The International Erosion Control Association (IECA) has stated its opposition to H.R. 5558, the Storm Water Enforcement and Permitting Act of 2006, a bill that seeks to amend the Federal Water Pollution Control Act with regards to permitting and enforcement for residential construction activity. The IECA argues that this bill will cause difficulties for storm water regulators and lead to a degradation of water quality in the U.S.
"IECA supports streamlining of the permitting process, but in its current form this bill could pose a serious threat to our environment," said John Peterson, CPESC, president and CEO of KEMPS Consultants, Inc. and chair of the IECA Government Relations Committee. "The changes to the law that are being proposed by the bill could make enforcement of storm water regulations on residential sites nearly impossible. It also doesn't address commercial development sites."
The IECA believes there are three major issues of concern: the transferring of establishment and enforcement of storm water regulations from the federal government to the state; the proposal that the first violation on a residential site go unpunished; and the elimination of permits for some sites, including those with a "minimum potential for soil erosion."
Because states enforce the National Pollutant Discharge Elimination System (NPDES) differently, IECA is concerned that Section 4 of this bill strips the U.S. EPA's authority to force NPDES compliance in states that do not enforce the current regulations. For states that do enforce compliance, funding for storm water programs will become more of a concern if H.R. 5558 is approved. Under this proposal, states that issue storm water permits will be prohibited from receiving any of the money paid to the federal government for penalties or fines.
"This is the equivalent of an unfunded mandate," Peterson said. "We are asking states to provide the manpower and resources and then giving all the money to the federal government. At some point, states won't be able to afford to enforce the law."
The act of enforcement also will become more challenging. The bill proposes that permit violators be given the opportunity to correct a problem before initiation of enforcement begins. Once a violation is identified, the storm water permit administrator may "reasonably request" corrective action.
With decreased funding for enforcement, the lack of initial enforcement increases the chances that developers who violate their permits will not be caught or fined. IECA also believes this will jeopardize water quality.
IECA is also concerned that H.R. 5558 would allow the developers to bypass the permit process on sites that discharge storm water to Municipal Separate Storm Water Sewer Systems (MS4) and for sites that are determined to have a "minimal potential for soil erosion."
