Livable Communities Committee February 29, 2012

Tony Parrott, MSDGC Executive Director

MaryLynn Lodor, MSDGC Environmental Programs Manager

Sustainable Infrastructure Gap Analysis & Stormwater Code Updates

Stormwater

Management

Utility

Projects Built 100% by MSD: Open or Pipe conveyance systems, HRTs, Green Roofs

MSD serves as enabler of BMP’s (10MG) with Partners – public and private .

Working at the policy level with local, state and

federal agencies &

educating the public

Water Quality/ Quantity Benefits

MSD Sustainable Infrastructure

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“Cincinnati’s 2004 consent decree (CD) … opportunities to incorporate green infrastructure solutions by substituting “green for grey” on a project by project basis.

• “The city is currently evaluating potential

green infrastructure projects and has a three year study and detailed design period to examine green solutions in the Lick Run Watershed, in Mill Creek Valley on the west side of Cincinnati.

• “One promising project in the Lick Run drainage area, a corridor that includes an environmental justice community, would remove storm water flows from the combined sewer system and create a new above-ground drainage feature with surrounding park land. “

April 20, 2011 USEPA Memo Office of Water Office of Enforcement & Compliance Assurance

January 13, 2011 USEPA Draft Integrated Municipal Stormwater & Wastewater Plan Framework

October 27, 2011 USEPA Office of Water Office of Enforcement & Compliance Assurance Memo

Overarching Principles …..maintain existing regulatory standards that protect public health and water quality. ……will allow a municipality to balance various CWA requirements in a manner that addresses the most pressing public health and environmental protection issues first …..development of an integrated plan rests with the municipality that chooses to pursue this approach.

Sustainable Infrastructure Policy Gap Analysis

• Encourage “enabled impact” opportunities as

part of MSD wet weather strategy and water resource management approach – Redevelopment overtime (Developers and

builders) can implement practices that would help MSD:

• Reduce the flow entering combined sewer system; • Reduce the discharge of pollutants from the

municipal separate storm sewer system (MS4s); • Protect water quality

• Enable the City of Cincinnati to comply with the NPDES Phase II permit and applicable federal and state regulations

• CFAC Policy Subcommittee – 12/11 Review for Comment

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Policy Gap Tools

• Ohio Model Codes – Ohio Balanced Growth

• USEPA Policy Toolbox • EPA “Building Blocks for Sustainable

Communities Initiative” • EPA “Water Quality Scorecard” • EPA Strategic Integration Plan, Spring

2011 • EPA Sustainable Design and Green

Building Toolkit for Local Governments • Center for Watershed Protection

– Post Construction Guidance Manual, Tool #4 – Codes and Ordinances Worksheet

• Hybrid developed based on local needs

Wet Weather Regulatory

Demands

Sustainability Goals

Community Values and

Capacity

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5 Policy Areas Evaluated

1. Stormwater Codes, Policies and Procedures 2. Wastewater/CSO Codes, Policies and Procedures 3. Green Building and Plumbing Codes, Policies and

Procedures 4. Other Sustainable Land Development Code or

Policy Issues 5. Sustainable Urban Forests, Greenspace, Other

Planning Codes and Policies

Required or Incentivized

Typically or Expressly Allowed

Not allowed or Prohibited

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Policy Gap Analysis Major Findings Policy Gap

• Most of the identified BMPs are allowed; but the Cincinnati Municipal Ordinances and MSD/SMU Rules and Regulations may not explicitly state their allowed use or provide detailed design specifications

Corrective Action

• Hamilton County Storm Water District/MSD/SMU working together on Stormwater Technical Design Manual as a practical resource for developers

Policy Gap

• Cincinnati Municipal Ordinances were insufficient for compliance with NPDES Phase II MS4 stormwater permit

Corrective Action

• SMU has already drafted ordinances necessary for compliance which will undergo public review in Dec. 2011

Policy Gap

• Stormwater policy for land development is mostly focused on peak flow reduction vs. water quality volume reduction

Corrective Action

• WQ volume reduction is proposed in the draft ordinance & MSD/SMU reviewing Stormwater Management Guidelines

Policy Gap Corrective Action

• Parking code based on minimum standard which produces more impervious cover than necessary

• Land Development Code will comprehensively review land development stormwater policies (e.g. parking lot code, subdivision code, landscaping code)

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Proposed Revisions to the City of Cincinnati Municipal Code for

NPDES Compliance

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Stormwater

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Utility

NPDES Phase II Permit

• Six Minimum Control Measures 1. Public information and education

2. Public involvement and participation

3. Illicit discharge detection and elimination

4. Construction site runoff control

5. Post construction site runoff control

6. Pollution prevention and good housekeeping for municipal operations

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Hamilton County Storm Water District

• City of Cincinnati is one of 42 local jurisdictions/member of the HCSWD – Established 2003 under Ohio Revised Code Chapter 6117 to address NPDES permit on

county-wide basis – Storm Water Management Plan (SWMP) appointed the County Engineer as the day-to-

day Administrator for the District – The Hamilton County Commissioners passed Stormwater District Rules and Regulations

for NPDES Phase II permit compliance in June 2009

• The HCSWD, as the Phase II permit holder responsible for maintaining permit compliance for the City of Cincinnati and other member jurisdictions – Passage of the revised municipal ordinances will assist the District comply with the

NPDES 6 Minimum Control Measures - Permit Review anticipated April 1, 2012

Anderson Township Crosby Township Harrison Township Sycamore Township

Colerain Township Delhi Township Miami Township Symmes Township

Columbia Township Green Township Springfield Township Whitewater Township

Addyston Evendale Greenhills Newtown Amberley Village Fairfax Lincoln Heights North Bend

Arlington Heights Glendale Lockland Terrace Park

Cleves Golf Manor Mariemont Woodlawn Elmwood Place

Blue Ash Village of Indian Hill Mount Healthy Sharonville

Cheviot Madeira North College Hill Silverton

Cincinnati Milford Norwood Wyoming Deer Park Montgomery St. Bernard

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• Public Education & Outreach – Distributing brochures and fact sheets

– Tributary signage has been provided at major stream crossings to inform citizens of the importance of keeping streams clean

• Public Involvement & Participation – Stormwater hotline (513) 946-7100

– Many local and regional efforts to perform periodic trash removal from stream banks

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What SMU is Doing to Meet Minimum Controls

• Illicit Discharge Detection – Developed a storm sewer system map

(www.cagis.org) – Partnered with the Metropolitan Sewer District’s

Department of Industrial Waste to inspect all outfalls over a three year cycle period looking for illicit discharges

• Construction Site Runoff Control – Require the design and installation of sediment

and erosion control measures before construction.

– Require the maintenance of these facilities throughout the construction phase

– Training site inspectors to identify and enforce sediment and erosion control efforts

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What SMU is Doing to Meet Minimum Controls

• Post-Construction Runoff Control – Existing Detention and Retention runoff control

requirements – Draft city ordinance require and will enforce proper

maintenance of stormwater pollution control measures after site construction is complete

– Training site inspectors to identify and enforce these efforts.

• Pollution Prevention & Good Housekeeping Practices – Developed a manual to assist municipal supervisors

and site maintenance personnel in preventing storm water pollution.

– Site Inspections with Office of Environmental Quality N

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What SMU is Doing to Meet Minimum Controls

Municipal Code Revisions Needed for NPDES Phase 2 Compliance

• Assistance/Input from various local agencies – Stormwater Management Utility (SMU) – Hamilton County Stormwater District – Metropolitan Sewer District of Greater Cincinnati (MSD) – Department of Building and Zoning – Department of Transportation – Department of Health HCSWD

• SMU is also drafting corresponding Stormwater Management

Guidelines to meet the NPDES Phase II permit requirements

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Proposed Municipal Code Revisions Summary

Municipal Code Chapters Affected

•Chapter 720: Proposed modifications to “Stormwater Management Code” (NPDES Related)

•Chapter 1113: Proposed modifications to “Excavation and Filling of Land” (NPDES Related)

•Chapter 1501: Proposed modifications to (Title XV) “Code Compliance and Hearings”

(NPDES Related)

•Chapter 719: Proposal to repeal “Sewers” from the Cincinnati Municipal Code

•Chapter 1105: Proposed modifications to “Plumbing Code” (Downspout Disconnection)

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“Stormwater Management Code”

Reason: The City is required to enact an ordinance to prohibit non-stormwater discharges into the municipal separated storm sewer system, with appropriate enforcement procedures and actions Summary of revision:

•Clarifies definition of “pollutant”

•From Code of Federal Regulations, Title 40, Section 122.2 (National

Pollutant Discharge Elimination System)

•Addresses illicit discharges (NPDES requirement)

•Clarifies the differences between bridges and culverts

•Clarifies the differences between public and private facilities

•Updates collection of storm drainage service charge language

Proposed Municipal Code Revisions Chapter 720

Illicit Discharge Detection & Others

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Proposed Municipal Code Revisions Chapter 1113

“Excavation and Filling of Land”

Reason: To comply with NPDES Phase II permit, the city is required to enact an ordinance to require the implementation of proper erosion and sediment controls at applicable construction sites, with appropriate enforcement procedures and actions. Summary of revision: Construction sites involving the movement of more than 1,000 cubic yards of material or disturbing one acre or more (whichever is more restrictive), will be required to submit an Operational Plan.

Construction Site Runoff Control

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Proposed Municipal Code Revisions Chapter 1501

“Code Compliance and Hearings”

Reason: To comply with the city’s NPDES permit, the city is required to enact an ordinance to require the implementation of proper erosion and sediment controls at applicable construction sites, with appropriate enforcement procedures and actions. Summary of revision: The enforcement portion of this requirement is reflected in the proposed amendments to section 1501-11 by adding Section 1113-03, Prohibitions to Certain Excavations Fills or Grades, to the Table of Class E Offenses with Civil Fines Subject to 50% Reduction for Correction of Violations.

Construction Site Runoff Control Enforcement

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Proposed Municipal Code Revisions Chapter 719

Repeal “Sewers” Definition from the Cincinnati Municipal Code

Reason: The provisions of Chapter 719 of the City’s Municipal Code, which governs the installation and maintenance of sewers, are in conflict with the MSD Rules and Regulations. Therefore, MSD is proposing that Chapter 719 be repealed in its entirety.

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Proposed Municipal Code Revisions Chapter 1105

Downspout Disconnection

Reason: The proposed modifications to Chapter 1105 “Plumbing Code”, Section 03 “Drainage Required” would allow property owners to disconnect downspout disconnections. At the current time, buildings greater than 800 square feet in area are required to have downspouts connected to an approved sewer. Downspout disconnection considerations:

•Hillside Overlay District

•Proximity to neighboring properties

•Topography conditions

•Proximity to basements, foundations, crawl spaces, retaining walls, oil tanks,

septic systems, etc.

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2012 Proposed Downspout Disconnection Pilot - Neighborhood Enhancement Program - Community Development - Targeted outreach and technical assistance

Downspout Disconnection Major Considerations

landslide protection According to U.S. Geological Survey data, the Cincinnati Metropolitan area spends more per capita to repair landslide damages than any other metropolitan area in the U.S.

public nuisance complaints •icy or slippery sidewalks •Illegal/failed downspout disconnections

public property protection

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To ensure public safety, owners must 1. Capture stormwater responsibly 2. Provide secondary mechanism for flow back

into public infrastructure 3. Maintain the on-site system

Stream Corridor Protection Zone

• Part of the locally developed plan to meet Phase II compliance – Hamilton County Storm Water District’s Rules and Regulations establishes a set back

distance for natural waterways

• City Planning anticipates implementing through the Zoning Code

– Better enforcement through Zoning vs. Ordinance

– Proposed Solution: anticipated by SMU and City Planning in Summer 2012.

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The Land Development Code (LDC) offers the best process for comprehensively addressing this situation, expected completion 2014.

The tools developed as part of the LDC (TDR and incentive zoning) will enhance or replace what is currently being developed

Next Steps: Post Construction Stormwater Management

(PCSM) Guidelines

• Pending approval of the Municipal Code revisions Post Construction Stormwater Management Guidelines will be updated and adopted

• These Guidelines will be made through Stormwater Management Utility

Status for Completion:

• SMU has already drafted PCSM Guidelines that are consistent with the adopted Hamilton County Storm Water District’s PCSM Rules and Regulations

• Internal Review Process is underway and will be expedited pending Council Ordinance Adoption

• Scheduled for Completion: June – December 2012

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Next Steps: Stormwater Management Design Manual

• The Ohio Department of Natural Resources already provides a great resource:

– “Rainwater and Land Development Manual”

– Default for Hamilton County Storm Water District, and SMU by virtue of membership

• HCSWD, MSD and SMU have agreed to collaborate on a “Shared” Stormwater Management Design Manual

– Provides more local guidance for stormwater management practices

– Gives site designers more confidence when applying for permits

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Water Reuse

…promote the beneficial reuse of municipal effluent for industrial and agricultural use at a grassroots level on a global basis

Collaborating Partners Collaboration is sought with business, environmental and government organizations who support the beneficial reuse of water.

Questions?

Sustainable Infrastructure Gap Analysis & Stormwater Code Updates

Stormwater

Management

Utility