Stormwater Permit Renewal Update

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Annual reporting language will be added that requires permittees to report the status of inspection and maintenance activities. Antidectradation - Proiected Chanae in Pollutant Loads DEQ reconside~ed the Portland-area Phase I permits after they were issued in 2004. Several changes were made to permits and they were re-issued in their present form in 2005. The 2004 permits were challenged in part on the anti-degradation findings that were included in the original permit evaluation report. During the reconsideration process, DEQ bolstered~fhe antidegradation findings by citing a consultanYs evaluation that showed pollutant loads would decrease during the permit cy~cle as a result of permit implementation. This evaluation is known as the "Strecker Report". The current permits require that an "updated estimate of total annual stormwater pollutant loads" for select parameters be submitted along with the permit renewal application. DEQ requested that permittees provide an updafed assessment comparing pollutanf loads permitted in 2004 with expected pollutant loads during the 2009 permit cycle. e DEQ expects that applicants will, at minimum: • Review the "Strecker report" and cite it as appropriate where it is still valid. • Describe changes in land use and any system expansions. • Describe actions taken to adapt the stormwater program. • Provide a finding as to whether or nat there will be a substantial increase in area, intensity or pollutant loads. The results of the evaluation of changes in pollutant loads will determine whether permittees will need to submit a Land Use Compatibility Statement (LUCS) along with their permit renewal application. LUCS are required for renewals where there is a"substantial modification or ~, _. , intensification of the permitted activity". Applicants would not be required to get a new LUCS just because property inside the existing permit area is being developed or redeveloped. That type of development activity is anticipated as part of the permit and is covered by the.prior LUCS. , However, there may be situations where the modification provisions would be triggered and a new LUCS would be required for the.modifications (only). One example would be if an expansion of the UGB to bring new lands into the permit coverage area. Another would be if a stormwater outfall is relocated outside of the coverage area.9 Since Salem and Eugene were not obligated to complete the 2004 pollutant load evaluation, DEQ expects them to use the load estimates that were submitted with their original permit applications in the early 1990's. Anticipated Permit Language New permit language will expand on the current, general requirement and specify that the permittees will be required to provide a description of changes in land use, description of actions taken to adapt the stormwater program, and a finding whether or not there will be a substantial increase in area, intensity or pollutant loads. '"Qualitative Assessment of the Change in Pollutant Loads Associated with MS4 Discharges in the Portland Metropolitan Area" . 8 The reriewal application request letter was sent on 1/11/08. • 9 DEQ and the permittees had multiple discussions on this topic and DEQ sent a clarifying email entitled ~ "LUCS and antidegradation" to the group on 6/3/08. 6