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Md. leads the region in reducing stormwater runoff [Letter]

Laws and LegislationLocal GovernmentEnvironmental PollutionNational Government

Under the leadership of the O'Malley-Brown Administration, Maryland has made great strides toward improving the quality of the natural environment, and it continues to lead the region in efforts to reduce polluted stormwater runoff. Recognizing that this runoff is responsible for a significant percentage of the pollution to the Chesapeake Bay and its tributaries, Maryland is aggressively addressing this issue along many fronts, including passage of the landmark Stormwater Management Act of 2007, issuance of new municipal stormwater permits that take bold steps toward cleaning up runoff pollution, and tighter limits on sprawl development.

For all those reasons, a recent Sun report on stormwater management was disappointing ("Bay advocates say state lax in monitoring county stormwater controls," Jan. 3).

The article focuses on the status of triennial reviews of county stormwater control programs — even though such reviews are just one of several ways in which the Maryland Department of the Environment interacts with local jurisdictions and monitors progress on this important issue. When the picture is considered in its whole, it is clear that Maryland is fully engaged in local efforts to reduce this pollution source.

The federal Clean Water Act-mandated "MS4" stormwater permits issued to municipalities and counties and the Watershed Implementation Plan required under the Chesapeake Bay TMDL (pollution loading limits) allow MDE to provide close oversight of local stormwater programs by requiring local jurisdictions to submit annual reports describing the size and scope of their stormwater program, funding and staffing, pollution prevention efforts, monitoring and documentation of progress toward meeting water quality goals.

MDE works closely with the U.S. Environmental Protection Agency to enforce compliance with all permit provisions. As part of this state-federal coordinated effort, EPA has audited all of the MS4 jurisdictions within the last two years and has even issued financial penalties where it has found program deficiencies. As MDE moves forward with the next generation of permits for Baltimore City, Prince George's and Baltimore Counties, regulatory oversight over the counties is being further strengthened with clearer, more stringent permit language.

Since the passage of the Stormwater Management Act of 2007, which established Maryland as a national leader in sustainable development by requiring the use of low-impact approaches for all new development, MDE has worked closely with local counties and municipal government governments to implement this new law.

Although the Sun article suggests that MDE's oversight of local jurisdictions has been lax with respect to the new law, in fact the department has made implementation of the act a high priority. MDE worked with local governments to develop new regulations to implement the act, provided model ordinances to ensure consistent implementation across jurisdictions, updated our stormwater design manual with detailed standards and specifications for low-impact development practices and provided technical guidance for local government and private-sector engineers and developers.

We have devoted extensive resources to providing technical support to local governments that are charged with ensuring that all private development meets the new standards. Last fall, we held a series of very well-attended forums with local county stormwater officials from across the state to assess their experiences in implementing Maryland's new stormwater requirements and provide guidance to improve the programs.

To be sure, continued and consistent oversight of county stormwater programs is a critical element in our ongoing efforts to restore our watersheds. However, triennial reviews are only one tool in the toolbox, and focusing on this single area misses the broader point: We need to shift the discussion away from misguided notions that stormwater utility fees are a tax on the rain, and that the state's only role is that of an enforcer.

We are seeing as a result of this administration's unrelenting focus on building a smarter, greener, growing Maryland tremendous progress on the environmental front that is coming by way of innovation, new partnerships and a new green economy. Each of us has a role to play in our efforts to protect and clean our water. Maryland continues to be committed to continuing to work as hard as possible to protect this valuable resource.

Robert M. Summers

The writer is secretary of the Maryland Department of the Environment.

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Copyright © 2014, The Baltimore Sun
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