Archive for the ‘Stormwater Management Act of 2007’ Category

New Stormwater ESD Code Unanimously Approved by the Council‏

Tuesday, July 27th, 2010

Dear Stormwater Partners,

The Montgomery County Council unanimously passed Expedited Bill 40-10 around noon today!  As you know, this is the bill that amends our stormwater code to require that Environmental Site Design become the new norm in how projects are designed and built.

In this revised ordinance, Montgomery County kept its strong stormwater volume standards - requiring redevelopment as well as new development projects to address both the first one inch of each storm as well as the “Channel Protection Volume” (equivalent to the largest storm that typically occurs once per year, 2.6″ of rain in 24 hours). 

Through a concerted team effort that included “sweating the details” through legislative and administrative lobbying (beginning in Montgomery County more than a year ago on this ordinance), along with end-stage negotiations, we were able to win agreement from all stakeholders to eliminate the two worst waiver provisions that were in an earlier draft of the bill (in one case through deletion, in the other, through a revision).

Many thanks to:  Ginny Barnes, Brent Bolin, Bruce Gilmore, and Dana Minerva who each brought in persuasive powers, policy wisdom, and effective communications exactly when they were needed.  In addition, Anacostia Riverkeeper Dottie Yunger made phone calls and sent emails in support of the changes we needed to the bill, Steve Dryden testified, attended Council sessions and the negotiation, and Anne Ambler gave excellent testimony on July 13.  Many other Stormwater Partners stayed up on the issues and wrote their own letters of support.

DEP Director Hoyt and DPS Water Manager Rick Brush were also helpful throughout this process, as were the members of the Council’s T&E  Committee.  They deserve our thanks, and I will be thanking them directly.

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Neighbors of the Northwest Branch Testimony to the County

Monday, July 26th, 2010

I am speaking on behalf of Neighbors of the Northwest Branch, a citizen-based nonprofit dedicated to the restoration of the Northwest Branch of the Anacostia River. We experience first hand the results of current “best management practices” for stormwater: deeply eroded stream channels, exposed and vulnerable sewer pipes, and pollution and nutrients from streets and yards carried down the Northwest Branch to the Anacostia River to be deposited in a dying Bay. 

The Stormwater Management Act of 2007 opened a new chapter, setting Environmental Site Design (ESD) as the new standard for development. Bill 40-10 begins the process of writing the new standards into existing county code. Kudos to the County Exec for continuing to apply thesame stormwater volume standards to both new development and redevelopment projects. But some other parts of the code revision must be strengthened—now, before approval. 

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Stormwater Partners Letter to the County Council

Monday, July 12th, 2010

Dear Council President Floreen,

The Montgomery County Stormwater Partners consist of 22 organizations working together for the protection and restoration of Montgomery’s streams, rivers, and lakes. We appreciate this opportunity to convey our comments on Expedited Bill 40-10, containing proposed changes to our County’s stormwater regulations (Chapter 19 of the County Code). We trust that the Council will seriously consider the public’s input on this Bill and conduct a full and deliberative process at this juncture.

We support several key aspects of the proposed stormwater code changes, including the continuance of Montgomery’s longstanding tradition of applying the same stormwater volume standards for on-site management to both new development and redevelopment projects.

Other aspects of Bill 40-10 are counter to the Stormwater Management Act and/or existing County policy; the Council must remedy these problems before approving the ordinance:

1) The bill’s grandfathering provisions are much too broad and lenient. The revised stormwater ordinance should require that all County-owned project proposals, and all private projects with substantial county subsidies, that went into facility planning in or after Fiscal Year 2009, comply with the new Environmental Site Design (ESD) requirements. This is consistent with the 2007 Clean Water Task Force recommendations.

2) The proposed waiver eligibilities would make it easier for projects to be waived from on-site stormwater capture and treatment requirements for infill, redevelopment and phased projects, and projects with unspecified special circumstances; we ask that these be removed. Such broad categorical waiver eligibility is counter to existing County policy and practice, and to the Stormwater Management Act.

3) Remove the loophole that allows projects discharging to regional stormwater facilities to be eligible for waivers.

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Baltimore Sun: House-Senate Panel OKs Easing Pollution Curbs

Wednesday, April 7th, 2010

 Emergency Regulations
From the Baltimore Sun:

“An O’Malley administration proposal to ease Maryland’s stringent new storm-water pollution rules won legislative approval Tuesday night, capping a fierce debate over whether the Chesapeake Bay would suffer from giving developers more time and leeway in having to clamp down on rainfall washing off their building projects.

After a three-hour hearing, the House-Senate Committee on Administrative, Executive and Legislative Review overwhelmingly endorsed emergency changes to state storm-water pollution regulations that are scheduled to take effect in a month. The revisions were proposed by the Maryland Department of the Environment after an outcry from developers and local officials had prompted lawmakers to move to roll back the regulations by legislation.”

Continue here.

Neighbors of the Northwest Branch Testimony Against Emergency Stormwater Regulations

Tuesday, April 6th, 2010

Neighbors of the Northwest Branch vigorously opposes the Emergency Regulations, which would dramatically reduce the effectiveness of the Stormwater Management Act of 2007, legislation that while visionary, was also long overdue.

Neighbors of the Northwest Branch is a citizen-based nonprofit dedicated to the restoration of the Northwest Branch of the Anacostia River. We experience first hand the failed results of current “best management practices” for development: the deeply incised and eroding stream channels, the uncovered and vulnerable sewer pipes, the strong surges of stormwater carrying pollution and nutrients from streets and yards down the Northwest Branch to the Anacostia, the Potomac, and the Bay. Not only is the Bay dying from excess nutrients, with watermen fighting over the last few oysters, but contact with some Maryland waters causes skin ulcers. Infectious diseases may be next. This has become more than a matter of economic loss; it is a question of public health.

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