S.W.I.M. Coalition

It’s the new year!  We hope you will take a break from hibernating long enough to check in with us at our next meeting.

January  S.W.I.M. Public Meeting
Thursday January 26th, 3:o0 to 5:00PM

Banquet Hall at World’s Fair Marina, 125-00 Northern Boulevard, off the Grand Central Parkway, Flushing Bay, Queens.

We will have a presentation from the Empire Dragon Boat Team as well as an update on the Stormwater Rule.  And, bring ideas for what you would like S.W.I.M. to focus on in 2012!

You are invited
A forum to discuss green infrastructure
– sharing successes and challenges

Tuesday, February 7, 2012 from 10:00am-12:30pm
EPA’s forum will be held during the New York Water Environment Association’s 84^th Annual Meeting
New York Marriott Marquis
1535 Broadway, New York, NY

Speakers include:
Matt Millea, Deputy County Executive, Onondaga County, New York
“Save the Rain: The Onondaga County/Syracuse Model”

Mike Borst and Tom O’Connor  - EPA’s Office of Research and Development
“Green infrastructure: pollution/volume reduction potential; implementation and installation: Capital and O&M costs

Moderated by Anita Thompkins, Chief of EPA Region 2’s
Drinking Water and Municipal Infrastructure Branch

Please RSVP to Ms. Delores Wilson
wilson.delores@epa.gov
212-637-3882

Happy new year to everyone!

DEP published its Final Stormwater Rule on January 4th. You can read the final rule here (go to page 15).  Folks at the SWIM Central are reviewing the Rule and will share their analysis as soon as possible.  It looks as though the DEP did make some useful improvements from the draft around the margins.  Unfortunately it is still fundamentally a detention requirement but retention credits toward compliance seems to be improved.  DEP also shared written comments submitted on the Rule.

In a letter to Larry Levine of NRDC, Commissioner Strickland promises that DEP will evaluate potential improvements to the rule annually and will convene a technical peer review committee to advise on the city’s overall green infrastructure program.  Additionally, in the introduction of the Final Rule, you will find the following statement:

“Federal and State regulation of the City’s separate sewer areas also continues to become more stringent, and the City expects new Municipal Separate Storm Sewer Systems (MS4) requirements to be published within the next year. Accordingly, the City will revisit this stormwater rule once MS4 obligations are settled in order to add any new stormwater requirements for separately sewered areas. At that time the City will also review how well stormwater controls are working in combined sewer areas.”

We encourage our members to continue to monitor DEP’s progress and its commitment.  We will certainly be sharing our findings and comments throughout this process!

Happy Holidays from the SWIM central!

But before you go for that eggnog, here are some updates.

Philadelphia’s CSO Consent Order Implementation Plan

Philly’s draft implementation plan is now posted at www.phillywatersheds.org/greencitycleanwaters, in the documents section of the page under the heading “Consent Order and Agreement Required Deliverables.”  Although Philly is still figuring many things out as they go, we encourage you to review Philly’s write-up to find any ideas or lessons to apply in NYC.

EPA’s Integrated Planning for Waste- and Storm-Water Management

Recognizing the slow economic recovery and the limited resources faced by states and municipalities, the EPA has initiated the “Integrated Planning” process, which will allow municipalities to identify cost-effective solutions and to implement the most critical projects first, rather than approaching each Clean Water Act requirements separately.  Such an approach, developed in negotiation with the state agency and municipalities, will ensure that municipalities “maximize their infrastructure dollars through the appropriate sequencing of work.”   In addition, the EPA is encouraging the use of Green Infrastructure through this Integrated Planning process.

You can read the testimony submitted by the DEP Commissioner, Carter Strickland, here.

Have a happy and safe holiday season to all you swimmers out there!

At the December meeting of the DEP’s Green Infrastructure Steering Committee meeting, we learned Angela Licata has been appointed Deputy Commissioner for the Division of Green Infrastructure, the post formerly held by the now Commissioner, Carter Strickland. Congratulations, Angela!

On the agenda for the meeting were parking lot stormwater fee, CSO consent order, the Rule and the LTCP.

Parking lot stormwater fee
The DEP reported that parking lot owners have not complained much. The compliance rate is at 72% at the moment but DEP expects this rate to go up by the end of the year (the billing cycle is based on the calendar year).

No BMPs have been implemented to reduce the fee and no inquires have been made to their knowledge (these inquiries go to a different division within DEP). At $0.05 per square foot and the average fee of around $1,000 per year, there is very little incentive for the property owners to install BMPs. We discussed ways to create incentives such as raising the fee gradually and better outreach & education.

The cost per square foot is calculated as follows:

[revenue requirement for operational cost of WPCPs]/[total area of the city - (streets + sidewalks)]

The operational cost of WPCPs does not include debt services for capital expenditures.

CSO consent order
Now we sit and wait. DEC is overwhelmed by hydrofracking (more than a thousand comments submitted!) and we don’t know when the response will be issued.

Stormwater Rule
Comments are being reviewed. If a major modification is suggested, then there will be another public comment process. DEP is looking for an iterative process that strikes a good balance.  Some members questioned the need for a balance when there is consensus among the development and environmental communities on the need for a stronger incentive for green infrastructure.   DEP will revisit the regulation in a few years to assess how the new rule is working.

LTCP Public Participation
DEP plans to convene one citywide CAC but is not sure about convening a separate CAC for each waterbody. All members of the GI Steering Committee are invited to serve on the CAC. The GI SC will continue to meet quarterly with meetings becoming more workshop-like on topics of monitoring, maintenance and stewardship.  A member suggested scientific peer review of GI monitoring protocols.

DEP is submitting a public participation plan to the State but at the same time is looking for ideas for public participation.  The CAC might take up topics of interest, such as modeling, and public notification.

Click here for DEP’s Proposed Stormwater Performance Standard (the on-site stormwater management rule for new development projects and major renovations). This is the main strategy from the NYC GI Plan for achieving Green Infrastructure on private property…so speak now or forever hold your peace. SWIM’s Steering Committee and many others have raised concerns that the proposal does not adequately promote green infrastructure and, in some ways, may actually discourage it. Visit an earlier web post and scroll down for a link to DEP’s draft guidelines, which accompany the proposed rule and are also subject to public comment.

Written comments will be accepted until TOMORROW, Wednesday 11/30 and may be emailed to CharlesSh@dep.nyc.gov.

Follow-up hard copies can be sent to:
New York City Department of Environmental Protection
Office of Legal Affairs
Attention: Charles Shamoon, Esq.
59-17 Junction Boulevard
19th Floor, Flushing, NY 11373

And please send us a copy of your comments as well!