PWD to reduce stormwater earth disturbance threshold to 5,000 square feet

FixItPhilly Coalition/BIA Government Affairs

Christine Marjoram and Brian Mohl of the Philadelphia Water Department announced that the city is preparing for a reduction in the current earth disturbance threshold for triggering stormwater management regulations from 15,000 to 5,000 square feet. Within the next six months the new rules will be in place and much small properties will require a city stormwater permit. The move comes in response to state pressure on Philadelphia to better align its requirements with neighboring suburban counties. PWD is looking for BIA input on possible approaches, including graduated rules for projects less then 15,000 square feet in size, a trading or banking option, and providing small site design solutions. Immediate reaction to the news was strong. “The impacts are huge,” said David Perlman, President of the Building Industry Association, “stormwater management is a driving cost that makes projects workable or not.”

Coalition leader Bob Rosenthal recommended the group take a proactive role. “This is coming from the state, so the change is coming. We need to weigh in now,” he said. Rosenthal asked Ms. Marjoram if the Department of Environmental Protection (DEP) would consider a fee-in-lieu approach. “Perhaps we could work with Parks Commissioner Mike DeBerardinis and support his department’s goals for greening Philadelphia,” he suggested. “Stormwater fees could be income-producing and facilities could be located in targeted areas of the city.” Coalition members also suggested that on sites where there is enough space, it is not too costly for a developer to add stormwater management capacity for another project. Others warned that some developers may try to get around the new regulations by subdividing properties into even smaller lots.

When asked about the timeframe, Christine Marjoram said that PWD is working with the state next year and would like the Coalition’s feedback as soon as possible. The department is currently developing a draft ordinance for the Pennypack Watershed that will incorporate these new requirements, so input will be critical in the next six months.

In other news, PWD announced that DEP revised its Chapter 102 NPDES Permit regulations for projects greater than one acre in size. The changes became effective on November 19, 2010. PWD will also be increasing its presence during stormwater management construction and will work more closely with L&I to close out the process.