[From the U.S. Government Printing Office, www.gpo.gov]

                                                                FY'91             Task 56
                                                                     Final Product
                                                                  V-,(            gvy@

                                                                         3/31/93



                     CREGIONAL STORMWATER COORDINATION PROCESS
                                      A STATUS REPORT





































                                   Prepared by the Staff of the
                           Hampton Roads Planning District Commission

                                        December 1992







                          [REGIONAL STORMWATER COORDINATION PROCESS
                                           A STATUS REPORT,







                        Preparation of this report was funded, in part, by the Virginia
                    Council on the Environment's Coastal Resources Management Program
                      through Grant No. NA170ZO359-01 of the National Oceanic and
                     Atmospheric Administration, Office of Ocean and Coastal Resources
                     Management, under the Coastal Zone Management Act of 1972, as
                                                amended.








                      Preparation of this report was included in the HRPDC Program for
                      1992-93, approved by the Commission at its Executive Committee
                                       Meeting of March 18, 1992











                                        Prepared by the Staff of the
                               Hampton Roads Planning District Commission

                                             December 1992










                BACKGROUND


                       Through its Regional Coastal Resources Management Program, the Hampton
                Roads Planning District Commission has undertaken an effort to assist its fourteen
                member local governments in the area of stormwater management. This program is
                known as the Regional Stormwater Management Program. It includes conducting
                technical studies, facilitating monthly meetings of the HRPDC Regional Stormwater
                Management Committee to exchange information and developing in cooperation with
                that Committee regional consensus positions on stormwater management issues.

                       The Regional Stormwater Management Program began in 1973 with the
                undertaking of a regional stormwater facilities study and analysis. That effort included
                delineation of drainage basins throughout the Southeastern Virginia portion of the
                region. From 1974 through 1986, the regional stormwater management program was
                conducted under the auspices of the Hampton Roads Water Quality Agency.

                       A renewed effort for Southeastern Virginia was begun in 1988 through financial
                assistance from the Virginia Coastal Resources Management Program (VCRMP). That
                effort resulted in the 1989 release of two studies:


                       1 .   Elizabeth River Basin Environmental Management Progra

                       2.    Regional Stormwater Monagement Strategy for Southeastern Virginia.

                These  two studies recommended that a number of activities be undertaken on a
                cooperative regional basis to assist the region's local governments in meeting the
                requirements of the U.S. Environmental Protectiori Agency's National Pollutant
                Discharge Elimination System (NPDES) Stormwater Permit Program, the Virginia
                Stormwater Management Program and the Virginia Chesapeake Bay Preservation Act.
                Recommended activities included development of common design standards for
                stormwater facilities, a cooperative program for water quality sampling and analysis,
                an information exchange program, a cooperative public education program and
                mechanisms for financing needed    facilities and programs.

                       Through financial assistance from the Virginia Council on the Environment, the
                Chesapeake Bay Local Assistance Department and the State Water Control Board, the
                HRPDC has undertaken a number of activities to achieve these recommendations.
                These activities have included development of:

                       0     Stormwater Management Financinn Strategy for Harnl2ton Roads
                             Virginia, 1991.

                       0     Best Management Practices Design Guidance Manual for Hampton
                             Roads, 1992.

                       0     Model Environmental Assessment Procedure, 1992.









                      0      Vegetative Practices for Nonpoint Source Pollution Managemen , 1992.

                      0      A Citizen's Guide to Nonpoint Source Pollution, in progress.

                      0      Best Management Practices (BMP) Tracking System, including computer
                             software, 1992.

                      0      Institutional and Policy Framework for Stormwater Management in
                             Shared Watersheds, 1992.

               In addition, the localities have developed a cooperative stormwater sampling program
               with the Hampton Roads Sanitation District (HRSD) and a number of educational
               materials through the Hampton Roads Municipal Communicators, the regional
               organization of local public information officers. The opportunity for the localities to
               develop these cooperative activities has been provided through the Regional
               Stormwater Coordination Process, although actual local government work has been
               conducted outside the scope of the grant funded project.

                      In June 1992, the stormwater management staffs of the region's local
               governments requested the HRPDC staff to facilitate a routine, monthly exchange of
               information on stormwater management issues among the localities. Implicit in this
               request was a desire on the part of the localities to work together to develop common
               responses  to state and federal stormwater management issues.

                      The HRPDC had previously obtained financial assistance from the Virginia
               Council on the Environment through the Virginia Coastal Resources Management
               Program to develop a BMP Tracking System and a Shared Watershed Institutional
               Process. The Commission's Regional Coastal Resources Management Program
               (Technical Assistance Program) was being used as the mechanism to support regional
               coordination on stormwater management. Because the level of effort entailed by the
               proposed "Regional Stormwater Coordination Process" greatly exceeded the effort
               envisioned in the Commission's Regional CRM Program, the scope of work for the
               Commission' Stormwater Grant from the VCOE was modified to accommodate this
               new work activity.



               REGIONAL STORMWATER COORDINATION PROCESS

                      This report provides     a capsule summary of the "Regional Stormwater
               Coordination Process." The Regional Stormwater Coordination Process. includes the
               following activities:

                      1.     Monthly Regional Coordination Meetings.

                      2.     Stormwater Management Survey.

                      3.     Consensus Position Statements.


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                      4.    Cooling Tower Policy Guidance.

               In addition, the VCRMP Grant includes financial assistance for the BMP Tracking
               System and the Shared Watershed Institutional Process. Separate reports have been
               prepared on the following elements of this project:

                      1 .   Cooling Tower Discharge Policy and Guidance Manual.

                      2.    BMP Tracking System - Software and Pro-gram Documentation.

                      3.    Institulional Process for Stormwater Management in a Shared
                            Watershed.


                      4.    Summary: Survey of Local Stormwater Management In Virginia.


               PROCESS DOCUMENTATION

                      Since June 1992, the Regional Stormwater Management Committee of the
               Hampton Roads Planning District Commission has met on a monthly basis. The
               purpose of these meetings is to:

                      0     Exchange information and experience among the localities on
                            development of stormwater management programs.

                      0     Develop consensus positions and responses to evolving stormwater
                            management programs at the state. and federal levels.

                      0     Facilitate development of cooperative approaches to meeting the
                            requirements of state and federal stormwater management programs.

               The role of the HRPDC staff in this process is to facilitate the discussions, document
               the process, ensure that information materials are exchanged among the localities,
               document and transmit as appropriate any consensus that is reached, identify
               resources that may be useful to the localities in program development and bring those
               resources "to the table," and provide early warning to the localities on new state and
               federal initiatives.

                      Aspecialized processto address proper management of discharges from cooling
               towers was also conducted. That effort required the HRPDC staff to fulfill a similar
               role. The Cooling Tower process is not discussed, in detail, in this report, because a
               separate report has been prepared, documenting the recommendations resulting from
               that process. However, it should.be noted that the Cooling Tower Subcommittee and
               a smaller Work Group met a number of times over a period of four months to reach
               consensus on the Cooling Tower Discharge Policy and Guidance Manual. On behalf'
               of the Committee, the staff briefed the Hampton Roads Chapter of the American
               Society of Heating, Refrigeration and Air Conditioning Engineering and a joint meeting

                                                         3









               of the Building Owners and Managers Association and Institute of Real Estate
               Managers on the project.

                      At its initial meeting on June 5, 1992, the Regional Stormwater Management
               Committee focused its attention on establishment of local stormwater utilities.
               Representatives of the Cities of Chesapeake, Hampton, Newport News, Norfolk and
               Virginia Beach discussed the current status of their utility programs. The meeting was
               attended by representatives of the aforementioned communities and the City of
               Suffolk. A major issue identified was the establishment of a credit program for
               property owners that had their own stormwater facilities or whose property drained
               directly to surface waters and did not use city stormwater facilities.

                      The Regional Stormwater Management Committee met on July 1, 1992 with
               the agenda established to again focus discussion on stormwater utilities. The meeting
               was attended by engineering staff from the Cities of Chesapeake, Hampton, Newport
               News, Norfolk and Virginia Beach and James City and York Counties. In addition, a
               representative of the Virginia Beach Finance Department provided a detailed briefing
               on that City's stormwater utility rate structure and billing procedures. The HRPDC
               provided a detailed briefing on the current status of regional programs including the
               BMP Tracking System and Cooling Tower projects. The Committee expressed great
               interest in the HRPDC Vegetative Practices Design Guidance project, funded by
               CBLAD. The Committee also agreed that the August meeting should involve
               representatives from the City and County Attorney's Offices to discuss legal issues
               associated. with the utility and billing systems. It was also agreed that HRPDC would
               collect and distribute public educational materials being developed to support local
               stormwater management programs.

                      On August 5, 1992, the Regional Stormwater Management Committee met to
               continue its discussion of regional stormwater management issues. The meeting was
               attended by representatives of the Cities of Hampton, Newport News, Portsmouth,
               Suffolk and Virginia Beach and the Counties of Isle of Wight, James City and York.
               In addition to local engineering staff participation, a number of representatives of local
               city/county attorneys were present. The HRPDC staff provided a detailed briefing on
               the status of regional activities including the BMP Tracking System, Vegetative
               Practices Guide and the Cooling Tower Policy. The issues of credits for existing
               stormwater facilities and whether facilities should be funded entirely by utility
               revenues or by the General Fund were discussed at length. It was agreed that a
               representative of the Hampton Roads Municipal Communicators should be invited to
               participate in the next meeting to discuss public information and education activities.
               James City County briefed the group on its evolving utility program, which is being
               developed in spite of the fact that the County is not affected by the current EPA
               Regulations. Among other issues discussed was a request to the HRPDC to survey
               all localities in Virginia to determine the status of other local stormwater management
               programs.

                      The Regional Stormwater Management Committee met on September 9, 1992.
               The meeting was attended by representatives of the Cities of Chesapeake, Hampton,

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               Newport News, Norfolk, Poquoson, Portsmouth, Suffolk and Virginia Beach, York
               County and the Hampton Roads Sanitation District. The HRPDC briefed the group on
               the status of regional projects, including the BMP Tracking System, Vegetative
               Practices Guidance, Citizen Handbook and Cooling Tower project. HRPDC staff also
               advised the Committee that the State Water Control Board was developing a General
               Permit for some stormwater activities that would be released and effective later in
               September.    Representatives of the Hampton Roads Municipal Communicators
               (HRMC) briefed the group on cooperative approaches to public education that were
               being undertaken to support the stormwater programs. The focus of this briefing was
               on a Survey of citizens in the region on their knowledge and awareness of stormwater
               management issues and on the "WO. FISH" storm drain stencilling campaign that
               would begin in late October. The HRMC also indicated that they would be developing
               a new stormwater educational video and wanted input from the local stormwater and
               HRPDC staffs.     During the discussion, current stormwater utility issues were
               discussed. Several local staff indicated concern with the cooling tower issue and the
               need to move that project along. The group discussed the issue of stormwater
               discharges from construction activity at great length and requested the HRPDC to
               develop a consensus position statement on this issue for consideration at the next
               meeting. HRSD and local staff also discussed the status of water quality sampling to
               support NPDES Permit applications. It was noted that much of the necessary
               sampling equipment was being acquired and managed by HRSD on a cooperative basis
               for the localities.


                     On September 21, 1992, the HRPDC staff provided a brief written synopsis of
               new federal stormwater regulations to the Committee and indicated that the
               September 9th consensu   s would be revised to reflect these new regulations prior to
               review in October.


                     On October 14, 1992, the Regional Stormwater Management Committee met
               to discuss comments on the General Permit for Construction Activities and to discuss
               the status of the Cooling Tower Policy. The meeting was attended by representatives
               of the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and
               Virginia Beach, York County and the HRSD. The group discussed the need for
               education that focused on the contribution of the homeowner to stormwater problems
               and the need for the stormwater utility to address a number of issues including state
               and federal mandates. It was agreed that placing all of the onus on those mandates
               was not proper. Cooperation in water quality sampling was discussed at great length
               with HRSD agreeing to become the regional sampling entity if that was desired by the
               communities. The consensus letter on General Permits was agreed to and the HRPDC
               staff was requested to transmit it quickly. The HRPDC staff was also requested to
               contact the SWCB to determine whether a fully regional sampling program would
               satisfy EPA regulations. (This issue has been discussed by telephone with the SWC13
               staff. Preliminary indications are that the SWCB staff would be willing to entertain
               this approach to the sampling program.) The Committee also agreed to work with the
               HRPDC staff and the Tidewater Builders Association to develop a seminar for TBA
               members on stormwater requirements. The Seminar will be developed and held during
               early 1993.

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                      The Regional Stormwater Management Committee met on November 6, 1992
               to review the Cooling Tower Report, other Regional Stormwater Projects, Nonurban
               Stormwater Utilities and other local issues. Participants included representatives from
               the Cities of Chesapeake, Franklin, Norfolk, Suffolk and Virginia Beach, Isle of Wight
               County, SWCB and HRSD. The Committee endorsed the Cooling Tower Policy. The
               HRPDC staff was requested to obtain additional information from the SWCB on
               several issues, including use of State Revolving Loans for stormwater facilities, the
               number of industrial permits applied for by locality and guidance on permitting of
               VDOT facilities. It was agreed that establishment of a regional monitoring program
               would be discussed at the January 1993 meeting and that the nonurban (small
               communities) would hold a special meeting on November 16, 1992 to discuss their
               special stormwater management needs. It was also agreed that HRPDC would work
               with the other PDCs to solicit their support for the Cooling Tower Policy.

                      The Small Communities Subcommittee met on November 16, 1992 to discuss
               potential cooperation in the establishment of stormwater utilities and other stormwater
               programs that were particular to their needs. It was agreed that the HRPDC would
               conduct certain technical analyses and facilitate development of a cooperative
               approach to the question of stormwater utilities. A Scope of Work for this project is
               included as Appendix A. That study will- be conducted during the early part of 1993.

                      The Regional Stormwater Management Committee met on December 9, 1992.
               Attendees included representatives of the Cities of Chesapeake, Hampton, Newport
               News and Portsmouth and York County. Representatives of the Hampton Roads
               Sanitation District Commission and the State Water Control Board also participated
               in the discussions. HRPDC staff briefed the group on the status of regional activities,
               including the Small Communities Stormwater Subcommittee. York County indicated
               its desire to participate in that effort. Chesapeake representatives indicated that -the
               City's utility ordinance had been adopted. Materials, prepared by Chesapeake staff,
               comparing various local utility programs were distributed. The issues of credits and
               the proper mix of funding sources for facilities were discussed. The Committee
               requested the HRPDC staff to prepare a matrix documenting the status of local
               programs and comparing the salient features of the local programs. (That matrix is
               being prepared.) In discussing credit features of programs and rates, there was some
               feeling that a regional approach should have been taken earlier to ensure consistency
               and to eliminate some of the private sector criticism of existing local programs. The
               agenda for the January meeting was discussed and it was agreed to defer the
               discussion of a regional water quality monitoring program to the February meeting.



               CONSENSUS POSITIONS


                      From June 1992 through December 1992, the Regional Stormwater
               Management Committee has reached consensus on a number of issues. On behalf
               of the Committee, the HRPDC has developed consensus position statements and
               transmitted them to the appropriate state and federal regulatory agencies. Some of
               the positions have indicated a regional preference on program direction. Others have

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              requested advice and guidance from the SWCB or EP     A on program issues. In most
              cases, it is not known at this time whether these positions will be adopted by the
              state or federal agencies to provide future program direction.

                     The Cooling Tower Discharge Policy and Guidance Manual is the most
              significant consensus reached. As such, the report is provided as a separate output
              from this project.

                     Other position statements are included in Appendix B. Position statements
              adopted and requests for guidance developed by the Regional Stormwater
              Management Committee include:

                     0     August 5, 1992, Stormwater NPDES Permits - Cooling Tower Guidance,
                           Letter from John M. Carlock, HRPDC Director of Physical and
                           Environmental Planning, to Burton R. Tuxford, SWCB Environmental
                           Engineer.

                     0     August 6, 1992, Stormwater NPDES Permits - Cooling Tower Guidance,
                           Letter from John M. Carlock, HRPDC Director of Physical and
                      -    Environmental Planning, to Kevin Magerr, EPA Stormwater Management
                           Coordinator.


                     0     October 14, 1992, Stormwater NPDES Permits, Letter from Arthur L.
                           Collins, HRPDC Executive Director, to Richard N. Burton, SWCB
                           Executive Director. (This position was also endorsed by the Hampton
                           Roads Chesapeake Bay Committee. Copies of the position statement
                           were also sent to the Department of Conservation and Recreation, to the
                           DCR Division of Soil and Water Conservation, and to the Chesapeake
                           Bay Local Assistance Department.)

                     0     November 18, 1992, Stormwater NPDES Permits Information Request,
                           Letter from Arthur L. Collins, HRPDC Executive Director, to Richard N.
                           Burton, SWCB Executive Director.

                     0     November 18, 1992, Cooling Tower Policy, Letter from Joe S. Frank,
                           HRPDC Chairman, to Richard N. Burton, SWCB Executive Director.
                           (Similar letters were also sent to all PDC Directors, the Hampton Roads
                           Sanitation District and various trade organizations.)

              In a number of instances, responses have been received. Copies are also included in
              Appendix B. These responses include:

                     0     October 27, 1992, Cooling Tower Information and Guidance, Letter from
                           Richard N. Burton, SWCB Executive Director, to Arthur L. Collins,
                           HRPDC Executive Director.




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                     0      October 30, 1992, Cooling Tower Information and Guidance, Letter from
                            Burton R. Tuxford, SWCB Environmental Engineer, to John M. Carlock,
                            HRPDC Director of Physical and Environmental Planning.

                     0      December 11, 1992, NPDES Permit Information, Letter from Richard N.
                            Burton, SWCB Executive Director, to Arthur L. Collins, HRPDC Executive
                            Director.


                     0      December 14, 1992, Cooling Tower Policy, Letter from Richard N.
                            Burton, SWCB Executive Director, to Joe S. Frank, HRPDC Chairman.



               CONCLUSIONS AND RECOMMENDATIONS


                     The Regional Stormwater Coordination Process has proved to be both useful
               and successful as a means of assisting the local governments in the Hampton Roads
               region to address state and federal stormwater management requirements. This is
               consistent with the region's experience with regional coordination of other programs,
               including ground water management and Coastal Resources and Chesapeake Bay
               matters in general. The usefulness of this program was underscored in comments
               made at the Regional Stormwater Committee's December 9, 1992 Meeting indicating
               a belief that this process should have been instituted earlier.

                     It should also be noted that much of the value of this process is achieved
               informally through the Committee's deliberations which do not result in adoption of
               formal position statements, but which do result in useful exchange of information.
               This enables local staff to learn from each other's experience and, at least
               theoretically, be more effective in addressing this issue.

                     Stormwater management programs are evolving at the state, federal, and local
               levels. During the past year, the focus of the Regional Stormwater Coordination
               Process has been on the EPA/State Stormwater Permit Regulations. It can be
               expected that these regulations will be an important aspect of the Committee's
               deliberations. However, the Committee is likely to become increasingly concerned
               with the potential impacts of the EPA/NOAA Coastal Nonpoint Source Program, under
               Section 6217 of the Coastal Zone Management Act. With the increase in state and
               federal stormwater and nonpoint source management programs over the past several
               years, local governments face a plethora of potentially conflicting requirements. The
               HRPDC Regional Stormwater and Hampton Roads Chesapeake Bay Committees have
               already expressed their concern with this situation on a number of occasions. It can
               be expected that the Committees will devote increased attention during the coming
               year to developing a framework for integrating these requirements in a comprehensive
               and consistent fashion at the local level.

                     Based on experience with the Regional Stormwater Coordination Process during
               the period'from June 1992 through December 1992, the following recommendations
               are made:


                                                         8









                      1     The Regional Stormwater Coordination Process should be continued. In
                            fact, the Committee has already indicated its desire to continue meeting
                            on a monthly basis in order to address the constant evolution in
                            stormwater regulations.

                      2.    During the next year, the Regional Stormwater Committee should focus
                            its efforts on:


                            a.     development of a cost-effective regional approach to stormwater
                                   sampling;

                            b.     continued development of cooperative education and public
                                   information materials and campaigns; and,

                            C.     continued information exchange.

                      3.    The HRPDC should continue to facilitate the Regional Stormwater
                            Coordination Process. That effort should be incorporated into the
                            Commission's ongoing Regional Coastal Resources Management
                            Program.

                      4.    The HRPDC should, as requested by the region's small communities,
                            pursue development of the Small Communities Stormwater Management
                            Strategy, including development of a model stormwater management and
                            utility ordinance.

                      5.    Activities of the Regional Stormwater Committee should continue to be
                            closely coordinated with the activities of the Hampton Roads
                            Chesapeake Bay Committee.

                      6.    The consensus-building process followed by the Regional Stormwater
                            Committee in its deliberations has been successful and should continue
                            to serve as the basic method of Committee operation. The utility of this
                            approach was particularly evident in the deliberations which led to
                            development of the Cooling Tower Policy. As other specific issues are
                            identified by the Committee, the subcommittee consensus approach
                            involving public and private sector participants should be followed.












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   I            SMALL COMMUNITIES STORMWATER MANAGEMENT STRATEGY

                                  SCOPE OF WORK
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                                            DRAFT SCOPE OF WORK


                            STORMWATER MANAGEMENT - SMALL COMMUNITIES



              HRPDC RESPONSIBILITIES:


              A.     STORMWATER MANAGEMENT ORDINANCE FOR SMALL COMMUNITIES IN
                     THE HAMPTON ROADS REGION


                     1.     Review and document stormwater management requirements affecting
                            small communities in the Hampton Roads region. These would include
                            requirements governing disposal of materials dredged from stormwater
                            facilities.


                     2.     Review the "Model Stormwater Management Ordinance" and "Model
                            Stormwater Utility Ordinance," developed previously by the HRPDC and
                            documented in Recional Stormwater Management Stratggy for
                            Southeastern Virginia and Stormwater Manaciement Financing Strateny
                            for Hampton Roads Virgi[lia. Determine the applicability of the "Models"
                            to the special circumstances and regulatory requirements facing small
                            communities in the Hampton Roads region.

                     3.     Obtain and review other stormwater management and utility ordinances
                            developed specifically for small communities. Determine the applicability
                            of these Ordinances, or portions thereof, to the special circumstances
                            and regulatory requirements facing small communities in the Hampton
                            Roads region.

                     4.     Develop, or adapt, a "model" stormwater management ordinance,
                            including technical and financial requirements, for small communities in
                            the Hampton Roads region. The "model" would reflect input from the
                            participating localities.

              B.     STORMWATER MANAGEMENT PROGRAM FOR SMALL COMMUNITIES IN THE
                     HAMPTON ROADS REGION

                     1 .    Identify, based on input from the affected localities, long-term
                            stormwater management program needs of the affected localities.. This
                            would address needs related to both existing and future development.

                     2.     Develop, in cooperation with the affected localities, a policy statement
                            on ownership, operation and maintenance of stormwater management
                            facilities.

                     3.     Determine, based on input from     the affected localities, stormwater
                            management needs - facilities, staffing and programs. This should
                            Include needs related to water quantity as well as water qualitV.









                     4.     Review and document sample rate structures and approaches established
                            for stormwater financing by localities in Hampton Roads as well as those
                            developed by small communities elsewhere.

               C.    REPORT AND RECOMMENDATIONS

                     1 .    Prepare report documenting program recommendations and the "Model"
                            Ordinance. Program recommendations will reflect a consensus of the
                            participating jurisdictions.


               PARTICIPATING COMMUNITIES RESPONSIBILITIES:

                     I .    Provide input on stormwater management program needs and issues for
                            their jurisdiction.

                     2.     Identify political constraints within their jurisdiction that would affect the
                            structure and feasibility of any financing and institutional options.

                     3.     Review and comment on all draft materials as they are developed by the
                            HRPDC staff.




































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                                        AND
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                                      RESPONSES
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                 HAMPTON ROADS                                                                                                    REBA S. MCCLANAN, CHAIRMAN ROBERT M MURPHY, VICE CHAIRMAN ROBERT G. BAGLEY, TREASURER                                                                         ROBERT M MURPHY, VICE CHAIRMAN a ROBERT G. BAGLEY. TREASURER
                 PLANNING DISTRICT COMMISSION                                                                                                                           ARTHUR L. COLLINS, EXECUTIVE DIRECTOR SECRETARY

                    CHESAPEAKE                                                                                                                                                         August 5, 1992
                 Robert G Bagley. City Councilman
                 Dr. Alan P Krasnoff. City Councilman
                     James W. Reun, City Manager
                    FRANKLIN                         Mr. Burton R. Tuxford, II
                 Robert E Harrett, City Councilman   Environmental Engineer Consultant
                  John J. Jackson, City Manager      State Water Control Board
                    HAMPTON                          P.O. Box 11143
                  T. Melvin Butler, Vice Mayor       Richmond, Virginia 23230
                  James L Esson, Mayor
                 Robert J ONeall, Jr. City Manager
                       ISLE OF WIGHT COUNTY                                                                                                        Re:  Stormwater NPDES
                   0 A. Spady, Board of Supervisors                                                                                                     Permits (POW:NPS)
                 Myles E. Standuan, County Administrator

                       JAMES CITY COUNTY                    Dear Burt,
                 David B. Norman, County Administrator
                  David L Sisk, Board of Supervisors             As we have discussed on several occasions, the localities of
                       NEWPORT NEWS                     Hampton Roads are attempting to coordinate their efforts to respond to the
                      Joe S Frank, City Councilman
                 Dr Vincent T Joseph City Councilman    Stormwater NPDES Permit Regulations. In developing management
                    Edgar E Maronry City Manager        programs, as required by 40 CFR 122.26 (d)(2)(iv)(B)(1), printed at 55
                       NORFOLK                          Federal Register 47990, November 16, 1990, localities in the region have
                 Mason C. Andrews, MD. City Councilman
                     Paul O Fraim, City Councilman      identified a concern over the appropriate treatment of discharges from
                        Joseph A Leale, Mayor
                   James B Oliver, Jr. City Manager     cooling towers.
                  G. Conoly Phillips, City Councilman
                            POQUDSON                          Through the Hampton Roads Planning District Commission, the
                      L. cornett Murcher, Mayor
                  Robert M Murphy, City Manager        localities have established a Subcommittee to develop a regionally
                                                       consistent policy governing cooling tower discharges and associated
                         PORTSMOUTH                    guidance for owners and operators of towers. This group, which includes
              Johnny M Clemons City Councilman         representation from local governments, the cooling tower industry -
                V Wayne Orton, City Manager         
                   Gloria 0 Webb, Mayor                manufacturers, sales representatives and engineers, building owners and
                    SOUTHAMPTON COUNTY                 managers, the Hampton Roads Sanitation District and the SWCB, is a
              Rowland L Taylor. County Administrator
              C. Harrell Turner, Board of Supervisors Subcommittee of the Regional Stormwater Management Committee. You
                                                      have participated in one or two of the Committee meetings over the last
                      SUFF0LK                         year.
              Richard L. Hedrich, City Manager
              S Chris Jones, City Councilman
                   VIRGINIA BEACH                           A number of questions, which must be addressed prior to finalizing
              John A Hawn City Councilman             a policy on the regulatory treatment of cooling tower discharges to
              Robert E          Vice Mayor          
              Harold        City Councilman           municipal stormwater systems remain outstanding. As you are aware, we
              Walter E Maines City Appontee
              Reba S McClanan City Councilwoman      have requested clarification from EPA on an apparent discrepancy in the
                                       Mayor
              James K Spore, City Manager            regulatory language dealing with cooling towers. In addition, however,
                                                     there are a number of issues that require input from the SWCB if a
                WILLIAMSBURG
                                                     reasonable policy on cooling tower discharges is to be developed.
              John              Mayor                Specifically:
          Jackson C Tullis, II, City Manager       
           YORK COUNTY 
          Paul W German Board of Supervisors                                    
          Donald M. Stucs, 
                                                                                             HEADQUARTERS THE REGIONAL BUILDING 72 WOODLAKE DRIVE CHESAPEAKE VIRGINIA 23320 (804)420-8300
                                                                                             PENNINSULA OFFICE HARBOUR CENTRE 2 EATON STREET SUITE 502 HAMPTON, VIRGINIA 23060 (804)728-2087
                                                                                                                                          14
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               Mr. Burton R. Tuxford, 11                      2                     August 5, 1992


                      1.    Does the SWCB intend, as implied in the Permit Regulations, for localities
                            to prohibit discharges from cooling towers and other HVAC systems
                            from the  municipal stormwater sewer system?

                      2.    If localities are to prohibit such discharges, what regulatory approach
                            does the SWCB anticipate following to regulate them?

                      3.    If localities are to permit or authorize such discharges, what conditions
                            and permit limits should localities establish for such discharges?

                      4.    Assuming the establishment of appropriate permit limits and conditions
                            for discharge to state waters or the municipal stormwater system, could
                            the General Permit approach be used by localities in cooperation with the
                            state to address these discharges?

                      5.    If the General Permit approach is used, what potential liability may
                            localities incur due to violations of General Permit requirements by
                            discharges?

                      Based on the Subcommittee's deliberations, to date, it appears that the General
               Permit approach is the only manageable approach to dealing with what we believe is
               a sizable number of such discharges throughout the state. Estimates of cooling
               towers operating in the Hampton Roads region range from 4,000 to 15,000. The
               regional Subcommittee would be happy to work with you and other appropriate SWCB
               staff to develop an approach to the use of the General Permit authority to address
               cooling tower discharges.

                      We would appreciate your expeditious response to this request for guidance and
               would welcome your participation in the deliberations of the Cooling Tower
               Subcommittee. I will call you in t he next few days to discuss this matter with you.

                                                       Sincerely,





                                                       John M. Carlock, AICP
               JMCfh                                   Director of Physical and Environmental Planning


                                                           15









                               HAMPTON ROADS
                                                                                                                                               REBA S McCLANAN, CHAIRMAN. ROBERT M. MURPHY. VICE CHAIRMAN ROBERT G. SAGLEY. TREASURER
                               PLANNING DISTRICT COMMISSION                                                                                                                           ARTHUR L. COLLINS, EXECUTIVE DIRECTOR/SECRETARY
                                                                                                                                                                                                August 6, 1992
                                  CHESAPEAKE
                               Robert G. Bagley, City Councilman
                               Dr. Alan P Krasnoff, City Councilman
                                   James W Rawn City Manager                                                                                                                                     MAILED
                                    FRANKLIN                           Mr. Kevin Magerr
                                          
                               Robert E. Harrett. City Councilman      Stormwater Management Coordinator
                                 John J Jackson City Manager           U.S. Environmental Protection Agency                                                                                AUG 6 - 1992
                                     HAMPTON                           Region III                                                                                                               HRPDC
                               T Melvin Butler Vice Mayor              841 Chestnut Street
                                James L Eason, Mayor
                               Robert J. O'Neall Jr., City Manager     Philadelphia, Pennsylvania 19106

                               ISLE OF WIGHT COUNTY
                               O.A. Spady. Board of Supervisors                                                                                            Re:           Stormwater NPDES
                               Myles E.Slandish County Administrator                                                                                                     Permits (POW:NPS)

                               JAMES CITY COUNTY
                               David B. Norman. County Administrator
                                David L. Sisk, Board of Supervisors             Dear Mr. Kevin Magerr
                                NEWPORT NEWS                                         The Hampton Roads Planning District Commission is a regional
                                Joe S Frank City Councilman
                                Dr. Vincent T Joseph City Councilment      planning agency representing fourteen cities and counties in the Hampton
                                 Edgar E Maronmy City Management           Roads area of Virginia. All of the Commission's member jurisdictions are
                                     NORFOLK                               required to comply, to one degree or another, with the Stormwater (NPDES)
                               Masson C Andrews. M.D. City Councilman
                               Paul D. Frank City Councilman               Permit requirements, contained in 40 Code of Federal Regulations Parts
                               Joseph A          , Mayor
                               James B. Oliver, Jr. City Manager           122, 123, and 124.
                               G. Conoly Phillips City Councilman
                                    POQUOSON                                      In developing management programs, as required by 40 CFR 122.26
                                 L Curneau Burcher, Mayor
                               Robert M Murphy City Manager               (d)(2)(iv)(B)(1), printed at 55 Federal Register 47990, November 16, 1990,
                                                                          localities in the region have identified a concern over the appropriate
                                 PORTSMOUTH                               treatment of discharges from cooling towers. Through the Hampton Roads
                               Johnny M. Clemons, City Councilman
                                V Wayne Orton, City Manager               Planning District Commission, the localities have established a
                                Gloria 0. Webb. Mayor                     Subcommittee to develop a regionally consistent policy governing cooling
                               SOUTHAMPTON COUNTY                         tower discharges and associated guidance for owners and operators of
                               Rowland L Taylor, County Administrator
                               C. Harrell Turner, Board of Supervisors    towers. This Subcommittee includes representation from local
                                                                          governments, the cooling tower industry - manufacturers, sales
                                     SUFFOLK
                               Richard L. Hedrich City Manager            representatives and engineers, building owners and managers, the State
                               S. Chris Jones City Councilmen             Water Control Board and the Hampton Roads Sanitation District.

                                VIRGINIA  BEACH
                               John A BAum, City Councilman                       A number of questions, which must be addressed prior to finalizing
                               Robert E. Fentress. Vice Mayor
                               Harold          City Councilman              a policy on the regulatory treatment of cooling tower discharges to
                               Walter E Mather           Appointee
                                      S McClanan  City Councilwoman         municipal stormwater systems remain outstanding. On behalf of the
                                      Meyera E           Mayor
                                      James R Spore City Manager            Committee, the staff of the HRPDC has requested guidance from the
                                      WILLIAMSBURG                          Virginia State Water Control Board on a number of these issues. However,
                               John Hodges Mayor                            we find that one issue is inherent in the language of the Stormwater NPDES
                               Jackson C Tullhe II, City Manager            Permit regulation itself. We believe that only EPA can provide the
                                 YORK COUNTY                                necessary guidance on this issue.
                               Paul W German, Board of Supervisor                               Donald M Stucon, County Administrator                           HEADQUARTERS THE                 123 WOODLAKE DRIVECHESAPEAKE, VIRGINIA 23320 8044208300                                                                                                 PENINSULA OFFICE HARBOUR CENTRE, 2 EATON STREET SUITE 502 HAMPTON VIRGINIA      8047282087
                                                                                                                              16
 






               M r. Kevin Magerr                        2                             August 6, 1992


                      It-is -our.und erstand ing from the regulations that the local management program
               is to include a prohibition on illicit discharges to the municipal stormwater sewer
               system. In discussing this issue on page 48037 of the Stormwater NPDES Permit
               Regulations, printed at 55 Federal Register 47990, November 16, 1990, it is indicated
               that a number of commentors suggested that uncontaminated waters from cooling
               towers and other non-contact cooling waters should not be governed by this
               prohibition. Later on this same page, EPA indicates its disagreement with these
               comments.   *It then lists a number of categories of non-stormwater discharges that
               should be addressed by the local management program only where they are identified
               as "sources of pollutants to waters of the United States." Cooling tower discharges
               and non-contact cooling waters are not included in these categories. This latter
               comment is also true of the regulatory language itself, found on page 48071. We
               would appreciate your guidance on the reason for this apparent discrepancy in
               consideration of cooling tower discharges.

                      In addition, we would appreciate any information that you may have concerning
               how this issue is being addressed in other EPA regions. What regulatory approach is
               being used? What recommendations are being provided to local governments and the
               industry by other states and EPA regions?

                      We would appreciate your expeditious response to this request for guidance.
               If you have any questions, please do not hesitate to call.

                                                        Sincerely,




                                                        John M. Carlock, AICP
                                                        Director of Physical and Environmental Planning



               JMC:fh

               cc:    Mr. Burton R. Tuxford    11 - SWCB-HQ













                                                        17


Hampton Roads                  REBA S. McMCLANAN, CHAIRMAN ROBERT M. MURPHY, VICE CHAIRMAN ROBERT G. BAGLEY, TREASURER
PLANNING DISTRICT COMMISSION									ARTHUR L. COLLINS, EXECUTIVE DIRECTOR/SECRETARY
																October 14, 1992


	CHESAPEAKE
Robert G. Bagley, City councilman
Dr. Alan P. Krasnoff, City Councilman	Mr. Richard N. Burton, Executive Director
James W. Rein, City Manager			State Water Control Board
							P.O. Box 11143
							Richmond, Virginia 23230
	FRANKLIN
Robert E. Harrell, City Councilman								Re:   Stormwater NPDES Permits
John J. Jackson, City Manager										(POW:NPS)


	HAMPTON					Dear Mr. Burton:
T. Melvin Butler, Vice Mayor				The Hampton Roads Planning District Commission has established two
James L. Esson, Mayor				Regional Advisory Committees to address matters affecting the Chesapeake Bay and
Robert J. O'Neil, Jr., City Manager		Stormwater Management. Htese Committees, the Regional Stormwater
							Management Committee and Hampton Roads chesapeake Bay Committee, are
							comprised of representatives of the region's fourteen local governments and
	ISLE OF WIGHT COUNTY			appropriate state agencies. A representative of your staff is an active participant
O.A. Spady, Board of Supervisors		in the deliberations of the Regional Stormwater Management Committee. The
Myles E. Standish, County Asministrator	Committees have discussed stormwater management issues at great lenght. They
							are presenty addressing two issues, cooling tower discharges to the municipal
							stormwater system and construction activities, that could appropriately be
	JAMES CITY COUNTY				considered in the context of the SWCB's General Permit authority.
David B. Norman, County Administrator
David L. Sisk, Board fo Supervisors			You may already be aware of the Committee's consideration of the cooling
							tower issue. A Cooling Tower Subcommittee, comprised of representatives of the
	NEWPORT NEWS				Hampton Roads localities, cooling tower, water treatment and building industries,
Joe S. Frank, City Councilman			and the Hampton Roads Sanitation District, has been working for several months
Dr. Vincent T Jospeh, City Councilman	to develop a regionally consistent policy and guidance on the management of such
Edgar E. Maroney, City Manager		discharges. In fact, the Committee has requested guidance from your staff on
							permitting approaches and from EPA on interpretation of regulation. Because of
	NORFOLK					impending regulatory deadlines facing the localities, it is imperative that specific
Mason C. Andrews, M.D., city Councilman	guidance be received from the SWCB.
Paul O. Freim, City Councilman
Jospeh A. Leate, Mayor					Based on the work of the Subcommittee, the Committees believe that the
James B. Oliver, Jr., City Manager		NPDES General Permit approach will be the best vehicle for addressing colling
G. Conoly Phillips, City Councilman		tower discharges. The management strategy for such discharges, being developed
							by the Cooling Tower Subcommittee, will be presented to the HRPDC for
	POGUOSOM					consideration at its November 16, 1992 Executive Committee Meeting. to facilitate
L. Cornell Burcher, Mayor			finalization of this policy and to permit localities sufficient opportunity to incorporate
Robert M. Murphy, City Manager		this policy into their management programs, the HRPDC staff, on behalf of the two
							Regional Advisory Committees, requests that the SWCB provide flexibility to the
	PORTSMOUTH					localities in establishing their ordinances prohibiting non-stromwater discharges to
Johnny M. Clemons, City Councilman		the stormwater system. The HRPDC believes that the Policy,being developed, will
V. Wayne Orton, City Manager			satisfactorily address this issue and will provide the SWCB with a reasonable basis
Gloria O. Webb, Mayor				for developing a VPDES General Permit (Point Source) for such discharges.

	SOUTHAMPTON COUNTY	
Rowland L. Taylor, County Administrator
C. Harrell Turner, Board of Supervisors

	SUFFOLK	
Richard L. Hedrick, City Manager
S. Chris Jones, City Councilman

	VIRGINIA BEACH
John A. Baum, City Councilman
Robert E. Femtress, Vice Mayor
Harold Heischober, City Councilman		HEADQUARTERS THE REGIONAL BUILDING 723 WOODLAKE DRIVE CHESAPEAKE, VIRGINIA 23320 (804)420-8300
Walter E. Masher, Citizen Appointee		PENINSULA OFFICE HARBOUR CENTRE, 2 EATON STREET SUITE 502 HAMPTON, VIRGINIA 23320 (804) 728-2067
Reba S. McClanan, City Councilwoman
Meyara E. Oberndorf, Mayor
James K. Spore, City Manger

	
	WILLIAMSBURG
John Hodges, Mayor
Jackson G. Tuttle, II, city Manager


	YORK COUNTY
Paul w. German, Board of Supervisors
Daniel M. Stuck, County Administrator
	


								18


                          








               Mr. Richard N. Burton                        2                                 October 14,1992




                       In their most recent discussions, both Committees have addressed the issue of permits
               for Construction Activities. The HRPDC staff understands that in a recent California case, the
               federal courts have ruled that the current exemption for construction activities affecting less
               than five acres is arbitrary and directed EPA to develop a new regulatory approach governing
               all construction activities. The HRPDC believes that consideration of individual permits for all
               construction activities will overwhelm the permit system and result in significant and
               widespread opposition to the permit program. This situation is likely to be exacerbated by the
               potentially conflicting regulations governing construction and development activities under a
               Variety of Virginia programs. Again, it appears that the VPDES General Permit (Stormwater)
               approach is the appropriate vehicle for resolving this issue. The SWCB's action at its
               September 1992 Meeting to promulgate, as an Emergency Regulation, a Stormwater General
               Permit and Registration Statement, indicates that it recognizes the viability of this approach.
               It appears that EPA also recognizes the reasonableness of this approach in its September 9,
               1992 regulations governing such activities in those states that have not received NPDES-
               permitting authority.

                       To facilitate compliance with the requirement for permits for construction activities,
               the HRPDC staff and Committees concur with the SWCB's intent to use its General Permit
               authority for such activities. However, it should be noted that the Stormwater Permit
               regulations overlap and may duplicate existing state requirements under the Chesapeake Bay
               Preservation Act, State Stormwater Management Law and the Erosion and Sediment Control
               Law. Therefore, the HRPDC recommends that the General Permit for Construction Activities
               include conditions, requiring as follows:

                       1.     Compliance with local CBPA programs and/or State Stormwater Management
                              programs, where they have been adopted.

                       2.     Compliance with local Erosion and Sediment Control Ordinances.

                       3.     Compliance with all other local permit requirements and development
                              regulations.

               The Permit should indicate that compliance with the above-noted requirements will be deemed
               to be compliance with the General Permit. The HRPDC believes that this approach will
               facilitate integration of the various stormwater management requirements that already affect
               development and construction activities and will result in improved management. It is also
               generally consistent with the approach taken by EPA in its-September 9, 1992 General Permit
               regulations.











                                                                19









               Mr. Richard N. Burton                     3                                October 14,1992




                      The staff of the Hampton Roads Planning District Commission, on behalf of the
               Commission's Regional Stormwater Management and Hampton Roads Chesapeake Bay
               Committees, appreciate the opportunity to provide these comments for consideration by the
               State Water Control Board as it moves to develop General Permits @ for stormwater
               management. Staff from the HRPDC and its member localities would be pleased to work with
               your staff in the development of these regulations. The HRPDC would also appreciate your
               expeditious guidance on these matters so that local programs can be developed and finalized
               in a timely fashion. If you have any questions, please do not hesitate to call me or John
               Ca.rlock of the staff.

                                                         Sincerely,




                                                         Arthur L. Collins
                                                         Executive Director/Secretary


               JMC:dIs


               cc:    Mr. R. Keith Bull, CBLA0
                      Mr. J. Robert Hicks, DCR
                      Mr. Jack E. Frye, DSWC



























                                                          20


HAMPTON ROADS					JOE S. FRANK, CHAIRMAN DR. ALAN P. KRASNOFF, VICE CHAIRMAN V. WAYNE ORTON, TREASURER
PLANNING DISTRICT COMMISSION										   ARTHUR L COLLINS, EXECUTIVE DIRECTOR/SECRETARY	
														   November 18, 1992
															
	CHESAPEAKE
Clarence v. Cuties, Acting City Manager
Arthur I. Dwyer, City Councilman
Dr. Alan P Krasnott, City Councilman

	FRANKLIN					Mr. Richard N. Burton, Executive Director
Hubert E Harrott, City Councilman		State Water Control Board
John J Jackson, City Manager			P.O. Box 11143
							Richmond, Virginia 23230
	HAMPTON
T Melvin Butier, Vice Mayor
James L. Eason, Mayor											Re:  Stormwater NPDES Permits
Hubert J. O'Neil, Jr, City Manager									     (POW:NPS)

	ISLE OF WIGHT COUNTY
D A. Spady, County Supervisor			Dear Mr. Burton:
Myles E Standish, County Administrator		The Regional Stormwater Management Committee of the Hampton
							Roads Planning District commission held its regular monthly meeting on
	JAMES CITY COUNTY				November 6, 1992. As you are aware, this Committee is comprised of
David B. Norman, County Administrator	representatives of the region's fouteen local governments, the Hampton
David L Sisk, County Supervisor		Roads Sanitation District and the State Water Control Board. At its
							November 6, 1992 meeting, the Committee requested the staff of the
	NEWPORT NEWS				HRPDC to request information and guidance from the SWCB on a number
Charles C Aliers, City Councilman		of issues, concerning the stormwater permit program. This guidance is
Joe S Frank, City Councilman			necesary to facilitate implementation of local stromwater management
Edgar E Maroney, City Manager			programs, including development of Part II Stormwater NPDES Permit
							applications. Specific issues include:
	NORFOLK
Mason C Andrews, M.D. Mayor
Paul D Fraim, City Councilman				1.	What industrial facilities have applied for Stormwater NPDES
James B. Oliver, Jr, City Manager				Permits? Please provide a listing, by locality in Hampton
G. Conoly Phillips, City Councilman				Roads, of such facilities, if available. It would be most useful
W. Randy Wright, City Councilman				if this listing included facility name, address and contact
									person.
								2.	Will the Virginia Department of Transportation submit
	PODUOSON							applications for stromwater NPDES Permits for highway and
L. Cornell Burcher, Mayor					related facilities? what guidance is being provided by the
Robert M Murphy, City Manager					SWCB to VDOT concerning this issue? Shoud VDOT apply
									separately for permits or be treated as a co-permittee under
	PORTSMOUTH							local Permit applications? This is complicated by the issue of
Johnny M. Clemons, City Councilman				the appropriate party to maintain drainage facilities in, or
V Wayne Orton, City Manager					associated with, VDOT rights-of-way in counties.
Gloris O Webb, Mayor

	SOUTHAMPTON COUNTY
Rowland L. Tayka, County Administrator
c. Harriett Turnerk County Supervisor

	SUFFOLK
Richard H Harris, City Councilman
Richard L Hourich, City Manager

	VIRGINIA BEACH
John A. Baum, City Councilman
James W. Braum, Jr., City Councilman	HEADQUARTERS THE REGIONAL BUILDING 723 WOODLAKE DRIVE CHESAPEAKE, VIRGINIA 23320 (804) 420-8300
Robert W. clyburn, City Councilman		PENNSULA OFFICE HARBOUR CENTRE 2 EATON STREET SUITE 602 HAMPTON VIRGINIA 23320 (804) 728-2067
Louis R. Jones, City Councilman
Walter E. Mainer, Citizen Appointee
Meyera E. Oberndoll, Mayor
James K. Spore, City Manger

	WILLIAMSBURG
Mary Lord Daring, City Councilwoman
Jackson C Tuttle, II, City Manager

	YORK COUNTY
Paul W Garman, County Supervisor
Daniel M. Sluca, County Asministartor


                            			21








               Mr. Richard N. Burton                        2                    November 18,1992


                      3.    What provision, if any, is the SWCB making for funding to localities for
                            construction and/or operation of stormwater facilities necessary to meet
                            the requirements of the Stormwater NPDES Permit program?                If
                            provisions have not been made to date, the Committee suggests that the
                            State Revolving Loan Fund be expanded to Include funding for
                            stormwater management facilities as well as for wastewater treatment
                            facilities. It is our understanding that a number of other states are
                            pursuing that approach to funding of stormwater facilities.

                      The staff of the Hampton Roads Planning District Commission, an behalf of the
               Commission's Regional Stormwater Management and Hampton Roads Chesapeake
               Bay Committees, would appreciate your expeditious guidance on these matters to
               facilitate continued development of local programs. If you have any questions. please
               do not hesitate to call me or John Carlock of the staff.

                                                            Sincerely,





                                                            Arthur L. Collins
                                                            Executive Director/Secretary


               JMC:f h


               bc: Burt Tuxford






























                                                       22


HAMPTON ROADS				JOE S. FRANK CHAIRMAN DR. ALAN P. KRASNOFF VICE CHAIRMAN V WAYNE ORTON. TREASURER
PLANNING DISTRICT COMMISSION									ARTHUR L COLLINS EXECUTIVE DIRECTOR/SECRETARY

															November 18, 1992

	CHESAPEAKE
Clarence V Cutters, Acting City Manager
Arthur L. Dwyer, City Councilman			Mr. Richard N. Burton, Executive Director
Dr. Alan P. Krasnoff, City Councilman		State Water Control Board
								P.O. Box 11143
	FRANKLIN						Richmond, Virginia 23230
Robert E. Harrell, City Councilman
John J Jackson, City Manager
															RE:  Cooling Tower Policy
	HAMPTON													     (POW:NONPOINT)	
T. Melvin Butler, Vice Mayor
James L. Eason, Mayor					
Robert J. O'Neill, Jr., City Manager		Dear Mr. Burton:
									At its November 18, 1992 Executive Committee Meeting, the
	ISLE OF WIGHT COUNTY				Hampton Roads Planning District Commission endorsed the enclosed
D A Spady, County Supervisor				Cooling Tower Discharge Policy and Guidance Manual. The document
Myles E. Standish, County Administrator		is also being forwarded to the region's fourteen localities, the
								Hampton Roads Sanitation District and to the other twenty Planning
	JAMES CITY COUNTY					District Commissions in the state for consideration.
David B. Norman, County Administrator
David L. Sisk, County Supervisor
									The Policy was developed by the Commission's Regional
	NEWPORT NEWS					Stormwater Management Committee, Cooling Tower Subcommittee.
Charles C. Allan, City councilman			It represent a consensus of staff representatives of the localities,
Jon S. Frank, City councilman				HRSD, your agency, the cooling tower and water treatment industries
Edgar E. Maroney, City Manager			and building owners. The Commission believes that it represents a
								reasonable approach to management of discharges from cooling
	NORFOLK						towers that will enable local governments and tower owners and
Mason G. Andrews, M.D., Mayor				operators to comply with the NPDES Permit requirements for both
Paul D. Fraim, City Councilman			municipal stormwater systems and point source discharges.
G. Conoly Phillips, City Councilman
W. Randy Wright, City Councilman
									Based on previous staff discussions and correspondence, the
	POQUOSON						HRPDC understands that the SWCB is willing to work with the 
L. Cornell Burcher, Mayor				Commission and its Cooling Tower Subcommittee to develop a 
Robert M. Murphy, City Manager			General Permit covering cooling tower discharges. The HRPDC, its
								member localities and its Cooling Tower Subcommittee look forward
	PORTSMOUTH						to the opportunity to work with you in addressing this important issue.
Johnny M. Clemons, City Councilman
V. Wayne Orton, City Manager
Gloria O. Webb, Mayor						The Hampton Roads Planning District Commission urges the
								State Water Control Board to give the Regional Policy, including the
	SOUTHAMPTON COUNTY				recommended General Permit careful consideration in the commended
Rowland L. Taylor, County Asministrator	
G. Harroll Turist, County Supervisor

	SUFFOLK
Richard R. Harris, City Councilman
Richard L. Hedrick, City Manager
								HEADQUARTERS THE REGIONAL BUILDING 723 WOODLAKE DRIVE CHESAPEAKE, VIRGINIA 23230 (804) 420-8300
	VIRGINIA BEACH					PENINSULA OFFICE HARBOUR CENTRE 2 EATON STREET SUITE 502 HAMPTON, VIRGINIA 23230 (804) 720-2067
John A Baum, City Councilman
James W. Bracier, Jr., City Councilman
Robert W. Clyburn, City Councilman
Louis M Jorwa, City Councilman
Walter E Matthew, Citizen Appointee
Marmia E. Obernodorf, Mayor
James K. Spore, City Manager

	WILLIAMSBURG
Mary Lord Darling, City Councilwoman
Jackson C Tulsa, II, City Manager

	YORK COUNTY
Paul W Garman, County supervisor
Darius M Stuca, County Administrator

								23



                            









             Mr. Richard N. Burton
             Page 2
             November 18, 1992


             development and refinement of the VPDES Program. If you have any questions or
             need further Information, please do not hesitate to contact Arthur L. Collins, HRPDC
             Executive Director.'

                                                         Sincerely,




                                                         Joe S. Frank
                                                         Chairman


             JSF:kI


             Enclosure






































                                                    24








                        COMMONWEALTH of VIRCiINIA
                              STATE WATER CONTROL BOARD

                                           1  7
            Ridsord N. Burton          0 T
            Executive 01nme4or


            POO Office BOX 11143
         Richmond@ Virginia 23230,1143
             (804) 527-5000
            TUD (804) SV-4201
            Mr. Arthur L. Collins
            Executive Director/Secretary
            Hampton Roads Planning District Commission
            The Regional Building
            723 Woodlake Drive
            Chesapeake, Virginia 23320

            Dear Mr. Collins:

                Thank you for your letter of October 14, 1992, regarding the
            development of VPDES general permits for cooling tower discharges
            and construction activity storm water discharges.

                The guidance you requested earlier from the State Water
            Control Board (SWCB) staff relative to cooling tower permitting
            approaches will be forthcoming in the next few days.

                As you suggested, the general permit approach may be the
            best way to handle permitting of cooling tower discharges.
            However, at this time we do not know the magnitude of the
            potential cooling tower systems statewide that may require a
            permit. Also, the nature of the discharge from the different
            types of these systems needs to be characterized in detail so
            that appropriate general permit effluent limitations/controls can
            be developed to protect the water quality in State waters. We
            would welcome information from your subcommittee relative to the
            above issues. If the findings of the subcommittee and the SWCB
            so warrant, we would welcome your input and assistance in the
            development of a general permit for this category of discharger.

                You have requested that the SWCB provide flexibility to the
            municipalities in establishing their ordinances prohibiting non-
            storm water discharges to the separate storm sewer systems.
            municipalities must prohibit non-storm water discharges to these
            systems as described in the federal regulations as a part of the
            municipal storm sewer permit process. If these discharges are
            not prohibited, the municipal conveyances are subject to VPDES
            regulation under sections 301 and 402 of the Clean Water Act.
            The SWCB will work with the municipalities through the storm
            water permit program to establish ordinances prohibiting non-
            storm water discharges to the separate storm sewer systems.
            However, we can only be as flexible as the federal regulations
            allow in this regard.


                             4900 Cox Road. Innsbrook Corporate Center

                                          25










            Mr. Arthur Le Collins
            Page 2



                 The SWCM, has begun the development of storm water general
            permits for construction activities. We will be basing our
            initial drafts of the general permit on EPA's storm water general
            permit for construction sites that was published in the September
            9, 1992, Federal Register (57 FR 41176). Regarding the
            regulatory overlap of requirements for construction activities.,
            the SWCB. requirements are dictated by State Water Control Law and-
            federal Clean Water Act requirements. As you suggested, storm
            water general permit requirements will be based on the
            requirements of these regulations. Local, CBPA and Erosion &
            Sedimentation requirements can be more restrictive than those
            developed by the SWCB, but we may not relax the requirements of
            the above regulations. We would welcome your input in the
            general permit development process as we proceed in the next few
            months.

                 If you have any questions or need further clarification,
            please let us know.

                                          sincerely,


                                                 ...4


                                          Richard N. Burton
                                          Executive Director































                                            26








                       COMMONWEALTH of VIRCRNIA
                              STATE WATER CONTROL BOARD
            Richard N. Button
            Execud" 01110ctor         October 30, 1992
             P. 0. Box 11143
         Richmond. Virginia 23230-1143
             (8041527-5000
           MO (804) 527-4261



           Mr. John M. Carlock
          ..Director of Physical and
            Environmental Planning.
           Hampton Roads Planning District commission
           The Regional Building
           723 Woodlake Drive
          -Chesapeake, Virginia 23320

           Dear Mr. Carlock:

                Thank you for your letter of August 5, 1992, requesting
           guidance regarding the regulatory treatment of cooling tower
           discharges to municipal separate storm sewer systems.

                Our response to the issues raised in your letter is as
           follows:

             1. The federal storm water regulations (55 FR 47990) require
                municipalities to prohibit "non-storm water" discharges to
                the municipal separate storm sewer systems. According to-
                the regulations and EPA's preamble discussion, this includes
                discharges from cooling towers and non-contact cooling water
                (such as heating, ventilation and air conditioning (HVAc)
                water). The only discharges of this nature that are allowed
                are air conditioning condensation water where these
                discharges are not sources of pollutants to waters of the
                United States.

                Municipal conveyances which continue to accept unpermitted
                "non-storm water" discharges (other than those excepted by
                the regulation) do not meet the definition of municipal
                separate storm sewer and are subject to VPDES regulation/
                permitting under sections 301 and 402 of the Clean Water
                Act.

             2. The SWCB would regulate discharges from cooling towers and
                other HVAC systems through the VPDES permitting program,
                either through individual permits or through a general
                permit specifically promulgated for this category of
                discharger.



                            4900 C,,.@x R ic-cwt. C.-rrmunrc- Caifcr
                                         C-M POI


                                         27










           Mr. John M. Carlock
           Page Two


              3. Localities do not have VPDES permitting authority. only the
                SWCB can issue permits to authorize the discharge of
                pollutants. Municipalities can only authorize "non-storm
                water" discharges to their separate storm sewer systems as
                described in the federal storm water regulations.

              4. The general permit approach may be appropriate for this
                class of discharger. It may be possible for the SWCB to
                work in conjunction with the municipalities in the
                identification of dischargers and coordination of the
                general permit for such discharges. The permits would    have
                to be issued by the SWCB, but it may be appropriate to   use
                the municipal storm water permitting program/process to
                assist with this permitting.

              5. Cooling tower permits and/or general permits would be issued
                and enforced by the SWCB. I   am unaware of any liability
                that municipalities would incur regarding this permitting.,
                However, municipalities should check with their legal
                counsel on this point*to be safe.

                Medium and large municipalities will be issued a permit by
                the SWCB for their separate storm sewer systems. As a part
                of this permit, municipalities may be required to ensure
                that all "non-storm water" discharges to their system (other
                than those excepted by the regulation) are either permitted
                by the SWCB, conveyed to a sanitary sewer or eliminated.

                The general permit approach may be the best way to handle
           VPDES permitting of cooling tower and other HVAC discharges. At
           this time we have very little information regarding the number of
           potential cooling tower systems statewide that may require a
           permit. Also, the nature of the discharge from the different
           types of these systems needs to be characterized in detail so
           that appropriate general permit effluent limitations/controls
           could be developed to protect the water quality in state waters.
           We would welcome any inf ormation from your subcommittee relative
           to the above issues. If we decide to proceed with the
           development of a general permit f or cooling tower and other HVAc
           systems we would welcome your input and assistance.
                if you have any questions or need further assistance, please
           give me a call.

                                          Sincerely,



                                          Burton R. Tuxford
                                          Storm Water Coordinator




                                           28







                                                                              HRPDC
                                                                          ORI


                       COMMONWEALTH of VIRCjINIA
                             STATE WAM C01MOL BOARD                         -------
            Richad N. Burton          DEC   1 1992
            Executhm Director


            P0,31 OffIC9 BOX 11143
         Richmond, VIrginia 23230-1143
            (804) 627-M
            MD (804) 5274261
                                                                         3 @Iqj
                                                                    V,


            Mr.-Arthur L. Collins
            Executive Director/Secretary                               f      r13
            Hampton Roads Planning District Commission
            The Regional Building
            723 Woodlake Drive
            Chesapeake, Virginia 23320
            Dear Mr. Collor,

                Thank you for your letter of November 18, 1992, requesting
            information and guidance relative to the VPDES storm water
            permitting program.

                The Board received several thousand VPDES storm water permit
            applications in the form of individual applications and General
            Permit Notices of Intent from industrial facilities in Virginia
            to satisfy the federal October 1, 1992 deadline. We are in the
            process now of reviewing and cataloging these applications and-
            forms. In the near future, the application data will be entered
            into a computer database. When this is complete, we will be able
            to provide the lists of applicants you have requested.

                The Virginia Department of Transportation (VDOT) has
            submitted VPDES storm water permit applications for each of their
            covered industrial activities statewide. Highways are not a
            covered industrial activity under the federal regulations. EPA
            has suggested that state highway departments submit applications
            as "co-applicants" where they have responsibility for road
            systems within municipalities that are required to file storm
            water permit applications for their municipal separate storm
            sewer systems. However, the Board has made no decision on this
            matter. We will be discussing this proposal with VDOT in the
            near future.

                The Board has made no provisions for funding to localities
            for construction and/or operation of storm water facilities
            necessary to meet the requirements of the VPDES storm water
            permitting program. it is not known, at this time, if the State
            Revolving Loan Fund can be expanded to include funding for storm
                                        QD


                                                                             _x@

































                             4900 Cox Road. Innsbrook Corporate Center
                                         29











           Mr. Arthur L. Collins
           Page Two




           water management facilities. We appreciate the suggestion and
           will look into this possibility as part of the storm water permit
           program development.

                If you need further information or assistance, please
           contact me.

                                         Sincerely,



                                         Richar N. Burton
                                         Executive Director


           cc: Mr. Burt  Tuxford, OWRMISWCB
                                             irl @N.Buz











                                           30









                        COMMONWEALTH of VIRCiINIA
                               STATE WATER CONTROL BOARD
             Richard N. Burton         Ec
             Execull" Director        LIE 1 4 1992

              P. 0. Box 11143
         Richmond. Virginia 23230-1143
             (804) 527-5000
            TDD (804) 527-4261



            Mr. Joe S. Frank, Chairman
            Hampton Roads Planning District Commission
            The Regional Building
            723 Woodlake Drive
            Chesapeake, Virginia 23320

            Dear Mr. Frank:

                Thank you for your letter of November 18, 1992, regarding
            the HRPDC Cooling Tower Policy and the development of VPDES
            general permits for.cooling tower discharges.

                The SWCB acknowledges that there is a potential problem with
            unpermitted discharges from cooling tower systems throughout the
            State. The Board also agrees that the general permit approach
            may be the best way to handle permitting of many of these
            discharges. However, we are not in a position at this time to
            develop such a permit in the immediate future.

                As we stated in our letter to Mr. Collins  on October 27,
            1992, presently we do not have any information regarding the
            magnitude or potential water quality impacts from cooling tower
            systems. The nature of the discharge from the different types of
            these systems needs to be characterized in detail so that
            appropriate water quality based effluent limitations can be
            developed and evaluated.  We would welcome information from the
            PDC and the Cooling Tower Subcommittee relative to the above
            issues.

                If the Board decides  to proceed with the development of a
            general permit for cooling tower discharges, we would welcome the
            PDC's input and assistance in the process. If we can be of'
            further assistance,-please let us know.

                                          Sincerely,



                                         Richar N. Burton
                                         Executive Director
                                               d




                         31








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