2023 Year In Review: Advancements in Water Quality for the Construction Industry
As we bid farewell to 2023, we reflect on a year of significant achievements and milestones in the realm of water quality and the construction industry. The Construction Industry Coalition on Water Quality (CICWQ) has tirelessly worked to safeguard the interests of those shaping California's landscapes. Here's a comprehensive look at some of the noteworthy highlights from the past year:
1) Construction General Permit for Stormwater - Effective Sept 1, 2023
After many years of CICWQ’s effective advocacy working with the State Water Resources Control Board and many different stakeholders, the 2022 revised CGP went into effect on September 1, 2023. For existing Qualified SWPPP Developers (QSDs) and Qualified SWPPP Practitioners (QSPs), CGP refresher training is required to maintain existing credentials that are necessary to perform work on CGP approved projects. If you manage construction site stormwater as an existing QSD or QSP or work with people in or outside your organization who develop and implement Storm Water Pollution Prevention Plans, you’ll want to get the refresher training done right away.
The State created 15 training modules that cover a range of areas in the revised permit. Key changes include important compliance elements like the definition of a Qualified Rain Event and when pre- and post-rain event inspections must be completed, new procedures for filing and obtaining a Notice of Termination to stop paying permit fees, and complying with new pollution standards, known as Total Maximum Daily Loads (TMDLs).
Be sure to explore the CASQA 2022 CGP Reissuance Review web page here for comprehensive insights into accessing training. It's worth noting that CICWQ proudly collaborates with CASQA as a member. Our dedicated staff and volunteer leadership actively contribute to the Construction General Permit Training Team, playing a pivotal role in shaping the reissuance review curricula. Explore the wealth of knowledge!
2) Water Quality Credit Trading Programs - MS4 Permit Compliance
Water quality credit trading is a market-based approach stormwater dischargers may wish to pursue as an effective means to attain water quality improvements. Water quality credit trading is an approach to control pollutants from multiple sources that collectively impact water quality conditions, primarily as part of municipal separate storm sewer system permits (MS4) for private and public new and redevelopment projects.
CICWQ has been working on developing credit trading programs for the public and private sectors since 2015, primarily performing case studies in southern California, and helping to assemble an extensive hydrologic and engineering data set on feasibility and cost of program delivery. In 2023, the State Water Resources Control Board decided to support conversations and engagement across the state on credit trading, including creation of a Stormwater Credit Think Tank. The Stormwater Credit Think Tank will draw from a diverse group of public, private, not-for-profit, and community-based organizations to guide policy development and adoption by local jurisdictions. The City of Anaheim in Southern California was just approved for one of the most innovative programs offered in the State.
3) U.S. Supreme Court Ruling in Sackett v. EPA - Redefining Waters
In a landmark United States Supreme Court ruling just before the Memorial Day holiday, a 5-4 majority of justices ruled against the US EPA in Sackett v. Environmental Protection Agency. The decision was derived from a 2006 home construction project near Priest Lake in northern Idaho and concerns the definition of what is and is not a Water of the United States (WOTUS). The decision by the Court upends almost 20 years of the EPA’s and the United States Army Corp of Engineer’s practice of using the “significant nexus” test in determining whether or not a property is considered a “wetland” and subject to Federal permitting requirements.
Regardless of the changes in the federal definitions, in California, the State Policy for Water Quality Control: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Wetland Policy) continues to regulate most wetlands as waters of the State, including those no longer regulated under the CWA. The State adopted the Wetland Policy in 2019 to “strengthen protections for waters of the state that are no longer protected under the CWA due to U.S. Supreme Court decisions,” as well as promote consistency across the Regional Water Boards and establish regulations to prevent losses of wetlands. The Wetland Policy defines wetlands (waters of the state) to include features that are consistent with any current or historic final judicial interpretation or any current or historic federal regulation defining WOTUS under the CWA.
4) MS4 Unfunded Mandates Cases Settled
The Commission on State Mandates acted on several unfunded mandate test claims submitted by Phase I MS4 stormwater permittees located throughout California. The Commission denied many of the specific claims (such as requiring Low Impact Development stormwater retention and Hydromodification Controls at development sites) and partially approved others. A barrier to reimbursement continues to be the Commissions assertion that claimants have the authority to charge property related fees to recover state mandated costs. In 2024, eight pending stormwater test claims are scheduled for hearings for permits going back to 2009.
5) City of Anaheim's Water Quality Credit Trading Program - Milestone Achievement
A major milestone in developing and using water quality credit trading programs to help new and redevelopment projects comply with municipal separate storm sewer system (MS4) permit requirements just occurred. The City of Anaheim developed a Stormwater Credit Program that was approved in April 2023 by the Santa Ana Regional Water Quality Control Board.
The Program allows regional stormwater retention projects (Credit Generators) to generate “Credits” that can be purchased by “New and Re-development” projects (Credit Users) to satisfy MS4 Permit requirements instead of implementing onsite structural stormwater treatment systems. New and Re-development projects that purchase credits must still implement site design and source control measures onsite. The Credit Program is the first of its kind in the region and is intended to provide the following multiple benefits:
Incentivizes implementation of new regional stormwater retention projects through generating and selling stormwater credits (i.e., a new funding source).
Creates stormwater retention capacity and local groundwater recharge in a watershed decades before it would be under the current regulatory framework.
Provides expedited watershed water quality improvements and improved hydrologic function over distributed on-site BMPs at redevelopment projects.
Reduces cost of oversight and operations and maintenance (O&M) over distributed BMPs.
Provides a local water supply that is cost-effective and climate-resilient.
Applications for purchase of credits by private development projects are being accepted by the City of Anaheim starting in February 2024, and credits will be available for purchase by private development projects starting in April 2024.
Explore the innovative City of Anaheim Stormwater Credit Program further by visiting this link. For personalized assistance or inquiries, feel free to reach out to Keith Linker at (714) 765-4141 or via email. Dive into the details and discover how this program is revolutionizing stormwater management in the region!
