AISWCD RESOLUTION 2007-4

PROPOSED RESOLUTION TO DIRECT NPDES PERMIT FEES TO THE IEPA

WHEREAS, urban development is occurring in many Illinois counties with significant erosion and sediment problems to downstream areas and the water bodies of the state.

WHEREAS, any person that develops or disturbs an area of greater then 1 acre requires a National Pollution Discharge Elimination System (NPDES) permit, as administered and issued by the Illinois Environmental Protection Agency (IEPA).

WHEREAS, permit holders currently pay an annual fee of $500 to the State of Illinois for such NPDES permit.

WHEREAS, the IEPA keeps very little of these funds for the purpose of enforcing the needed erosion and sediment control measures that are listed in the required Stormwater Pollution Prevetion Plans as part the NPDES permit. The bulk of these funds go to the general fund for the State of Illinois.

WHEREAS, the IEPA currently administers a pilot projects that has contracts with 16 Illinois SWCDs to provide educational and inspection services to holders of NPDES permits. For the past 2.5 years these SWCD have provided inspections to hundreds of developing sites with a significant reduction in erosion on the site and sediment that would have left the site.

WHEREAS, all of the parties involved in this pilot project have acknowledged the substantial improvement in compliance with NPDES regulations and overall improvement in urban soil conservation practices being applied to developing lands.

THEREFORE, let it be resolved that the Association of Illinois Soil and Water Conservation Districts will actively pursue and support the redirection of the NPDES annual permit fees. The IEPA would keep these funds for the sole purpose of administering and carrying out the intention of the NPDES program. These funds would be used to offer to any Illinois SWCD the opportunity to enter into a contract with the IEPA to provide inspection and educational services on current NPDES permits. SWCDs would not be forced in any way to participate.

Note: It should be noted and understood that SWCDs and their staffs do not and will not be involved in any violation and enforcement proceedings in non-compliance issues. This activity will remain the sole responsibility of the IEPA.

Approved by Champaign County SWCD on May 30, 2007.
Approved by the Lake County SWCD on May 31, 2007.
Approved by Madison County SWCD on June 5, 2007.
Approved by Kendall Co. SWCD on June 11, 2007.
Approved by Macon Co. SWCD on June 12, 2007.
Approved by Land Use Council 16 on June 5, 2007.
Approved by Land Use Council 3 on June 7, 2007.
Approved by Legislative Committee: June 11, 2007.
Approved by Resolution Committee: June 11, 2007
Approved by AISWCD Board: June 12, 2007.
Approved by St. Clair Co. SWCD on June 14, 2007.

Resolution 2007-4 PASSED on July 30, 2007

Supplemental information for resolution 2007-4

National Pollution Discharge Elimination System- Phase 2
The Soil and Water Conservation District’s Role

The National Pollution Discharge Elimination System (NPDES) program was revised in 2003 by the federal government. This program regulates any land disturbing activity over one acre (agricultural activities are exempt). Construction activities that relate to subdivisions, commercial developments and any activity that could cause excessive stormwater and erosion runoff are affected by this regulation. These activities are required to have an NPDES permit as approved by the Illinois Environmental Protection Agency (IEPA) on file and at the site. 

To be in compliance with the permit, each developer is to have a stormwater control plan prepared for all of the phases of their proposed development. The plan is to address how the developer intents to control erosion and minimize sediment from leaving the site.  Once the plan is complete a permit application is submitted to the IEPA, a fee of $500 is paid and, following a 30-day public notice, a permit is issued. The stormwater plan is reviewed by the IEPA at the time of a site inspection. If local city/county regulations are more strict then state requirements, then the local ordinances take precedence.

On most sites, erosion and sediment control is addressed by installing barriers of silt fence, temporary seedings and mulching, sediment retention basins and structures installed in ditches to control gully erosion. These and other measures are practices that SWCD staff has extensive experience in applying on agricultural land. Most of these measures require maintenance and cleaning as they fill with sediment. Although these measures are planned, frequently they are not applied or applied and maintained incorrectly. 

The storm water permit program has more than doubled the number of NPDES permitted facilities, and IEPA inspectors do not have the time to inspect all permitted sites.   As a result, excessive erosion and off-site sedimentation from construction sites have occurred throughout many Illinois counties.

In 2004, the IEPA and several Soil and Water Conservation Districts entered into interagency contracts. The SWCDs agreed to perform the initial inspection on selected permitted sites.  Per the contract, SWCD staff is required to be registered nationwide as a Certified Professional in Erosion and Sediment Control. The IEPA retains the ultimate authority to address violations of the permit process.Using this program, the SWCDs have worked with developers, contractors, engineers and municipal officials to minimize some of the serious sediment problems that continue to pollute our streams and lakes. The participating SWCDs are compensated for their work at a rate of $250 for the initial and a follow-up inspection. The Districts receive an additional fee of $40 per hour if more than two inspections are necessary.

IEPA, the participating SWCDs and many of the local developers, contractors, engineers and municipal officials have spoken highly about this partnership and the need to develop a long-term program.