County engineer says new WVDEP stormwater permit will require revisions to county stormwater ordinance

County Engineer Doug Smith told the Berkeley County Planning Commission that the West Virginia Department of Environmental Protection issued a new stormwater permit on Oct. 14 that will likely require revisions to Berkeley County's stormwater-management ordinance and related program changes for regulated urban areas.

Smith said he had just received the permit the morning of the meeting and that the new permit will probably produce several revisions, especially for areas subject to the county's MS4 (municipal separate storm sewer system) program rather than countywide requirements. Staff expects changes affecting redevelopment standards, stormwater-quantity and -quality controls, and extended detention/infiltration requirements.

Smith highlighted several provisions the county will need to evaluate: a Chesapeake Bay total daily load methodology that applies to drainage areas within the Chesapeake Bay watershed; increased attention to leaking sewer systems and inspections for illegal discharges or connections into storm drains; and expanded emphasis on best-management practices for small-commercial sites such as automotive shops. He also said the permit text includes attention to animal-waste sources and guidance about where large livestock operations should be sited relative to water resources.

Smith told commissioners the MS4 program's threshold for regulated activities has changed over time (previously 5,000 square feet of impervious surface; now one acre), which narrows or shifts the areas subject to certain controls. He said the county has about six months to come into compliance with the new permit and that he will return with proposed ordinance revisions.

Commission members asked whether the permit would affect local concerns such as the Bridal Creek area, exemptions for agricultural and agritainment activities, and whether seniors could be exempted from any stormwater-related tax. Smith said agricultural exemptions and applicability will need further clarification from the state and that some agricultural building permits have been treated differently from stormwater requirements under the Clean Water Act.

Smith said MS4 staff will increase inspections and that DEP provided a preferred complaint form for logging stormwater complaints. He also noted that certain maintenance activities, such as lane-widening projects, are treated differently under the permit and that schools, public facilities and some roads currently do not submit permits in the county's process.

Smith and planning staff said they will review the permit language in detail, consult with MS4 program staff and return to the commission with recommended ordinance revisions and clarifications. Commissioners asked to receive the permit text and staff analysis when available.

Doug Smith concluded that some elements appear to be more of a cleanup of ambiguous language from the prior permit, while other elements — especially those addressing redevelopment, animal-waste and Chesapeake Bay requirements — will require focused review by staff.