September 2017
Volume 12, Issue 5 
President's Corner
Buddy Smith
It has been an exciting and rewarding year as President of SESWA. My term of service as your President will end at the Annual Conference in Louisville next month and I will be turning the wheel over to the next leader. I am confident that SESWA will continue to be steered in a positive direction and that the efforts of local water quality management programs will be supported in the Southeast.

I would like to express my heartfelt thanks to the KSA/AMP management staff, Executive Committee, committee chairs, and all of our members for their hard work and dedication to our association. Everyone plays an important part in our organization and I encourage you to continue your support and active participation. The future of SESWA depends on our members' commitment to success and I am convinced that with your involvement, SESWA will grow larger and prosper longer. I am grateful for the time I had to serve as your President and eagerly anticipate seeing you in Louisville.

Sincerely,
Buddy Smith, President 
Association News
2017 Regional Stormwater Conference 
 
SESWA's 12th Annual Conference is just around the corner and features outstanding speakers, a great agenda, and the best networking opportunities in the Southeast! "Stormwater Solutions in Region 4" will be held at the Galt House in Louisville, Kentucky on October 11-13th. It's the ONLY conference focused SOLEY on stormwater education and networking in Region 4. The agenda was developed for you by your peers and includes presentations from EPA and NACWA. Online registration  closes today! On-site registration will be based on availability.

2017-18 Committees
To Be Appointed Soon
 
SESWA has four Committees  that oversee and provide assistance with its programs and services:  

 -Communications

 -Conference and Education

 -Membership

 -Stormwater Policy
 

Re-appointment to a Committee is not automatic!  The new President will be making appointments to the Committees shortly after next month's elections. If you're interested in serving watch your inbox and submit a Committee request form.  Appointments will be made in early November.
Articles linked to SESWA Community Forum
Some of the articles in this edition of the ForeCast are linked to postings on the SESWA Community Forum.  Readers will find more detailed information and attachments in the postings.  If you see a topic of interest you ca subscribe to that topic for ongoing communications and new information. SESWA's Community Forum is a great way to ask questions and share answers with other stormwater professionals without having to go outside of your inbox.  Once you subscribe, you can view article postings, participate in communications, post your own information, or ask a question, etc.  It's easy to get started - go to the How-To Guide for details!

In This Issue
Communications Sponsors



StormwaterONE
Suntree Technologies
Woolpert

SESWA Board of Directors

Executive Committee

President:
Buddy Smith, EPSC II
Hamilton County, TN

Vice President:
Hillary Repik
Town of Mount Pleasant, SC

Secretary-Treasurer:
Laurie Hawks
Brown and Caldwell

Immediate Past President:
Jeff Corely, PE, CSM
City of Concord, NC

Board Representative:
Thomas Miller
City of Birmingham, AL

To access a full listing of the SESWA Board of Directors, please click here.
Elections to be held during Annual Membership Meeting - GET INVOLVED!

The Annual Meeting of SESWA's membership will be held in conjunction with next month's Conference in Louisville.  This is your opportunity to consider running for a leadership position and becoming more involved in YOUR Association!  Elections for the three SESWA Officers and the other seats on the Board of Directors will occur on the afternoon of October 12, 2017.  The Officers, Immediate Past President and one other member of the Board form the Executive Committee, a part of the Board that may act on behalf of the Association in between meetings of the Board of Directors.  The Board is responsible for setting broad policy and adopting the Association's budget.  The Board consists of two local government representatives from each of the eight states in the southeast, plus four private sector representatives.  At least one local government seat from each state and two private sector seats are open for election next month.  If you want to get more involved in the Association, this is your chance!  QUESTIONS?  Contact SESWA at 866-367-7379.

SESWA Job Board - FREE to Members! 

SESWA members may post position vacancy announcements reaching thousands of qualified stormwater professionals and search for job openings throughout the Southeast at no cost! To post your vacancy, visit the Job Board on the SESWA website!
National and Regional News 
WOTUS - Update on Regulatory Initiatives
Kurt Spitzer, SESWA
 
After President Trump signed an Executive Order this past June directing EPA and ACOE to start the process to withdraw or significantly revise the 2015 WOTUS rule, several developments have occurred regarding the rule that was adopted toward the end of the Obama Administration. In July, EPA and the ACOE published a proposed rule repealing the 2015 regulations. SESWA submitted comments to EPA concerning the proposed regulations on September 27, 2017. To view SESWA's comments or to continue the discussion, please login and visit the SESWA Community Forum.

EPA and ACOE have always stated that they intend to adopt a new set of definitions of Waters of the United States in 2018 and in August, ten teleconferences are scheduled to hear recommendations from stakeholders on the new set of definitions. Nine of the sessions will be earmarked for specific sectors of the regulated community. For more information, visit EPA's WOTUS webpage or contact Ms. Damaris Christensen.

WOTUS - Court Update
Kurt Spitzer, SESWA
 
There have been no new significant developments in the WOTUS litigation since January, when the US Supreme Court agreed to hear an appeal filed by several regulated interests (including SESWA) of a decision of the Sixth Circuit Court in Ohio. The appeal concerned the procedural (although important) matter of whether the Circuit or District court was the proper venue for review of WOTUS and similar rules. A decision is expected in 2018. Until a final decision is rendered by a court or the 2015 rule is repealed, implementation of the current WOTUS rule remains stayed nationwide.
Planning
South Carolina Dam Safety Program
Charles Jarman, Clemson Extension, SC
 
The State of South Carolina experienced several major rainfall events in the past several years. The 2015 Flood and Hurricane Matthew in 2016 brought a new awareness to the importance of an effective dam safety program. These two events resulted in the failure of over 75 regulated dams in South Carolina. SC DHEC administers the Dams and Reservoir Safety Act. As a result of these events, the state has expanded this program and is in the process of accessing the approximate 2,400 regulated dams in the state. These assessments have identified educational needs related to dam safety. These educational needs include issues such as ownership and liability, inspection requirement, maintenance plans, emergency action plans, and permitting requirements. This program will definitely impact our stormwater management community.
BMPs
Current Post-Construction BMP Requirements
Scott Hofer, Jefferson County Department of Health, AL

In 2011, the Alabama Department of Environmental Management (ADEM) administered Phase II General Permits and introduced the design criteria of a 2 year - 24 hour storm for post-construction BMPs. For Alabama, the range for such a storm is from 3.75 to 6 inches according to the Rainfall Frequency Atlas of United States (1963). The Phase II general permits were reissued in 2016 with the same design criteria. ADEM began administering the current MS4 Phase I Permits, including a design standard for post-construction BMPs, in 2013. Post-construction BMP requirements for Phase I Permits have a numeric design criteria of 1.1 to 1.17 inches of rainfall.

Septic Systems Training
John Butler, Gwinnett County, GA

The Metropolitan North Georgia Water Planning District (MNGWPD) has developed a training on septic systems targeting real estate agents. The training is accredited by the Georgia Real Estate Commission and taught directly to real estate schools by MNGWPD and water utility staff. The idea is that the real estate agents understand septic systems better so they can pass on that info to home buyers and help to ensure properly functioning septic systems are in the ground. Gwinnett County has partnered with the MNGWPD to teach the training locally, along with the Gwinnett Environmental Health section to provide the best information possible.
Regulatory/Policy/Permits
Working for Safer Dams 
Wade Burcham, Integrated Science & Engineering
 
As the only state without a dam safety program, Alabama does not have a complete inventory of where all the dams in the state are located. Only an estimated 2% of all known dams in Alabama are being inspected for safety, maintained, and have emergency action plans in place for use in the case of a failure. Without a dam safety program, communities that live under dams may not be aware of their risk, and emergency action plans for high hazard dams may not be in place to mitigate property damage and save lives in the case of a breach or failure. The Alabama Section of the American Society of Civil Engineers illuminated this risk in the Report Card for Alabama's Infrastructure. The Report Card graded dams an "Incomplete," signified by a question mark to demonstrate that without a dam safety program, Alabama doesn't know its own dam safety risk. To further promote the need to establish a dam safety program through state legislation, ASCE has founded the Alabama Safe Dams Coalition. To view comments or to continue the discussion, please login and visit the SESWA Community Forum.

Final Draft Phase II MS4 Small Permit
Barbara Seal, Gwinnet County, GA
 
GA EPD has set a date for the Public Meeting/Hearing concerning the Final Draft Georgia Phase II Small MS4 Permit: 9:00 AM on October 16, 2017 at EPD's offices at 4244 International Parkway, Suite 114, Atlanta, GA 30354. This permit is applicable to 118 local governments and expected to be issued in December 2017. Georgia is the first state in Region 4 to rewrite an MS4 Phase II Permit after the resolution of the remand rule. As a result, permittees should take an active role in reviewing this permit for unintended consequences and technical concerns. Also, SESWA members should note that the Phase II Small MS4 Permit includes the same requirements found in the recently issued Medium Phase I Permit, such as: 1) a runoff reduction requirement to hold on-site the first 1.0 inch of runoff, 2) a requirement to protect trout streams from temperature elevations, 3) an option for local DOTs to determine the feasibility of implementing the runoff reduction requirement on linear projects. The runoff reduction requirement is triggered three years into the permit period, which allows the permittee to develop training programs for design engineers, plan reviewers, inspectors, etc. Review the new draft permit. To view comments or to continue the discussion, please login and visit the SESWA Community Forum.

SESWA Supports Stormwater Utilities
Laurie Hawks, Brown and Caldwell

Georgia SB 116, introduced during the 2017 legislative session, would have prohibited local governments from charging a stormwater utility fee on properties that had been designed to achieve control of runoff from the 25 year-24-hour storm event, as described in the Georgia Stormwater Management Manual. Passage of this, or a similar bill, would greatly undermine a Stormwater Utility's funding source and ability to address Stormwater quality and infrastructure issues. SB 116 did not pass out of committee; however the committee did pass SR 224, which created a study committee to review Stormwater Management Fees. A representative of SESWA will present on the value of Stormwater Utilities to the Study Committee, which has its first meeting scheduled for 10:00 AM in Empire Rooms 1&2, at The Classic Center, 300 N. Thomas Street Athens, Georgia on October 6, 2017. A public comment period is included on the agenda and Georgia members are encouraged to attend if they are able. For more information contact Steve Leo, Gwinnett County. To view the full article or to continue the discussion, please visit the SESWA Community Forum.

NC Offers Unique "MS6" Program for Your MS4
Jeff Corley, City of Concord, NC
 
The MS6 program became available through the NC Division of Environmental Quality on July 1, 2017. This voluntary "Sustainability Strategies" program allows permit holders to evaluate their program performance as well as assist in improving overall permit compliance. To learn more about the MS6 program, visit the NCDEQ MS6 project page.

Home Builders Push to Roll Back of SW Rules
Peter E. Yakimowich, PE, Vaughn & Melton
 
Following the success of the Home Builders Association (HBA) efforts to push for revisions in Tennessee's NPDES Phase 2 Stormwater Permit, the battle shifted to the City of Chattanooga with the HBA seeking relief from post-construction requirements based on economic hardship. In response, a draft ordinance was prepared by staff that addresses retention standards. While the retention requirements remained as the first option, only non-economic hardship exemptions could be considered. The first options are paying a mitigation fee, detention and treatment of a 2.1 inch rainfall event through green infrastructure facilities, or filtration of a 3.1 inch rainfall event using an approved propriety device for 80% TSS removal. The draft ordinance also rolled back the 1.6 inch retention requirement for S. Chickamauga Creek, although the Stormwater Board upheld the special requirement when sending a revised draft ordinance to the City Council for approval. It is expected that the HBA will make the same arguments in front of the Council. Stay tuned.
NACWA Corner
Provided by the National Association of Clean Water Agencies

Stormwater exemptions vital as WOTUS gets redefined
Emily Remmel, Director of Regulatory Affairs

As water professionals across the country embark on the complex journey to rescind the 2015 Clean Water Rule, recodify the pre-existing 1988 definition, and ultimately redefine which waters indeed qualify as "waters of the United States" (WOTUS), there is a particularly important role for stormwater managers in this process-to advocate for the preservation of existing stormwater exemptions.

As the new WOTUS definition is devised, ensuring a clear, unambiguous exemption for stormwater control features will help with consistency particularly among U.S. Army Corps of Engineers districts. Some Corps districts, for example, now require Section 404 permits to clean out stormwater control features that have been colonized with wetland vegetation. It is counter-productive to require Section 404 permitting when routine maintenance is necessary for the proper operation of these stormwater control features.

NACWA submitted a letter  to EPA in June highlighting important watershed considerations to consider as the regulatory rulemaking marches forth. NACWA will be hosting a conference call with members on October 18th at 2:00 PM ET to discuss the Association's position moving forward.
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)