Supporting Communities Responding to New Stormwater Regulations

a group works with Amanda Ryan from UConn Extension on municipal stormwater regulations or MS4UConn Extension’s Nonpoint Education for Municipal Officials (NEMO) program is a national leader in developing innovative approaches to help communities address water quality issues. NEMO has been working directly with Connecticut municipalities for 26 years, won multiple national awards, and inspired a national network of sister programs in 33 states. Over the past year, the program has undertaken an innovative new role, as NEMO has become an advisor, helper and cheerleader for the 121 municipalities in the state charged with meeting stringent new stormwater regulations.

In 2017 a new statewide regulation under the Clean Water Act went into effect that significantly changed the way municipalities and state and federal institutions must manage stormwater runoff. The long-awaited update to the State’s Municipal Separate Storm Sewer System (MS4) General Permit is more targeted, specific and extensive than the previous permit, placing a great deal more responsibility on municipalities to reduce the amount of pollution entering waterways via local storm drain systems. Many municipalities were overwhelmed by the challenge of learning, planning, and budgeting for the new stormwater control measures, particularly in the midst of increasingly strained local funds.

In an effort to lessen that burden on towns, the Connecticut Department of Energy and Environmental Protection (DEEP) entered into a unique partnership with the NEMO program, part of the Center for Land Use Education and Research, or CLEAR – a university center based out of Extension and the Department of Natural Resources and the Environment. DEEP is providing support to NEMO through a grant to create and implement a multifaceted assistance program for MS4 towns and institutions throughout the five-year term of the new regulation. The NEMO program hired a new Municipal Stormwater Educator, Amanda Ryan, as a “circuit rider” available to work with any towns or institutions to explain the new requirements and how they can go about complying with them.

This nationally unique approach of providing outreach in partnership with Extension to lessen the burden of complex new regulations appears to be paying off. Last year all of the 121 regulated municipalities submitted their permit registration within the first 6 months of the effective date of the regulation, that was much quicker than under the previous permit without NEMO support for communities. As DEEP staff put it, “When we originally issued the MS4 permit in 2004 it took over 2 years to get all the towns registered. We also issued over two dozen Notices of Violation in 2006 and three Consent Orders in 2008 for towns that either hadn’t completed the registration process (it was a two-step process back then) or hadn’t submitted any annual reports or both. Needless to say, this time around has shown much better success. Frankly, our success in getting such good compliance this time around has to do with you folks (NEMO).” This program has also saved DEEP staff time answering individual questions from towns and enabled the development and dissemination of guidance on some of the murkier permit requirements, two roles that NEMO has taken on in this first year.

From the towns’ perspective, the templates and tools NEMO developed saved them the time and expense of developing those on their own and/or hiring consultants to develop them. NEMO also developed a new MS4 map viewer (http://s.uconn.edu/ctms4map) that will help the towns prioritize where to focus their efforts to most effectively impact water quality. The map viewer identifies water bodies considered impaired by stormwater runoff and areas of high impervious cover. In addition, the towns now have an alternate source to consult for advice on complying with the permit, rather than ask those who are also responsible for judging their compliance with the MS4 permit.

As one town put it, “I would like to thank the Center for Land Use Education And Research (CLEAR) for the assistance it has provided to the Town of East Hartford and other communities in the State with the MS4 program. The information and assistance provided by CLEAR has enabled our Town to save precious resources while complying with the requirements of the MS4 Permit.” – Warren Disbrow, Assistant Town Engineer, East Hartford, CT

The effort is also showing ancillary benefits to the state. One of the data layers in the MS4 map viewer is a new statewide high resolution impervious cover data layer acquired by NEMO to help communities identify high impervious cover areas. A geospatial expert at Esri, the primary GIS software company, found the new layer and combined it with parcel and address data to create a new statewide building address layer. The state Office of Policy and Management (OPM) reports that the new layer saved the state more than $500,000 to acquire on their own.

While just over a year in to this 5-year partnership, the initial results suggest a potentially efficient and cost effective new model for states to launch and manage new environmental regulations. For a small investment, this approach makes it easier for MS4 communities to meet more stormwater requirements and results in a higher level of compliance – not to mention the additional environmental benefits of improving stormwater management practices across the state.

Article by Amanda Ryan, Dave Dickson, and Chet Arnold