Problem

Stormwater is a significant threat to water quality in the Commonwealth. When it rains or snow melts, the resulting "stormwater" may be absorbed into the ground or it may "runoff" into a nearby river, lake, or stream. Stormwater runoff increases as the percentage of impervious surface (e.g., parking lots, rooftops, and paved access ways) increases, because the land's ability to absorb water is restricted. In addition to washing pollution into our waterways, uncontrolled stormwater runoff can result in serious soil erosion and flooding. Stormwater pollution can cause toxic algae blooms, destroy other aquatic life and close waterways to recreation.

Uncontrolled stormwater is also a threat to our drinking water supplies. Despite abundant rainfall in recent years, our groundwater supplies for drinking water are faltering (already, 40% of our water supply basins are classified as "stressed"), and streams are drying up because stormwater is prevented from percolating back into the ground. Reduced water quality and quantity could also hamper future development. This pattern is unsustainable from an environmental perspective, a human health perspective and an economic perspective.

New Stormwater Management Program Proposed

In March 2008 MassDEP convened a Stakeholders group to develop a program to address these issues. In January 2009, after a series of Stakeholders meetings, MassDEP proposed a new program, consisting of a Stormwater General Permit (SWGP) with two distinct components:

Statewide, better stormwater management would be required on all privately owned new developments, substantial redevelopments, and existing developments with impervious (e.g. paved) surfaces 5 acres or more. This approach is consistent with stormwater programs in other Northeastern states.

In the Charles River Watershed (and other watersheds where more acute problems resulting from stormwater persist), impervious surfaces 2 acres or more would be included. These properties would be required to meet the statewide good housekeeping and recharge requirements. In the Charles River area, and other areas where EPA requires a 65% reduction in phosphorus, the installation of structural stormwater controls (such as rain gardens or infiltration basins) on existing developed properties may be necessary. However, off-site mitigation and/or applications for a variance is allowed in some instances. EPA has a number of enforcement options involving these properties. EPA can require property owners to obtain federal discharge permits, and citizens can petition EPA to take legal action.

MassDEP is committed to working with EPA to develop a coordinated approach to the proposed statewide general permit and a Charles River Watershed permit. This coordination will ensure that both public and private properties are addressed, and that the rules are clear and transparent.

Promulgation Schedule

May/June

• Stakeholder meetings on major on issues raised during the public comment period and the Stormwater Workbook with compliance tools and resources
• Meetings with interest groups and public officials to brief them on regulations
• BMP cost technical assistance documents available.

Summer

• Release 2nd round of draft regulations for public comment, along with workbook, and if needed, revisions to general permit
• Public hearings

Fall/Early Winter

• Close of Public Comment period and regulations finalized.
• Regulations Promulgated; general permit issued; program starts

Public Comments and Next Steps

MassDEP received over 200 wide-ranging comments about the proposed program. The majority of concerns expressed by private property owners and their representatives focused on three areas: costs, aggregation of commonly managed properties under one permit, and the redevelopment threshold. MassDEP is evaluating these comments and expects to make changes to address key issues. MassDEP will propose a second round of public hearings on those changes this summer. MassDEP is also seeking technical support to examine program costs.