July 2024, Volume 19, Issue 4
TABLE OF CONTENTS
President's Corner
Happy New Year SESWA Members. There are several “new years” – the federal fiscal new year is October 1, USGS also recognizes October 1 as the start of the new “water year”, and many state and local governments recognize July 1 as a start to their new year. SESWA recognizes July 1 as the start of the new year and just last week the Executive Committee reviewed the 2023-2024 fiscal year budget and received a status update on several initiatives underway.
Like your strong passion to seek solutions to surface water quality and stormwater management challenges, SESWA is organizationally, financially, and technically strong. We are strong organizationally due to its continued guidance and leadership from AMP and the SESWA Board of Directors, as well as the awesome work the programmatic committees are doing. Financially, SESWA is very strong due to efficiently run conferences and seminars; good participation at the conferences and seminars; and a growing number of members. The 2023-2024 fiscal year closed with 218 member organizations (approximately 1,600 individuals) – the most in SESWA history. Technically, SESWA is strong as it continues to focus more on supporting communities in their endeavors to become more resilient. A major investment SESWA is making to support its members is the Annual Conference and SESWA’s 19th Annual Regional Stormwater Conference is just around the corner. Your attendance and engagement at the Conference goes a long way to making SESWA even stronger than it is today. It provides the opportunities to network with stormwater professionals around the Southeast, participate in SESWA committee meetings, and seek new and innovative solutions that your fellow colleagues have implemented.
Thank you for all of your efforts to make SESWA strong!! But remember this anonymous quote: “A comfort zone is a beautiful place, but nothing ever grows there.” Again, thank you for your passion to improve our surface waters and your dedication to SESWA. Stay strong and please remember to venture outside your comfort zone!!
Dave Canaan
SESWA President
Now for a personal note: Since I was 17 years old, I had a job in the environmental/engineering field every year of my life. Frankly, I have been very fortunate to never have had a terrible job and working turned into my “comfort zone.” I really like to work (especially on initiatives where we got out of the comfort zone) and engage with others that have the same passion. Well, it is time to bring that to an end and to “grow” in other ways. I fully retired on Friday, July 26th, as such, so my tenure as your President has come to an end. Demetria Kimball-Mehlhorn, with Lexington Fayette Urban County, is serving as Interim President until elections are held in October at the Annual Conference – thank you Demetria! I want to thank all of you for your support, guidance, and dedication over the years. But most of all, I want to thank my family, who accepted how much work meant to me and almost never held that against me. ~ Dave
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Honoring Brian Bates
 Brian Bates, a respected and beloved figure in the southeast stormwater management community, has passed away. As a Program Director and Vice President at Woolpert, Bates was known for his unique blend of technical acumen and deep understanding of the complexities of stormwater and floodplain management.
Bates' contributions to the stormwater community were truly remarkable. He was a tireless advocate, always striving to find innovative solutions to the challenges faced by stormwater professionals. In addition to his professional career, he served on SESWA’s Board of Directors and Stormwater Policy Committee. He also helped in the formation of the South Carolina Association of Storm Water Managers, serving on the Board of Directors and remaining active in the organization for over 20 years. His unwavering commitment to the field and his ability to effectively communicate complex technical concepts made him a sought-after expert, respected by his peers and industry leaders alike.
Beyond his professional accomplishments, Bates was also known for his humor, warm personality and his ability to bring people together. He was a mentor to many, generously sharing his knowledge and insights, and inspiring others to push the boundaries of what was possible in the realm of stormwater management.
The loss of Brian Bates is a profound one, and his legacy will continue to inspire and guide the stormwater community for years to come. As we mourn his passing, we also celebrate the indelible mark he has left on the industry, and the countless lives he has touched through his tireless work and unwavering dedication.
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Find Solutions and Grow Your Professional Career with SESWA
Active SESWA members will tell you that the benefit of membership includes resources like continuing education, stormwater-specific regulatory updates, and timely online resources. But beyond the list of benefits, SESWA also offers peer-to-peer networking and mentors that can assist in the growth of your professional career. As you grow your stormwater network, you will discover innovative and cost saving solutions to everyday challenges. If you haven’t already renewed for the new year (July-June) this could be your last newsletter! After your current 30-day Grace Period, your membership will end on July 31st. Don’t miss this chance to be part of a growing stormwater community across the Southeast (1,600+ individuals) as we find better ways to protect water quality and the environment. Renewal details have been sent to your organization’s primary contact by email or you can contact SESWA anytime, we’re happy to help! We look forward to serving you!
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SESWA’s Annual Conference – Registration Open!
 You are invited to join us for SESWA’s 19th Annual Regional Stormwater Conference! The Conference will be held October 9-11, 2024 at the Marriott Chattanooga Downtown in scenic Chattanooga, Tennessee. Wednesday will host a number of Pre-Conference events including a Stormwater Projects Tour in downtown Chattanooga and a Pre-Conference Workshop focused on Wetland and Natural Solutions for Stormwater Management. The Thursday/Friday Conference will feature an agenda developed by your peers, access to continuing education, networking opportunities with other stormwater professionals, great presenters, and much more. Visit the Conference webpage for complete information including registration details, exhibitor and sponsor opportunities and much more!
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SESWA Photo Contest – And the Winners Are...
Thank you to the members who participated in the 2024 SESWA Photo Contest! This year's contest saw winners from four different states throughout the Southeast! The winning photos are now featured on the SESWA homepage and other submittals can be found throughout the website. The winners of the 2024 Photo Contest are...
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SESWA Webinar – It’s Not Too Late!
Did you miss SESWA’s July Webinar From Better Stormwater Management to Greater Sustainability? It’s not too late, SESWA members can view the webinar presentation and recording online at no cost thanks to our 2024-2025 Communications Sponsor
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SESWA Community Forum – Join the Conversation
SESWA is committed to being a trusted resource and maintaining open channels of communication. As a member of SESWA you have access to an online Forum to post questions, share information, and discuss emerging issues with your peers throughout the Southeast! Here's the latest from the Forum:
Talking about Sustainability and Green Infrastructure
John Butler, Gwinnett County, GA
Recently, I joined a call with the Southeast Sustainability Directors Network because they were focusing on learning about green infrastructure. The call was great and I had the chance to talk about... Read more...
ASCE 2024 GA Report Card
Zorana Kojic, OptiRTC
The American Society of Civil Engineers (ASCE) recently published their 2024 GA Report Card. The grade given for its stormwater infrastructure was a C-. Some of the key issues mentioned were... Read more...
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Regional WOTUS Decision
Kevin Coyne, SESWA
Many decisions concerning the authority and jurisdiction over wetlands regulations have been held in the hands of the United States Supreme Court. Numerous decisions and opinions have come from the nation’s capital on how much authority the federal government has on Waters of the United States (WOTUS). The Southeast, specifically North Carolina, has weighed in on WOTUS regulations, with a recent June decision that sided with the federal government’s authority to protect coastal wetlands. The court case, while ongoing and tied to another case about unauthorized pollution, recently moved to not accept the notion for a preliminary injunction against the federal regulatory agencies, and denied the request in a detailed decision. The decision, White vs Environmental Protection Agency, provides some clarification on jurisdictional authority based on the Sackett Decision of 2023, and could be used as a foundation for other cases in terms of supporting the guidelines provided last year. This is an ongoing case and SESWA will continue to track and follow as more information becomes available.
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Stormwater Fees Face Scrutiny
Kevin Coyne, SESWA
All stormwater practitioners working with infrastructure know that it takes money to keep up with the pace of operation, maintenance, and replacement of stormwater management systems. While there may be dollars available via federal and state programs to assist with the resources burden, many government entities have a monetary fee in place to help with funding the projects and efforts that keep systems working and operating properly. Unfortunately, some areas of the country are now facing a battle to keep those fees in place, and in some instances, facing legal challenges. In Pennsylvania, a state commonwealth court found that the Borough of West Chester, which had an existing stormwater fee in place, was actually implementing an unauthorized tax, which in this case was a state university which claimed the Borough of West Chester had no mechanism to show how that the university benefited from the fee. The decision is currently in the appeal process, but this is a good example of what stormwater professionals should be watching, as the success of this case could carry over to other institutions that believe they receive no benefit from stormwater fees.
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SCOTUS Rules on Chevron Doctrine
Kevin Coyne, SESWA
On June 28, 2024, the Supreme Court of the United States (SCOTUS) handed down a decision that could greatly impact legal challenges against federal agencies utilizing their expert opinions as justification for a legal requirement or regulatory decision. The strategy of using the expert opinion to set laws is commonly referred to as a Chevron Decision (or Chevron Doctrine) approach and has been used in countless cases where judicial officials refer to the expert opinion and do not opine on a subject or dictate policy based on their beliefs. This news is based around the Loper Bright Enterprises v. Raimondo case, where a fishing company was challenging a federal agency for charging them a daily fee to have an observer on board to monitor their catch. The fishing companies appealed this case all the way to SCOTUS, who then referred to the original Chevron Decision (from over 40 years ago) as a misguided and not sound approach. Ultimately, this new decision could have far reaching impacts and allow the judicial branch to dictate policy based on their opinions vs. a topic expert’s knowledge. The ruling may also require the federal government to develop sound and robust policies (that can face a challenge) and not rely on previous efforts that depend on the Chevron Approach.
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Federal Flood Risk Management Standard
Kevin Coyne, SESWA
On July 11, 2024, the Federal Emergency Management Agency (FEMA) released a final rule on Federal Flood Risk Management Standard (FFRMS). FFRMS is touted as a flexible framework to increase resilience against flooding and help protect communities. The new standard is based on more recent science that will better protect communities that face flooding impacts. The FFRMS applies to FEMA funded projects and allows further oversight over projects utilizing this federal resource. The new standard also applies to Hazard Mitigation Assistance projects, including structure elevation, dry floodproofing, and mitigation reconstruction. The new rule, pending delays or challenges, will be effective September 9, 2024. SESWA would recommend reviewing the new rule standards for any future FEMA funded projects, and the new requirements may necessitate additional project standards to maintain eligibility.
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Resili-ability: The Best of Both Worlds
John Butler, Gwinnett County, GA
 Resiliency and sustainability are often lumped together, but are these two terms interchangeable? The answer turns out to be “sorta.” Some overlap does exist as green infrastructure can help with resiliency and can definitely be considered sustainable. However, gray infrastructure can also aid in resiliency, but will rarely be considered sustainable.
 Resiliency determines how a system will respond to a stressful situation, such as a 500-year rain event or a storm surge. Sustainability determines how infrastructure fits into the big picture with considerations about material selection and sourcing, community benefits and equity, and ecological impacts or enhancements. Another way of deciphering this is to consider time. Weathering a storm and bouncing back quickly is resilient, while handling a number of environmental and climatic changes over the long term, without contributing to the causes of those changes, is sustainable.
In the future, it is critical for the health of our ecosystems and our communities to consider infrastructure project planning and implementation through both lenses.
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Should We Table There Again? Evaluating Events and Audiences for Public Outreach
Gretchen Judkins and Julie Berbiglia, Nashville Water Services, TN
Is your public outreach calendar the same each year? And is that the best approach to get your message out? In Nashville, TN we have been reassessing our event participation based on evaluation data with surprising - and somewhat daunting - results.
Using an evaluation tool developed by Vanderbilt University Program Evaluation students, we surveyed people on our participation at events - including knowledge gained, behavior change, barriers to taking action, name recognition, and interest in various topics. We modified the survey for in-person interviews at events to focus on booth interaction.
Our data pointed to a surprising conclusion - some of the largest events we have always participated in are not yielding the results that we need to justify our continued participation. Meaningful interactions were not proportionate to the event attendance, the audience skewed heavily towards tourists, and many of our non-profit partners were present sharing the same message (in some cases also sharing our materials, which we appreciated).
We are using this data to vet events, maximizing the impact of our after-hours and weekend staff time. Our managers are supportive, and our time is better spent. Another win for evaluation!
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Florida Finalizes Statewide Stormwater Rule (Update from January 2023 Article)
Steve Peene, Geosyntec Consultants
In 2020, the Florida Legislature passed the Clean Waterways Act which directed the Florida Department of Environmental Protection (FDEP) to update its stormwater design regulations. On June 28, 2024 the Governor signed the legislation that ratified what is known as the new Statewide Stormwater Rule. Most of the updates that occurred in the Applicant’s Handbook, Volume I (applicable statewide) and Volume II (regionally applicable by water management district), are the primary guides for stormwater facility permitting and design in Florida. In SESWA’s January 2023 newsletter article on this topic it was identified that the most significant change in the updated regulations was specific nutrient reduction goals that will apply for all projects going forward, replacing previous presumptive design criteria. Through Florida’s legislative process of rule ratification, and based on public input, a number of the nutrient reduction targets in the proposed Statewide Stormwater Rule were changed. The following table below outlines the finalized design criteria.
|
Site Description
|
Percent Reduction |
Additional Criteria
|
| TP |
TN |
| General Sites |
80 |
55 |
Or, Post Loading. Whichever is greater. |
| Sites in OFW Basins |
90 |
80 |
Or, Post Loading < Pre Loading. Whichever is greater. |
| Sites in Impaired Basins |
80 |
80 |
And, Post Loading < Pre Loading for pollutants not meeting standards.
If basin has a TMDL, meet % reduction in TMDL for pollutants of concern. |
| Sites in OFW + Impaired Basins |
95 |
95 |
And Post Loading < Pre Loading plus net improvement. |
| General Redevelopment Sites |
80 |
45 |
NA |
| Redevelopment Sites in OFW |
90 |
60 |
NA |
| Redevelopment Sites in TMDL |
80 |
45 |
Post Loading < Pre Loading for pollutants not meeting standards. |
For details about the new Rule visit FDEP’s ERP Stormwater Resource Center page.
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Chattanooga's Stormwater Division Partners with USDR to Enhance Citizen Engagement and Service Delivery
Maria Price, City of Chattanooga, TN
Chattanooga TN's Stormwater Division was selected by the city’s Innovation Delivery and Performance team to participate in a pro-bono research initiative led by U.S. Digital Response (USDR) to boost citizen engagement and service delivery via its website and better understand preferred methods of messaging. USDR aids governments with digital tools to tackle civic challenges, enhancing public service accessibility and responsiveness.
USDR will collaborate with Chattanooga to understand local needs, refining the division's online presence for easier resident access to information, feedback, and Stormwater programs. Research will also gauge public perceptions of litter and the effectiveness of Chattanooga's litter collection efforts, particularly the boom on Chattanooga Creek. This aims to increase community involvement in cleaner waterways.
The project will define effective messaging approaches, leveraging technology and community insights to bolster environmental stewardship and service delivery, fostering a healthier, more engaged Chattanooga.
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NACWA Corner
Provided by the National Association of Clean Water Agencies
Matthew McKenna, Director, Government Affairs
 NACWA Joins Letter to EPA Calling for Increased Resources for Stormwater Management
A coalition of public clean water and stormwater utilities, NGOs, and water quality professionals sent a letter to Michael Regan, U.S. Environmental Protection Agency Administrator, outlining principles to improve water quality through better stormwater management. The organizations signing the letter include the National Association of Clean Water Agencies (NACWA), American Rivers, the National Municipal Stormwater Alliance (NMSA), and the Water Environment Federation (WEF).
The letter, sent in response to the lack of discussion about water and stormwater infrastructure during Infrastructure Week in May, emphasizes the need for increased federal investment in stormwater infrastructure. It highlights EPA's recently released 2022 Clean Watershed Needs Survey, which states that communities will need at least $115.3 billion over the next 20 years for stormwater infrastructure alone. Additionally, the letter also references the 2022 Municipal Separate Storm Sewer System (MS4) Needs Assessment Survey and its finding that 90 percent of MS4 communities have done little or no planning to increase the resilience of their communities or storm sewer systems in the face of anticipated changes in rainfall due to climate change, potentially leading to severe environmental and infrastructural damage.
The letter includes several recommendations to EPA on how best to help provide municipalities with federal resources to improve stormwater management. They include increasing targeted funding for stormwater management, increasing flexibility in the Clean Water State Revolving Fund (CWSRF), improving communication efforts between the federal government and local governments, and better incorporating Integrated Planning (IP) so that municipalities can coordinate stormwater, wastewater, and drinking water management.
The letter specifically calls on EPA to increase funding and financing tools for stormwater and wastewater management while incorporating more flexibility for communities to access these resources. Examples of actions that EPA can take to increase funding and financing tools include reducing barriers to entry in the CWSRF for stormwater capture and green infrastructure projects, including expanding revenue streams that qualify stormwater systems to access the CWSRF.
EPA should also develop a communication and coordination plan to enhance state, municipal, and regional interagency plans for stormwater management. A federal communications strategy could highlight successful stormwater management and reuse projects and practices throughout the country and allow other states to incorporate the lessons learned into their stormwater management efforts. This collaborative approach could expand the types of benefits and trade-offs evaluated in water management decisions.
Additionally, EPA should look to create guidance to enhance public-private partnerships with stormwater infiltration, including using stormwater credit trading to help broaden the participation of private landowners.
Finally, EPA needs to incentivize better and encourage states to incorporate Integrated Planning (IP) into stormwater, wastewater, and drinking water management plans. IP can assist communities in managing costs while prioritizing their clean water investments. This approach helps municipalities to develop water resources management plans that best address their stormwater, wastewater, and drinking water needs while maximizing environmental benefits.
Please contact Matthew McKenna, NACWA’s Director of Government Affairs with questions.
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