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Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill Moore P.E. Department of Ecology

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Page 1: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Regulatory Developments Affecting Southwest

Washington

Land Use in Southwestern WashingtonLaw Seminars International

Vancouver, WAFebruary 11, 2008

Bill Moore P.E.Department of Ecology

Page 2: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Regulatory Developments Affecting Southwest

Washington

Water Supply – Water Rights and In-stream Flows

Climate Change Federal Clean Water Act and Water

Quality

Page 3: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Water Supply

Working with Lower Columbia Fish Recovery Board

Local elected officials and key stakeholder groupsAdopted watershed plans under RCW 90.82

Set numeric flows in rivers, protect tributaries Water for Growth will need to come from deep

aquifers

Page 4: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Climate Change

Significant implications for ESA and CWA compliance

Will stress the system for fish recovery, temperature and stream flows

Likely see reduced snow pack, lower stream flows and higher temp in late summer and fall

Potential for more intense storms and flooding

Page 5: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Water Quality

§401 Water Quality Certifications §303(d) listed waters and Total

Maximum Daily Loads (TMDLs) Waste Water Discharge Permits

Page 6: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Water Quality - Permits

Industrial Stormwater General Permit Construction Stormwater General

Permit Municipal Stormwater Permits – Issued

January 2007 Phase I Phase II

Page 7: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Municipal Stormwater Permits

Phase I – All of Unincorporated Clark County

Phase II – Cities of Kelso, Longview, Battleground,

Vancouver, Camas and Washougal Areas of Unincorporated Cowlitz County

around Longview and Kelso

Page 8: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Municipal Stormwater Permits

The Permits regulate discharges from municipal separate storm sewer systems by requiring the control of discharges into municipal separate storm sewer systems.

Page 9: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Municipal Stormwater Permits

Adoption of Local Ordinances - Timing Phase I (Unincorporated Clark County) – August

2008 Phase II (All others) – August 2009

Local Ordinances – Content Prohibit non-stormwater discharges into the storm sewer Control construction site stormwater runoff Stormwater runoff from new development and re-

development

Page 10: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Municipal Stormwater Permits

New Development & Re-Development – biggest issue: Flow Control

Objective is to protect and restore stream hydrology Require post-development runoff rates match pre-

developed runoff rates using hydrology model (WWHM)

Larger stormwater ponds Flexibility in meeting the flow control objective – low

impact development (LID) techniques, regional facilities, regionally calibrated model(s)

Page 11: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Municipal Stormwater Permits

Municipal Stormwater Permit Appeals Permits are in effect Significant permit appeal issues

Re-development flow control standard Low impact development requirements One acre threshold in the phase II

permit Geographic scope of the phase II permit

Page 12: Regulatory Developments Affecting Southwest Washington Land Use in Southwestern Washington Law Seminars International Vancouver, WA February 11, 2008 Bill

Regulatory Developments Affecting Southwest

Washington

Land Use in Southwestern WashingtonLaw Seminars International

Vancouver, WAFebruary 11, 2008

Bill Moore P.E.Department of Ecology