[From the U.S. Government Printing Office, www.gpo.gov]
PHASE II STORM WATER MANAGEMENT PLAN
FOR THE
LAKE ERIE WATERSHED
INTERIM REPORT
FOR THE PERIOD FEBRUARY 2, 1993 THROUGH SEPTEMBER 30, 1994





DER GRANT/CONTRACT NO. - CZ1:93.01PE
GRANT TASK NO. - CZ1:93PE.06
ME NO. - 93229

						Coastal 										
							Funded and Coordinated							NOAA
						through Department of Environmental Resour=
						ses, Office of Resources Management, Bureau
						of Resources Management, Division of Coast-
PENNSYLVANIA				al Zone Management and the Erie County De-
DER						partment of Planning.
												Zone




A report of the Pennsylvania Department of Environmental Resources
to the National Oceanic and Atmospheric Administration Pursuant to 
NOAA Award No. - NA370Z0351










                                  TABLE OF CONTENTS




        Part 1:         Project Status Report

        Part 2:         Newsletters

        Part 3:         Draft copies of Sections I and 2 of the Final
                        Report

                              Section 1: Introduction
                              Section 2: Legal Framework f or Storm Water
                              Management




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                          PART 1: PROJECT STATUS REPORT
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                                                                    CHESTER
                                                      </400 ENVIRONMENTAL

            Ref. No. 4026-02

            October 5, 1994


            Mr. John Mong
            Erie County Department of Planning
            Erie County Court House
            Erie, Pennsylvania 16501

            Dear Mr. Mong:

            Re: Lake Erie Area Watershed Stormwater Management Plan
                 18-Month Project Status Report

            In accordance with your request, I am pleased to provide the following report on the status of
            the Lake Erie Area Watershed Stormwater Management Plan.

            GENERAL

            On March 1, 1993, Erie County authorized Chester Environmental to complete a Phase II
            Pennsylvania Act 167 Watershed Stormwater Management Plan for the Lake Erie Watershed.
            According to the requirements of the Commonwealth of Pennsylvania's agreement with Erie
            County and the County's agreement with Chester Environmental, the plan is to be completed
            by June 30, 1996. The total budget for the project is $323,818 (Chester Environmental,
            $230,082; Erie County, $93,736). Pennsylvania will reimburse the County 75 percent of the
            total project cost.

            The County's agreement with the Commonwealth specifies the following payment schedule:

                                                                                    Cumulative Payment
                 Period            Payment for Period      Cumulative Payme           (Percent of Total)

             1/2/93 - 6/30/93        $ 8,550.00               $ 8,550.00                      3.5
             7/l/93 - 6/30/94          80,000.00                  88,550.00                  36.5
             7/l/94 - 6/30/95          80,000.00                 168,550.00                  69.4
             7/l/95 - 6/30/96          74,313.50                 242,863.50                 100.0


            WORK PROGRESS AS OF SEPTEMBER 1, 1994

            The following paragraphs   describe our work progress and status of our charges to the project
            as of September 1, 1994. The charges presented in this report include billed charges through
            July 31, 1994, and unbilled charges through September 1, 1994.

            Task 1-Project Initiation

            This task covers the administrative work required to initiate the agreements between the
            Pennsylvania Department of Environment (DER), the County, and Chester Environmental.


                                                                    600 Clubhouse Drive
                                                                    Moon Township, Pennsylvania 15108
                                                                    412-269-57M: Pax 412-269-5749






           Mr. John Mong
           Page 2
           October 5, 1994



           Task 1 was completed at the inception of the project. This included meetings and negotiations
           with DER, preparation of the documents required to proceed to Phase 11, and execution of our
           contract with Erie County.

           No work remains to be completed under this task.

           Billings under this task total $3,536.00 or 99.75 percent of the budgeted total ($3,548).

           Task 2-Project Coordination/Public Participation

           This task consists of project coordination and reporting requirements as well as implementing a
           public participation program consisting of a project newsletter, meetings with the Watershed
           Plan Advisory Committee, a training session, and public hearing.

           Task 2 will be ongoing throughout the project. Elements of this task completed to date include
           conducting two Phase 11 Watershed Plan Advisory Committee (WPAC) meetings and issuing
           ten newsletters to the WPAC members and other interested parties.

           Work remaining to be completed under this task consists of the continued publication of the
           newsletter and conducting the three remaining )ATAC meetings, training session, and public
           hearing.

           Charges under this task total $18,481.50 or 63.2 percent of the budgeted total ($29,264).

           Task 3--Data Collection Review and Analysis

           Task 3 involves the efforts required to gather, review, and analyze the basic information
           required to complete the technical and institutional planning steps.

           The following work has been completed under this task:

           n   Collection, review, and compilation of flood problem information from Flood Information
               Studies completed throughout the watershed.

           0   Analysis of Flood Information Studies and the extraction of data describing streamflow and
               velocity relationships at various locations throughout the watershed.

           0   Collection of rainfall data from the region and the analysis of this information to produce
               the determination of storm volume/duration/frequency relationships for the region.

           M   Compilation, review, and analysis of strearn obstruction data contained in the prior plan.

           n   Identification, inspection, and measurement of additional obstructions as required to
               supplement the available information.

           x   Development of initial estimates of obstruction capacities.






            Mr. John Mong
            Page 3
            October 5, 1994


            N Collection of topographic mapping covering the area and the compilation of the hard copy
               topographic maps into a base map.

            m  Purchase of digital elevation models spanning the area.

            a  Preparation and distribution of municipal questionnaires.

            n  Compilation of the stormwater problem information contained in the municipal
               questionnaire responses.

            m  Compilation of the existing and proposed flood protection facilities information contained
               in the returned questionnaires.

            n  Contacting DER to obtain information relative to existing and proposed flood protection
               facilities in the watershed.

            a  Compilation of the existing and proposed stormwater control facility information contained
               in the returned municipal questionnaires.

            0  Obtaining and incorporating TIGER file data into the project GIS database.

            N  Obtaining and incorporating the County street centerline data into the project GIS database.

            m  Obtaining and incorporating the Landsat Thematic Mapper Imagery into the project GIS
               database.

            0  Discussing municipal questionnaire responses at the WPAC meeting.

            0  Requesting streamflow monitoring records from the City of Erie.

            0  Collecting streamflow data from U.S.G.S records.

            Work under this task is essentially complete. We are awaiting only the of receipt of additional
            available streamflow records.

            Charges under this task total $30,6.32.50 or 100 percent of the budgeted total ($30,636).

            Task 4--Institutional Data Preparation

            This task involves the evaluation of the municipal ordinances in order to prepare a municipal
            ordinance matrix. This matrix is intended to display the current stormwater management
            provisions contained in the various municipal ordinances. Work completed to date includes:

            ï¿½ Receipt of stormwater management ordinances currently in effect in the watershed.

            S Preliminary review of the content of the ordinance.

            ï¿½ Providing the County with a sample municipal ordinance matrix to be used in compiling
               the matrix for the Lake Erie Area Watershed.






           Mr. John Mong
           Page 4
           October 5, 1994



           Work remaining under this task consist of working with the County to guide the assembly of
           the ordinance matrix.

           No charges have been made to this task. Budgeted total, $2,832.

           Task 5-Data Preparation for Technical Analysis

           This task involves the engineering work necessary to transform the raw information collected
           in Task 3 into a form that can be directly used for the later technical tasks in the overall
           planning program.

           Work completed under this task includes the following:

           ï¿½   Initial classification of the satellite imagery to produce a preliminary land use
               classification.

           ï¿½   Delineation of subwatersheds and subbasins. A total of 1,603 individual subareas have
               been delineated.

           ï¿½   Digitization of the delineated subareas and incorporation of the subarea boundaries into the
               project GIS.

           ï¿½   Digital elevation models have been incorporated into the project GIS for the purpose of
               calculating subarea slope area characteristics.

           ï¿½   Digitization of the hydrologic soil group boundaries is ongoing.

           N   Stream segment length information has been measured and assembled for each of the
               1,600 delineated subareas.

           ï¿½   Locations of reported stormwater problem areas have been transferred to the base maps for
               subsequent digitization.

           ï¿½   Locations of existing and proposed flood control and stormwater management facilities
               have been transferred to the base maps for subsequent digitization.

           ï¿½   The existing land cover database and GIS coverage for use in the hydrologic model have
               been completed.

           ï¿½   Locations of reported stormwater problem areas have been digitized and included in the
               GIS.

           ï¿½   Locations of existing and proposed flood control and stormwater management facilities
               have been digitized and included in the GIS.

           ï¿½   Locations of significant obstructions have been digitized into the GIS.






           Mr. John Mong
           Page 5
           October 5, 1994


           0   Streamflow velocity information for various streams and locations throughout the
               watershed have been extracted from published flood information studies for use in
               developing travel time estimates for modeling purposes.

           m   Dimensional statistics have been developed for each of the 1,600 subareas.

           a   Digitization of the hydrologic soil group boundaries is nearing completion.

           Work remaining under this task includes incorporation of the County's land use projections,
           completion of digitizing hydrologic soil group boundaries, and completion of the GIS analysis
           to produce estimates of runoff curve numbers, impervious percentages, and ground slopes.
           Charges under this task total $44,857.50 or 83.4 percent of the budgeted total ($53,748).

           Task 6--Model Selection and Setup

           Model selection and setup involve the selection and preparation of a hydrologic model
           appropriate for the analysis of the existing and projected land characteristics of the watershed.

           Work completed to date under this task includes the following:

           ï¿½   The Penn State Runoff Model has been selected for use on this project.

           ï¿½   Input data files containing the required topology and layout information have been prepared
               for all of the watersheds.

           ï¿½   The dimensions of the runoff model have been expanded to accommodate the size of the
               Elk Creek Watershed.

           E   Data describing the physical dimensions of the subareas have been incorporated into the
               model files.

           ï¿½   Testing of the model input files has begun.

           ï¿½   Work regarding the determination of stream segment information and characteristics of
               small lakes in the watershed is underway.

           Work remaining under this task consists of the incorporation of the remaining hydrologic data
           describing the subareas and information describing the hydraulic characteristics of stream
           segments and minor lakes.

           Charges to date under this task total $21,160.00 or 94.6 percent of the budgeted total
           ($22,368).

           Tasks 7 - 9

           The following tasks consist of activities that will be completed in the later stages of the
           project. No charges have yet been made to them.






           Mr. John Mong
           Page 6
           October 5, 1994


           Task 7--Completion of Model Runs
           Task 8--Technical Standards and Criteria
           Task 9--Institutional Analysis
           The total budget for these tasks is $44,356.00.

           Task 10-Plan Report Preparation

           This task consists of the preparation of a report documenting the investigations, findings, and
           recommendations of the planning process. To date, the following work has been completed
           under this task:

           n Completion of draft Section 1 --Introduction.

           m Completion of draft Section 2--Legal Framework for Stormwater Management

           n Completion of dr   aft Section 3--Watershed Characteristics

           Work remaining under this task consists of the preparation of the report as work progresses.
           Charges to date under this task total $3,600.00 or 16.6 percent of the total ($21,620.00).

           Task 11-Plan Adoption

           Work under this task involves work to be performed in conjunction with securing plan
           adoption. This work will be completed at the close of the project.

           No charges have been made to this task which has a total budget of $2,210.00.

           Direct Costs

           Represent cost items for the purchase of data and materials, travel, mail, telephone, printing
           costs, and miscellaneous expenses.

           Charges to date total $5,102.34 or 26.2 percent of the budgeted amount ($19,500).


           STATUS OF BUDGET AND SCHEDULE

           The status of our budget and progress relative to the schedule contained in our contract with
           the County is summarized in Figure 1. This graph compares our progress and total charges by
           work task to the schedule. As is indicated in Figure 1, we are essentially on schedule for
           Tasks 1, 2, 3, 7, 8, 9, and 11. We are slightly behind schedule on Task 5, but anticipate that
           Task 5 will be completed within the next two months and will not affect our overall schedule.
           Task 4 is behind schedule. However, it is not on the critical path and can be comfortably
           completed anytime during the next six months. This is a task for which the County has the
           primary responsibility for completion. We are ahead of schedule for Tasks 6 and 10.







           Mr. John Mong
           Page 7
           October 5, 1994


           We estimate that our     work is approximately     60  percent complete versus    a scheduled
           completion rate of 57 percent as of September 1, 1994. Charges to date total      $128,035.10.
           This represents 56 percent of the total budget. The project continues to be on budget relative
           to progress and cost.


           In terms of DER's minimum progress and payment schedule, we are approximately 5 months
           ahead of schedule.

           Please contact me at 269-5828 if you have any questions.

           Very truly yours,


           John M. Maslanik, P.E.
           Technical Manager

           JMM/dje/i

           Enclosures

           cc: Sharon Knoll
  
  







                               Figure I
                  Status of Schedule and Budget


                2

                3

                4  ....

                5            ...... ..... ...-


                                                   .. ... ........
                                    ...  ..... .... .... ......... ....... .. .
                6

       Cd       7
                8
                9



                   .....  ... .. .
                10







                                      .... ...............
    Direct Costs
            Total


                 0%      20%      40%     60%      80% 100%
                            Percent of Total Effort


                   Scheduled r7@ Completed M Charged




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                                PART 2: NEWSLETTERS
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                                                    rie mwa an

                  Volume 1 Issue I                                                                                                                                            March 1993


                  Lake Erie Area                                                                                                                           Lake Erie
                  Watershed Plan Set                                                                                                                       Stormwater Mgmt.
                  To Proceed                                                                                                                               Newsletter
                                                                                                                                                           Instituted
                  On     February      9,    1993,       the
                  Pennsylvania        Department          of                                                                                               Ile Eric County Department of
                  Environmental Resources and Erie                                                                                                         Planning considers the ongoing,
                  County      signed      a     watershed                                                                                                  informed involvement of local
                  stormwater management planning                                                               (3                                          municipal officials, affected state
                  grant agreement for the preparation                                                                                                      and county agency personnel and
                  of an Act 167 Phase 11 Storinwater                                                            C3                                         interested      citizens   to   be      an
                  Management Plan.             Tle plan,                                                                                                   important aspect of the plan
                  referred to as the Lake Erie Area                                                                                                        development process. To that end
                  Stormwater Management Plan, will                                                                                                         the County intends to publish this
                  address stormwater management                                                                                                            "Lake Erie Stormwater Management
                  issues throughout 330 square miles                                                                                                       Plan Update" newsletter.
                  of Eric County which are drained by           Illustration ofstreams comprising the Lake Erie Area Watershed. (stream
                  streams which discharge into Lake             locations and municipal boundaries ejaractedfrom U.S. Census Bureau                        11is newsletter will be published
                  Erie.                                         77GERfiles)                                                                            .   semi-monthly and distributed to
                  The signing of this agreement                 Basic Goal of the Plan Is To Prevent                                                       identified interested parties. Tle
                  followed the completion of the                                                                                                           purpose of this newsletter will be to
                  Phase I Scope of Study for the                Future Flooding Problems                                                                   sustain interest in the project for the
                  watershed in June 1992 and the                                                                                                           purpose of encouraging ongoing
                  subsequent negotiation of final                                                                                                          involvement in the preparation of
                  scope and level of effort with DER-           The preparation of the Lake Erie             development activities can result in          the plan. This will be accomplished
                                                                Area      Watershed          Stormwater      substantial increases in the volume           by providing brief reports of the
                  Under the terms of the agreement,             Management Plan is mandated by               and velocity of stormwater runoff.            status of the project, outlines of
                  DER will reimburse the County 75%             the Pennsylvania Storm Water Act                                                           pending activities and general
                  of the estimated $323,800 cost of             (Act 167 of 1978). Act 167 was               Ile general goal of the Stormwater            discussions of interim findings,
                  preparing the plan.        In order to        passed in recognition that land              Management Act is to require that             conclusions and issues of concern.
                  accommodate          DER         funding      development          activities       can    stormwater       runoff     from      land
                  requirements, the plan will be                significantly increase stormwater            development activities be controlled          Readers of this newsletter are
                  completed by June 30,1996.                    runoff and thereby create flooding,          as necessary to reduce the potential          encouraged to offer their comments
                                                                erosion and sedimentation problems           for the creation of flooding,                 relative to the content of the Update
                  On March 1, 1993, Erie County                 which can damage downstream                  sedimentation or erosion problems             and other related issues.           It is
                  retained Chester Environmental as             property and threaten public safety.         downstream of the development                 anticipated that if specific local
                  the County's consultant for the                                                            sites. 'nis goal is to be achieved by         issues and concerns are expressed
                  preparation of the plan. Chester              The water that runs off of the land          instituting and enforcing municipal           as the plan is being prepared, they
                  Environmental,          which           is    into surface waters during and               ordinance provisions which require            can be effectively addressed in the
                  headquartered     in Pittsburgh, will         immediately after a rainfall event is        the proper management and control             final plan document.
                  work with Erie County Planning                referred to as stormwatcr.            The    of stormwater runoff from land
                  Department staff to provide the               amount of water which runs off of a          development sites.                              Erie County Department of
                  specialized engineering, hydrologic           particular area and the rate at which
                  modeling and planning services                the water leaves the area are largely        Ile purpose of         the stormwater           Planning:
                  necessary to complete the plan.               dependent upon the characteristics           management plan is to develop the
                                                                of the ground surface. Wooded or             specific       stormwater          control      Sharon L. Knoll
                  Having executed the agreement with            grassed areas exhibit much less              standards and criteria which will be            Erie County Court House
                  DER and retained a consultant, Erie           stormwater runoff Than what occurs           appropriate and effective         in the        Erie, PA 16501
                  County is prepared to proceed with            from paved surfaces such as roads,           watershed and to develop mod.[                  (814) 451-6336
                  the development of the plan. 11is             buildings and parking areas.                 stormwatcr management ordinance                 Chester Environmental
                  newsletter is the first step in                                                            provisions which can be used as a
                           Lake E                               Slor                             [er M agemenl                                                    UP        dale
                                                                I                                                                                 I



































                  initiating the project.                       Since land development activities            guide by municipalities as they                 John M. Maslanik
                                                                frequently involve the conversion of         adopt ordinance provisions which
                                                                land from a natural,        low runoff       they will subsequently enforce.                 Chester Environmental
                                                                potential      State (i.e. wooded,                                                           P.O. Box 15851
                                                                grassed, etc.) to a high runoff                                                              Pittsburgh, PA 15244
                                                                potential state (i.e. paved or                                                               (412)269-5828
                                                                compacted         surfaces),         land






                 2                                                                                         Lake Erie Stormwater Management Update


             Watershed Plan                                                                     Table 1                                                        Lake Erie and Elk
             Advisory                                                      Watershed Municipalities                                                            Creek Designated
             Committee to be                                                                                                                                   Watersheds Are
             Reactivated                                           Conneaut Township                            Lawrence Park Twp.                             Combined
                                                                   Elk Creek Township                           McKean Borough
             During the development of the                         Ede City                                     McKean Township                                What is now termed the Lake Eric
             Scope of Study for the Lake Fie                       Fairview Borough                             Millcreek Township                             Area watershed - originally
             and Elk Creek watersheds, the Erie                                                                                                                designated by DER under Act 167
                                                                   Fairview Township                            North East Borough                             as two separate watersheds: 1) the
             County Department of Planning                         Franklin Township                            North East Township                            Elk Creek watershed and 2) the
             assembled a Watershed Plan
             Advisory Committee (WPAC). The                        Girard Borough                               Platen Borough                                 Lake Erie watershed which was
             committee was comprised of                            Girard Township                              Springfleld Township                           comprised of the other areas of Fxie
             representatives of the municipalities                 Greene Township                              Summit Township                                County which drain into Lake Fjie
             which fie in the watersheds, staff of                 Greenrield Township                          Venango Township                               within the County.          A listing of
             affected federal, state and county                                                                                                                named streams             in the two
             agencies and interested citizens.                     Harborcreek Twp.                             Washington Twp.                                watersheds is provided in Table 2.
                                                                   Lake City Borough                            Waterford Township                             In order to reduce planning costs
             This committee met twice during the                                                                Wesleyville Borough
             preparation of the Scope of Study                                                                                                                 and avoid duplication of efforts,
             for the purpose of offering comment                                                                                                          I    Eric County        petitioned DER to
             relative    to     the     recommended          Five (5) W`PAC meetings are                      In the early months of the project,              combine the two watersheds into a
             approach to the development of the              planned to be held as the plan is                the WPAC members will be asked                   single designated watershed under
             full stormwater management plan.                being prepared. It is anticipated                to assist in securing completed                  Act 167.       A public meeting was
             The municipality representatives of             that the meetings will be held at six            questionnaire forms from their                   held on February 9, 1993 to open
             the     WPAC also provided the                  to nine month intervals during the               municipalities. The questionnaires               this proposal for public comment.
             consultant with specific information            course of the study. A "training                 will request information conceming               There were no adverse comments
             regarding stormwater issues existing            session" will be held at the close of            stormwater problems, existing and                received and receipt of formal
             in their municipalities.                        the planning process to provide an               planned stormwater and flood                     notification of the redcsignation of
                                                             overview of implementation issues.               control       facilities      and        the     the watersheds is expected shortly.
             As     we       proceed       with       the    Meetings will be held at the Erie                approximate locations of stormwater
             development of the Lake Erie Area               County Court House.                              drainage facilities. The forms will
             Stormwater Management Plan, the                                                                  be distributed prior to the first                First WPAC
             WPAC will be reactivated. To that               In addition to these scheduled                   WPAC meeting.
             end, within the next several weeks,             meetings, WPAC members will be                                                                    Meeting in April
             the     Eric       County         Planning      kept informed of progress through
             Department will be contacting the               this "Update" newsletter and other                                                                Pending the reactivation of the
             municipalities,        agencies         and     correspondence.                                                                                   WPAC, the first meeting of the
             interested parties for the purpose of                                                                                                             committee will be held in April.
             reconvening the WPAC.                  Each                                                                                                       The purposes of the meeting will be
             party will be asked to identify the                                                                                                               to    kick-off the planning effort,
             individual designated as the WPAC                                                                                                                 reintroduce the Act 167 planning
             representative. The municipalities                                                   Table 2                                                      process and discuss early data
             involved in the Lake Fxie Area                                              Named Streams                                                         collection      activities,      including
             Watershed Stormwater Management                                                                                                                   completion       of     the     municipal
             Plan arc listed in Table 1.                                                                                                                       questionnaires.       WPAC members
                                                                                                                                                               will be notified by mail of the date,
             In addition to these municipalities,                  Bear Run                                     Marshall Run                                   time and location of the meeting.
             various federal, state and county                     Brandy Run                                   McDonnel Run
             agencies will be asked to appoint or                  Cascade Creek                                Middle Run
             reappoint representatives. Private                    Crooked Creek                                Mill Creek
             individuals and interest groups                       Dewey Run                                    Orchard Beach Run                              PENNVEST for
             which have expressed an interest in                   Eightmile Creek                                                                             Stormwater
             this process will also be invited to                                                               Raccoon Creek
             participate via membership on the                     Elk Creek                                    Sevenmile Run                                  Projects
             committee.                                            Falk Run                                     Sixmile Creek                                  The PENNVEST Act of 1988 has
                                                                   Fivemile Creek                               Sixteenmile Creek                              been amended to make program
             As was       the case during the                      Fourmile Creek                               Trout Run                                      monies available to municipalities
             preparation of the Scope of Study,
             the WPAC members will be asked                        Goodban Run                                  Turkey Creek                                   and counties which are                      in
             to provide specific information                       Halls Run                                    Twentymile Creek                               compliance with Act 167. This
             concerning stormwater management                      Lawson Run                                   Walnut Creek                                   added impetus to the completion
             ssues affecting their municipalities,                                                                                                             and     implementation of                   our
             agencies or interests and to                          Little Elk Creek                             Wilkins Run                                    stormwalcr management plan will
             ciomment upon the Plan as it is                                                                                                                   be discussed in upcoming WPAC
             produced.                                                                                                                                         meetings and issues of this Update.







               4
               Ov
                       a              rie                                            an

            Volume I Issue 2                                                                                                        May 1993


                                                          Durla Lathia, of the PA Department
                                                          of Environmental Resources, provided
              First WPAC                                  an overview of the requirements of Act        Municipal
                                                          167 'the Pennsylvania Stormwater
              Meeting Held                                Management Act) and outlined the              Questionnaires
                                                          general procedures for complying with
                                                          the Act. Mr. Lathia also reviewed the         Distributed
                                                          recent changes to the PENNVEST
              The first meeting of the Lake Erie Area     program-        These changes make            The Erie County Planning Department
              Watershed Stormwater Management             PENNVEST         funds     available     to   has mailed municipal questionnaires to
              Plan    Watershed      Plan     Advisory    municipalities which are in compliance        each of the municipalities in the Lake
              Committee (WPAC) was held on April          with the requirements of Act 167 for          Erie Area       Watershed.          These
              21, 1993. The meeting was held at           the purpose of constructing stormwater        questionnaires are designed to provide
              7:00 prn in Room 117 of the Erie            management facilities. Examples of            Erie County and its consultant with
              County Court House.                         the types of stormwater projects which        information critical to the development
                                                          may be eligible include the construction      of the Lake Erie Area Watershed
              The meeting was conducted as a "kick-       of detention basins to control runoff,        Stormwater Management Plan. The
              off " to begin the process of developing    upgrades of existing storm sewer              general types of information requested
              the Lake Erie Area Watershed                systems or installation of new systems        in the questionnaire include:
              Stormwater Management Plan.            All  to address point or nonpoint source
              watershed plan advisory committee           pollution associated with stormwater          I . storm drainage / flooding problems;
              members and identified interested           runoff. Additional information can be         2.  existing and proposed flood control
              parties were invited to            attend.  obtained by calling PA DER at (717)-              projects;
              Representatives of the Pennsylvania         540-5080.                                     3.  existing and proposed stormwater
              Department       of       Environmental     John       Maslanik,       of      Chester        control facilities;
              Resources, the Erie County Planning         Environmental, presented an overview          4.  existing and proposed stormwater
              Department           and         Chester,   of the approach to be followed during             collection systems; and
              Environmental were on hand to discuss                                                     5.  additional information that the
              Act 167 stormwatcr management               the preparation of the Lake Eric Area             municipality believes should be
              issues and recent developments which        Plan. He outlined the schedule for the            considered during the preparation of
              open    Pennsylvania        Infrastructure  completion of the plan and introduced             the plan.
              Investment Authority (PENNVEST)             the municipal questionnaire.
              funds to stormwater related projects.                                                             (continued on next page)



                                                                 List of Attendees
                                                       April 21,1993 WPAC Meeting

              Mark Corey, Harborcreek T".                    Durla N. Lathia, PA DER                        David Skcllie, Erie County
              William Dunagan, Millcreek Twp.                Lynn E. Manahan, PA DER                          Planning Department
              LeRoy Gross, Erie County                       John Maslanik, Chester Environmental           Lew Steckler, U.S. S.C.S.
                Conservation District                        Chuck Maynard, Fairview Borough                Joseph Skrzypczak, Millcreek Twp.
                    L ke E                     S[ormwa[er M agemenl I pdale













              Leon Johnson, Millcreck T%N-p.                 Mike McKee, Chester Environmental              Robert Smith, Greene Twp.
              Sharon Knoll, Erie County Planning             Richard Morris, City of Erie                   Robert Snow Sr., Springfield Twp.
                Department                                   Carl D. Rupp, Greenfield Twp.                  Robert Weir, McKean Twp.
                                                             Ray Sanders, Washington Twp.                   Bill Westerberg, Girard Twp.






         +2                                                             Lake Erie Stormwater Management Update


                                                                                                         8. available information describing
         Municipal                                         Assembly of                                       measured rainfall amounts and
         Questionnaire                                     Hydrologic                                        resultant stream flows.
                                                                                                         Chester Environmental is currently
         (Continued)                                       Database                                      proceeding with the compilation of the
                                                                                                         hydrologic database. To date, the 330
         Each municipality has been requested              Proceeding                                    square mile Lake Erie Area Watershed
         to complete the questionnaire to the                                                            has been divided into over 500 sub-
         best of their knowledge and ability.                                                            drainage basins. These subbasins have
         WPAC members have been asked to                 A key element of the preparation of the         been delineated on a United States
         encourage their municipalities to               Watershed Stormwater Management                 Geological Survey (USGS) topographic
         complete the questionnaire and assist in        Plan     is    the    assembly       of     a   map base. The boundaries of each
         the completion of the forms, if                 comprehensive database describing               subbasin will be digitized into a
         appropriate.                                    factors which affect stormwater runoff          computerized geographic information
                                                         volumes and rates of flow.             These    system. Specific physical descriptions
         Several municipalities have already             factors, which are            referred to       of land cover, soil classifications, slope
         responded      and      have       submitted    collectively as a hydrologic database,          and drainage area will be assembled for
         questionnaires.                                 include      information      about       the   each of these areas and coded into the
         We recognize that the completion of             following:                                      hydrologic model.
         the    questionnaires      represents      an   I . the sizes, location and orientation of      Work has         also    proceeded with
         expenditure of time and effort on the               drainage areas;                             acquiring data from various sources,
         part of the municipalities. However,            2.  ground slopes and direction of              including the U.S. Soil Conservation
         the information which can be provided               slope;                                      Service (soils data); USGS (digital
         in this manner will be extremely                3.  soil characteristics related to runoff      elevation models); National Climatic
         important in the preparation of the                 potential;                                  and      Atmospheric         Administration
         Watershed Stormwater Management                 4.  type of land cover and amount of            (rainfall records); Earth Observation
         Plan.     Consequently, we encourage                impervious surfaces;                        Satellite      Corporation         (LandSat
         each municipality to complete and               5.  stream channel configurations;              imagery);        Federal         Emergency
         return the questionnaires to the Erie           6.  locations and characteristics of            Management            Agency           (flood
         County Department of Planning by July               major storm drainage facilities;            information studies). This information
         1, 1993.       Questions regarding the          7. historical rainfall storm information,       is being assembled as it is obtained.
         questionnaire should be addressed to                including the frequency at which
         Sharon Knoll at County Planning.                    storms of various sizes occur;




         Erie County Department of Planning
         Erie County Court House
         Erie, Pennsylvania 16501





                        a                ne                  mwa                         ana                                             a,,e**.*

              Volume I Issue 3                                                                                                           July 1993

                        Federal Flood Insurance                                                             Run are generally adequate to pass
                                                                                                            flood flows without severe backwater
                   Studies Reviewed to Identify                                                             effects if they are kept clear of debris.
                              Flood Problem Areas                                                           Fairview Township
                                                                                                            The Township has experienced few
              An important aspect of the Watershed           newsletter.     We encourage you to            serious flooding problems, probably due
              Stormwater Management Plan for the             review this information. We ask that           to a lack of development in the flood
              Lake Erie Area Watershed consists of           you use the municipal questionnaire or         plains. The drainage structures on the
              the identification of existing flooding        drop the County Planning Department            streams studied in detail in the FIS are
              problems within the watershed. This            a note to bring to our attention any           generally adequate to pass flood flows
              information is used for several                additional problem areas with which            without severe backwater effects if they
              purposes.       Most importantly, the          you may be familiar.                           are kept clear. Occasionally, a culvert
              location of existing flooding problems                                                        or bridge will clog with ice or debris
              is considered during the development           Conneaut Township                              and create a local flooding hazard.
              Of      recommended             stormwater
              management        standards.           This    The FIS does not identify any flooding         Greenfield Township
              information is also included in the            problems in the Township.
              stormwater plan document as a                                                                 No specific flooding problems are listed
              compendium of areas which should be            City of Erie                                   for Greenfield Township, although the
              considered for remedial activities.                                                           FIS indicates flooding due to heavy
                                                             The worst flood in the City's history          rains combined with snow melt in the
              Information        identifying flooding        occurred on Mill Creek in August 1915          winter and spring, ice jams in the
              problems will be obtained from several         during which time 5.8 inches of rain           spring and heavy local thunderstorms
                urces,    including      past     studies,   fell in 13-1/2 hours. On July 22, 1947,        in the summer.
              responses       to      the      municipal     significant flooding occurred when a
              so

              questionnaires and input provided by           total of 10.4 inches fell on the City          flarborcreek Township
              the members of the Watershed Plan              during a 24 hour period. Since these
              Advisory Committee.        An important        floods, a large storm drainage system          No major floods of record are reported
              source of       information concerning         has been installed to carry all or parts       within the Township. Minor flooding
              flooding problems are Flood Insurance          of Null      Creek,    Cascade       Creek,    of low lying areas occurs usually as a
              Studies (FIS) published by the U.S.            McDaniel Run and several smaller               result of spring rains and snow melt.
              Federal     Emergency        Management        streams. The FIS reports that, since the       Flash floods also occur sometimes as a
              Agency          Federal          Insurance     construction of these facilities, the City     result of severe thunderstorms.           At
              Administration.          These      studies    has experienced few flooding problems.         times.   ice jams have caused minor
              typically contain brief descriptions of                                                       backwater flooding at the State Route 5
              reported flooding problems within the          Fairview Borough                               bridge.
              municipality for which the study has
              been prepared.                                 Most flooding in the Borough is caused         Lawrence Park Township
                                                             by intense localized thunderstorms in
              Available Flood Insurance Studies for          the summer and by heavy rains                  The major flood of record on McDaniel
              the municipalities in the Lake Erie            combined with snow melt in the winter          Run and Fourmile Creek occurred as a
                    L ke E Slor                                            [er M                    gemenl                   UP      d













              Area Watershed have been obtained.             and early spring. The Borough has              result of the intense storm described
              These studies have been reviewed to            experienced few serious flooding               previously under the City of Eric
              cx1ract information which describes            problems in the past, probably due to a        discussion. Flooding has also occurred
              reported flooding problems.            This    lack of development in the flood plains.       along the small unnamed tributary
              information is summarized in this              The drainage structures along Trout            bctween Smithson Avenue and Tydall






            2                                                       Lake Erie Stormwater Management Update

        FIS Reported                                  being affected by flooding due to            Washington Township
                                                      clogging of several small culverts.
        Problems                                      North East Borough                           No flooding problems are reported.
        (Continued)                                                                                Waterford Township
        Street.                                       During a local storm on March 16,
                                                      1942, streams throughout the Borough         No flooding problems are reported.
        McKean Borough                                flooded causing thousands of dollars of
                                                      damage and the death of one resident.        Wcsleyville Borough
        No flooding problems are reported.            On June 23, . 1972, rains from
                                                      Hurricane Agnes caused flooding but          Flooding and subsequent damage in the
        McKean Township                               not as serious as in 1942. A flooding        Borough occurred during a storm of
                                                      problem is reported to exist at the          July 22-23, 1947. This flooding and
        The FIS      indicates that unspecified       grade crossing of South Washington           damage are reported to         have been
        areas in the Township are subject to          Street and the railroad. This problem        caused by backups in the storm sewer
        flash flooding from        high intensity     is attributed to an undersized culvert.      system rather that as a direct result of
        thunderstorms.                                                                             high water in Fourmile Creek.
                                                      North East Township                          Reportedly, flooding in the Borough
        Millcreek Township                                                                         continues to be caused by problems in
                                                      No specific problems are presented,          the storm sewer system.
        Only minor flooding is reported to            although the FIS points to the
        occur along streams due to limited            possibility of minor flooding along
        development in the flood plain.               streams as a result of spring rains and
        However, more serious flooding can            snow melt and flash flooding due to          Additions/Corrections?
        occur when bridge and culvert openings        thunderstorms.
        are blocked by ice and debris. Other                                                       We do not believe this information to
        problems occur in the flat, highly            Summit Township                              be comprehensive and look to you to
        developed northwest portion of the                                                         supplement this information with local
        Township where there is insufficient          Some localized flooding is reported to       knowledge you possess. Please use the
        natural slope to permit storm water to        occur along Walnut Creek.                    Municipal Questionnaire to supplement
        flow to     the streams, thus creating                                                     this information or do so by dropping a
        surface ponding, The areas along West         Venango Township                             note to Ms. Sharon Knoll at the Erie
        Branch Cascade Creek, especially from                                                      County Planning Department. Your
        the 15th Street Bridge to the corporate       No flooding problems are reported.           assistance will be appreciated.
        liniits, are specifically identified as




        Erie County Department of Planning
        Eric County Court House
        Erie, Pennsylvania 16501





                er a                    rie

              Volume I Issue 4                                                                                                September 1993
              Municipal                                     Analysis of Satellite                         analyzing the satellite image to
              Questionnaires Still                          Imagery is                                    produce estimates of land cover types
                                                                                                          is referred to as classification. Chester
              Outstanding                                   Underway                                      Environmental has purchased a
                                                                                                          LANDSAT satellite image sparining
              In support of the preparation of the          Existing land cover use is an important       the watershed and has begun the
              Lake Erie Area Watershed Stormwater           factor affecting stormwater rtmoff,           process   of classifying the image to
              Management Plan, the Erie County              Land cover relates to the type of             extract information concerning land
              Planning Department has requested             features present on the surface of the        cover conditions.
              that each of the municipalities in the        earth. Urban buildings, roads, grassed        Using the satellite image and supple-
              watershed complete and return a mu-           lands, forested lands, water and farm
                                                                                                          mental information obtained from
              mcipal questionnaire. The purpose of          fields are all examples of land cover.        existing maps and aerial photographs,
              this questionnaire is to collect infor-       The amount of rain water which runs           the distribution of the following
              mation critical to the development of         off of the land is directly affected by the   categories of      land cover will be
              the watershed stormwater management           nature of the land cover. For example,        described:
              plan. The questionnaire also provides         much more water nms off a paved area
              the representatives of the municipality       than from the same sized area which is                  1. residential
              with an opportunity to voice their ideas      grassed.   Similarly, more rain water                   2. commercial
              and concerns related to stormwater            tends to run off from agricultural fields               3. industrial
              management planning.                          than      from        forested       areas.             4. transportation
                                                                                                                    5. other/rnijxed urban
                                                            Consequently, the estimation of existing                6. cropland and pasture
              It was requested that the questionnaires      land   cover    types   throughout      the             7- orchards, vineyards, etc.
              be returned by July 1, 1993. To date,         watershed is an important element of                    8. other agriculture
                                                                                                                    9. forests
              we have received completed question-          the Lake Erie Watershed Stormwater                      10. barren land
              naires from 16 out of the 25 munici-          Management Plan.                                        11. water
              palities involved in the plan. Com-
              pleted questionnaires remain outstand-        The estimation of land cover types            The locations of these land cover
              ing from the following municipalities:        throughout the watershed is being             classes will be mapped digitally in a
                                                            based primarily upon information ob-          geographic information system. This
                       Conneaut Township                    tained from LANDSAT. LANDSAT is               information will be combined with soil
                       Fairview Township                    an earth observation satellite that con-      Property information being assembled
                       Girard Borough                       tains two different sensor systems: the       to produce estimates of the runoff po-
                       Millcreek Township                   multispectral scanner and the thematic        tential of specific areas throughout the
                       North East Township                  mapper. Since the resolution and use-         watershed.
                       Platea Borough                       fulness of the multispectral scanner is
                       Springfield Township                 not as good as for the thematic mapper,
                       Waterford Township                   our work will employ data collected by
                       Wesleyville Borough                  the thematic mapper. The thematic
                                                            mapper is sensitive to seven different
              We encourage the representatives of           and carefully selected wavelengths or
              the municipalities listed above to at-        bands of electromagnetic energy.
              tempt to complete and return their
              questionnaires as soon as possible.           Since various lypes of land cover reflect
                    L ke E S[ormwaler Managemen[ L pdale













              Questions concerning the questionnaire        light differently, different types of land
              should be addressed to Sharon Knoll at        cover can be distinguished in the
              County Planning.                              satellite image by analyzing the
                                                            amounts of light reflected in each of the
                                                            seven spectral bands. The process of                         LANDSAT Sat4ft.






            2                                                          Lake Erie Stormwater Management Update

                                                          to the State Plane Coordinate System           municipal questionnaires, we will
         Digitization of                                  so that this information can readily be        conduct          additional          field
         Watershed Drainage                               combined with data and information             investigations as necessary to gather
                                                          from other sources to describe hydro-          information about specific identified
         Areas Proceeding                                 logic conditions existing within each          problem areas.
         The Lake Erie Watershed has            been      drainage area. This additional infor-
         divided into over 500 individual                 mation includes land cover, soil char-
         drainage areas. These drainage areas             acteristics and ground slope.
         were defined based upon an analysis of                                                           This newsletter is published semi-
         topography, stream drainage patterns                                                             monthly as a means of informing
         and the locations of possibly significant        Initial Field Survey                            interested parties of the progress of
         stream obstructions. These individual                                                            the planning process and encourag-
         drainage areas will be used to model             of Obstructions                                 ing their input into the planning
         hydrologic conditions throughout the                                                             process. We encourage you to di-
         Lake Erie Area Watershed. This model             Completed                                       rect any questions or comments to:
         will be used to develop standards for
         the control of stormwater from new               The 1981 stormwater management                  Erie County Department of Plan-
         land development activities.                     plan contains information describing            ning:
                                                          the dimensions of 345 stream ob-
         The information describing conditions            structions in the watershed.         This       Sharon L. Knoll
         in this large number of areas spanning           information has been reviewed and               Erie County Court House
         the over 300 square mile watershed is            an additional 77 obstructions for               Erie, PA 16501
         being developed and managed using a              which no information is contained in            (814) 451-6336
         computerized geographic information              the existing database were identified.
         system (GIS). In order to enter the              In August 1993, Chester Environ-                or
         drainage area boundaries into the com-           mental personnel visited the sites of
         puter, it is necessary to translate the          each of these additional obstructions           Chester Envirorumental
         information shown on maps into a ma-             to field measure their dimensions.
         chine readable format. This is cur-              The dimensional information will be             John M. Maslanik
         rently being accomplished through a              used to produce evaluations of the              Chester Environmental
         process known as digitization. Once              ability of         significant stream           P.O. Box 15851
         completed, the outlines of the bound-            obstructions to pass the stream flows           Pittsburgh, PA 15244
         aries of each of the drainage areas will         generated by storms of various                  (412) 269-5828
         be described in the computer database.           magnitudes. As we proceed with the
         These drainage areas will be registered          review of information provided in the
                                                                                                         L




         Erie County Department of Planning
         Eric County Court House
         Eric, Pennsylvania 16501





                                          rie mwa                                             ana em                                                     4+

             Volume I Issue 5                                                                                                           December 1993
                                Development of Watershed Technical
                                                     Standards and Criteria

               Introduction                                       Control Storm                                    travel from the most distant point of
                                                                                                                   the watershed to the point of interest.
                                                                  Characteristics                                  This is referred to as the time of
               The basic standard for stormwater                                                                   concentration.          In very small
               management as established by the                   Criteria                                         watersheds, the critical storm duration
               Pennsylvania Stormwater Management                 Clearly,   since the         objective     of    may be measured in minutes.
               Act (Act 167) is that those involved in                                                             However, in watersheds the size of
               activities which can generate additional           stormwater management is to control              those in the Lake Erie area, the critical
               stormwater runoff, increase its velocity,          stormwater runoff and runoff is directly         storm duration will be measured in
               or change the direction of its flow must           related to the characteristics of the            hours.
               be responsible for controlling and                 rainfall event which produces the
               managing the runoff so that those                  runoff, it is important that the                 The hydrologic model will be used to
               changes will not cause harm to other               characteristics of the rainstorms which          identify the appropriate design storm
               persons or property throughout the                 must be adequately controlled be                 duration for use in the Lake Erie area
               watershed.          In order for land              defined.                                         watersheds. The model wfll be used to
               developers to control and manage their             The      critical       rainfall      event      simulate the cffects that storms with 3,
               stormwater      runoff     discharges       as     characteristics are as follows:                  6, 12 and 24 hour durations will have
               required by Act 167, it is necessary that                                                           on peak stream discharges. The storm
               they be informed of the runoff control             1. An identified duration of the                 durations producing the largest peak
               standards which they must meet. They                   particular rainfall event.                   stream discharges will be identified
               also must be informed of the                                                                        and specified for use in the design of
               characteristics of the rainfall events for         2.  An identified frequency of                   stormwater controls.
               which they must provide adequate                       occurrence of the storm event.
               controls.                                                                                           Storm Distribution
               The primary purpose for the completion             3.  An identified volume or total                The rate at which rain falls during the
               of     the       watershed        stormwater           amount of rainfall that can be               storm is seldom constant.                The
               management plans required by Act 167                   expected from a particular storm.            variation of rainfall intensities during
               is the development of appropriate                                                                   the rainfall eN7cnt is referred to as the
               runoff control standards and control               4.  An identified distribution or                storm rainfall distribution.             This
               storm criteria for each watershed                      pattern of precipitation falling             distribution of rainfall is relevant
               studied. This issue of the newsletter                  during the storm.                            because it has a direct bearing upon
               provides     an    introduction      to    the                                                      the peak rate of runoff produced bN
               development of appropriate stormwater              Storm Duration                                   the storm.             The U. S.          Soil
               management design storm criteria. A                                                                 Conservation Service (SCS) has
               subsequent issue will address control              Storm duration refers to the      length of      developed          synthetic          rainfall
               standards.     Specific criteria for the           time over which the specified amount             distribution     patterns based upon
               Lake Erie Area watersheds will be                  of precipitation falls. This factor is of        National Weather Service data for
               developed through the investigation of             concern because rainfall duration has a          various parts of the country. These
                     Lake E S[or                                               [er M                      8             enl I           P    dale












               conditions in the watershed and the                direct effect upon the resulting runoff          distribution patterns were developed
               application of the hydrologic model                volume and peak rate of discharge.               to produce design storm distributions
               being assembled during the planning                The length of the rainfall period                which tend to produce conservative
               process.                                           contributing to the peak runoff rate is          peak discharge runoff estimates. The
                                                                  related to the time it takes for runoff to       Type Il SCS pattern will be used in
                                                                                                                   the Lake Eric area.






        * 2                                                        Lake Erie Stormwater Management Update

        Storm Return                                  Pennsylvania has been developed for          conditions in the watersh4 design
                                                      the Pennsylvania Department of               currently   in    place,    standard
        Frequencies and                               Transportation. This information is          practice and local preferences as
        Rainfall Volumes                              summarized for a 24 hour duration            revealed through consultation with
                                                      storm in Figure 1. As is indicated in        the County Planning Department
                                                      Figure 1, the total 24 hour rainfall         and the Watershed Plan Advisory
        Storm return frequency refers     to the      volume ranges from 2.6 inches for a          Committee.
        average interval in years over which a        storm which can be expected to be
        storm event of a given precipitation          experienced at least once per year to
        volume can be expected to recur. For          6.2 inches for a storm which will            This newsletter is published semi-
        example, reference to a "10-year" storm       occur roughly once every 100 years.          monthly as a means of informing
        with an associated 3.7 inch 24 hour                                                        interested parties of the progress of
        duration storm volume indicates that a        Since larger rainfall volumes produce        the planning process and encourag-
        storm producing 3.7 inches of rainfall        larger amounts of storm%vater runoff,        ing their input into the planning
        over a 24 hour period on average can          the selection of the return period of        process. We encourage you to di-
        be expected to occur approximately            the storms to be managed will directly       rect any questions or comments to:
        once every ten years. Another way to          effect the sizing of stormwater control
        consider this storm is that a storm           facilities and the degree of stormwater      Erie County Department of Plan-
        producing 3.6 inches of rain over a 24        runoff    protection    afforded      to     ning:
        hour period has approximately a 10%           downstream persons and property.
        chance of occurring in any given year.                                                     Sharon L. Knoll
                                                      The selection of the appropriate             Erie County Court House
        Information describing the return             design storm return frequencies and          Eric, PA 16501
        frequency of storms of various                associated volumes will be made              (814) 451-6336
        durations   and volumes throughout            based upon a review of current
           7.00              Figure 1: 24 Hour Storm Volume           Frequency                    or
                                                                                                   Chester Environmental
           6.00


           5.00                                                                                    John M. Maslanik
                                                                                                   Chester Environmental
           4.00                                                                                    P.O. Box 15851
           3.00                                                                                    Pittsburgh, PA 15244
           2.00                                                                                    (412) 269-5828

           1.00
                                                                      M

           0.00
                    Annual          5            to          25           so          too
                                            Return Period (ycars)


        Erie County Department of Planning
        Erie County Court House
        Erie, Pennsylvania 16501





                       a               ne                 mwa                                                                        a @Q'O*+

              Volume 2 Issue I                                                                                                February 1994
                           Development of Watershed Stormwater
                                                        Control Standards

              Introduction                                  General Effects of                           and results in increased runoff
                                                                                                         volumes.
                                                            Land Development
              The basic standard for stormwater                                                          Land development also tends to reduce
              management as established by the              on Runoff                                    the amount of vegetation covering the
              Pennsylvania Stormwater Management                                                         site.   This reduces the amount of
              Act (Act 167) is that those involved in       Land development     activities generally
              activities which can generate additional      change the characteristics of   the land     precipitation which is captured in the
              stormwater runoff, increase its veloci        surface in several ways that have a          vegetation and held until it evaporates.
                                                      ty,   direct effect upon the amount of             This further increases runoff volumes.
              or change the direction of its flow must                                                   Finally, land development frequently
              be responsible for controlling and            storinwater runoff that is generated         increases the speed at which runoff
              managing the runoff so that those             from the development site.           Land
              changes will not cause harm to other          development normally includes paving         leaves the site. This is a result of
              persons or property throughout the            andlor otherwise covering the ground         replacing natural drainage channels
                                                                                                         with smooth lined channels and pipes.
              watershed.        In order for land           with impervious surfaces. For example,
              developers to control and manage their        a natural area generally contains no         The hydrographs presented below
              stormwater    runoff discharges         as    paved surfaces.       If this area is        illustrate the overall effects of typical
              required by Act 167, it is necessary that     developed into      a     single    family   land development on stormwatcr
              they be informed of the runoff control        residential land use, 10% to 20 % of the     nmoff. The indicated increases in total
              standards which they must meet. They          area will be covered by such impervious      runoff volume and peak rate of
              also must be informed of the                  surfaces as roads, streets, walks and        discharge are the results of decreased
              characteristics of the rainfall events for    homes. If the area is developed to a         infiltration into the ground water and
              which they must provide adequate              commercial or industrial land use, the       decreased rainfall interception by
              controls.                                     amount of impervious surface will            vegetation.       The higher runoff
                                                            increase to as much as 90% of the area.      velocities    associated     with     land
              The primary purpose for the completion        Such an increase in the amount of            development contribute to the higher
              of    the     watershed        stormwater     paved surfaces reduces the opportunity       peak discharge rate and the more rapid
              management plans required by Act 167          for rainfall to percolate into the ground    rise and fall of the runoff hydrograph.
              is the development of appropriate
              runoff control standards and control          Comparison of Pre and Post                   Development Hydrographs
              storm criteria for each watershed
              studied. The December issue of the
              newsletter provided an introduction to        too
              the   development       of    appropriate     $.                                           Post-development
                                                                                 Peak Rate
              stormwater management design storm
                                                            ,"-  AL
              criteria. This issue introduces the basic     .@2
              concepts to be used in the development        M
              of stormwater runoff control standards.       tZ
              Specific stormwater control standards         0                                            Peak Rate
                    L ke E Slor                                          ler Managefnenl Upd












              for specific locations throughout the         w                                         % /-Pre-development
              Lake Erie Area watersheds will be
              developed through the application of
              the hydrologic model being assembled
              during the planning process.                                                  Elapsed Time





          * 2                                                              Lake Erie Stormwater Management Update *

          Runoff Control                                   Therefore, the inevitability of some             rate shall not exceed the peak runoff
                                                           degree of runoff volume increases              , discharge rate that occurred prior
          Standards                                        must be accepted and the primary                 to development (pre-development).
          The most effective means of satisfying           emphasis of the runoff control
          the basic requirements of Act 167                standards is placed upon the control of          Controlling the discharges of the
          would be by controlling runoff from              the peak rate of discharge. The peak             larger      post-development          runoff
          new land development such that both              rate  .of discharge is defined as the            volumes in order to limit the peak
          the total volume and peak rate of runoff         maximum rate of flow from the                    discharge rate to the pre-development
          from new development are identical to            development site. It is represented by           level usually is accomplished by
          that which occurred from the site before         the highest point of the discharge               storing portions of the runoff and
          that land was changed. In other words,           hydrograph. If the maximum rate of               'bleeding" the runoff from the site at a
          the       post-development             runoff    discharge from a developing site is              controlled rate. This tends to extend
          hydrograph would be identical to the             limited so that it does not exceed the           the hydrograph and increases the
          pre-development hydrograph. If this              maximum rate that occurred prior to              period of time over which the elevated
          could be accomplished, runoff from the           development, the potential for creating          flow rates are discharged.          Because
                                                           downstream flooding problems is                  the elevated flow rates occur for a
          new development would not produce                minimized.                                       longer period of time, the potential
          any effect on downstream flows and                                                                exists for the extended high flows to
          any concern relative to the creation of          The basic runoff control standard to             combine       with     peak      discharges
          downstream damage potentials would               be enforced in the watershed will,               originating from other points in the
          be eliminated. Unfortunately, in most            therefore,      be     that    the      post-    watershed. This combination of flows
          cases, it is impossible to avoid                 development peak runoff discharge                can result in increases to downstream
          increasing     total    runoff volumes.                                                           peak flows. Release rate percentages
                  Illustration of Controlled Discharge Hydrograph                                           will be        assigned to          subareas
                                                                                                            throughout the watershed to avoid this
                                                                                                            from      occurring.       Release       rate
                                                                                                            percentages are percentages of the pre-
                                                      Post-development
                                                      (uncontrolled)                                        development discharge rate to which
                                                                                                            post-development discharges must be
                                                                                                            limited to avoid problems associated
                                                               Pre-development
                                                                                                            with attenuated peak discharges. The
                                                                                                            release rate percentage represents
           0                                                        Post-development                        the second level of runoff control
                                                J %                 (controlled)                            standard.         The results of the
                                                                                                            application of the basic and release
                                                                                                            rate     percentage       standards       are
                                                                 Dow-                                       illustrated by the hydrographs shown
                                          Elapsed Time                                                      to the left.


          Erie County Department of Planning
          Erie County Court House
          Erie, Pennsylvania 16501





                        a                rie                                               an                                            c , a.'e

              Volume 2 Issue 2                                                                                                             April 1994
                                       Stormwater Control Techniques
                                Runoff Volume Reduction Measures
              Introduction                                     conditions, reasonable efforts should be        Utilize Grass and
                                                               made to minimize increases in total
                                                               runoff volumes prior to the design of           Rock Lined
              Previous issues of this newsletter               supplemental peak discharge control
              described the basic runoff standards             facilities.                                     Waterways
              generally      adopted        under       the
              Pennsylvania Stormwater Management               The following are brief descriptions of         Grassed and rock lined waterways
              Act. In general, the runoff control              measures which may be taken to limit            serve to reduce runoff volumes and
              standards call for control the runoff            increases in total runoff volumes               peak rates of discharge in two ways.
              from new land development sites such             resulting from new developments. The            First, they convey the runoff over a
              that the post-development peak Tate of           applicability of these measures is highly       pervious surface, thereby providing an
              runoff does not exceed the pre-                  site specific and dependent upon the            increased opportunity for infiltration to
              development peak or a percentage                 nature of the development. However, it          the ground water. Second, they reduce
              thereof as is necessary to prevent the           is recommended that the potential for           flow velocities, thereby increasing the
              occurrence of flooding problems.                 instituting one or more of these                time of concentration and reducing
                                                               measures be seriously evaluated and             peak discharge rates.
              This can be accomplished in two ways:            considered early in the design of the
              1) steps can be taken to avoid increases         land development
              in total runoff volume and 2) facilities
              can be constructed to limit peak                 Limit the Amount of
              discharge rates through the use of
              stormwater detention facilities. This            Land Disturbed
              issue of the newsletter contains a
              general overview of measures which               The added volume of runoff produced
              can be taken to minimize increases in            as a result of the development of
              total runoff volume.                             "virgin" land is directly related to the          iii
                                                               amount of land cover changed from its
              All things considered, the most                  natural state to a more impervious
              advantageous means of meeting these              condition       (typically       pavement).
              requirements is by niinimizing the               Consequently, increases         in runoff        Illustration of a grass lined waterwav
              amount of increased runoff volumes               volumes can be minimized to the extent
              produced.      If it were possible to            that land cover disturbances can be
              complete the new development in a                minimized.
              manner such that there would be no
              change to either the volume or peak              Individuals       involved      in       land
              rate of discharge after development,             development         activities       should,
              there    would      be    essentially      no    therefore, be encouraged to optimize
              stormwater related impacts resulting             their development activities from the
              from the development.          While it is       standpoint     of accomplishing           the
                     L ke E Slormwaler M                                                           agemenl                      UP













              recognized that, in most cases, it may           ol@jectives of the development while
              n
                 t be possible to accomplish the goal          minimizing the amount of natural area
               o
              of making both post-developmcnt                  disturbed and the amount of impervious
              runoff volumes and peak discharge                surfaces created.
              rates       match          pre-development                                                         Illustration of a rock lined waterwqy






             2                                                           Lake Erie Stormwater Management Update *
                                                                        ni@                                 developments.        However, each
                                                         into the grou;@d water. When properly
         Maintain Moderate                               and carefitilly designed, infiltration             technique can be an important
         Slopes                                          devices can be effective.          However,        component of an effective overall
         Maintaining moderate slopes will                caution should be exercised in their               stormwater management system
                                                         use. Large scale infiltration techniques           consisting of combinations of
         increase the   time of concentration of         should only be used in areas underlain             volume reduction measures and
         the runoff by reducing overland flow            by    soils    with     high     infiltration      storinwatcr detention peak flow
         velocities and often increasing the             capacities. In addition, the use of large          control techniques.
         overland flow length. This will also            scale infiltration devices should not be
         produce the additional benefit of               used in landslide prone areas and in
         reducing total runoff volumes through           proximity to water supply wells. In
         infiltration if the site has well drained       general, infiltration systems should not           This newsletter is published semi-
         soils. Where steep slopes cannot be             be used where there is a significant               monthly as a means of informing
         avoided  'drainage should be diverted           potential for the runoff to be                     interested parties of the progress of
         around the steep slopes.                        contaminated (i.e. industrial sites,               the planning process and encourag-
              [kainage diversion channel                 commercial parking areas, etc.).                   ing their input into the planning
                                                                                                            process. We encourage you to di-
                                                         Install Porous
                                                                                                            rect any questions or comments to:
                                                         Pavements
                                                                                                            Erie County Department of Plan-
                                                         The use Of Porous paving materials is              ning:
                                                         an option that can be employed in
                                                         selected applications. Porous paving               Sharon L. Knoll
                                                         materials include gravels, open paving
                                                                                                            Erie County Court House
                                                         stones or blocks, and special asphalt              Erie, PA 16501
         Example of landscaping around steep             mixtures designed to pass water at a               (814) 451-6336
         slopes.                                         high rate to a specially prepared
                                                         subbase.     Regardless of the type of             or
         Use      Infiltration                           material, the goal is to provide a
                                                         suitably solid and stable surface to               Chester Environmental
         Devices                                         satisfy the needs of the development
         Infiltration devices are used     to reduce     while maintaining a degree of                      John M. Maslanik
         runoff volumes and flood         peaks by       perviousness through which runoff can              Chester Environmental
         releasing all or part of the stored runoff      infiltrate to ground water. As is the              P.O. Box 15851
         into the ground water.           Infiltration   case with all of the methods presented             Pittsburgh, PA 15244
         devices include basins, pits and                in this newsletter, it is unlikely that            (412) 269-5828
         trenches, all of which serve to induce          porous pavements alone can adequately
         the infiltration of surface water runoff        control     runoff     from      significant


         Eric County Department of Planning
         Erie County Court House
         Erie, Pennsylvania 16501





                       a                rie                mwa                        an

             Volume 2 Issue 3                                                                                                        June 1994

             Watershed Plan                                changes in stream flows which may             watershed provided responses to the
                                                           occur as development progresses and           questionnaire
             Advisory Committee                            the recommendations of the watershed
                                                           storinwater management plan are               The       municipal       questionnaires
             Meeting Held                                  implemented. These issues will be             requested information describing
                                                           pursued in the coming months and as           known        problems      related     to
             A meeting of the Lake Erie Area               the preparation of the plan progresses.       storinwater      runoff.          Fifteen
             Stormwater Nfanagement Watershed                                                            municipalities in the watershed
             Plan Advisory Committee (V,`PAC)              Stormwater Problem                            reported a total of 109 specific
             was held at 7:30 pin on May 17 in the                                                       problems. Over 70% of the problems
             Erie County Court House.               The    Areas Reported and                            reported are described as flooding
             meeting was conducted by the Erie             Described                                     problems.      Roughly 10% of the
             County Department of Planning and                                                           problems      are     associated     with
             included presentations by Durla Lathia        At the start of the process for               sedimentation and erosion, while the
             and Pat Pingel of the Pennsylvania            developing the Watershed Stormwater           remaining 20% of the problems
             Department        of       Environmental      Mangement Plan for the Lake Erie              consist of flooding accompanied by
             Resources and John Maslanik of                Area     Watershed,       a     municipal     erosion and sedimentation problems.
             Chester Environmental.                        questionnaire was distributed to each of      The distribution of the suggested
             Mr.     Lathia    presented      a    brief   the municipalities that lie entirely or       solutions to the problems identified
             introduction of several of his staff          partially within the watershed.        The    by the municipalities is illustrated in
             members attending the meeting and             purposes of this questionnaire were to        Figure 1. As is indicated in Figure 1,
                                                           obtain information describing current
             invited     the     WPAC         members'     conditions in the watershed and afford        over half of the reported problems are
             participation in the planning process.        an opportunity for input into the             associated with deficiencies in the
                                                           planning process. Twenty-one of the           local storm sewer systems.         These
             John Maslanik provided an overview            twenty-five municipalities in the             deficiencies range from undersized
             of the status of the project and reported                                                   storm sewers to a general lack of
             on information collected through the
             municipal questionnaire forms and                                                   Figure I
             other sources.                                         Suggested Solutions to Stormwater Problems

             Ms.     Pingel    presented      a     brief
             introducion to the Coastal       Nonpoint
             Pollution Program and            gave an
             overview of Pennsylvania's activities                     Sewer System Improvements
             under the program.                                                      51.4%

             An open discussion and question and
             answer session was conducted during
             the meeting.      During this session,
             members of the WPAC discussed the
                                                           Increase Culvert,
                                                                                                                       N
             possibility of forming a stormwater
                                                           Stream Capacity                                                          Erosion
             management district that would be
                                                                                                                                    Protection
             involved     in   the    financial      and
                                                              5.7%                                                                    7.1%
                    L ke E Slor                                          ler M                agemenl                    UP      dale













             administration aspects of stormwater
             management in the future.           WPAC                                                                          Runoff Detention
             members also expressed a desire that                                                                              Basins
             long term stream gauging stations be          Clear Stream Channel
             installed in the watershed to monitor                                                                                  7.1%
                                                                          28.6%






             2                                                          Lake Erie Stormwater Management Update

          storm sewer facilities.     Soludions to      sewer systems and/or natural stream              stormwater detention facilities. The
          nearly 35% of the problems involve            channels.        Thirty-nine         existing    major      significance       of      this
          clearing debris and obstructions from         stormwater control facilities were               information is that stormwater
          the stream channel or otherwise               reported by the following                nine    control facilities are currently rather
          increasing the capacity of streams.           municipalities:                                  widely used. This local himiliarity
                                                                                                         and acceptance of such controls will
          The remaining categories of solutions                    - Erie City                           assist in the overall implementation
          consist of providing protection from                     - Fairview Township                   of the plan.
          erosion and the construction and the                     - Girard Township
          operation of nmoff detention basins.                     - Harborcreek Township
                                                                   - Lake City Borough
          Stormwater Control                                       - Millcreek Township                   This newsletter is published serni-
                                                                   - North East Township                  monthly as a means of informing
          Facilities Reported                                      - Summit Township                      interested parties of the progress of
                                                                   - Venango Township                     the planning process and encourag-
          The municipal questionnaires also                                                               ing their input into the pl         1 9
          requested information relative to             In     addition,    these     same      rune      process. We encourage you to di-
          existing and proposed stormwater              municipalities reported that 21 more              rect any questions or comments to:
          control facilities. Storrnwater control       CtOrmw2ter      control     facilities    are
          facilities are facilities      that are       presently proposed. The as is indicated           Erie County Department of Plan-
          constructed in order to control the rates     in Figure 2, the vast majority of the             ning:
          of discharge of stormwater to storm           exisiting and proposed facilities are
                                                                                                          Sharon L. Knoll
                                            Figure 2                                                      Erie County Court House
                          Stormwater Control Facilities                                                   Erie, PA 16501
                                                                                                          (814) 451-6336
              Detention       Retention
                  89.7%                                                                                   or


                                                                                                          Chester Environmental


                                                                                                          John M. Maslanik
                                                              Parking Lot Ponding               1.7%      Chester Environmental
                                                                                                          P.O. Box 15851
                                                                                                          Pittsburgh, PA 15244
                                                             Infiltration Devices 3.4%                    (412) 269-5828
                                                          Dry Well
                                                               5.2%


          Erie County Department of Planning
          Erie County Court House
          Erie, Pennsylvania 16501











                                                                                                                                      IN
                          a               rie                    mwa                         an

                Volume 2 Issue 4                                                                                                           August 1994
                                        Stormwater Control Techniques
                                     Peak Discharge Control Measures

                Introduction to                                  to combine volume
                                                                 reduction features with                  TYPICAL DETENTION BASIN DESIGN
                Peak Discharge                                   some form of facilities                                    Outlet 3truclur* , Top of Dan
                                                                    igned to control peak                                                   upp@ O.Nat
                                                                                                                Tra a  It
                Control Measures                                 d'iscliarges. The follow-                                                     I NMI !.am
                                                                 ing paragraphs contain                                               0.11.1 pill.
                                                                                                 for    in
                The February 1994 issue of               this    brief descriptions       of                        ELEVATION VIEW          Top of Be.
                newsletter described the basic runoff            available methods used                  Extent of Basin During Design 3torm
                standards generally adopted under the            to control     peak dis-                           Outlet Structure                firtitiri
                                                                                                                    Meet
                Pennsylvania Stormwater Management               charge rates from newly                       T-h  lilli.ir    _ r3
                                                                                                                    -------------- -- -
                                                                                                                    ..........
                                                                 developed sites despite
                AcL    In general, the runoff control                                                        Loe, life. crii-i
                standards call for controlling runoff            the           unavoidable
                from new land development sites so               Increases in the total
                that the post-development peak rate of           amount      Of       runoff
                runoff does not exceed the pre-                  Produced.                                               PLAN VIEW
                development peak or a percentage
                thereof as is necessary to prevent the
                occurrence of flooding problems.                 Peak Discharge                                     to employ for a specific development
                This can be accomplished in two ways:                                                               application should be made based upon
                1) steps can be taken to avoid increases         Control Facilities                                 an evaluation of site specific conditions
                in total runoff volume and 2)                                                                       such as space availability,      type of
                stormwater detention facilities can       'be    Peak discharge control facilities       are        development and volume requirements.
                constructed to limit peak discharge              those which control peak discharge
                rates. The April 1994 issue Of this              rates by capturing and storing
                newsletter     contained      a      general     stormwater runoff and subsequently                 Detention Basins
                overview of measures which          can be       releasing the runoff at a controlled               Detention basin are the most widely
                taken to minimize increases        in total      rate. The stored water is released at              used form of stormwater storage
                runoff volume. This issue presents a             a flow rate that is designed not to                facilities. They are surface ponding
                general overview of methods than can             cause flooding or other types of harm              areas specifically designed to provide
                be used to control peak discharge rates.         downstream.                                        the necessary volume to properly
                                                                                                                    control the release of stormwater
                As was discussed in the April                    The following are the most widely                  nmoff.    A design of a typical
                newsletter,    the    ideal    means      of     used general forms of peak discharge               detention basin is illustrated above.
                managing runoff would be to avoid any            control facilities:                                As is indicated in the illustration, the
                increase in the amount of runoff                                                                    facilities consist of a dam or
                produced and the rate at which it                  1. Detention ponds or basins                     embankment, water ponding area,
                occurs. However, in most cases, it is              2. Underground detention tanks                   outlet control structure with trash
                not feasible to develop a site for the             3. Parking lot storage                           rack, and emergency / high flow
                      L ke E Slor                                              [er M a8efnen[ L                                        P   dale













                intended uses without creating changes             4. Roof-top storage                              spillway.     The basins may be
                to the land surface which increase the             5. Multiple use impoundment areas                designed to normally be dry and to
                amount of stormwater runoff produced.                                                               fill only during rainfall events.
                Therefore, in most cases, it is necessary        The selection of the types of facilities           Alternatively, they can be designed






         +2                                                           Lake Erie Stormwater Management Update *

         as wet ponds that contain water at all          roof drams with the proper outlet             primary hinctions other than runoff
         times, with the water level fluctuating         capacities to limit release rates to the      control. Examples include open
         during rainfall conditions.       In any        design level. Overflow mechanisms             space and grassed area provided in
         event, the basins are designed to accept        are provided to preclude danger from          the     development      to     enhance
         peak flows and volumes runoff from the          overloading. Building codes in many           aesthetic appeal that can also be
         design    storms    specified     in    the     locations specify that roofs be               used     as    stormwater      detention
         stormwater management ordinances.               designed to support snow loads.               facilities and hard court basketball
                                                         Although the structural capacity of           or tennis courts can be designed to
         Underground                                     roofs must I>ee carefully considered          drain adjacent areas and retain water
         Detention Tanks                                 when designing a roof for the                 on the court surfaces during rain
                                                         temporary storage of rainwater, a roof        conditions. Positive drainage and
         This type of peak discharge        control      designed for snow loads can usually           outlet control devices must be
         facility consists of underground                accommodate an equivalent water               provided in the design.
         holding tanks or large diameter pipes           load without the need for major
         that temporarily store excess runoff            structural modifications.                       TILis newsletter is published semi-
         volumes. The cost of constructing                                                               monthly as a means of informing
                          acilities is generally
         underground f                                   Parking Lot Storage                             interested parties of the progress of
         higher than for typical detention               Stormwater runoff can be detained on            the planning process and encourag-
         basins. However, in areas where land                                                            ing their input into the planning
         is expensive, insufficient surface area         parking lot sites using shallow basins          process. We encourage you to di-
         is available to permit the use of               or swales. With this type of control,           rect any questions or comments to:
         surface storage alternatives, or surface        excess runoff from a relatively small
         topography is unsuitable for surface            site can be detained on the site at low         Erie County Department of Plan-
         storage, underground tanks can be an            cost and with minor inconvenience to            ning:
         appropriate solution. The basic mode            traffic. Storage in parking lots can
         of operation is similar to that of              also be accomplished by constructing            Sharon L. Knoll
         standard detention basins employing             catchbasins with inlet grates that              Erie County Court House
         outlet control devices and high flow            cause the water to pond. The only               Erie, PA 16501
         bypass or overflow features.                    negative feature of this system is the          (814) 451-6336
                                                         temporary inconvenience that the
                                                         ponding water may cause to the users            or
         Rooftop Storage                                 of the parking facility, even though it
         Rooftop detention utilizes the built-in         is for only a short time.                       Chester Environmental
         structural capabilities of rooftops to          Multiple Use
         store a certain amount of rainfall that                                                         John M. Maslanik
         falls upon them. The control of the             Facilities                                      Chester Environmental
         rate of discharge from the rooftop is           Multiple use areas utilize sites having         P.O. Box 15851
         accomplished using specially designed                                                           Pittsburgh, PA 15244


         Erie County Department of Planning
         Eric County Court House
         Erie, Pennsylvania 16501




























           PART 3: DRAFT COPIES.OF SECTIONS 1 AND 2 OF THE FINAL REPORT


                             SECTION 1: INTRODUCTION
              SECTION 2: LEGAL FRAMEWORK FOR STORM WATER MANAGEMENT










                                          LAIKE ERIE AREA WATERSHED
                                       STORMWATER MANAGEMENT PLAN

                                                       SECTION I
                                                    INTRODUCTION


                 BACKGROUND

                 GENERAL

                 Curbs, gutters, storm sewers, and other drainage systems have traditionally been
                 designed to remove stormwater from developed properties as quickly as possible to
                 minimize the possibility of flooding the properties served by the drainage systems.
                 Little or no efforts were made to minimize increases in volumes and rates of runoff
                 which resulted as land was converted from a permeable, vegetated state to an
                 impervious, paved condition. Similarly, little consideration was given to the potential
                 effects of accelerated runoff on downstream properties.           Under this approach,
                 progressive development in a watershed resulted in ever increasing stormwater runoff
                 until damaging downstream problems developed. Problems attributable to inadequate
                 control of stormwater runoff include flooding and accelerated erosion.

                 A significant change in the approach to stormwater management in Pennsylvania
                 occurred with the passage of the Storm Water Management Act (Act 167) and its
                 companion bill, the Flood Plain Management Act (Act 166). This legislation was
                 passed by the Pennsylvania General Assembly on October 4, 1978 and requires a
                 comprehensive approach to planning and managing excess stormwater runoff. Acts
                 166 and 167 were enacted in response to increasing problems caused by inadequately
                 controlled stormwater runoff and the associated threats to public health and safety. Ile
                 Storm Water Management Act established a program for managing accelerated runoff
                 so that it does not lead to increased flooding, while the Flood Plain Act provides for
                 the preservation and restoration of flood plains which function as natural stormwater
                 storage areas.

                 PENNSYLVANIA STORM WATER MANAGEMENT ACT

                 The statement of legislative findings at the beginning of the Storm Water Management
                 Act sums up the critical interrelationship between development, accelerated runoff, and
                 floodplain management:
                                 =1

                        Inadequate management of accelerated runoff of storm water resulting from
                        development throuchout a watershed increases flood flows and velocities,
                        contributes to erosion and- sedimentation, overtaxes the carrying capacity of
                        streams and storm sewers, greatly increases the cost of public facilities to carry
                        and control storm water, undermines flood plain management and flood control
                        efforts in downstream communities, reduces groundwater recharge, and
                        threatens public health and safety.

                        A comprehensive program of storrn water management, including reasonable
                        regulation of development and activities causing accelerated runoff, is
                        fundamental to the public health, safety and welfare and the environment.



                 Lake ⁣ SWMP                               I-
                 4026-M-93









                1-he stated policy and purpose of the Storm Water Management Act is to:
                       1.      Encourage p@g and management of stormwater runoff in each
                               watershed which is consistent with sound water and land use practices.
                       2.      Authorize a comprehensive program of stormwater management
                               designated to preserve and restore the flood-carrying capacity of
                               Commonwealth steams; to pTserve, to the maximum extent practicable,
                               natural stormwater runoff regimes and natural course, current and cross
                               section of water of the Commonwealth; to protect and conserve ground
                               waters and ground water recharge areas.

                       3.      Encourage local administration and management of stormwater
                               consistent with the Commonwealth's duty as trustee of natural resources
                               and the people's constitutional right to the preservation of natural,
                               economic, scenic, aesthetic, recreational and historical values of the
                               environment.

                'Me general procedure established by the Act for achieving these goals includes

                       1 .     Development of guidelines and regulations to be applied state wide.

                       2.      Preparation of stormwater management plans for designated watersheds
                               throughout the Commonwealth.

                       3.      Implementation of the stormwater management plans.

                       4.      Adherence to the plan requirements by individuals involved in land
                               development activities.

                Act 167 establishes the following duties and responsibilities for individuals and various
                govemmental agencies:

                       PERSONS ENGAGED IN LAND DEVELOPNIENT: Act 167 states that any
                       landowner and any person engaged in the alteration or development of land
                       which may affect stormwater ranoff characteristics must implement such
                       measures consistent with the provisions of the applicable stormwater
                       management plan as are reasonably necessary to prevent injury of health, safety
                       or other property. Such measures must include such actions as are required:

                               1.     to assure that the maximum rate of stormwater runoff is no
                                      greater after development than prior to development activities; or

                               2.     to manage the quantity, velocity and direction of resulting
                                      stormwater runoff in a manner which otherwise adequately
                                      protects health and property from possible injury.

                       DEPARTMENT OF ENVIRONNEENTAL RESOURCES (DER): Act 167
                       assigns the Department of Environmental Resources the primary responsibility
                       to carr
                              y out the policies and purposes of the Act. These responsibilities include
                       providing guidelines for county stormwater management plans; designating
                       watersheds for which stormwater management should be prepared; review and


                Lake Ekk SV^e                              1-2
                402"@








                       approval of the plans; providing technical assistance and model local
                       ordinances; developing grants and reimbursement regulations governing ft
                       disbursement of grant monies; and generally coordinating stormwater
                       management activities state wide.

                       COUNTIES:       Counties are required to prepare and adopt a watershed
                       storrnwater management plan for each designated watershed in their jurisdiction.

                       MUNICIPALXIM: Municipalities are required to adopt new or to amend
                       existing regulations as necessary to comply with and implement the stormwater
                       management plans.

               In 1980, the Department of Environmental Resources (DER) designated 353 watersheds
               for which plans are to be prepared. The number of designated watersheds now totals
               356. Model ordinances were made available in September 1981, followed by detailed
               stormwater management guidelines in June 1983.           These guidelines and model
               ordinances were approved by the Pennsylvania General Assembly in June 1985 and
               now have the force of law. In May 1994, Act 167 was amended to authorize DER to
               administer grants to Municipalities and counties to pay 75% of the costs of preparing
               and administering stormwater management plans and regulations.

               LAKE ERIE AREA WATERSHED PLAN DEVELOPMENT APPROACH

               GENERAL PLANNING REQUIREMENTS AND APPROACH

               The overall scope of work and general planning approach employed in the preparation
               of the Lake Erie Area Stormwater Management Plan were defined to a large extent by
               specific planning requirements contained in Act 167 and Storm Water Manag!:ment
               Guidelines and Model Ordinance5 developed by the Pennsylvania Department of
               Environmental Resources. The basic requirements of the plan as outlined in these
               documents are that the plan shall:

                       I .    contain such provisions as are reasonably necessary to manage storm
                              water such that development or activities in each municipality within the
                              watershed do not adversely affect health, safety and property in other
                              municipalities within the watershed and in basins to which the watershed
                              is tributary; and

                       2.     consider and be consistent with other existing municipal, county,
                              regional and state environmental and land use plans.

               Specific and more detailed plan requirements were also defined in the Act. Beyond the
               general and specific plan requirements established by law and regulations, several
               additional considerations served as a guide to the development of the planning approach
               and scope employed during the preparation of this Lake Erie Area Stormwater
               Management Plan. These additional planning considerations are as follows:

                       1 .    The development of the technical standards contained in the plan should
                              accurately reflect local conditions.

                       2.     Ile development of the technical standards should employ accepted
                              computational techniques familiar to the local planning agencies.


               L&kc Eric SWM7                             1-3
               4026-0219-93








                        3.      The computational procedures employed should be reproducible and
                                amenable to direct application when the plan is updated.

                        4.      T"he recommended stormwater management control standards and criteria
                                should be attainable, clear, concise, broadly applicable and enforceable.
                                Ile standards should clearly define performance requirements but allow
                                sufficient latitude to permit creative stormwater control approaches.

                        5.      The recommended stormwater management controls and associated
                                institutional framework should represent a reasonable and measured
                                approach to effectively managing stormwater runoff. The plan should
                                not produce unnecessary impediments to development nor excessive local
                                government responsibilities.
                                c'

                        6.-     The recommended stormwater legal/institutional framework should be
                                compatible with existing municipal and county financial, legal, tectinical
                                and administrative capabilities.

                 TECBMCAL APPROACH

                 The technical approach was designed to satisfy the above listed considerations by
                 employing accepted hydrologic modeling techniques to define existing conditions and
                 quantify stormwater control criteria necessary to comply with the intent of Act 167.
                 The technical analysis utilized the Penn State Runoff Model (PSRM) to estimate
                 existing and future runoff characteristics. The model was also employed to define
                 hydrologic interactions throughout the study area to provide a basis for establishing
                 stormwater runoff control criteria on a watershed wide basis. The PSRM was selected
                 for use because it is recognized by DER as an appropriate tool for watershed
                 stormwater planning and it possesses several attributes of particular value in the
                 development of specific stormwater control performance criteria.

                 The data collection effort was designed to take fullest advantage of available data
                 sources and current data analysis and management techniques to maximize the accuracy
                 of the physical features data base necessary to model the watershed. Land cover
                 information was obtained from a number of sources, principally digital SPOT and
                 Landsat Thematic Mapper images and National High Altitude Program G4HAP) color
                 infrared photographs of the watershed. Land cover was classified to a 30 meter
                 resolution. Terrain characteristics, expressed in terms of slope and the direction of
                 slope, were derived from the United States Geological Service's (USGS) Digital
                 Elevation Model (DEM) digital terrain models and information extracted from USGS
                 7.5 minute quadrangle maps.
                                     0

                 Soil characteristics as reflected by hydrologic soil group classes were obtained through
                 digitization of United States Soil Conservation Service (SCS) soils maps. These data
                 were digitally overlaid and processed using geographic information system software to
                 define the hydrologic characteristics of the watershed to a resolution approximating 30
                 meters. This data, in turn, was aaarevated into the individual subbasins comprising the
                                                   =10 ID
                 Lake Erie Area watershed.






                 Laim Exic SV*?-W                           1-4

                 402&.OW-0







                 Additional information, including obstruction sizes and capacities, stream
                 characteristics, stormwater collection system locations, and descriptions of stormwater
                 and flood control and flood protection facilities were obtained by conducting field and
                 mail surveys and reviewing available dam sources.


                 I E 1AIJINSTITUTIONAL APPROACH

                 This portion of the study deals with four interrelated issues:

                         1 .     The primary laws governing stormwater management in Pennsylvania.
                         2.      The institutional options for organizing an effective stormwater
                                 management effort in the watershed.

                         3.      Institutional system initiatives and precedents established by previous
                                 watershed stormwater management       planning efforts completed in the
                                 region.

                         4.      Guidelines for incorporating stormwater provisions into stormvrater
                                 management      ordinances    to    implement     the plan's       technical
                                 recommendations.

                         5.      Methods of fine-tuninc, stormwater control provisions to address issues
                                                        0
                                 encountered during the implementation of pilot stormwater management
                                 plans completed in the region.

                 As part of the analysis, various laws were reviewed to determine specific areas of
                 concern, requirements, duties, penalties and remedies, along with interrelationships
                 with the other statutes.      In addition to the laws related directly to stormwater
                 management, common law relative to private and public nuisances and state and local
                 municipal immunity statutes were reviewed, with attention to the remedies that
                 provided for solutions to stormwater problems and issues.

                 This plan document includes proposals for ordinance provisions designed to implement
                 the recommended technical measures. These ordinance standards are intended to
                 provide a guide to the municipalities in enacting or amending their existing ordinances.
                 These standards may not be appropriate for direct incorporation into an existing
                 municipal ordinance. They do, however, indicate the types of provisions that are
                 required and in which ordinances they properly belong. The municipalities should
                 consult with their solicitors and the County Planning Office as they proceed -Xffe-nWig-
                 existing or enacting new ordinances for specific guidance as to how the key model
                 ordinance provisions can be incorporated into their existing ordinance structure.

                 Finally, the institutional, section outlines alternative organizational arrangements for
                 developing and managing stormwater control facilities and for administering local
                 ordinances. Since the stormwater management plans cannot be implemented effectively
                 on a piecemeal basis, a -watershed-wide management approach and intergovernmental
                 cooperation are required. Therefore, this study identifies several approaches that the
                 municipalities, county, and state can take to implement a workable stormwater
                 management system.




                 Lake Erk SWMP
                 402&OV9-93








               The nature of the optimal institutional system will be determined to a large extent by
               the roles and duties the system will be expected to fulfill. The system may be expected
               to perform a variety of duties, ranging from planning and regulation to construction,
               operation and maintenance, and financing. Consequently, this plan outlines the range
               of responsibilities associated with stormwater management, describes the capabilities,
               resources and legal authorities necessary to discharge those responsibilities, and
               discusses alternative institutional arrangements.

               The selection of the recommended institutional framework will also depend upon the
               nature of the existing institutional system and the anticipated future roles and
               capabilities of each level of a emment. This plan, therefore, presents an overview of
                                            ,ov
               the existing system and a discussion of expectations relative to the future role of each
               level of government in stormwater management issues.

               CONTENTS OF THE PLAN

               The Lake Erie Area Watershed Stormwater Management Plan report is presented in
               two volumes. Volume 1, the Plan Study Report, contains the plan text and describes
               the background and general characteristics of the study area, the method used for data
               collection, the analytical tools used, results of the analyses, and stormwater runoff
               control alternatives. Specific control requirements and management and regulatory
               responsibilities are identified as they relate to developers and local, county, and state
               agencies. Volume 2, the Executive Summary, contains a condensed overview of the
               plan development process and summarizes the findings and recommendations of the
               plan.

               Copies of the materials and data developed during plan preparation and a working
               version of the Lake Erie Area PSRM hydrologic model are on file at the Erie County
               Department of Planning.

























               LaIm Me SWMP                                1-6
               4026-0219L-93










                                          LAICE ERIE AREA WATERSEOED
                                       STORNMATER MANAGEVOUqT PLAN

                                                       SECTION H
                          LEGAL FRAMIEWORK FOR STORIWWATER NIANAGENIENT

                 GENERAL

                 An analysis of stormwater management would not be complete without a discussion of
                 the law that created the stormwater management program, along with the other laws
                 that relate to its implementation. T"his is particularly true in the case of the Storm
                 Water Management Act (Act 167), where there are relatively few administrative
                 regulations and little case law with which to interpret the Act's meaning and provisions.

                 The law as it relates to stormwater management is not widely understood by local
                 officials, developers, and property owners. Pennsylvania's common law relating to
                 drainage rights has developed over decades into a very complex system. As a result, it
                 is not always easy to determine who has what rights and when. Many persons are still
                 not aware of the extent to which Act 167 redefines prior common law. Further, many
                 municipal officials, engineers, and developers are not well informed on other laws
                 which relate to stormwater, development regulation, and governmental liabilities.

                 Besides the Storm Water Management Act, other laws that collectively provide the
                 legal framework within which to implement a comprehensive stormwater management
                 plan include the following:

                         E      Dams Safety and Encroachments Act (Act 325-1978).

                         0      Clean Streams Law (specifically, the erosion and sedimentation
                                regulations adopted pursuant to the Law).

                         a      Flood Plain Management Act (Act 166--1978).

                         0      Municipalities Planning Code (Act 247, as amended).
                                                       0
                 As part  of this stormwater management plan, each of these laws was reviewed'to
                 determine its scope, standards, duties, penalties and remedies, and enforcement
                 responsibilities. Ile interrelationships between the five statutes and regulations were
                 also examined. Additionally, common law relative to private and public nuisances,
                 municipal codes, and state and municipal immunity statutes was researched relative to
                 the powers, duties, and remedies that are provided for stormwater related issues.

                 A -eneral overview of these items is offered as a background to the discussion of the
                 five statutes specifically impacting stormwater management. Key provisions of each of
                 the five primary statutes are presented and the elements that are most pertinent to the
                 watershed stormwater plan and management program are highlighted.                A brief
                 discussion of governmental immunities is included because it is helpful for the
                 municipalities to understand their potential liabilities. The comments on these acts do
                 not represent official legal opinions or constitute advice on any specific issue or case.
                 This is especially true for Act 167 where there are presently no administrative
                 regulations or case law to interpret the Act. This section is provided solely to assist in
                 a general understanding of the legal ft-amework for stormwater management.


                 Lake Eris SY&O                             H-1
                 4026-02/9.*3










                 CONMON LAW BACKGROUND

                 Stormwater law developed in the courts of the Commonwealth of Pennsylvania and
                 across the United States in cases between private landowners. Common law rights,
                 duties and responsibilities relative to drainage and flooding evolved from the resultant
                 court decisions. In the common law, a basic distinction is drawn between waters in a
                 watercourse and surface waters. A watercourse was defined as a channel with defined
                 bed and banks. Watercourse law also included lakes, ponds, marshes and swamps.
                 Surface water, on the other hand, was defined as diffused water running overland, to a
                 defined channel or watercourse. Flood water which overflowed the banks of a
                 watercourse and followed the course of the stream, was also held to be governed by the
                 laws of watercourses. However, flood waters which entirely lost their connection with
                 a watercourse, spreading out over the adjoining countryside and settling in low places,
                 were governed by the law of surface waters.

                 WATERCOURSE LAW

                 Watercourse law is based on the rights and duties established among riparian pLVPM-LY
                 owners (owners of land along the banks of a river or lake). The fundamental principle
                 of the riparian system is that each riparian owner has an equal right to make a
                 reasonable use of the water of a stream subject to the equal rights for the other riparians
                 to do likewise. A riparian right is reciprocal in that a riparian owner must exercise his
                 rights in a reasonable manner and extent so as not to interfere unnecessarily with the
                 corresponding rights of others.

                 As a general rule in most jurisdictions, a riparian owner does not have the right to
                 construct an embankment or dike to protect his land from ordinary floods, if in so
                 doing he causes damage to the lands of.others. Expressed in slightly different terms, a
                 riparian owner has the right to protect his land but only if he causes no damage to other
                 riparian owners in exercising this right.

                 SURFACE WATER LAW

                 There are three basic doctrines which the courts have adopted regarding surface waters.
                 These are the "common enemy rule", the "civil law rule", and the "reasonable use
                 rule".

                 As originally conceived under the civil law rule, a landowner may do anything he
                 pleases with surface waters regardless of the harm it might do to others. The upper
                 land owner can divert or drain surface waters onto the lower land, and the lower
                 landowner may put up a barrier even if it floods the upper property. Since the water
                 must go somewhere, this concept would appear to inevitably result in contests of
                 enaineering where "mi ht makes right". Therefore, some courts have modified the
                   1?       0             9
                 strict rule, resulting in a "modem common enemy rule". This rule gives landowners
                                                                                          0
                 the right to obstruct or divert surface waters, but only when such obstruction or
                 diversion is incidental to the ordinary use, improvement or protection of their land, and
                 when it is done without malice or negligence.

                 The civil law rule arant  ed the owner of upland property the right to drain surface
                 waters onto lower property;   imposed a duty upon the lower property owner to receive
                 surface water from upland property; granted the owner of upland property an easement


                 Lake Me SWMP                                11-2
                 4026-02/9-93








                of natural flow over the lower property; and prohibited the owner of lower p
                from obstructing the natural flow of diffused surface water from upland
                The key word is natural, meaning those waters which flowed from the land
                alteration or development. A legal cause of action on the part of the lower propesty
                owner was deemed to have arisen when the upland property owner or another party
                interfered with natural conditions or caused water to be discharged in a greater quantity
                or in a different manner than would naturally occur.

                The reasonable use rule is based on tort rather than on property law. In tort law,
                liability is based on negligence. A person can be held negligent if he has not acted like
                a "reasonably prudent man" in a given situation. The reasonable use rule recognizes
                common law in that use of one's property may occur in any reasonable manner which
                does not injure another person or their property. Common law considered the necessity
                to alter drainage to make use of one's property, the reasonable manner of
                accomplishing alterations so as to avoid injury, the utility of the conduct, and the
                gravity of the injury to the other.

                Pennsylvania jurisprudence has, at one time or another, applied all three of the
                doctrines in various cases. The Pennsylvania Storm Water Management Act of 1978
                more specifically and directly assigns responsibilities for stormwater control. Ile Act
                imposes a duty on any landowner and person (including municipalities) engaged in the
                alteration or development of land which may affect stormwater runoff to implement
                measures to prevent injury to health, safety or property.

                STORM WATER MANAGEMENT ACT (ACT 167-1978)

                Ibe two key sections of the Storm Water Management Act are Section 5, which sets up
                watershed stormwater planning programs, and Section 13, which establishes the b i
                standard to manage stormwater runoff to prevent harm to persons and property. A
                primary goal of the Act is to prevent future problems resulting from uncontrolled
                runoff, including flooding, erosion, sedimentation, landslides, and the pollution and
                debris often carried by storm runoff. A secondary goal is the elimination or correction
                of existing stormwater and flooding problems.

                WATERSHED STORMWATER PLANS

                As discussed in the preceding chapter, one of the Act's innovative features is the
                creation of a public stormwater planning, management, and control system at the
                watershed level. Plans are to be prepared for each watershed delineated by the DER.
                Counties must organize watershed advisory committees for each watershed. Each
                committee must be composed of representatives from the municipalities in the
                watershed. The committee is to advise the county during the planning process, and the
                plans are to be adopted by the county commissioners and approved by DER, after
                public review and comment. The completed plans must be consistent with local land
                use plans and state plans, such as regional water quality management plans, the state
                water plan and floodplain programs.

                After the adoption and approval of a watershed stormwater management plan, the
                location, design and construction of stormwater management systems, obstructions,
                flood control projects, subdivisions, major land developments, highways, transportation
                facilities, facilities for the provision of public utilities, and facilities owned and
                financed in whole or in part by the Commonwealth (including PennDOT) must be


                Lake Faic SWMP                             n-3
                4026-0219-93








                 conducted in a manner consistent with the plan (Section 11). This Provision gives the
                 stormwater plan a definite legal status. Unlike municipal comprehensive plans, which
                 are only advisory documents, watershed stormwater plans are legally binding. In
                 addition, each municipality in the watershed must adopt the land use and development
                 ordinn,            six months of the approval of the watershed stormwater                ent
                 plan to implement the plan (Section 11). These regulations must be consistent with the
                 plan, as well as standards of the Storm Water Management Act. Failure to adopt and
                 implement the necessary ordinances may result in the state withholding money from its
                 General Fund for which the municipality might be eligible.

                 BASIC STANDARD FOR STORMWATER MANAGENMNT

                 The basic premise of the Act is that persons whose activities generate additional runoff,
                 increase its velocity, or change the direction of its flow should be responsible for
                 controlling and managing the runoff so that their activities will not cause harm to other
                 persons or property, either now or in the future. The policy is that Pennsylvania's
                 legal system will no longer condone those who negligently disregard the impact of
                 runoff from their activities or allow them to shift the burden of runoff management to
                 the public and downstream property owners.

                 Section 13 of Act 167 defines the legal duties of developers and others engaged in the
                 alteration of land by setting performance standards for runoff management. This
                 section of the Act became effective immediately upon the signing of the Act (October
                 4, 1978). These new standards essentially replace prior common law rules. However,
                 common law rules still apply to all development and land alteration that occurred prior
                 to October 4, 1978. Section 13 states that:
                                            7
                         Any landowner and any person engaged in the alteration or development of land
                         which may affect stormwater runoff characteristics shall implement such
                         measures consistent with the provisions of the applicable watershed stormwater
                         plan as are reasonably necessary to prevent injury to health, safety or other
                         property. Such measures shall include such actions as are required:

                         (1)     to assure that the maximum rate of stormwater runoff is no greater after
                                 development than prior to development activities; or
                         (2)     to manage the quantity, velocity and direction of resulting stormwater
                                 runoff in a manner which otherwise adequately protects health and
                                 property from possible injury.

                 Act 167 defines persons as individuals, private corporations, municipalities, counties,
                 school districts, public utilities, sewer and water authorities, and state agencies. For
                 example, when public agencies build storm sewers, roads, buildings, or utility lines,
                 they must implement runoff control measures that comply with Section 13 standards.
                 Section 13 is a comprehensive standard for stormwater control with the primary
                 stormwater management measure of requiring reasonable actions to prevent harm or
                 injury to health and property. This general duty is contained in the language which
                 precedes Sections 13(l) and 13(2). Thus, the proverbial "bottom line" for stormwater
                 management is to not cause harm. Section 13 then prescribes two alternatives [Section
                 13(l) and 13(2)] for meeting this basic objective.




                 Lake Em SWMP                                11-4
                 4026-021943








                 When Section 13 is read in conjunction with other portions of Act 167, it becomes
                 apparent that the intent of the Act is to protect all persons and property downstream of
                 the site being altered, not only the persons or property immediately adjacent to the site.
                 In other words, Section 13 is not spatially limited and applies not only as the runoff
                 leaves the site, but as far as its impact can be reasonably determined.

                 Section 2 of the Act states that the Legislature found that inadequate management of
                 runoff has adverse impacts on downstream communities and that reasonable regulation
                 of activities causing runoff is fundamental to the public welfare. Section 3 indicates
                 that the Act was intended to manage runoff at the watershed level. Further, Section
                 5(c)(1) requires that watershed plans contain provisions to manage stormwater so that
                 an activity in one municipality does not have adverse effects on persons or property in
                 another municipality in the watershed to which the activity is tributary. Therefore, it is
                 clear that the stormwater plans and management activities must consider the watershed
                 impact of land alteration activities and runoff controls must be designed to prevent
                 reasonably foreseeable harm, from the boundary of the site and downstream to the base
                 of the watershed.

                 The Section 13(l) standard does not contain any limiting language from which it could
                 be implied that no increase in maximum rate means only at a development's property
                 line. Likewise, Section 13(2) contains no language to suggest that its "do not cause
                 harm" standard applies only to neighboring or nearby property. T'he term "runoff
                 characteristics" is not spatially limited since Section 13(2) indicates that runoff
                 characteristics include at least direction, volume, and velocity. Changes in any of these
                 characteristics will affect a stream all the way to its mouth. Downstream from the
                 generator, these runoff changes may result in an increase in peak rate, harm to persons
                 or property, or both.

                 SECTION 13(l)

                 Section 13(l) requires that land alterations not cause an increase in the "maximum rate"
                 of stormwater runoff. In other words, the maximum (peak) rate of runoff after
                 development, for any level storm, may not be higher than the peak rate which would
                 have been generated from the site before development. By referring to rate rather than
                 volume, Section 13(l) implies that total volume of runoff venerated may increase, but
                 any increased volume must be retained and discharged over time so that the
                 predevelopment maximum rate of flow will not be exceeded. This is an important
                 point because a standard that did not permit any increase in volume could only be met
                 at locations where additional runoff could be permanently stored or recharged on-site.
                 Obviously, this would limit the use of many sites.

                 It is not clear whether no increase in the "maximum rate" of runoff applies to the site
                 as a whole or to any point on the site from which runoff was discharged before
                 development. Since the purpose of Section 13 is to prevent harm from changes in
                 runoff characteristics and runoff characteristics include direction, it would seem that the
                 no increase in peak rate standard should apply to each predevelopment discharge point.
                 This interpretation seems necessary to control runoff from large developments in a
                 manner which can achieve the purpose of the Act. Peak rate of discharge from the site
                 as a whole could be used where runoff is discharged to a storm sewer or public
                 retention system.




                 LAke Exic SWMP                              11-5
                 4026-02/9-93







                 Section 13(l) basically states that development cannot increase the maximum rate of
                 runoff at any point, from the boundary of the site to the bottom of the watershed.
                 Also, development may not cause an increase in maximum rate of flow in any other
                 watershed to which its location is tributary. The cutoff point for purposes of Section
                 13(l) seems to turn on the foreseeability of harm. Where it is reasonably possible for
                 the developer to foresee that a higher peak rate will result because of the activities, then
                 the duty imposed by Section 13(l) applies.

                 SECTION 13(2)

                 One of the purposes of Section 13(2) is to make the statutory drainage standard more
                 flexible. Section 13(2) permits changes in runoff characteristics provided they do not
                 cause harm. For example, Section 13(2) permits increased rates of runoff to be
                 discharged into storm sewer systems, when the storm sewers can handle increased
                 volumes and velocities without, in turn, causing harm. However, the Act does not
                 define harm, thresholds of acceptable levels of potential harm, or address issues
                 relating to how the potential for harm is to be assessed. It appears that the burden of
                 establishing no harm is assumed by the developer. Practical problems associated with
                 proving such a negative hypothesis Ci.e. establishing that an action will not produce
                 harm or increase the potential for harm throughout a watershed) is a major concern in
                 developing means of generally incorporating Section 13(2) into watershed plans.

                 VIOLATIONS, PENALTIES, REMEDIES

                 Section 15 of the Storm Water Management Act makes any violation of any provision
                 of the Act or of the watershed stormwater plan a public nuisance. A public nuisance is
                 defined as being a nuisance by its very existence. Therefore, it is not necessary to wait
                 and see if damage results from the public nuisance. An aggrieved person, affected
                 municipality, or the DER can institute suits at equity to restrain or abate a violation of a
                 law and sue for damages caused by a violat    ion of this Act.

                 The state is not subject to penalty provisions and municipalities, county and state
                 agencies are protected to a large extent from private damage suits by governmental
                 immunity statutes. ne rights and remedies created by the Act are in addition to rights
                 and remedies which existed prior to the Act's passage. For example, private persons
                 can still sue for private nuisances.

                 DAMS SAFETY AND EINCROACHMEqTS ACT (ACT 325-1978)

                 Act 325 replaces several older state statutes dealing with dams safety, water
                 obstructions and encroachments. This Act is the primary source of regulation for
                 dams, existing and new obstructions, encroachments, fill in floodplains, culverts,
                 bridges, retaining walls, and storm sewer outfalls in a stream or a 100-year*floodplain.
                 In some cases, retention/detention facilities may qualify as dams under the definition of
                 the Act, requiring a permit from the DER.             The Act requires permits for the
                 construction, or alteration or abandonment of dams, obstructions and encroachments.
                 The owners of existing obstructions or encroachments are also required to obtain
                 permits. Permits are issued by the DER pursuant to the Act and regulations (25 Pa.
                 Code Chapter 105).





                 Lake Eric SWMP                               11-6
                 4026-02/9-93








                 By addressing both new and existing structures, the Dams Safety and Encroachments
                 Act is quite broad in its coverage.       It also requires permittee's and owners of
                 obstructions to inspect, maintain, and repair their structures. For example., owners of
                 culverts must inspect them annually and remove silt and debris if the carrying apicity
                 is reduced by 10 percent or more (Regulations, Section 105.171). If conditions change
                 such that the design of an obstruction or encroachment no longer conforms to the
                 performance standards in the Act or regulations, the permittee or owner has a duty to
                 make such alterations as are necessary to achieve compliance.

                 DER is the prime agency responsible for administering the Act. It must adopt
                 regulations to implement the Act and is the permit issuing agency. The regulation
                 (Section 105.14(b)(9)] requires the DER to consider the project's consistency with state
                 and local floodplain and stormwater management programs when reviewing permits.
                 Thus, the standards and provisions of the Storm Water Management Act and
                 stormwater plans appear to be applicable to obstructions and encroachments. It is
                 important to note that once the watershed stormwater plan is approved, the DER should
                 consider local comments relative to consistency with the applicable watershed
                 stormwater management plan when reviewing permit applications. Also, municipalities
                 should not issue local building permits until necessary obstruction permits are obtained.
                 Violations of the Act are treated as a public nuisance. Therefore, municipalities can
                 sue to enjoin or abate the nuisance, or can make necessary repairs and assess costs
                 against the property. A private person also can sue on a private nuisance. As the
                 prime enforcement agent, the DER can issue orders to permittees and landowners to
                 correct a violation of the Act or of an issued permit. Failure to comply can expose the
                 violator to civil and criminal penalties. This provision includes municipalities and
                 counties when they are the permittee for a structure.

                 If the DER does not sue to correct the violation of the Act, any "affected municipality"
                 may sue in the name of the Commonwealth. An affected municipality includes one
                 where the violation occurs or where dama-e or harm results. The only limitation on
                 these suits is that the municipality must give the State Attorney General 30 days notice
                 of the municipality's intention to act.

                 CLEAN STREAINIS LAW (EROSION/SEDDMNTATION REGULATIONS)

                 Pennsylvania's Clean Streams Law was enacted in 1937 for the purpose of regulating
                 discharges of sewage and industrial wastes. Since its original enactment, its scope and
                 dudes have expanded substantially. In 1972, DER determined that sediment constitutes
                 a water pollutant under the provisions of the law and promulgated regulations for the
                 control of erosion and sedimentation (E&S) caused by earth moving activities (25 Pa.
                 Code, Chapter 102).

                 The general requirement of the E&S regulations is that earth-moving activities
                 (including excavations, land development, mineral extraction or any other activity that
                 disturbs the surface of the land) be conducted in a manner to prevent accelerated
                 erosion and resulting sedimentation of streams and other watercourses, such as culverts.
                 Persons engaged in earth moving activities must prepare E&S control plans for the site.
                 These plans must be available on the site at all times, and sites 25 acres or larger must
                 obtain an E&S permit prior to commencing any activity. As with obstructions and
                 floodplain permits, local building permits should not be approved prior to issuance of
                 an E&S permit.


                 Lake FAie SWMI?                            H-7
                 4026-02/9-93









                 The erosion plans must consider all factors which might contribute to increased erosion
                 during and after land disturbance activities. Plans should include both temporary and
                 permanent control measures, as well as a maintenance program for all control facilities.
                 Since many of these temporary facilities can also serve as permanent stormwater runoff
                 control structures, it is important that E&S and stormwater management controls be
                 designed and reviewed as a package.

                 The adequate enforcement of erosion control plans is critical if stormwater management
                 facilities are to function as designed. If culverts, storm sewers, detention ponds, or
                 other facilities are filled with silt, they cannot function properly to control stormwater
                 flows. As is discussed in subsequent sections of this Plan, problems of localized
                 flooding often are caused by structures filled with sediment and debris. Implementing
                 adequate erosion controls will reduce the amount and cost of maintaining structures.

                 Since the Clean Streams Law antedates the Storm Water Management Act, it does not
                 specially mention the Storm Water Act. However, it can be assumed that E&S controls
                 should be consistent with the Storm Water Act, and certainly an approved watershed
                 stormwater plan. Since E&S controls could affect stormwater runoff management for
                 the site, they would have to comply with Act 167 standards. Also, the Dams Safety
                 and Encroachments Act requires that obstruction permits comply with the Clean
                 Streams Law including the erosion regulations, which in turn must be consistent with
                 stormwater management programs.

                 T"he DER has major administrative and regulatory responsibilities for implementing the
                 Clean Streams Law, and may issue enforcement orders to establish compliance with the
                 law. Failure to comply with an order is a nuisance and exposes the violator to
                 abatement actions as well as civil and criminal penalties. The DER or an affected
                 municipality may sue to abate or restrain anyone who is in violation of the law. A
                 municipality can act in the name of the Commonwealth after due notice to the Attorney
                 General. It is important to note that both private parties and municipalities may be
                 subject to abatement actions. For example, the DER or a neighboring municipality
                 may sue a municipal violator to compel action. When performing proprietary functions
                 (e.g., constructing a road or sewer), a municipality or authority must comply with the
                 same regulations as private individuals.

                 FLOOD PLAIN MANAGEMENT ACT (ACT 166 - 1978)

                 The Flood Plain Management Act requires municipalities with floodplain areas to
                 participate in the National Flood Insurance Program, and to adopt floodplain
                 management regulations that control new development in accordance with the minimum
                 requirements established by the Federal Insurance Administration.            Municipalities
                 participating in the National Flood Insurance Program must require building permits
                 for all construction and development occurring within identified floodplain areas. Such
                 permits are not to be issued until all other required federal and state permits have been
                 received by the applicant. Thus, municipalities should not issue building permits for
                 development within floodplain areas unless the applicant has obtained all necessary
                 obstruction and E&S permits. In addition, building permits should not be issued unless
                 the proposed activity complies with the stormwater management recrulations which have
                 been adopted by the municipality.




                 LAkc Eric SWMP                              U-8

                 4026-OV9-93








                 Through this interrelated permitting process, the Flood Plain Management Act
                 encompasses a comprehensive control of all activities in floodplains. It assures that
                 there is compatibility among the actions governed by the different laws. As noted
                 earlier, preservation of natural floodplains and comprehensive floodplain           emen
                 are key parts of an effective overall stormwater management program. Natural flood
                 areas should be maintained as part of the watershed's natural stormwater control
                 system. Similarly, effective future stormwater management will preserve floodplains
                 and assure that properties not now subject to flooding do not become so in the future.

                 MUNICIPALITIES PLANNING CODE (ACT 247, AS AMIENDED)

                 The Municipalities Planning Code (MPQ is related to stormwater management because
                 of the authority it grants to municipalities and counties.           The MPC enables
                 communities to prepare comprehensive land use plans and capital facilities programs.
                 It also empowers them to prepare and adopt zoning, subdivision and land development,
                 planned residential development, and official map ordinances. The various municipal
                 codes (borough, township, etc.) authorize communities to adopt building/housing codes
                 pursuant to their health, safety, and general welfare powers. These are the major
                 planning and regulatory mechanisms that municipalities will use to implement- the
                 watershed plans. Section 11 of the Storm Water Management Act specifically requires
                 municipalities to adopt "...such ordinances.... including zoning, subdivision and
                 development, building crde, and erosion and sedimentation ordinances..." to regulate
                 development activity consistent with the watershed plan and Act 167. The reference to
                 these ordinances in Section 11 implies that municipalities are supposed to utilize the
                 land use and development authority granted by the MPC.

                 It is necessary to understand that various ordinances - zoning, subdivision and land
                 development, and building - regulate different and distinct aspects or parts of the land
                 use and development process. It is not possible to adopt one type of ordinance and
                 simply include the itenis* and controls covered by the other types of regulations. A
                 community cannot regulate land usage in a subdivision and land development ordinance
                 because the re-ulation of land use is a zoning power.          Similarly, building code
                 reaulations such as structural standards for building construction cannot be contained in
                 a subdivision and land development ordinance.             Therefore, a comprehensive
                 development regulation system requires, in most cases, the utilization of all three types
                 of ordinances: zoning, subdivision/land development and a building code.

                 Applicable stormwater controls should be included in the proper ordinance whenever
                 stormwater is being regulated for a land use or development activity that falls within
                 the scope of one Of the enabling authorities contained in the Planning Code (i.e.,
                 zoning, subdivision/land -development, planned residential development) or under the
                 building code's powers in the municipal codes. For example, if the activity being
                 regulated is a subdivision, then the relative stormwater provisions belong in the
                 subdivision ordinance. If a community utilizes a separate, single purpose stormwater
                 ordinance, the ordinance should be clearly referenced into the appropriate sections of
                 the municipality's zoning, subdivisions/land development and building codes. Also,
                 the preamble of a separate stormwater ordinance should indicate that it is being adopted
                 pursuant to the Municipalities Planning Code, Storm Water Management Act, and
                 applicable sections of the municipal code. Under either approach, when a development
                 activity is within the scope of the MPC, then the municipality should be sure to follow
                 the various plan review processes and other administrative procedures in the MPC,
                 including the procedures for enacting and amending zoning and subdivision regulations.


                 LAkc Eric SWMP                             11-9
                 4026-0219-93









                 The inclusion of specific procedural requirements in the MPC clearly demonstrates the
                 Legislature's concern that all development applications be given a fair and tij@iely
                 review.    Since most stormwater management activities will relate to zoming,
                 subdivision/land development or building code requirements, the stormwater reviews
                 would adhere to the procedures required by the respective ordinances.
                                           I
                 GO VERNMENTAL TORT LMAIUNITY

                 Municipal immunity is becoming a concern to local communities and officials who
                 have adopted and are implementing stormwater management regulations. Pennsylvania
                 and municipal immunity statutes have also been the subject of recent changes and
                 litigation. This section discusses governmental tort immunity and identifies the laws
                 specifically dealing with federal, state, municipal, and public official immunity. The
                 discussion summarizes the basic scope of the laws, with some analysis of the
                 relationship of the new (1979) Subdivision Torts Claims Act to stormwater
                 management issues in local municipalities. Municipal officials, of course, will have to
                 be guided by the advice of their solicitors on potential liabilities as specific cases or
                 situations arise.

                 FEDERAL AND STATE IMMUNITY

                 In common law there were three distinct levels of governmental tort immunity:
                 sovereign immunity, political subdivision immunity, and public official immunity.
                 Sovereign immunity was!part of the common law from its very beginnings and became
                 part of the law of this   'country and the Commonwealth of Pennsylvania when the
                 common law of Englandwas adopted after our county's independence was achieved.
                 The concept behind the doctrine was that the king was sovereign and could be sued
                 only if he consented. In fact, the rule of law came to be that "the king could do no
                 wrong". After independi?.nce, the federal and state governments became sovereign and
                 invested themselves with the @ing's immunity.

                 The U.S. Congress, by statute, has dramatically limited the doctrine of sovereign
                 immunity as applied to the federal government. The Federal Tort claims Act (Title 28
                 U.S.C. 1346, 2671 et. seq.) provides, subject to certain enumerated exceptions, that
                 the federal government can be held liable to the same extent as a private individual for
                 the negligent acts or omissions of its employees-

                 With respect to the state sovereign immunity, the trend among states is to abolish or
                 severely limit the doctrine by statute or case law. The belief is that the doctrine is
                 unfair and not suited to the times. The Pennsylvania courts grudgingly applied the
                 sovereign immunity doctrine, while pointing out its unjust results and strongly
                 suggesting the need for legislation to reform the law. The Pennsylvania Supreme Court
                 finally abolished the doctrine in Maybe vs. Pennsylvania Department of Highways, 479
                 Pa. 384 (1978). This case was decided in mid-July, 1978. Before the end of
                 September of that year, the Legislature had recreated sovereign immunity by statute (42
                 Pa. C.S.A. 58521 et. seq). This new statute does provide for some very limited
                 specifically enumerated exceptions to state sovereign immunity. Most of the ex&Ttions
                 go to negligent failure toiadequately enforce state statutes and regulations. The statute
                 also limits the amounts which can be recovered in suits brought under the exceptions.
                 It is important to note that state immunity extends to state agencies, such as PennDOT
                 and DER.



                 LAkc Eric SWMP                            H-10
                 4026-0219-93











                 MUNICIPAL D4NfUNrrY

                 The second level of government tort immunity which developed as common law was
                 appl@e4 to political subdivisions (i.e., municipalities, counties, municipal authoddes,
                 municipal agencies, comn"u-ssions and departments, including planning commissions and
                 zoning hearing boards). tle historical basis of the doctrine was that local governme=
                 were the agents of the king. A substantial number of states have abolished municoa!
                 immunity by statute of judicial decision. The Pennsylvania Supreme Court first limited
                 the doctrine by holding that it only applied to torts arising out of governmental function
                 (i.e., those activities which are typically performed by government; e.g., police, fire,
                 regulatory, etc.) and not to torts arising out of a municipality's proprietary activities
                 (i.e., activities that could be done by private corporations, such as owning and
                 operating utilities).

                 In 1973, the court abolished the municipal immunity doctrine in Ayala vs. P
                 of Public Education, 453 Pa. 584. The court's rationale was that compensating the
                 victims of negligent public employees should be properly regarded as a cost of the
                 administration of government and should be distributed by taxes to the public which
                 benefits from that ooverriment.        This decision exposed political subdivisions to
                 unlimited liability, the same degree of liability to which private persons and
                 corporations have always been exposed, for negligent acts or omissions and those of
                 their employees and agents. This was the situation until 1978, when the Pennsylvania
                 Legislature enacted the Political Subdivision Tort Claims Act. Since the effective date
                 of this legislation (January 24, 1979), the doctrine of municipal immunity, with certain
                 statutory exceptions, has been resurrected in Pennsylvania. Ile provisions of this Act
                 have been amended and recodified as 42 Pa. C.S. 38501 et. seq..

                 The Tort Claims Act applies to municipalities, municipal authorities, and counties.
                 The purpose of the statute is to limit the liability of political subdivisions for the torts
                 of their agencies, appointed and elected officials, and their employees. Under the Act,
                 a municipality is not liable for damages caused by the negligence of an officer,
                 employee, or agent unless aH three of the following preconditions are met:
                                 ZV

                                 Damages would be recoverable under common law or a statute, if the
                                 defendant was not a municipality.

                                 The injury was caused by the negligence of the municipality or its
                                 officers, employees, or agents operating within the scope of his or her
                                 office or employments.

                                 The negligent acts or omissions by a local agency or its officer or
                                 employer fall within eight specified categories of activity. The specified
                                 categories @re:

                                                Operation of a motor vehicle.

                                                Care, custody, and control of personal property of others.

                                                Care, custody, and control of real property in the
                                                possession of the local agency.




                 Lake Erie SNVMP

                 4026-02/9-"








                                                 Dangerous condition of trees, traffic signs, lights, or odw
                                                 traffic controls under care, custody, or control of the local
                                                 agency.

                                                 Dangerous condition of stream, sewer, water, gas, or
                                                 electric systems owned by the local agency.

                                                 Dangerous condition of streets owned by the local agency.

                                                 Dangerous condition of sidewalks within the right-of-way
                                                 of streets owned by the local agency.

                                                 Care, custody and control of animals within the
                                                 possession of the local agency, [Note: The numbers used
                                                 here correspond to the numbering of these categories
                                                 under Section 8542(b)].

                 The final four categories above are further conditioned by the requirement that a
                 plaintiff must prove that the local agency had actual notice or could reasonably be
                 charged with notice of the dangerous condition at a sufficient time prior to the event to
                 have taken measures to protect against the danger.

                 The Torts Claims Act limits municipal liability to eight specific areas of activity. If an
                 acti@ity does not fit into any of the eight categories, then it appears that the
                 municipality is not subject to any liability. For example, a municipality does not seem
                 to be liable for damn e caused by stormwater runoff from a development constructed
                 according to subdivision plans negligently approved by municipal officials or
                 employees.      Under the Torts Claims Act, failure to use reasonable care (i.e.,
                 negligence) in the plan review and ordinance enforcement process does not fit into any
                 of -the eight categories. Therefore, even though there was negligence on the part of the
                 official in performing the duty prescribed in the subdivision regulations and hann may
                 have resulted, the Act appears to prevent the injured party from recovering damages
                 against the municipality. After the Ayala case and before the effective date of the Tort
                 Claims Act, the case law in Pennsylvania would have imposed liability on the
                 municipality in this situation.
                 The Political Subdivisions Tort Claims Act probably would be held to be controlling
                 with respect to suits of injured parties (e.g., those injured by runoff that would not
                 have occurred but for the negligent enforcement of a municipal ordinance), although
                 the other acts (e.g., Storm Water Management) appear to create municipal liability.
                 Both acts should be read together. Since the Tort Claims Act is directly applicable,
                 unless the court finds a clear express Legislative intent to impose liability, the Tort
                 Claims Act would control. An affected municipality or aggrieved person could take
                 action under Section 15(c) of the Storm Water Management Act to enjoin a
                 municipality from taking an action, such as a negligent plan approval, because such
                 action was a violation of,the Act. Similarly, an aggrieved party may be able to force
                 the municipality or official to enforce liability. If "streets* includes culverts and
                 bridges supporting them, as it would seem it should, any culvert or bridge which does
                 not meet the requirements of the Obstructions Act (which incorporate the Storm Water
                 Management Act standards) could expose the municipality to action for damages. For
                 example, damages which result from backwater flooding due to failure to clean culverts
                 or-undersized culverts under a municipal street might be recoverable.


                 LAka Eric SWMP                              11- 12
                 4026-02/9-93









                 The Torts Claims Act only protects municipalities and their officials from Rd= suits.
                 It does not protect them from enforcement orders issued by a     stft agency or from any
                 criminal penalties provided by a state statute. Both the Obstructions Act and Tlean
                 Strearns Law provide for DER enforcement orders and criminal penalties for viobWons
                 of the statutes.

                 OFFICUL MMUNM.;

                 The final area of tort immunity is that immumity given to public officials, employees,
                 and agents themselves. Sections 8545 and 8546 of Title 42 Pa. C.S. generally codify
                 the common law rule with respect to official immunity. These sections provide that an
                 elected and appointed officer, employee, or agent when carrying out official duties and
                 acting within the scope of his or her employment, is liable for damages caused bX his
                 or her negligence only to the same extent as is the governmental unit (i.e.   '  provis;Wns
                 of Paragraph 8542 of the Tort Claims Act are applied to public officials). II&
                 coverage does not extend to independent contractors under contract with the govem-
                 mental unit, where the unit has no right of control. This could be the case for many
                 consulting engineers.

                 In one respect, official immunity is broader than municipal immunity since the official
                 may assert certain defenses. These include those available to employees at common
                 law, good faith, and that the action was discretionary. There is no liability for
                 discretionary as opposed to ministerial acts. Thus, most actions of members of the
                 governing body of a municipality would be immune. In another respect, however,
                 officials may be held totally liable. Title 42 Pa. C.S. Paragraph 8550 provides that
                 when the conduct of the official constitutes a willful criminal act or involves actual
                 malice or actual fraud, the immunity statute does not apply. Tbus, if an official
                 intentionally fails to enforce a regulation, he or she may be held personally liable to the
                 extent of all of their private assets for any damage that their act causes. However, as
                 noted above, the municipality is not liable.























                 Ls" Erie SVYW                              U-13
                 402&02/9-"




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