The Stormwater Standard
by: J.W. Lemons and R. Scott
Stormwater Environmental Compliance Alliance, LLC
November 2007
Follow the MONEY $$$:
TE Products Pipeline Company, LLC and TEPPCO Crude Pipeline, LLC (collectively “TEPPCO”) will pay a $2.865 million penalty to resolve violations of the Clean Water Act, the Environmental Protection Agency announced August 16, 2007.
“It is imperative that business and industry do their part to minimize the risks of oil and fuel spills,” said EPA Regional Administrator Richard E. Greene. “Keeping our waters clean must be a priority and must be viewed as a fundamental responsibility. EPA and our state partners will continue to ensure that companies make conscientious efforts to follow environmental laws.”
New & Notable:
NEW: The TCEQ is proposing to renew a general permit, TPDES Permit No. TXR150000, which authorizes discharges from Construction Sites into surface water in the state. Significant changes to the existing permit include revision to the definition of Operator, revised fee structure, and additional concrete batch plant requirements. Builders Beware: The definition of “Commencement of Construction” has been revised to include demolition. The TCEQ is encouraging electronic submittals: the authorization period will begin 10 days after snail mail submittal of your NOI, not the current 48 hours, and the FEE is $100 MORE if you submit by mail rather than online. The current Permit expires in March 2008.
NOTABLE: Last month the City of Grapevine hosted a stormwater/BMP training program for Builders, with JW as co-presenter. If you are a MS4 (Municipal Separate Storm Sewer System) you can kill two birds with one stone: follow Grapevine’s example by 1) training your local builders to improve their stormwater compliance; and 2) meeting your public education and outreach requirements for your MS4 Permit. For more info: JW Lemons 817-715-8078.
Places to Go:
Combine work and play in Orlando, Florida: EC08, the International Erosion Control Association’s Annual Conference and Expo will be held at Disney’s Coronado Springs Resort February 18 - 21, 2008. Lots of educational and how-to workshops, a golf tournament or lunch with an astronaut! Coronado Springs is a beautiful venue and offers lots of opportunities to entertain the kids. For more info, go to www.ieca.org
Legal Line:
Muddying the Clean Water Act
Rapanos v. United States & Carabell v. Army Corps of Engineers
Rapanos v. United States, No. 04-1034, __ S.Ct. __, 2006 WL 1667087 (June 19, 2006).
The Supreme Court consolidated these two cases, which concerned the jurisdiction of the Clean Water Act over certain wetlands. The five opinions (plurality, 2 concurring, and 2 dissenting) focused on defining “waters of the United States,” and resulted in a flurry of subsequent legal and environmental analysis ad nauseum. While the Court appears to have somewhat reduced the Corps’ authority over dirt that may be damp, it has certainly increased the strain on the courts below to interpret and apply this “decision.”
For the EPA’s and Army Corps’ Guidance Memorandum, which includes lengthy discussion of the case, see http://www.epa.gov/owow/wetlands/pdf/RapanosGuidance6507.pdf.
Meanwhile, if YOU need a wetland determination, according to the Army Corps one or more indicators of wetland vegetation, hydric soil, and wetland hydrology must be present for an area to be a wetland. If you observe indicators of any of the three characteristics, you should seek assistance from either the local Corps District Office or consultant who is an expert at making wetland determinations.
SWPPP Tip:
Training: The BEST BMP. RECORD ALL YOUR TRAINING, BOTH EMPLOYEE and SUBS, IN YOUR SWPPP. Loads of training opportunities are available in the DFW Metroplex! Check out the City of Dallas’ excellent stormwater website: www. wheredoesitgo.com. Also, the North Central Texas Council of Governments at www.nctcog.org. And Texas Commission on Environmental Quality at www.tceq.state.tx.us. The EPA has live, as well as archived, stormwater webcasts at www.epa.gov. And, of course, call JW at 817.715.8078 for group classes or one-on-one.
BMP Blurb:
Turkeys have WATTLES.
and SO DO WE!
Specialty Wattles: (custom diameters & lengths available)
Rice Straw Fiber Rolls - Excelsior Fiber Rolls - Weighted Wattles
HAPPY & SAFE THANKSGIVING from SECA!
