Workshop Q Best Practices & Innovative Storm Water Management to Save Money & Simplify Compliance Tuesday, March 24, 2020 2 p.m. to 3:15 p.m.
Biographical Information Symposium Planning Committee Facilitator Melissa Olberding, CHMM Manager, Environmental Health & Safety – Luxottica North America 4000 Luxottica Place, Mason, OH 45040 Phone: 513-765-4311 MOlberding@LuxotticaRetail.com Melissa Olberding serves as Manager, Environmental Health and Safety at Luxottica North America. In this role, she directly drives environmental, health and safety compliance for over 500 in-house manufacturing lab locations throughout the United States and Canada. Additionally, she serves as an EHS subject matter expert for 5 retail brands, 4 manufacturing plants, and an equipment repair center. Melissa has over 15 years of experience in the EHS field. She holds a Bachelor of Science degree from Xavier University in Biology, and a Master of Science degree from the University of Cincinnati in Environmental Science. She is also a Certified Hazardous Materials Manager (CHMM), and a member of the Alliance of Hazardous Materials. W. Blaine Early, III, Ph.D., J.D., Member, Stites & Harbison PLLC 250 W. Main St., Suite 2300, Lexington, KY 40507 859-226-2284 bearly@stites.com Blaine Early has practiced environmental law at Stites & Harbison, PLLC, for over 20 years. His work with industry includes advice on compliance, permitting, transactions, response to enforcement actions, participation in regulatory development, and related administrative and civil litigation. He works extensively with industry on water pollution issues and permit compliance, including complex stormwater matters. In addition to the environmental statutory programs, he also advises on sustainability and energy matters. He is the current Chair of the Kentucky Chamber’s Energy & Environment Council. He is former Chair of the American Bar Association’s Water Quality and Wetlands Committee of the Section of Environment, Energy & Resources and is a past chair of the Kentucky Bar Association’s Environmental Section. Before law, Blaine was a professor of biology and chair of the biology department at Cumberland College in Williamsburg, Kentucky. He earned a Ph.D. in biology from the University of Louisville, and a J.D. from the University of Kentucky. 1
Biographical Information B. Scott Southall, PLA, LEED AP BD+C, ASLA, AICP, Principal Earthcycle Design, LLC 3168 Arrowhead Dr., Lexington, KY 40503 bsouthall@ecdsite.com B. Scott Southall, PLA, LEED AP BD+C, ASLA, AICP, is a principal with Earthcycle Design, LLC, a landscape architecture, urban planning and community resilience design firm, based in Lexington, Kentucky. He is a professional landscape architect in Kentucky and Ohio, a LEED-accredited professional BD+C with the US Green Building Council (USGBC), and a certified planner with the American Planning Association. Mr. Southall has over 25 years of professional experience in planning, design and project management. He has applied his sustainability design experience on a multitude of projects ranging in magnitude and complexity including: urban and site design for institute and community facilities with an emphasis on education and public outreach pertaining to green infrastructure (GI), low impact development (LID) and sustainable sites. Mr. Southall has presented on an assortment of sustainable practices and topics at statewide, regional and national conferences. In 2008, he shared the State of Kentucky Governor’s Award for Environmental Leadership. In 2009, he received an Environmental Commission Award from Lexington-Fayette Urban County Government for his environmental outreach and sustainable design efforts in Lexington. Mr. Southall graduated from the University of Kentucky with a bachelor of science degree in Landscape Architecture. Currently, he serves as one of 12 sustainable champions for the American Planning Association (APA), serves on the steering committee of Empower Lexington (a climate action plan to reduce CO2), and as treasurer for LFUCG’s Environmental Commission. In March 2017, Mr. Southall completed a three-day Climate Reality Leadership Corps training to become a climate reality leader and served as mentor in October, 2017. He is a past chapter president and trustee of Kentucky ASLA, past Board of Director member for Southeast Stormwater Association (SeSWA), and Market Leadership Advisory Board member (MLAB) for USGBC Kentucky. Mr. Southall is a member of the American Society of Landscape Architects and the American Planning Association. 2
Best Practices & Innovative Storm Water Management to Save Money and Simplify Compliance Workshop Q – 29 th Annual Sustainability & Environmental Health & Safety Symposium March 24, 2020 W. Blaine Early, III B. Scott Southall Member, Stites & Harbison, PLLC earthcycle design, LLC Lexington, KY Lexington, KY
Hydrology Basics and Importance of Stormwater
Hydrologic Cycle
Why Stormwater Is Important • Stormwater may transport pollutants to surface waters • Stormwater is a suspected source of pollutants in many impaired waters • Volume and velocity of stormwater may cause flooding
Development Increases • Potential for types and amounts of pollutants • Volume and velocity of stormwater
An Example from Louisville, August 4, 2009 7” of rain fell between 7:45 am and 9:15 am Photos from Dr. Russ Barnett, University of Louisville
Legal Framework for Regulating Stormwater
Clean Water Act • Federal Water Pollution Control Act (the Clean Water Act) 33 U.S.C. 1251 et seq . prohibits the discharge of pollutants without permit (including Section 1342) • 33 U.S.C. 1342(p) expressly applies to stormwater discharges from municipalities and industrial facilities
Stormwater Defined • “storm water runoff, snow melt runoff, and surface runoff and drainage.” • 401 KAR 5:002 Section 1 (182) (citing 40 C.F.R. 122.26(b)(13)). • storm water “involves runoff from diffuse sources that eventually passes through storm sewer systems and is thus subject to the NPDES permit program.” • NRDC v. EPA, 966 F.2d 1292 (9 th Cir. 1992).
Who is affected? • Industries and Construction sites • Storm Water Pollution Prevention Plan (“SWPPP”) • Best Management Practices • Design Standards • Municipalities • Municipal Separate Storm Sewer Systems (MS4s)
Legal Requirements • Clean Water Act, Section 402 • State‐issued permits ( e.g., KPDES) • Individual Entities • General Permit • Construction • Industrial Activities • Individual Permit • Municipalities • Municipal Separate Storm Sewer Systems (MS4s)
Legal Requirements (continued) • Local Ordinances • May be adopted as part of MS4 permit compliance • Include • Stormwater Ordinance • Flood Prevention and Protection • Best Management Practices and Design Standards • Common Law • Nuisance • Trespass
Municipal Separate Storm Sewer Systems – MS4s • Include roads, streets, curbs, gutters, basins, and storm drains, that collect runoff and are not part of a combined sewer system
Phased System Based on Size • Large MS4 – municipal area with population of 250,000 or more • Medium MS4 – population 100,000 but less than 250,000 • Small MS4 – Population greater than 10,000
MS4 Permit • Generally “requires the permittee to develop a stormwater quality management program that is designed to reduce the discharge of pollutants to the maximum extent practicable. ”
Components of Stormwater Quality Management Program • Public Education, Outreach, Participation, and Learning Objectives • Illicit Discharge Detection and Elimination • Industrial Stormwater Program • Construction Site Storm Water Runoff Control • Post‐Construction Storm Water Management in New Development and Redevelopment • Pollution Prevention/Good Housekeeping for Municipal Operations • Monitor and Control Pollutants in Storm Water Discharges • Program Assessment and Reporting
Multiple Origins of Stormwater Obligations Clean Water Act, Section 402 and Kentucky Implementation of KPDES Permitting KPDES Permit KPDES Permit MS4 Municipality’s MS4 Permit KPDES Permit includes Storm Water Quality Conditions Management Program Compliance Obligations including Ordinance and Guidance Regulated Industry
Costs and Compliance Drive Innovation • Construction Practices • Post‐Construction Requirements • Green Infrastructure Minimums • Stormwater Fees • Credits available to business for reducing stormwater runoff
Stormwater Fees • Based on area of impervious s urface • Equivalent Service Unit (ESU) or Equivalent Residential Unit (ERU) about 2,500 ft. 2 • Charges range $5 to $10 per month/unit • Example of 200,000 ft. 2 facility • 200,000 ÷ 2,500 = 80 units • 80 units x $10/month x 12 = $9,600/year • Credits available, generally up to 50% to 60%
What is Green Infrastructure? • Practices that utilize natural systems, or engineered systems that mimic natural landscapes, to capture, cleanse, and reduce storm water run‐off using plants, soils, and microbes. • Promotes the use of natural systems for infiltration, evapotranspiration, and reuse of storm water
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