For a long period of time, U.S. EPA exempted stormwater from coverage under the Clean Water Act. This was largely due to the fact that EPA had enough on to do in simply regulating discharges from traditional point sources of water pollution. In 1987, Congress gave EPA the authority to regulate stormwater discharges from "presumptively
stormwater
Ohio Supreme Court Upholds Sewer District’s Stormwater Program
After five years of litigation, the Ohio Supreme Court issued its decision today in Northeast Ohio Regional Sewer District (NEORSD) v. Bath et. al., upholding the District’s authority to implement a storm water management program. The Supreme Court’s decision overturns an prior ruling by the Appellate Court which had held NEORSD did not have…
City of Cleveland Proposes Riparian Setback Ordinance
Northeast Ohio has had the largest number of political subdivisions in Ohio enact riparian and wetland setback ordinances. Now, the City of Cleveland is proposing to get into the act with its proposed Setback Ordinance 1555-13.
News of the City’s proposal got out this week when many property owners who could be subject…
NPDES General Permit for Industrial Activities – Feds and States Head toward Numeric Limits in Storm Water NPDES Permits
Traditionally, EPA has regulated storm water differently than point source discharges. Regulators recognized that it was easier to install new technology to reduce pollutant loading from a specific industrial process with a specific "end of pipe" discharge point. Storm water was much more unpredictable.
Therefore, U.S. EPA regulated storm water using general NPDES permits without specific…
Sewer District’s Green Infrastructure Program an Opportunity to Soften Impact of New Fee on Businesses
The Northeast Ohio Regional Sewer District (NEORSD) has entered into a settlement with U.S. EPA to fix its combined sewer overflow issues (CSOs). Included in the settlement is a provision which requires NEORSD to spend $42 million in eight years to eliminate 44 million gallons of storm water from entering its sewer system. This portion…
U.S. EPA to Start All Over on Numeric Limits for Construction Site Stormwater
For over three years, U.S. EPA had been moving toward a seismic shift in how it regulated stormwater run-off from construction sites. For the first time, U.S. EPA tried to impose a numeric permit limit on the turbidity of water (sediment mixed with water) that leaves construction sites following rain events. EPA ‘s efforts are…
Bay Village Debates Riparian Setback Ordinance
Bay Village has been debating establishing a riparian setback for the last few years. The proposal which began with a 75 foot setback has now been scaled down to 25 feet. Yet the ordinance is still controversial and City Council decided to delay its vote enacting the provision.
The debate before Council was covered in…
Part II: Risks and Opportunities With Proposed Regional Stormwater Utility
The Board of the Northeast Ohio Regional Sewer District (NEORSD) could vote as soon as the end of this week on whether to create a stormwater utility within its service territory. Through the imposition of a fee on homeowner’s and businesses the District would hope to tackle some of the region’s major stormwater issues.
In…
Local Controversy Intensifies Over Proposed Northeast Ohio Stormwater Utility
The Northeast Ohio Regional Sewer District (NEORSD) is pushing forward with a proposed storm water utility that would extend through out its service area. The Board is expected to vote on the proposal January 7th.
Under the proposal the District would assess the average homeowner $4.75 per month or around $57 per year. The fees…
U.S. EPA to Impose Numeric Discharge Limits at Construction Sites
On November 23, 2009, the U.S. Environmental Protection Agency (EPA) finalized new rules intended to control stormwater pollution from construction sites. The rule takes effect on February 2010 and will be phased in over four years.
The most significant new requirement is the imposition of numeric discharge limits from larger construction sites. In the past, U.S. EPA required construction site owners/operators to…