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Facing Stiff Opposition, DEEP Plans Modifications To Stormwater Permitting

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Connecticut’s Department of Energy and Environmental Protection (DEEP) says it is considering modifications to key provisions of proposed new permit requirements for the management and oversight of municipal stormwater systems — while still allowing the agency to achieve important environmental objectives.

The announcement came following testimony and correspondence from numerous public officials from across the state, including Newtown First Selectman Pat Llodra.

DEEP officials said they are already discussing with local leaders changes to language now in the draft permit and will circulate a revised version of that draft permit by January 26.

The revised version of the permit language is expected to include changes in various requirements, including street sweeping, cleaning of catch basins, management of fallen leaves, and water quality monitoring of stormwater discharges.

The proposed changes in permit requirements for municipal stormwater systems were the subject of a public hearing at DEEP on Wednesday, December 19.

Following that hearing Mrs Llodra told The Newtown Bee if enacted as originally proposed, the estimated cost to initiate monitoring and mitigation of that nonpoint source pollution in Newtown could exceed $5 million to establish enhanced collection and mitigation practices, and another $3 million annually to maintain them.

The formal parties to this matter — DEEP staff, the Connecticut Conference of Municipalities, the Council of Small Towns, and the Connecticut Fund for the Environment — are scheduled to meet on February 5 with the hearing officer for a “status conference” to report on the progress of their discussions and determine the next steps in the process of finalizing new permit requirements.

Oswald Inglese, DEEP’s director of water permitting and enforcement, said he empathized with cities and towns facing tough budget times.

“Through our public hearing process local officials told us about the potential costs of implementing the new stormwater requirements,” Mr Inglese said. “That is why we will continue a dialogue with our municipal partners in an effort to reach agreement on final language for this permit that strengthens environmental protection in a common sense and fiscally prudent manner.”

Mr Inglese said that while DEEP considers the ability of cities and towns to meet new requirements, it also has an obligation to move forward with improvements to the management of stormwater because of the toll it takes on the quality of the state’s environment and waters.

“Stormwater carries contaminants into our lakes, rivers, streams, and Long Island Sound — the water bodies that make Connecticut a special place to live and the places where we all want to enjoy swimming, fishing, and boating,” Mr Inglese said. “We must take steps to reduce the level of contamination discharged into our water from stormwater systems.”

As Connecticut has grown the state’s landscape has more hard and impervious surfaces where stormwater systems have replaced the natural infiltration processes that allowed stormwater to be absorbed back into the ground, he said.

“This means increasing amounts of polluted stormwater runoff is being carried into our waterways — degrading water quality, threatening recreational opportunities, and putting habitats and aquatic species at risk,” Mr Inglese concluded.

Upon hearing the news, Mrs Llodra said she was pleased that DEEP is rolling back any implementation on the proposed changes to the permit regulations.

“The process used by the department to promulgate these new regulations excluded any meaningful input from the municipalities,” she said. “We found ourselves in conflict with the commissioners and their advisors on almost every aspect of the proposal.”

In her comments at the hearing, the first selectman said a proposal this costly must be justified with evidence and appropriate cost-benefit analyses.

“We municipal leaders are not willing to impose such a financial burden on our taxpayers without full reckoning of all the information,” Mrs Llodra added. “For DEEP to put us in that position was wholly in disregard for our rights and responsibilities at the local level. We are pleased to now work with DEEP to examine the issues and develop appropriate, manageable, and fiscally responsible regulations.

State Representative-elect J.P. Sredzinski (112th District), whose district encompasses a southern section of Newtown and all of neighboring Monroe, said he was also happy to learn that DEEP is reconsidering the costly MS4 regulations in response to the reaction of local governments across the state.

“Although we need to be mindful of Connecticut’s environment, we also need to recognize the fiscal municipal impact these regulations would have,” the incoming lawmaker said. “I am hopeful that DEEP and local officials will reach a reasonable balance to address some of the environmental concerns while keeping costs down.”

Senator-elect Tony Hwang, who also vigorously opposed the new regulations as proposed, said he, too, was encouraged to hear that DEEP was responding to municipal leaders voicing concerns.

“I look forward to seeing exactly what the changes are, and I stand ready to continue to support Newtown First Selectman Pat Llodra and our community in ensuring any new regulations strike a fair balance,” the incoming senator said. “I’m proud to say Newtown is one of a small percentage of municipalities that are in compliance with the DEEP’s existing stormwater regulations. That’s a testament to the town’s commitment to protecting our vital natural resources, including our waterways.”

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