Real Science for Real People

Stormwater Regulations

 

By Beth Ravit

 

The Clean Water Act of 1972 has jurisdiction over water quality in rivers, lakes, and estuaries. This legislation has dramatically reduced pollution caused by direct discharges of raw sewage and industrial wastes into surface waters of the U.S. However, non-point source pollutants remain an unsolved problem, and roughly 40% of the surface waters in the U.S., including the Hackensack River, are still not “fishable and swimmable” as mandated by the Clean Water Act. Non-point source pollution is not attributable to a single location. It is the result of runoff from collective sources such as urban streets, construction sites, lawns, and farms. This runoff can include nutrients, pesticides, organic contaminants and silt. NJDEP estimates that 40-70% of our water quality problems today are attributable to stormwater runoff.  To meet the requirements of the Clean Water Act, the State of New Jersey has now embarked on a program to address these non-point sources of pollution, resulting in the publication of new regulations to address stormwater runoff.

Runoff is an important element in the cycling of precipitation back into lakes, rivers, and the ocean. Under natural conditions, approximately 10% of storm water becomes runoff (the rest infiltrates the ground or evaporates). When there is a high level of development, as in urban areas, the amount of runoff generated can be over 50% of the total precipitation. This 5-fold increase occurs because pavement does not allow water to enter the ground. The streets and sidewalks also become conduits to move water rapidly into storm drains, where the amount and rate of water flow is greatly increased. As this increased amount of water flows into our water bodies, it carries with it contaminants that were deposited on our streets, industrial parks, construction sites, and lawns.

Industrialization, over development, and point- and non-point source pollution are major obstacles toward achieving fishable and swimmable rivers, lakes, estuaries and wetlands. The new regulations aim to remedy the situation.

The new State regulations are expected to go into effect this summer (2003), and require municipalities in New Jersey to prepare a Stormwater Pollution Prevention Plan within 1 year. This plan must describe the municipality’s stormwater program and include details for implementing Best Management Practices (BMPs). This requirement supports another new initiative, the proposed Stormwater Management Rule, which requires municipalities to prepare a Municipal Stormwater Management Plan. Key elements of the plan include maps showing water bodies, groundwater recharge areas, well head protection areas, and projected developable land. The plan must calculate the projected impervious surface and non-point source pollutant load at full development, and describe how BMPs will be maintained over the long-term. Performance standards for new development seek to minimize additional negative impacts on existing water quality.  Municipalities are also required to comply with 8 Statewide Basic Requirements within 1 year. These requirements include: 1) Public involvement and participation, 2) Stormwater controls at construction sites, 3) Stormwater management after new or re-development is completed, 4) Public education on stormwater impacts, 5) Prohibition of improper waste disposal, 6) Control of floatable and solid material, 7) Proper maintenance of highway services areas and yards, 8) Employee training.

In a time of tight budgets, many municipal officials are concerned about the cost of these regulations. However, citizens in the wealthiest country in the world deserve water that is plentiful and clean enough to be “fishable and swimmable.”  We are 20 years overdue in meeting the regulations set forth in the Clean Water Act. With participation of concerned citizens across the State, we must find a way to implement the regulations that will take us one step closer in cleaning up our waterways.