The Stormwater Standard
by: J.W. Lemons and R. Scott
Stormwater Environmental Compliance Alliance, LLC
August 2007
Follow the MONEY $$$: THF Grindstone Development LLC and Emery Sapp & Sons Inc. have agreed to pay $146,833 for environmental damage to a tributary of Hinkson Creek during construction of the Wal-Mart Supercenter on Grindstone Parkway. The fine is the largest administrative penalty for a construction-related Clean Water Act case in the Environmental Protection Agency’s Region 7, which includes Missouri, Iowa, Kansas and Nebraska. The companies are also being required to spend an additional $70,000 to plant trees, shrubs and grass to protect the Hinson Creek streambank. By KEVIN COLEMAN of the Columbia Tribune’s staff. Published Tuesday, June 19, 2007. (Note from JW: Texas is in EPA Region 6.)
New & Notable: NEW: e-LIFE: a new web site and TV news spot educational program premiered as the latest tool to help North Texans learn more about their environmental quality of life. The program is co-sponsored by the U.S. Environmental Protection Agency (EPA), TSSWCB, North Central Texas Council of Governments and KTVT-TV CBS 11. For more info, go to http://ktvt.iewatershed.com. NOTE: Earthsavers has just established a manufacturing plant in Whitewright, Texas. Specialty wattles are now available - and at reasonable prices! For more info call JW now at 817-715-8078.
Places to Go: You still have time to sign up for StormCon 2007. It's in Phoenix this year, August 20 - 23rd (hey, airconditioners will be running!). Jeff Corwin of Animal Planet is the opening keynote speaker, so it should be interesting. "StormCon offers nontechnical stormwater sessions that will benefit those completely new to stormwater, as well as advanced sessions for seasoned professionals." Pre-conference workshops, certifications, networking opportunities. Plus over 150 vendors. For more info, go to http://www.stormcon.com/. Legal Line: NATIONAL ASSOCIATION OF HOME BUILDERS ET AL. v.DEFENDERS OF WILDLIFE ET AL.
No. 06–340. Argued April 17, 2007—Decided June 25, 2007*
This case appealed a 9th Circuit decision to the United States Supreme Court. The Court concluded "nothing in the text of §402(b) authorizes the EPA to consider the protection of threatened or endangered species as an end in itself when evaluating a transfer application." Under the Clean Water Act, if a state applies for permitting authority, the EPA must transfer the authority to the state if nine criteria are met. These criteria all relate to whether the state agency that will be responsible for permitting has the requisite authority under state law to administer the NPDES program. The Supreme Court determined that adding an endangered species criterion would alter the statutory command of the CWA. Note from RS - The EPA has transferred NPDES permitting authority to the state of Texas under TPDES General Permit to Discharge Waste TXR150000.
To read the entire slip opinion, go to:
http://www.supremecourtus.gov/opinions/06pdf/06-340.pdf
BMP Blurb: "BMPs" are Best Management Practices. These are defined by the TCEQ as "schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas." In other words, we're talking about a lot more than just silt fence.
Training Tip: Ultimate responsibility for your site belongs to the Permit applicant. It makes sense for that person to understand what his/her responsibilities are. Take advantage of a professional trainer's knowledge; attend training classes when they are offered. Next month we'll talk about the many great training opportunities in the Metroplex.
For all your Stormwater Solutions, call S.E.C.A. 817-715-8078SWPPPs - Inspections - Training - BMP Materials
