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Susquehanna River Basin Commission October 29, 2008

Department of Environmental Protection Planning to Protect Water Resources Managing Stormwater Locally. Susquehanna River Basin Commission October 29, 2008 . Barry A. Newman, M.S., P.E. Chief, Stormwater Planning and Management. Stormwater ≠ Stormwater Management.

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Susquehanna River Basin Commission October 29, 2008

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  1. Department of Environmental Protection Planning to Protect Water Resources Managing Stormwater Locally Susquehanna River Basin Commission October 29, 2008 Barry A. Newman, M.S., P.E. Chief, Stormwater Planning and Management

  2. Stormwater ≠ Stormwater Management • “Stormwater” ≠ “Stormwater Management” • Act 167 - • Section 3, Purpose and Policy, preservation of natural storm water runoff regimes, groundwater and groundwater recharge areas • Section 4, “Stormwater.” Drainage runoff from the surface of the land … • Runoff, evaporation, infiltration, storage, and reuse are affected • “Stormwater Management” can affect the entire supply of fresh water?

  3. WHEN IT RAINS… • Pennsylvania is one of the most flood-prone states in the nation.  - PEMA • World Record 4.5-Hour Rainfall • 30.8 inches, July 18, 1942, Smethport - NOAA • National Records • 16 inches, 3 hours, August 5, 1843, Concord, Franklin Co. • 34.5 inches, 24 hours, July 17-18, 1942, Smethport

  4. …IT DRAINS

  5. Effect of Development on Stormwater Runoff w/o management Pre-development w/ management Even 1% increased impervious area within a watershed can result in significantly increased volume & runoff rate, if left unmanaged.

  6. Jordan / Frankford Basins Jordan Creek near Schnecksville, PA Basin Characteristics Report Date: Tue Oct 22 2005 13:25:59Latitude (NAD83): 40.6621 (40 39 43)Longitude (NAD83): -75.6263 (-75 37 34)  Parameter Value  Area that drains to a point on a stream 53.1  Percentage of area covered by forest 32.6  Percentage of basin with urban development 1.79  Percentage of area of carbonate rock 0 Frankford Creek at Castor Ave, Philadelphia Basin Characteristics Report Date: Tue Oct 22 2005 14:24:32Latitude (NAD83): 40.0063 (40 00 22)Longitude (NAD83): -75.0928 (-75 05 34)  Parameter Value  Area that drains to a point on a stream 33.9  Percentage of area covered by forest 5.17  Percentage of basin with urban development 89.6  Percentage of area of carbonate rock 0

  7. Effects of Development October 2005 Storm

  8. Storm Water Management • DEP’s Permitting and Grant Programs must comply with the State Water Quality Standards, including • NPDES Storm Water Discharges from Construction • NPDES Phase II MS4 Permits (Urban Areas) • Act 167 Storm Water Management Plans • Dam Safety and Waterway Management (25 Pa.Code Chapter 105) • Post construction storm water impacts must comply with • Pennsylvania Water Quality Standards25 Pa. Code Chapter 93

  9. 23 Pa.Code §93.4aANTIDEGRADATION REQUIREMENTS § 93.4a. Antidegradation. (a) Scope. This section applies to surface waters of this Commonwealth. (b) Existing use protection for surface waters. Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. (c) Protection for High Quality Waters—The water quality of High Quality Waters shall be maintained and protected, except as provided in § 93.4c(b)(1)(iii) (relating to implementation of antidegradation requirements). (d) Protection for Exceptional Value Waters—The water quality of Exceptional Value Waters shall be maintained and protected.

  10. Chesapeake Bay – PA Goals by 2010 • Watershed plans covering 2/3 of tributary area (9.6 million acres). • Objectives are protection, conservation and restoration of stream corridors, riparian forest buffers and wetlands. • Wetland preservation plan covering 3.6 million acres  restore 4,000 acres.

  11. Chesapeake Bay Watershed • 43 counties have land area in the Chesapeake watershed • 36 have participated in Act 167 stormwater management planning • 21 are actively involved in county-wide Act 167 stormwater management planning

  12. Some of the Reasons for Storm Water Management Planning • Protection of water quality requires control of storm water discharge rates, volumes, and quality. • Amount of pollutant  Volume of runoff. • Land development and land alteration change the amount and characteristics of stormwater runoff. • Changing land use from forest to impervious can • Increase runoff volume 5x to 7x(50% ET, 33% GW, 17% RO) • Increase peak rate of flow 4x (typical) • Changes in runoff rates, volumes, and quality affect property, safety, health, and the environment. • Siltation is involved in 51% of PA’s impaired stream miles. • Land development in many counties is projected to continue at a rapid pace –increasing stresses and demands on water resources.

  13. Stormwater Management Act 1978 Act 167 A Good Program Model - Do More With It! ‌ V Integrated Water Resources Planning

  14. Pennsylvania Stormwater Management Act Counties: Prepare Plans Municipalities: Implement Plans DEP: Assistance, Administration, Consistency, … 14

  15. Act 167 Framework - 1 Act 167 is a planning program that runs on three governmental powers • Governmental powers of municipalities to • implement programs via local ordinances, • Administer, manage, regulate, and enforce stormwater control ordinances, • Land use controls: zoning, subdivision and development, • Building codes, • Erosion and sediment control, • Public nuisance, • Raise money.

  16. Act 167 Framework – 2-3 • Planning power and capacity of counties to prepare county-wide and watershed-based plans for each county. • DEP’s power to administer, coordinate, and support the planning process by providing • Consistent statewide implementation of the program. • Financial and technical assistance to counties and municipalitiesDEP covers 75% of allowable costs. • Guidelines. • Model Ordinance. • Other support.

  17. Stormwater Management ActLegislative Findings The General Assembly finds that: (1) Inadequate management of accelerated runoff of storm water resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, greatly increases the cost of public facilities to carry and control storm water, undermines flood plain management and flood control efforts in downstream communities, reduces ground-water recharge, and threatens public health and safety. (2) A comprehensive program of storm water management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of the people of the Commonwealth, their resources and the environment.

  18. Stormwater Management Act Purpose and Policy Section 3. Purpose and policy. The policy and purpose of this act is to: (1) Encourage planning and management of storm water runoff in each watershed which is consistent with sound water and land use practices. (2) Authorize a comprehensive program of storm water management designated to preserve and restore the flood carrying capacity of Commonwealth streams; to preserve to the maximum extent practicable natural storm water runoff regimes and natural course, current and cross-section of water of the Commonwealth; and to protect and conserve ground waters and ground-water recharge areas. (3) Encourage local administration and management of storm water consistent with the Commonwealth's duty as trustee of natural resources and the people's constitutional right to the preservation of natural, economic, scenic, aesthetic, recreational and historic values of the environment.

  19. Act 167 Requirement to Prepare Plans Section 5. Watershed storm water plans and contents. (a) Within two years following the promulgation of guidelines [May 14, 1985] by the department pursuant to Section 14, each county shall prepare and adopt a watershed storm water management plan for each watershed located in the county as designated by the department, in consultation with the municipalities located within each watershed, and shall periodically review and revise such plan at least every five years. The department may, for good cause shown, grant an extension of time to any county for the preparation and adoption of a watershed storm water management plan.

  20. Enforcement of Plan Preparation Section 7. Joint plans and coordination of planning. Where a watershed includes land in more than one county, the department may require the affected counties to prepare, adopt and submit a joint plan for the entire watershed. Section 10. Failure to submit plan; mandamus. The department may institute an action in mandamus to compel counties to adopt and submit plans in accordance with this act. (10 repealed in part Oct. 5, 1980, P.L.693, No. 142 and repealed insofar as inconsistent Oct. 15, 1980, P.L.950, No. 164)

  21. Effect of Act 167 Plans Section 11. Effect of watershed storm water plans. (a) After adoption and approval of a watershed storm water plan in accordance with this act, the location, design and construction within the watershed of storm water management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, facilities for the provision of public utility services and facilities owned or financed in whole or in part by funds from the Commonwealth shall be conducted in a manner consistent with the watershed storm water plan.

  22. Effect of Act 167 Plans Section 11. Effect of watershed storm water plans. (b) Within six months following adoption and approval of the watershed storm water plan, each municipality shall adopt or amend, and shall implement such ordinances and regulations, including zoning, subdivision and development, building code, and erosion and sedimentation ordinances, as are necessary to regulate development within the municipality in a manner consistent with the applicable watershed storm water plan and the provisions of this act.

  23. Duties of Persons Section 13. Any landowner and any person engaged in the alteration or development of land which may affect storm water runoff characteristics shall implement such measures consistent with the provisions of the applicable watershed storm water plan as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required: (1) to assure that the maximum rate of storm water runoff is no greater after development than prior to development activities; or (2) to manage the quantity, velocity and direction of resulting storm water runoff in a manner which otherwise adequately protects health and property from possible injury.

  24. Integrated View • Stormwater planning is an integral part of other planning efforts and vice versa. • Regional integrated water resources planning is necessary: • County-wide • Large watersheds • Regional October 21, 2008 24

  25. Integrated View • Comprehensive Stormwater Management Policy September 28, 2002: Stormwater is a Resource STORMWATER IS OUR PRIMARY SUPPLY OF FRESH WATER • runoff quality, stream bank erosion, ground water recharge, dry-weather stream flows, + traditional flood control • Construction stormwater and post construction stormwater • Meet federal requirements • Multiple comprehensive planning requirements lack coordination and have the potential to conflict with one another: • Stormwater management plans • County comprehensive plans (development / land use) • Flood protection / flood plain management plans • Hazard mitigation plans • Source water protection plans • Water supply plans • State water plan • Recreation plans • Transportation: Highway, rail, air • Utility corridor plans • Permitting • Urban Wet Weather and Infrastructure Improvements (CSS/CSO) • Consistency with river basin and bay commissions October 21, 2008 25

  26. IWRP – Update Act 167HB 2266 • Water quality: Protect, maintain, reclaim, restore. • Expand possible planning organizations. • Expand definition of planning areas. • Improve ability to finance operations. • Improve and clarify enforcement.

  27. IWRP – Expand Concept • (1) Federal Clean Water Act • (2) Federal Safe Drinking Water Act • (3) Pennsylvania Clean Streams Law • (4) Pennsylvania Safe Drinking Water Act • (5) Pennsylvania Storm Water Management Act • (6) Pennsylvania Flood Plain Management Act • (7) Pennsylvania Sewage Facilities Act • (8) Pennsylvania Dam Safety and Encroachments Act • (9) Pennsylvania Water Resources Planning Act • (10) Pennsylvania Water Rights Act • (11) Pennsylvania Conservation District Law • (12) Pennsylvania Municipalities Planning Code • (13) Pennsylvania Municipality Authorities Act • (14) Pennsylvania Nutrient Management Act

  28. Act 167 SWM Statewide Status • 2258 of ~2565 Municipalities involved in Act 167 plans in progress or approved • 63 of 67 Counties involved to date (in some way) • 54 Counties involved in county-wide planning • 911 of 2566 Municipalities with at least one approved Act 167 Plan • 700 Municipalities have enacted Act 167 ordinances • 359 Municipalities with past-due enactments for recent plans • $19 Million (+) Dollars Appropriated from the General Assembly since 1985. • 2007-08 appropriation is $2.2 million. Same for 2008-09.

  29. Status of County-Wide Planning • 54 Counties in-progress or ready. • 37 have signed agreements to prepare plans • 7 approximately, agreements pending • Use detailed analyses for prioritized problems • Implement program everywhere

  30. Compliance And EnforcementMunicipal Implementation Act 167 Stormwater Management Plans, Final Guidance – June 3, 2006 Municipalities with past due enactment of ordinances Enforcement will occur DEP’s Options include Administrative Action and/or Civil Action Permit bar Withholding of funds last (Section 12 of Act) Handled by Central Office Progressive enforcement will begin soon 31

  31. New Model Ordinance • Public comment period:5/13/2006 through 7/14/2006 • Incorporate and emphasize water quality protection, reclamation, maintenance, restoration. • Replace technical content with a clear performance standards • Eliminate gaps in authority of municipalities • Reduce and manage administrative burden. Proportionate to magnitude of project. • Comment / Response Document Forthcoming • Will be published as: Technical Guidance

  32. Model Ordinance: Water Quality • Two methods in the Model Ordinance • Simple, but effective • Minimize analysis • Independent of specific site conditions • Limited to projects 1 acre and less • Design Storm • Comparison of hydrologic conditions pre- to post- development for 2-year 24-hour storm • Pervious non-forested areas and 20% existing impervious areas are counted as meadow • Expect to add aquatic buffers to next edition.

  33. Stormwater Management Consultant/County Workshop • Workshop funding was requested. • Annual workshop • Update counties and consultants • New developments • Plan approval requirements • East, Central, West

  34. Act 167 Contacts Barry Newman, M.S., P.E., (717) 705-6346Chief, Stormwater Planning and Management Sectionbanewman@state.pa.usSecretary Penda Powell, (717) 772-5807, pepowell@state.pa.us

  35. Act 167 Contacts Ruth Sitler, M.Eng., E.I.T., S.I.T. (717) 772-5632 Stormwater Planning Manager, Western PArusitler@state.pa.us

  36. Act 167 Contacts Nancy Cisar, (717) 772-5802Stormwater Planning Manager, Central PAncisar@state.pa.us

  37. Act 167 Contacts Jennifer Kehler, (717) 772-5628 Stormwater Planning Manager, Eastern PAjekehler@state.pa.us

  38. Act 167 Contacts STORMWATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (PAG-13) Sabrina Stanwood, M.S., (717) 772-5661Stormwater Planning Manager, MS4 Permit Renewalsstanwood@state.pa.us

  39. Discussion Selected References DEP Website: www.depweb.state.pa.usClick on: “DEP Programs (A-Z)” Click on: “Stormwater” • BMP Manual • Draft Model Ordinance (Comment period closed 7/14/06)ftp://ftp.state.pa.us/pub/dep/SWM/ • “General Information” button • 1978 Act 167 • 25 Pa. Code 111 (Reimbursement Regulation)

  40. End

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