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Maryland Settlement Subjects More New Construction Projects to Stringent Individual Storm Water Permits
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June 8, 2009
By Christopher Marraro
Howrey LLP
The Maryland Department of Environment has settled its dispute with the Maryland Waterkeeper Alliance over the state’s storm water permit program for construction projects. The settlement will result in fewer projects being eligible for the general permit issued in October 2008.
As originally issued, the general permit could have been used for sites disturbing 1 acre or more. However, under the settlement, construction projects involving the cumulative disturbance of more than 150 acres must obtain individual storm water discharge permits and may not operate under Maryland's general permit for construction. Further, for sites disturbing 30 acres to 150 acres, MDE will require individual permits if it receives objections supporting a conclusion that applicable technical standards are not sufficient to protect water quality because of site-specific issues.
Maryland's general permit was aimed at reducing storm water runoff associated with new construction activity. Under the general permit program, applicants for storm water permits at new construction sites were not required to submit a time-consuming individual permit but would qualify under the terms of the already issued general permit.
Under the May 21 settlement, many more construction projects will be subject to individual permit requirements, which include long applications, potentially lengthy agency reviews and public hearings.
Also under the settlement, MDE agreed to several new requirements sought by the Waterkeeper relating to adoption of new turbidity standards. MDE committed to adopt numeric standards for turbidity within three months if the U.S. Environmental Protection Agency promulgates a final rule prescribing effluent limitation guidelines. On November 19, EPA published a proposed rule aimed at reducing the discharge of sediment and other pollutants from construction sites through numerical standards.
The settlement agreement also requires greater public review of developers' notices of intent to operate under the general permit and sets conditions that must be met before MDE may approve.
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For more information about the issues covered in this report, please contact Christopher Marraro in our Washington office at 202-383-7006 or at marraroc@howrey.com or contact your Howrey attorney. For more information about Howrey's Construction Practice Group, click here.
©2009 Howrey LLP
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