EPA is working to prevent construction runoff from polluting our waters.  They announced plans to initiate national rulemaking to develop a program to minimize stormwater runoff from new development and redevelopment.  Sediment is the primary pollutant running off construction sites and polluting adjacent streams, but other pollutants can quite feasibly be included in the runoff.  Proper installation and maintenance of best management practices (BMPs) can keep runoff onsite during most rain events.  The EPA and states already have rules addressing construction sites, but this proposal will expand those rules and establish specific requirements for stormwater control.  They also intend to ensure consistency and analyze mechanisms to protect “sensitive areas.”  Five hearings across the country are being held to gather public input.  Unfortunately none of these hearings are being held in the southeast.  To learn more about this rulemaking process go to EPA’s stormwater website.

Last year EPA proposed some changes to the construction stormwater rules, referred to as effluent guidelines.  Overall, TCWN was supportive of more stringent requirements and assurances to protect our water quality.  The most discussed draft language was a numeric turbidity limit of 13 NTU.  I won’t bore you with too much explanation of what NTU means, but put simply it measures the clarity of water.  And 13 NTU is pretty clear water.  However, in the final rules issued last month, EPA upped the numeric limit to 280 NTU… quite a change.  As you can guess, 280 NTU isn’t nearly as clear as 13 NTU. 

Another big change was the application of these requirements to 20 acres and eventually 10 acres rather than larger sites, which was initially proposed.  This is good news.  There will most likely be challenges to these rules in the near future – perhaps from both sides.  For now, feel free to check out these new rules here.

On this blog we’ve talked about the rumors of greater enforcement actions (see October 15 and August 5 posts). Now the Obama Administration has put their money where there mouth is and followed up.

What does this mean for Tennesseans? Well, we’re not being left out.  EPA issued a demand letter to the Knoxville Utility Board for illicit discharges (illegal dumping) of sewage from 2005-2008.  These dates are for the years immediately following our lawsuit.

Then yesterday we found out about an enforcement action EPA took against a developer for guess what?  Stormwater runoff to the tune of $350,000!  That is freakin’ huge!

Finally, we’re getting some relief!

Yesterday we went back out to Rarity Ridge to ensure they followed through with their sediment control requirements.  I must say, in the past year we have been out to this site numerous times and it has never been this well maintained.  Don’t get me wrong, it is far from perfect.  There are still several failing sediment control measures, dirt in the streeet, and other issues.  But check this out: 

We received a response from TDEC addressing the complaint (and attached photo documentation) we sent about violations at the Rarity Ridge site in Oak Ridge.  Click here to read the response.  We appreciate TDEC’s quick follow up and inspection at the site.  We also appreciate their enforcement against the upstream contributor to sediment in Roberts Branch.  However, we think more action should have been taken to clear the streets and storm drains of months and months of collected sediment.  This site operator has been informed on more than 4 occasions about violations at the development.  Hopefully this site has taken the necessary steps to prevent dirt from entering our waters.  To make sure, we’ll get back out there soon and let you know what we find!