Puget Sound Communities Told to Implement LID Techniques

The Washington State Pollution Control Hearings Board has found provisions in the state's 2007 Phase II municipal storm water general permit to be legally inadequate. The permit regulates storm water controls in 85 cities and portions of several counties around Puget Sound.

In its Feb. 3 ruling, the board affirmed its August 2008 ruling that the largest Puget Sound cities and counties must take more aggressive steps to reduce storm water runoff, including mandatory use of low-impact development (LID) techniques.

While finding that the smaller Phase II cities and counties do not need to mandate the default use of LID immediately, as the larger Phase I jurisdictions do, the board concluded that the state Department of Ecology must do more to implement LID in these areas in the near future. The ruling indicates that greater use of LID techniques, such as reduced impervious areas, greater protection of native vegetation and onsite storm water management, will be necessary.

"The board effectively affirmed what we all know to be true--existing storm water programs are not adequate to meet our shared goals of protecting and restoring the health of Puget Sound by 2020," said Sue Joerger of Puget Soundkeeper Alliance. "It's time to aggressively implement stronger controls before more damage is done."

Storm water runoff from roads and rooftops that is discharged to the lakes, rivers and streams that empty into Puget Sound has been cited as the number one threat to the health of the water body.

"The Puget Sound Partnership, the National Academy of Sciences, the U.S. EPA and countless other scientific bodies are telling us that we need to dramatically change the way we manage storm water," said Kathy Fletcher, executive director of the nonprofit People for Puget Sound. "The region should begin aggressively implementing the most effective practices immediately."

To review the Washington State Pollution Control Hearings Board decision, visit www.earthjustice.org/library/legal_docs/phase-ii-final-order.pdf.

Source: Environment News Service