The Georgia Stormwater Management Manual outlines the background of the current laws that owners, operators, developers, and builders must meet. One pertinent part of the Manual explains as follows:
2.3 Water Quality Regulations
The increasing focus on nonpoint source pollution and stormwater quality with the amendment of the Clean Water Act in 1987 and subsequent legislation requires Georgia communities to address urban runoff water quality. Numerous federal and state requirements define what is required of local governments in terms of their local stormwater management programs and related community planning and development efforts. . . ..
2.3.1 Municipal NPDES MS4 Stormwater Permit Program (Phase I and II)
The National Pollutant Discharge Elimination System (NPDES) permit system was originally established by the Clean Water Act of 1972 to control wastewater discharges from various industries and wastewater treatment plants known as "point" sources. Congress amended the Clean Water Act with the Water Quality Act of 1987 to expand the NPDES permit program to address "nonpoint" source pollution through schedules for permitting municipal stormwater discharges. The Municipal Separate Storm Sewer System (MS4) stormwater discharge permit establishes guidelines for municipalities to minimize pollutants in stormwater runoff to the "maximum extent practicable."
Under Georgia EPD's Municipal Separate Storm Sewer System (MS4) permit program, local governments in regulated areas are required to establish a comprehensive stormwater management program (SWMP) and to develop a plan and program to control stormwater pollution discharges to waters of the State to the maximum extent practical and to eliminate nonstormwater discharges from entering the stormwater system.
This is accomplished through the implementation of a municipal program which includes such measures as structural and non-structural stormwater controls, best management practices (BMPs), regular inspections, enforcement activities, stormwater monitoring and public education efforts. Stormwater management ordinances, erosion and sediment control ordinances, development regulations and other local regulations provide the necessary legal authority to implement the stormwater management programs.
Since 1993, the Phase I permit requirements have applied in Georgia to large and medium municipal separate storm sewer systems (defined by a population greater than 250,000 and population between 100,000 and 250,000, respectively, or those areas contributing to water quality violations). The Phase I program includes all the following jurisdictions:
- All local governments in the five-county Atlanta metro area of Clayton, Cobb, DeKalb, Fulton and Gwinnett counties, including the City of Atlanta
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Federal regulations were adopted in 1999 to extend the NPDES MS4 permit program to smaller (Phase II) communities. . . .
At the law firm of Teague & Chambless, LLLP, Stuart Teague and other attorneys working with him represent the interests of developers, builders, associations, and home owners who are affected by water quality and pollution issues.
