Stormwater Runoff Permit Changes

Many states are moving toward adopting permitting of stormwater runoff regulations that will allow contractors to forego rigorous pollutant-mixing analyses if their activities are conducted under a general permit and if they follow a carefully prescribed and enforced group of best management practices (BMPs). BMPs are designed to reduce or eliminate adverse water-quality impacts from sediment, nutrients, bacteria and other pollutants, and can also include erosion and sediment controls at new construction sites, upgraded septic systems, control of impervious surface water runoff and tighter overall soil and water conservation practices. Unfortunately, because of budget restraints and poor integration of data among data collectors, many states are barely able to monitor or make baseline assessments or watershed profiles for one third of their waters. There is, therefore no existing data against which to make such an analysis. In a recent decision on West Virginia's antidegradation procedure, a federal court indicated that the BMP approach might be an acceptable way to implement antidegradation policies under general permit programs if the BMPs prevent degradation of water quality. However, environmental groups have indicated that if stormwater discharges significantly degrade water quality-such as in areas of new development-or if they cause violations of water quality criteria, these groups will submit challenges. The recent federal rulings on antidegradation, however, support fairly narrow interpretations of the federal regulation, so the incentives for builders, contractors and landscape architects to make sure that new and expanded stormwater discharges do not adversely affect water quality has never been greater.