EPA Proposing Mandatory 61-Page Stormwater Questionnaire for Developers

February 2010Newsletters In the Zone

Apparently not satisfied with addressing the runoff from construction sites, the EPA has indicated that it will consider limitations for postconstruction runoff discharge as well. The EPA is considering requiring significant limits and the maintenance of controls on stormwater coming off of newly developed and redeveloped sites that will be regulated forever, not just during the period of construction. It plans to have new rules of some sort in place by November 2012.

To have a sound basis for these limits, the EPA is proposing to collect information from various stakeholder groups. It intends to distribute a questionnaire to about 1,000 developers as well as MS4 operators and state agencies.The EPA plans to mail the 61-page questionnaire to developers around April 2010 for response within 60 days. A response will be mandatory and failure to respond could result in civil or criminal enforcement.

The questionnaire is designed to collect financial, environmental and technical data on projects covering the period 2005 to 2009. Some information to be collected includes: the company's balance sheet and income statements; a description of site particulars for completed projects; and land acquisition, development, financing and sales costs for each project.

The EPA estimates the information collection will cost just more than $4,000,000 http://commons.wikimedia.org/wiki/File:Sediment_basin_EPA.jpg and will take the typical company 53 hours to complete the questionnaire.

More information, including a schedule of public meetings on the draft questionnaire, can be viewed on the EPA web site.

For more information, please contact Robert W. Gundlach, Jr. at 215.918.3636 or [email protected].