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Stormwater requirements change to align with EPA

Stormwater requirements change to align with EPA

WARREN — City council passed legislation Wednesday designed to increase requirements of contractors to prevent stormwater runoff in future construction projects.

One piece of legislation lays out EPA requirements for reducing stormwater pollution during construction projects and the second creates a comprehensive stormwater management program once construction is completed. Council passed the two ordinances 8-1, with Councilman Ken MacPherson, D-at Large, voting against them.

MacPherson said he would have liked to have had committee meetings at which members could have reviewed the 20-page proposals in detail and possibly suggested changes.

“It behooves us to have public meetings before we vote on legislation that make major changes in our requirements,” MacPherson said.

He had questions about proposed penalties that contractors would face if they fail to meet the requirements of the new laws. Penalties could be a high as $5,000 to $10,000 per violation per day if the issue is not addressed.

There also are possible criminal penalties if the city can prove that noncompliance to the rules demonstrate criminal intent of the contractor. Administrative penalties could range from $100 to $300 per violation.

A representative with the city’s Water Pollution Control department noted that the fines and penalties placed in the ordinance were recommended by the federal EPA so there would be an enforcement mechanism in place.

Councilwoman Helen Rucker, D-at Large, said the ordinances passed by council are EPA mandates that the city is simply codifying on its books.

Safety Service Director Eddie Colbert noted the legislation is designed to protect the city’s waterways by adding more stringent requirements for people doing work in the city.

Water Pollution Control Director Ed Haller said average residential customers will see no direct increase in costs. The ordinances are designed to update city requirements originally put in place in 2003.

“Since then, there have been many changes to both the permit requirements from Ohio Environmental Protection Agency and the best design practices of how to manage stormwater effectively,” Haller said.

The city was required by the Ohio EPA to update its ordinance by Oct. 1. The city already had been given one extension to codify the legislation into law, but the ordinances were not completed.

Haller said both Trumbull and Mahoning counties already have passed similar legislation.

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