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Spotlight- CBF: Pennsylvania Stormwater Regulation Needs More Muscle
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With over 4,000 miles of Pennsylvania's rivers and streams polluted by runoff from developed and developing areas, the Chesapeake Bay Foundation's Pennsylvania Office has called on the Department of Environmental Protection to dramatically strengthen the stormwater permit governing major urban and suburban areas in the Commonwealth.
          This permit, known as the Municipal Separate Storm Sewer System (MS4) permit, is required by the federal Clean Water Act, and is a critical vehicle for achieving pollution reductions in the Chesapeake Bay.
          "The draft permit proposed by DEP falls far short of the requirements of both Pennsylvania law and the federal Clean Water Act," said Matthew Royer, CBF's Pennsylvania attorney. "Not only is the permit long overdue, what has been proposed thus far fails to adequately reduce stormwater pollution to our local rivers and streams."
          CBF filed extensive comments on the draft permit during the public comment period, with specific recommendations on how the permit must be strengthened.
          Improperly managed stormwater funnels nitrogen, phosphorus, and sediment pollution into waterways, accelerating stream bank erosion and property loss, as well as contributing to severe flooding.
          In fact, each year Pennsylvania suffers about $12 million in property damage caused by floods. And while pollution from other sources is being reduced, pollution from urban and suburban runoff is increasing.
          While both Pennsylvania law and the Clean Water Act require that pollution must be reduced and new sources prohibited in waterways that are impaired by pollution, DEP's proposed permit fails to address these requirements.
          "The proposed permit does virtually nothing to reduce stormwater pollution, especially when it flows into waterways that are already impaired," said CBF Pennsylvania Senior Scientist Harry Campbell. "We need a robust permit that requires measureable and enforceable benchmarks and timelines for reducing pollutant-laden stormwater."
          In addition, existing technologies, called low impact development, are not a required part of the permit. These practices are widely recognized as successful in reducing stormwater pollution, maximizing the protection of natural soil and vegetation, and minimizing the creation of impervious surfaces. CBF has called on DEP to require that municipalities ensure the implementation of LID in all new construction and re-development, just like other states have done.
          The type of better stormwater management CBF is calling for isn't just about the environment. "Starting at the source of stormwater can actually save taxpayer money in the long run," Campbell said. "For every dollar invested in protecting our waterways, $27 is saved in water treatment costs for drinking water."
          The pending Chesapeake Bay Total Maximum Daily Load (TMDL), being developed as a result of a court order, will require pollution reductions from all sources including urban and suburban stormwater. The Bay states' MS4 permits must be strong enough to achieve these stormwater reductions.
          "As DEP considers the many public comments it received, we hope it will see the clear need to strengthen the permit so the final version will achieve the restoration objectives of the Clean Water Act," Royer said.
          A copy of the MS4 proposal is available online.

1/25/2010

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