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Regulatory Developments Affecting Southwest
Washington
Land Use in Southwestern WashingtonLaw Seminars International
Vancouver, WAFebruary 11, 2008
Bill Moore P.E.Department of Ecology
Regulatory Developments Affecting Southwest
Washington
Water Supply – Water Rights and In-stream Flows
Climate Change Federal Clean Water Act and Water
Quality
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
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
Water Quality
§401 Water Quality Certifications §303(d) listed waters and Total
Maximum Daily Loads (TMDLs) Waste Water Discharge Permits
Water Quality - Permits
Industrial Stormwater General Permit Construction Stormwater General
Permit Municipal Stormwater Permits – Issued
January 2007 Phase I Phase II
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
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.
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
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)
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
Regulatory Developments Affecting Southwest
Washington
Land Use in Southwestern WashingtonLaw Seminars International
Vancouver, WAFebruary 11, 2008
Bill Moore P.E.Department of Ecology