Workshop Q Best Practices & Innovative Storm Water Management - - PDF document

Workshop Q

Best Practices & Innovative Storm Water Management to Save Money & Simplify Compliance

Tuesday, March 24, 2020 2 p.m. to 3:15 p.m.

1

Biographical Information

Symposium Planning Committee Facilitator Melissa Olberding, CHMM Manager, Environmental Health & Safety – Luxottica North America 4000 Luxottica Place, Mason, OH 45040 Phone: 513-765-4311 MOlberding@LuxotticaRetail.com Melissa Olberding serves as Manager, Environmental Health and Safety at Luxottica North America. In this role, she directly drives environmental, health and safety compliance for over 500 in-house manufacturing lab locations throughout the United States and Canada. Additionally, she serves as an EHS subject matter expert for 5 retail brands, 4 manufacturing plants, and an equipment repair center. Melissa has over 15 years of experience in the EHS field. She holds a Bachelor of Science degree from Xavier University in Biology, and a Master of Science degree from the University of Cincinnati in Environmental Science. She is also a Certified Hazardous Materials Manager (CHMM), and a member of the Alliance of Hazardous Materials.

• W. Blaine Early, III, Ph.D., J.D., Member, Stites & Harbison PLLC

250 W. Main St., Suite 2300, Lexington, KY 40507 859-226-2284 bearly@stites.com Blaine Early has practiced environmental law at Stites & Harbison, PLLC, for over 20

• years. His work with industry includes advice on compliance, permitting, transactions,

response to enforcement actions, participation in regulatory development, and related administrative and civil litigation. He works extensively with industry on water pollution issues and permit compliance, including complex stormwater matters. In addition to the environmental statutory programs, he also advises on sustainability and energy matters. He is the current Chair of the Kentucky Chamber’s Energy & Environment Council. He is former Chair of the American Bar Association’s Water Quality and Wetlands Committee

• f the Section of Environment, Energy & Resources and is a past chair of the Kentucky

Bar Association’s Environmental Section. Before law, Blaine was a professor of biology and chair of the biology department at Cumberland College in Williamsburg, Kentucky. He earned a Ph.D. in biology from the University of Louisville, and a J.D. from the University of Kentucky.

2

Biographical Information

• B. Scott Southall, PLA, LEED AP BD+C, ASLA, AICP, Principal

Earthcycle Design, LLC 3168 Arrowhead Dr., Lexington, KY 40503 bsouthall@ecdsite.com

• B. Scott Southall, PLA, LEED AP BD+C, ASLA, AICP, is a principal with Earthcycle

Design, LLC, a landscape architecture, urban planning and community resilience design firm, based in Lexington, Kentucky. He is a professional landscape architect in Kentucky and Ohio, a LEED-accredited professional BD+C with the US Green Building Council (USGBC), and a certified planner with the American Planning Association. Mr. Southall has over 25 years of professional experience in planning, design and project

• management. He has applied his sustainability design experience on a multitude of

projects ranging in magnitude and complexity including: urban and site design for institute and community facilities with an emphasis on education and public outreach pertaining to green infrastructure (GI), low impact development (LID) and sustainable sites. Mr. Southall has presented on an assortment of sustainable practices and topics at statewide, regional and national conferences. In 2008, he shared the State of Kentucky Governor’s Award for Environmental Leadership. In 2009, he received an Environmental Commission Award from Lexington-Fayette Urban County Government for his environmental outreach and sustainable design efforts in Lexington. Mr. Southall graduated from the University of Kentucky with a bachelor of science degree in Landscape Architecture. Currently, he serves as one of 12 sustainable champions for the American Planning Association (APA), serves on the steering committee of Empower Lexington (a climate action plan to reduce CO2), and as treasurer for LFUCG’s Environmental Commission. In March 2017, Mr. Southall completed a three-day Climate Reality Leadership Corps training to become a climate reality leader and served as mentor in October, 2017. He is a past chapter president and trustee of Kentucky ASLA, past Board of Director member for Southeast Stormwater Association (SeSWA), and Market Leadership Advisory Board member (MLAB) for USGBC Kentucky. Mr. Southall is a member of the American Society of Landscape Architects and the American Planning Association.

Best Practices & Innovative Storm Water Management to Save Money and Simplify Compliance

Workshop Q – 29th Annual Sustainability & Environmental Health & Safety Symposium March 24, 2020

• W. Blaine Early, III

Member, Stites & Harbison, PLLC Lexington, KY

• B. Scott Southall

earthcycle design, LLC Lexington, KY

Hydrology Basics and Importance

• f Stormwater

Hydrologic Cycle

Why Stormwater Is Important

• Stormwater may transport pollutants

to surface waters

• Stormwater is a suspected source of

pollutants in many impaired waters

• Volume and velocity of stormwater may

cause flooding

Development Increases

• Potential for types and amounts of

pollutants

• Volume and velocity of stormwater

An Example from Louisville, August 4, 2009

7” of rain fell between 7:45 am and 9:15 am

Photos from Dr. Russ Barnett, University of Louisville

Legal Framework for Regulating Stormwater

Clean Water Act

• Federal Water Pollution Control Act (the

Clean Water Act) 33 U.S.C. 1251 et seq. prohibits the discharge of pollutants without permit (including Section 1342)

• 33 U.S.C. 1342(p) expressly applies to

stormwater discharges from municipalities and industrial facilities

Stormwater Defined

• “storm water runoff, snow melt runoff,

and surface runoff and drainage.”

• 401 KAR 5:002 Section 1 (182) (citing 40 C.F.R. 122.26(b)(13)).
• storm water “involves runoff from

diffuse sources that eventually passes through storm sewer systems and is thus subject to the NPDES permit program.”

• NRDC v. EPA, 966 F.2d 1292 (9th Cir. 1992).

Who is affected?

• Industries and Construction sites
• Storm Water Pollution Prevention Plan

(“SWPPP”)

• Best Management Practices
• Design Standards
• Municipalities
• Municipal Separate Storm Sewer Systems (MS4s)

Legal Requirements

• Clean Water Act, Section 402
• State‐issued permits (e.g., KPDES)
• Individual Entities
• General Permit
• Construction
• Industrial Activities
• Individual Permit
• Municipalities
• Municipal Separate Storm Sewer Systems (MS4s)

Legal Requirements (continued)

• Local Ordinances
• May be adopted as part
• f MS4 permit compliance
• Include
• Stormwater Ordinance
• Flood Prevention and Protection
• Best Management Practices

and Design Standards

• Common Law
• Nuisance
• Trespass

Municipal Separate Storm Sewer Systems – MS4s

• Include roads,

streets, curbs, gutters, basins, and storm drains, that collect runoff and are not part of a combined sewer system

Phased System Based on Size

• Large MS4 – municipal area with

population of 250,000 or more

• Medium MS4 – population 100,000 but

less than 250,000

• Small MS4 – Population greater than

10,000

MS4 Permit

• Generally “requires the permittee to

develop a stormwater quality management program that is designed to reduce the discharge of pollutants to the maximum extent practicable.”

Components of Stormwater Quality Management Program

• Public Education, Outreach, Participation, and

Learning Objectives

• Illicit Discharge Detection and Elimination
• Industrial Stormwater Program
• Construction Site Storm Water Runoff Control
• Post‐Construction Storm Water Management in New

Development and Redevelopment

• Pollution Prevention/Good Housekeeping

for Municipal Operations

• Monitor and Control Pollutants in Storm Water Discharges
• Program Assessment and Reporting

Clean Water Act, Section 402 and Kentucky Implementation of KPDES Permitting Municipality’s MS4 Permit includes Storm Water Quality Management Program KPDES Permit Conditions Regulated Industry

Multiple Origins of Stormwater Obligations

Compliance Obligations including Ordinance and Guidance KPDES Permit KPDES Permit MS4

Costs and Compliance Drive Innovation

• Construction Practices
• Post‐Construction Requirements
• Green Infrastructure Minimums
• Stormwater Fees
• Credits available to business for reducing

stormwater runoff

Stormwater Fees

• Based on area of impervious surface
• Equivalent Service Unit (ESU) or

Equivalent Residential Unit (ERU) about 2,500 ft.2

• Charges range $5 to $10 per month/unit
• Example of 200,000 ft.2 facility
• 200,000 ÷ 2,500 = 80 units
• 80 units x $10/month x 12 = $9,600/year
• Credits available, generally up to

50% to 60%

What is Green Infrastructure?

• Practices that utilize natural systems, or

engineered systems that mimic natural landscapes, to capture, cleanse, and reduce storm water run‐off using plants, soils, and microbes.

• Promotes the use of natural systems for

infiltration, evapotranspiration, and reuse of storm water

Stormwater Management for Industrial Applications

• Why should we manage stormwater runoff?
• What are the sources of potential

stormwater runoff pollution?

• What are the cost of managing runoff – 1st

cost vs. life cycle cost.

• What are the potential benefits of smart

stormwater management? – compliance, resiliency, dynamic #onewater

Stormwater Management for Industrial Applications

Why should we manage stormwater runoff?

Stormwater Management: Quantity/Quality Nexus

Increased concern about degrading water quality caused by :

• Sediments
• Metals
• Oils
• Pathogens
• Organics
• Impervious area
• Thermal
• TSS
• Point source

Waterways impacted by increased quantity and decreased quality of runoff as evidenced by:

• Increased flooding (Climate Change)
• Designated land use impairment
• Decreased biodiversity
• Heat Island
• Aesthetic and quality of life issues
• Bank failure
• Land loss
• Muddy streams
• Vegetation depletion
• Increase cost – 1st cost & Life‐Cycle
• Lost resource

Why should we be concerned?

• Flooding
• (structure & infrastructure)
• Property value
• Sewer overflows
• Liabilities
• Loss of life
• Property Damage
• Professional exposure
• Future Impacts
• Others?

Why should we be concerned?

There have been seven 1,000‐year flood events in the U.S. since May of 2010

Lexington, Ky April 2‐3, 2015

LFUCG Stormwater Manual 100 yr. / 24 hr. – 6.81’’ (2016)

• Add your first bullet point here
• Add your second bullet point here
• Add your third bullet point here

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Why should we be concerned?

Stormwater Management for Industrial Applications

• Why should we manage stormwater runoff?
• What are the sources of potential

stormwater runoff pollution?

• What are the cost of managing runoff – 1st

cost vs. life cycle cost.

• What are the potential benefits of smart

stormwater management? – building resilience #onewater

Stormwater Management for Industrial Applications

• What are the sources of potential

stormwater runoff pollution?

• Geographic location
• Topography
• Hydrogeology
• Soil type
• Rainfall – storm events
• Impervious surfaces
• Groundcover
• Outdoor operations

Stormwater Management for Industrial Applications

• Why should we manage stormwater runoff?
• What are the sources of potential

stormwater runoff pollution?

• What are the cost of managing runoff – 1st

cost vs. life cycle cost.

• What are the potential benefits of smart

stormwater management? – building resilience #onewater

Silo Approach:

Rigid, Linear, Static

Stormwater Management

Silo Approach:

Rigid, Linear, Static

Stormwater Management

Silo Approach:

Rigid, Linear, Static

Stormwater Management

Systems Approach:

Flexible, Holistic, Dynamic

Stormwater Management

Systems Approach:

Flexible, Holistic, Dynamic

NYC Green Infrastructure Plan Plan to capture 10% runoff from impervious surfaces in CSO areas Green infrastructure estimated cost of $1.5 billion versus grey estimate of $3.9 billion Green estimated 1.5 billion gallons per year reduction in CSO

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Stormwater Management Case Study:

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Stormwater Management Case Study:

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$250 million increased tax revenue $900 million in nearby rehab projects $2 billion in new economic activity

Stormwater Management Case Study:

Reduction in Heat Island Effect

Benefits of Green Infrastructure: Energy:

Stormwater Management Case Study:

Reduction in Heat Island Effect

Benefits of Green Infrastructure: Energy:

Stormwater Management Case Study:

Lexington Urban Tree Canopy Study

Stormwater Management Case Study:

Stormwater Management Case Study:

Stormwater Management Case Study:

$$$$$$$$$$$$

1st cost vs. life‐cycle cost

Stormwater Management for Industrial Applications

• 1st cost
• Soft cost (30%) – planning, design, fees
• Hard cost (70%):
• Land
• Structure
• Infrastructure

Stormwater Management for Industrial Applications

• 1st cost
• Soft cost (30%) – planning, design, fees
• Hard cost (70%):
• Land
• Structure
• Infrastructure
• Life‐cycle cost analysis (LCCA)
• Maintenance & Operations
• Replacement Cost
• Stormwater Utility Fees

Stormwater Management for Industrial Applications

• Total Cost of Ownership Management
• Whole Life Cost
• Whole Building Design Guide (WBDG)
• www.wbdg.org
• Ratio of first cost vs. life‐cycle cost
• First cost – 13%‐15% but as low as 9%
• O&M – 87%‐85% but as high as 93%

Stormwater Management for Industrial Applications

• 1st cost
• Geographic location
• Topography
• Hydrogeology
• Soil type
• Rainfall – storm events
• Impervious surfaces
• Groundcover
• Outdoor operations

The hidden cost of pavement:

• Balance between too little pavement & too much pavement
• Key for businesses: More foot traffic in the door
• Each parking space: initial cost + O&M cost = life‐cycle cost

Table Source: Victoria Transport Policy Institute – www.vtpi.org

Stormwater Management for Industrial Applications

The hidden cost of pavement:

• Tangible cost of parking = $535/space/year
• Land Cost
• Construction Cost
• Resealing
• Repairs/Maintenance
• Snow Removal
• Sweeping/Cleaning
• Plus ERU Fee $55.56/ERU/year or $5.50/space/year

Table Source: Victoria Transport Policy Institute – www.vtpi.org

Stormwater Management for Industrial Applications

The hidden cost of pavement:

• (In)tangible or indirect cost of parking:
• Heat Island Impact
• Curb appeal
• Environmental (resealing)
• Stormwater fees
• Property Value – decrease
• Improve Air Quality
• Reduce Salt use
• Reduce carbon emissions

Stormwater Management for Industrial Applications

• Minimize disturbance – protect native soil
• Minimal footprint – increase density – vertical development
• Manage runoff on‐site instead of routing off
• Less to pass downstream = less infrastructure = less $$$$
• Remember – water is a resource, why not keep it?
• Natural treatment train
• A sponge won’t work if it’s in a baggie
• Water quality, quantity, and peak control
• Improve all aspects with less

“Waste is a Human concept” William McDonough

• Connection between land development & water quality

Leapfrogging – “Less is More”

Stormwater Management for Industrial Applications

• Why should we manage stormwater runoff?
• What are the sources of potential

stormwater runoff pollution?

• What are the cost of managing runoff – 1st

cost vs. life cycle cost.

• What are the potential benefits of smart

stormwater management? – building resilience #onewater

Stormwater Management for Industrial Applications

Stormwater Management for Industrial Applications

What are the potential benefits of smart stormwater management? – #onewater

Drinking Water Wastewater Stormwater

Stormwater Management for Industrial Applications

What are the potential benefits of smart stormwater management? – #onewater

Stormwater Management for Industrial Applications

What are the potential benefits of smart stormwater management? – #onewater

Green Infrastructure:

Rain Gardens

Winton Woods Park, Hamilton County, Ohio University of Kentucky Arboretum and Botanical Garden Eastern Kentucky University Model Laboratory School Richmond, Kentucky

Tree / Planter Boxes

Grass Swales

Dry Well Structures – portion of yard

Dry Wells Structure – whole yard

LID Integrated Management Practices