Central New York Stormwater Coalition Regular Meeting June 17, 2011 Town of Salina Offices, Liverpool, NY

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1 Central New York Stormwater Coalition Regular Meeting June 17, 2011 Town of Salina Offices, Liverpool, NY Attendees: Kathleen Bertuch (CNY RPDB) Mark Burger (Onondaga County SWCD) James Conlon (Town of DeWitt) David Coburn (Onondaga County) James Craw (Village of Fayetteville) John DeHollander (Oswego SWCD) Anthony DeStefano (Village of Solvay) Ronald DeTota (C&S Engineers) Pamela DiCarlo (Village of North Syracuse) Bernard English (Town of Salina) Ellen Hahn (NYS DEC) David Hanny (Barton & Loguidice PC) Kristy Harris (CHA Inc.) Jason Hoy (Town of Van Buren) David Kubek (CNY RPDB) Mark LaFaver (Town of Salina) Paul Legnetto (Onondaga County) Matthew Millea (Onondaga County) William Morse (WM Engineers) Jason Perkins (Town of Salina) Steve Procopio (Town of Cicero) Mary Robison (City of Syracuse) Mary Ellen Rose (Madison County) Anne Saltman (CNY RPDB) Donald Spies (City of Syracuse) Lloyd Sutton (Town of Pompey) Mark Territo (Town of Clay) David Tessier (Village of Manlius) Joseph Wisinski (Madison County) Guest Presentation: K. Bertuch began the meeting with introductions. M. Millea, Deputy County Executive of Onondaga County was introduced and gave a presentation discussing several items related to Onondaga County s stormwater management programs, including progress with the CSO Abatement program using both green and gray infrastructure, the sewer use ordinance now in effect to prohibit discharge of stormwater to sanitary sewers, the County s stormwater education program, and opportunities to coordinate with the Coalition s efforts in assisting MS4s. Call to Order of Regular Meeting and Election of Interim Chair: D. Kubek opened the meeting. The first order of business was to elect an Interim Chair since the organization was now operating under an Intermunicipal Memorandum of Agreement. D. Coburn nominated D. Tessier to be the Interim Chair, and A. DeStefano seconded the nomination. The motion was unanimously passed. D. Tessier recognized the efforts of the Organizational Committee and urged more participation from other Coalition representatives in future efforts and ad hoc committees.

2 Approval of Feb. 17, 2011 Minutes: R. DeTota noted that although he had not been present, he believed that text indicating Ellen Hahn clarified that all NOIs received by New York State Department of Environmental Conservation (NYSDEC) in Albany by March 1, 2011 must be based on the new design standards was incorrect, and should read on or after March 1, E. Hahn concurred that this was what she had said. The motion to approve the minutes with this change was made by J. Craw, and D. Coburn seconded. The motion passed unanimously. E. Hahn noted that since the February meeting, NYSDEC has designated some exceptions allowing the use of the old design standards for NOIs submitted on or after March 1. This includes projects that had applied for municipal approvals prior to March 1 and had completed SWPPPs using the old design standards. Progress Updates: K. Bertuch noted that the transfer of the EPF grant from the Town of Manlius to CNY RPDB was complete and had cleared the New York State approval process. She announced the completion of several items in the MS4 Education and Outreach Compliance Assistance Program: Updated Guide for Municipal Officials (March) Annual Report MCM 1 compilation (April) Post-Standard Stormwater Pullout (April) Self-mailer/newsletter to the construction industry (May) Planning and Zoning Board Workshop re: new stormwater design standards (May) First insert in the Green CNY section of the Post-Standard (May) Planning will soon get underway for a Municipal Good Housekeeping Workshop to be held in October. Additional inserts in Green CNY will be completed in July and September. The bus shelter posters were scheduled for June but were postponed due to graphics and location challenges. K. Bertuch listed progress on items identified in the initiatives matrix distributed at the 2/17 meeting: Improvements to the CNY RPDB stormwater website and online library of stormwater materials Submittal of collective questions on the NYS Stormwater Design Manual updates Sending of outfall inspection information developed by Onondaga County to Oswego and Madison County MS4s M. Burger of Onondaga County Soil & Water Conservation District (SWCD) announced that the SWCD has contracted with the Town of Onondaga and Village of Fayetteville Village to perform construction inspections and provide SWMP review assistance. CNY RPDB and SWCD have been working together to identify ongoing activities conducted by the SWCD that support MS4 compliance and that can be included in the joint MS4 annual report.

3 K. Bertuch stated that CNY RPDB is currently drafting a grant application to Great Lakes Restoration Initiative (GLRI). The proposed program will recognize good stormwater management practices on homeowner properties, provide incentive to implement improvements, and establish a green infrastructure cost offset program. Ms. Bertuch indicated that the Coalition planned to prepare a single collective annual report in 2012, but noted that compiling paperwork and signatures from all participating MS4s would be challenging, and that timely submittal would be important. B. English mentioned that there is an available software program that enables such information to be compiled collectively with relative ease. Organizational Committee Report: D. Tessier introduced an amendment to the current Memorandum of Agreement (MOA). The amended agreement incorporates language governing the structure and membership of the Coalition. The amended MOA eliminates the need to develop a separate set of Bylaws therefore simplifying the process of ensuring consistency in multiple organizational documents over time. D. Tessier requested that the amended MOA be presented to municipal governing boards for adoption and signature by August 31, A. Saltman distributed copies of the revised MOA and a version tracking all changes from the previously adopted MOA. She indicated that the MOA was developed based on effective examples being used by Coalitions within and outside New York State. The amended MOA has undergone some legal review, and language is provided to allow for the addition of new and non-traditional MS4 members. She reinforced the need that the amended MOA be approved by the MS4s and signed by August 31, A. Saltman noted that the primary changes are the designation of CNY RPDB as Treasurer and formation of an Executive Committee. A Financial Officer was placed on the Committee to review and coordinate with financial material prepared by CNY RPDB. D. Tessier stated that the only restriction to consultants acting as representatives is that individual consultants can represent only one municipality. A. Saltman also listed the non-voting members, including Onondaga and Oswego County SWCDs, Madison County Planning, NYSDEC, and CNY RPDB (to be added to the signature page). The recording officer will be CNY RPDB. D. Tessier pointed out that in approaching municipal boards, representatives should emphasize that there is no additional cost associated with signing the amended MOA. K. Bertuch stated that municipal fees for Education and Outreach services and documentation of the Onondaga County IDDE program costs will be used as match to the current EPF grant through December At that time, it will be necessary to have an equitable fee structure in place to support Coalition staff services A. DeStefano suggested setting a deadline for submittal of comments on the amended MOA. The deadline was set for July 15, Comments are to be sent to A. Saltman. Stormwater Local Law: D. Kubek stated that the current MS4 permit indicates that local law language may be based on any of the three construction permits that have been issued: GP-02-01, GP , or GP , except in instances when the MS4 Permit (GP ) is more stringent. Most local laws are currently based on GP This is in compliance with the MS4 permit, but has the potential to cause confusion for those in the construction industry, as there are inconsistencies between the local law text and the text of GP The

4 group agreed that D. Kubek would highlight the inconsistencies and work with P. Legnetto and E. Hahn to develop language resolving them. NYSDEC approval is not needed for a municipality to include standards stricter than the SPDES permits in its local law. The possibility of increasing fines for violations of the local laws was suggested by J. Craw, as the $350 currently charged is not much of a deterrent. It was noted that stop work orders are more effective, but a higher fine may be worth considering. Maintenance Agreements for Stormwater Management Practices on Private Property: D. Kubek distributed two examples of maintenance agreements: one provided by the Town of Onondaga and the other developed by the Town of Cicero in coordination with the stormwater construction/post-construction working group that met several times in 2005 and D. Kubek outlined important similarities as well as a number of differences between the two documents. He requested that a committee be formed to examine these differences, determine which version to use for each individual item, or generate alternative language. R. DeTota, W. Morse, and B. English volunteered to participate in the committee along with D. Kubek. Meeting Requirement of No Net Increase in Discharge of Pollutants of Concern: D. Kubek distributed and summarized some key facts regarding the requirement, and also provided the permit language and list of affected bodies of water. He indicated that the current EPF grant contains funding to develop a Request For Proposals (RFP) to perform the required modeling ensuring No Net Increase in Pollutants of Concern in watersheds of non-negligible land use change that discharge to impaired waters. He requested that a technical committee be formed to examine the model(s) to be used (no model is specifically endorsed by NYSDEC), the parameters of concern, and the scale and detail level of the analysis. The model is to be used to determine the effectiveness of SWMPs and recommend practices to improve them. The volunteers to join Mr. Kubek in the Technical Committee are: D. Hanny, R. DeTota, P. Legnetto, D. Coburn, J. Hoy, and Russell Houck (City of Syracuse, appointed by M. Robison). D. Hanny asked how the Coalition intends to resolve the cost of this service, which is not being provided to Madison and Oswego County MS4s, since the requirement pertains only to Onondaga County MS4s. He also expressed concern regarding equal service to MS4s who have taken initiative to do modeling and those who have not. D. Kubek and D. Tessier indicated that these are topics that need to be explored in detail at a future meeting. Documentation of Green Infrastructure Implementation Issues: The need exists to compile a list of issues and challenges presented by the implementation of the new stormwater design standards, including design, review, construction, inspection, enforcement and maintenance. The list would continue to be added to on an ongoing basis and would periodically be distributed to the Coalition to promote dialogue and solutions. The intent is also to submit the list to NYSDEC to obtain clarification and/or to provide justification for changes or amendments to current standards and regulatory requirements. New Business: D. Kubek stated that the new draft NPDES Construction General Permit had been released for review and comments are being accepted by EPA until July 11. He stated that he would distribute the link and compile comments from the Coalition members. D. Coburn inquired as to whether, given the short timeframe, it is

5 appropriate to attempt to submit a collective set of comments, or instead submit the compiled list back to the Coalition and have them use it as guidance for preparing individual comments. D. Kubek agreed that the second option was better and stated he would set a deadline for submittal by July 1st. Action Items and Next Meeting Date: A. Saltman summarized the action items and responsible parties noted in the discussion above: Distribute amended MOA to municipal boards for comments, due by July 15, and approval and signature, due August 31(CNY RPDB, and All) Compile list of model local law inconsistencies with GP and develop recommendations to resolve them (CNY RPDB, E. Hahn, P. Legnetto) Convene subcommittee to discuss post-construction stormwater practice maintenance agreements and determine recommended language for consistency throughout SUA (CNY RPDB, B. English, R. DeTota, P. Legnetto, W. Morse) Convene technical committee to discuss development of RFP for No Net Increase in Pollutants of Concern modeling work (CNY RPDB, D. Hanny, P. Legnetto, D. Coburn, R. DeTota, J. Hoy, R. Houck) Begin compiling list of stormwater design standards implementation issues (CNY RPDB and all) Distribute link to new NPDES permit and compile comments (CNY RPDB) The next meeting date was set for Wednesday, September 14, 2011 at 9:00 AM at Salina Town Hall. The meeting was adjourned at 11:10 AM.

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