IECA Identifies Problems with Proposed Stormwater Reform

Steamboat Springs, CO—U.S. water quality is under attack by H.R. 5558, the Stormwater Enforcement and Permitting Act of 2006. This bill seeks to amend the Federal Water Pollution Control Act with regards to permitting and enforcement for residential construction activity. It is the position of the International Erosion Control Association (IECA) that this bill will cause difficulties for stormwater regulators and lead to a degradation of water quality in the U.S.

“IECA supports streamlining of the permitting process, but in its current form this bill could pose a serious threat to our environment,” said John Peterson, CPESC, president and CEO of KEMPS Consultants Inc. and chair of the IECA Government Relations Committee. “The changes to the law that are being proposed by the bill could make enforcement of stormwater regulations on residential sites nearly impossible. It also doesn't address commercial development sites.”

The IECA believes there are three major issues of concern: the transferring of establishment and enforcement of stormwater regulations from the federal government to the state; the proposal that the first violation on a residential site go unpunished; and the elimination of permits for some sites including those with a “minimum potential for soil erosion.”

Because states enforce the National Pollutant Discharge Elimination System (NPDES) differently, IECA is concerned that Section 4 of this bill strips the Environmental Protection Agency’s (EPA) authority to force NPDES compliance in states that do not enforce the current regulations.

For states that do enforce compliance, funding for stormwater programs will become more of a concern if H.R. 5558 is approved. Under this proposal, states that issue stormwater permits will be prohibited from receiving any of the money paid to the federal government for penalties or fines.

“This is the equivalent of an unfunded mandate,” said Peterson. “We are asking states to provide the manpower and resources and then giving all the money to the federal government. At some point, states won’t be able to afford to enforce the law.”

The act of enforcement also will become more challenging. The bill proposes that permit violators be given the opportunity to correct a problem before initiation of enforcement begins. Once a violation is identified, the stormwater permit administrator may “reasonably request” corrective action.

With decreased funding for enforcement, the lack of initial enforcement increases the chances that developers who violate their permits will not be caught or fined. IECA also believes this will jeopardize water quality.

“Although I think the building industry needs some relief, this bill is not the answer. It gives too much away. By the second or third “strike” the damage done by lack of controls may be beyond a reasonable fix,” said Lucinda Dustin, a storm water management consultant and member of the IECA Government Relations Committee.

IECA is also concerned that H.R. 5558 would allow the developers to bypass the permit process on sites that discharge stormwater to Municipal Separate Storm Water Sewer Systems (MS4) and for sites that are determined to have a “minimal potential for soil erosion.”

“We have to keep in mind that the collective discharge from many sites that have a ‘minimal potential for soil erosion’ could have a significant impact on water quality,” said Peterson.

For more information about the Stormwater Enforcement and Permitting Act, including comments from IECA members and IECA’s official position statement, visit IECA’s government relations blog at http://iecagrc.wordpress.com.

About IECA
The International Erosion Control Association (IECA) is the world’s oldest and largest association devoted entirely to helping members solve the problems caused by erosion and its byproduct – sediment. Founded in 1972, IECA is a non-profit organization that serves as the premier global resource for the prevention and control of erosion. For more information about state-of-the-art educational events and materials, please visit our web site at www.ieca.org.