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EPA REGION 6 8 TH ANNUAL MS4 OPERATOR’S CONFERENCE SAN ANTONIO, TEXAS, JUNE 2006 An Introduction to Stormwater Quality Ordinance Writing: Examples from.

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Presentation on theme: "EPA REGION 6 8 TH ANNUAL MS4 OPERATOR’S CONFERENCE SAN ANTONIO, TEXAS, JUNE 2006 An Introduction to Stormwater Quality Ordinance Writing: Examples from."— Presentation transcript:

1 EPA REGION 6 8 TH ANNUAL MS4 OPERATOR’S CONFERENCE SAN ANTONIO, TEXAS, JUNE 2006 An Introduction to Stormwater Quality Ordinance Writing: Examples from the Field MICHAEL F. BLOOM, PE, CFM, CPSWQ, DEE Associate

2 TOPICSTOPICS Ordinance writing processOrdinance writing process Required ordinance componentsRequired ordinance components Flexible vs. inflexible approachesFlexible vs. inflexible approaches Other considerationsOther considerations How to adopt an ordinanceHow to adopt an ordinance Traps and pitfallsTraps and pitfalls Repercussions of poor writingRepercussions of poor writing ReferencesReferences QuestionsQuestions Ordinance writing processOrdinance writing process Required ordinance componentsRequired ordinance components Flexible vs. inflexible approachesFlexible vs. inflexible approaches Other considerationsOther considerations How to adopt an ordinanceHow to adopt an ordinance Traps and pitfallsTraps and pitfalls Repercussions of poor writingRepercussions of poor writing ReferencesReferences QuestionsQuestions

3 ORDINANCE WRITING PROCESS Identify problems and issuesIdentify problems and issues Formulate objectivesFormulate objectives Develop policiesDevelop policies Write ordinanceWrite ordinance Identify problems and issuesIdentify problems and issues Formulate objectivesFormulate objectives Develop policiesDevelop policies Write ordinanceWrite ordinance

4 IDENTIFY PROBLEMS AND ISSUES Clean Water Act complianceClean Water Act compliance Flood damage reductionFlood damage reduction Floodplain managementFloodplain management Open space preservationOpen space preservation Water qualityWater quality Erosion and sediment controlErosion and sediment control Rapid developmentRapid development Operations and maintenanceOperations and maintenance FundingFunding Drainage infrastructure capacity and growthDrainage infrastructure capacity and growth Clean Water Act complianceClean Water Act compliance Flood damage reductionFlood damage reduction Floodplain managementFloodplain management Open space preservationOpen space preservation Water qualityWater quality Erosion and sediment controlErosion and sediment control Rapid developmentRapid development Operations and maintenanceOperations and maintenance FundingFunding Drainage infrastructure capacity and growthDrainage infrastructure capacity and growth

5 FORMULATE OBJECTIVES Purpose:Purpose: –State official government position –Communicate to stakeholders, staff, and elected officials –Provide basis for interpretation of rules –Provide program direction –Identify long term impacts –Identify necessary program changes –Evaluate implementation Format:Format: –Program specific (e.g. separate objectives for floodplain development and illicit discharge control) –Focused Purpose:Purpose: –State official government position –Communicate to stakeholders, staff, and elected officials –Provide basis for interpretation of rules –Provide program direction –Identify long term impacts –Identify necessary program changes –Evaluate implementation Format:Format: –Program specific (e.g. separate objectives for floodplain development and illicit discharge control) –Focused

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7 DEVELOP POLICIES Central to ordinanceCentral to ordinance Describe how to achieve objectivesDescribe how to achieve objectives May require technical analysis to deriveMay require technical analysis to derive Examples:Examples: –Should rules vary from one watershed to another? –Should provisions apply to small or large drainage areas? –Should private concerns operate stormwater facilities? –Who should pay for new infrastructure? –Should utility fees use gross lot size or imperviousness? Central to ordinanceCentral to ordinance Describe how to achieve objectivesDescribe how to achieve objectives May require technical analysis to deriveMay require technical analysis to derive Examples:Examples: –Should rules vary from one watershed to another? –Should provisions apply to small or large drainage areas? –Should private concerns operate stormwater facilities? –Who should pay for new infrastructure? –Should utility fees use gross lot size or imperviousness?

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9 WRITE THE ORDINANCE Policy document NOT a design manualPolicy document NOT a design manual Address “What” and “Why”Address “What” and “Why” Include “How” in other documentsInclude “How” in other documents Policy document NOT a design manualPolicy document NOT a design manual Address “What” and “Why”Address “What” and “Why” Include “How” in other documentsInclude “How” in other documents

10 Participants:Participants: –Engineering, public works, planning, environmental management, legal, and other affected departments –Interest groups and stakeholders –Elected officials –Consultants Use “model” or borrowed ordinances with caution: Objectives and policies may differ!!Use “model” or borrowed ordinances with caution: Objectives and policies may differ!! Participants:Participants: –Engineering, public works, planning, environmental management, legal, and other affected departments –Interest groups and stakeholders –Elected officials –Consultants Use “model” or borrowed ordinances with caution: Objectives and policies may differ!!Use “model” or borrowed ordinances with caution: Objectives and policies may differ!! WRITE THE ORDINANCE

11 ORDINANCE COMPONENTS Legal authorityLegal authority Technical basisTechnical basis Administrative apparatusAdministrative apparatus Enforcement provisionsEnforcement provisions Legal authorityLegal authority Technical basisTechnical basis Administrative apparatusAdministrative apparatus Enforcement provisionsEnforcement provisions

12 LEGAL AUTHORITY Ordinance must follow from political body’s authority under state lawOrdinance must follow from political body’s authority under state law Texas:Texas: –Type A, B, C, or Home Rule Municipality –County (Not Called an Ordinance) Ordinance must follow from political body’s authority under state lawOrdinance must follow from political body’s authority under state law Texas:Texas: –Type A, B, C, or Home Rule Municipality –County (Not Called an Ordinance)

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15 TECHNICAL BASIS Establish clear and measurable performance standardsEstablish clear and measurable performance standards Avoid furnishing detailed design informationAvoid furnishing detailed design information Flexible vs. inflexible?Flexible vs. inflexible? Establish clear and measurable performance standardsEstablish clear and measurable performance standards Avoid furnishing detailed design informationAvoid furnishing detailed design information Flexible vs. inflexible?Flexible vs. inflexible?

16 Source: TECHNICAL BASIS EXAMPLE

17 ADMINSTRATIVE APPARATUS Ordinance must clearly state who is responsible for carrying out municipal actionsOrdinance must clearly state who is responsible for carrying out municipal actions

18 Source: ADMINISTRATOR EXAMPLE

19 ENFORCEMENT PROVISIONS Elements:Elements: –Approvals –Inspections –Penalties Phased enforcementPhased enforcement Elements:Elements: –Approvals –Inspections –Penalties Phased enforcementPhased enforcement

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21 Source: ENFORCEMENT EXAMPLE

22 Source: ENFORCEMENT EXAMPLE

23 ORDINANCE STYLE: FLEXIBLE VS. INFLEXIBLE FlexibleFlexible –State general policies –Implement with judgment –Allows varied interpretations –Allows for creative solutions –Seeks “best” solutions for site issues InflexibleInflexible –Very specific technical requirements –Includes specific administrative requirements –Implement standard solutions –“One size fits all” approach FlexibleFlexible –State general policies –Implement with judgment –Allows varied interpretations –Allows for creative solutions –Seeks “best” solutions for site issues InflexibleInflexible –Very specific technical requirements –Includes specific administrative requirements –Implement standard solutions –“One size fits all” approach

24 FLEXIBLE ORDINANCE EXAMPLE New Development: New developments that include an increase in imperviousness shall include permanent stormwater management features which reduce the discharge of pollutants to the maximum extent practical.

25 INFLEXIBLE ORDINANCE EXAMPLE New Development: New developments that include an increase in imperviousness of more than 1 acre shall include onsite stormwater management facilities which capture the first 0.5 inches of runoff and release that volume over a 24 hour period.

26 ORDINANCE STYLE: FLEXIBLE VS. INFLEXIBLE FlexibleFlexible –Increases technical analysis requirements –Increases engineering costs –Increase staff qualifications and size –May be perceived as unfair –Little consistency –Increased O&M diversity InflexibleInflexible –Forces conformity and consistency –May yield inappropriate solutions –Reduced staff size and qualifications –Simpler “cook-book” engineering FlexibleFlexible –Increases technical analysis requirements –Increases engineering costs –Increase staff qualifications and size –May be perceived as unfair –Little consistency –Increased O&M diversity InflexibleInflexible –Forces conformity and consistency –May yield inappropriate solutions –Reduced staff size and qualifications –Simpler “cook-book” engineering

27 HOW TO ADOPT? Source:

28 TRAPS AND PITFALLS Ordinance first, policies secondOrdinance first, policies second I can write this myself!I can write this myself! The developers and property owners won’t mindThe developers and property owners won’t mind Adopt quickly for compliance reasonsAdopt quickly for compliance reasons This ordinance from Timbuktu will work!This ordinance from Timbuktu will work! Ordinance first, policies secondOrdinance first, policies second I can write this myself!I can write this myself! The developers and property owners won’t mindThe developers and property owners won’t mind Adopt quickly for compliance reasonsAdopt quickly for compliance reasons This ordinance from Timbuktu will work!This ordinance from Timbuktu will work!

29 REPERCUSSIONS OF POOR ORDINANCE WRITING Frequent revisions neededFrequent revisions needed Eroded public confidenceEroded public confidence Eroded political supportEroded political support Unanticipated consequencesUnanticipated consequences Frequent revisions neededFrequent revisions needed Eroded public confidenceEroded public confidence Eroded political supportEroded political support Unanticipated consequencesUnanticipated consequences

30 SELECTED REFERENCES City of Fredericksburg: City of Fort Worth: North Central Texas COG: City of Arlington: ter.html ter.html EPA Illicit Discharges: City of Houston, Harris County, Harris County Flood Control District, TxDOT Houston District: (Click on Construction, Development, or Industrial to view downloads) City of Carrollton: Texas Statutes: City of Fredericksburg: City of Fort Worth: North Central Texas COG: City of Arlington: ter.html ter.html EPA Illicit Discharges: City of Houston, Harris County, Harris County Flood Control District, TxDOT Houston District: (Click on Construction, Development, or Industrial to view downloads) City of Carrollton: Texas Statutes:

31 EPA REGION 6 8 TH ANNUAL MS4 OPERATOR’S CONFERENCE SAN ANTONIO, TEXAS, JUNE 2006 QUESTIONS? MICHAEL F. BLOOM, PE, CFM, CPSWQ, DEE Associate EPA REGION 6 8 TH ANNUAL MS4 OPERATOR’S CONFERENCE SAN ANTONIO, TEXAS, JUNE 2006 QUESTIONS? MICHAEL F. BLOOM, PE, CFM, CPSWQ, DEE Associate


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