Tool Kit Helps Builders Address Storm Water Requirements - 1/10/2005 - Attorney Lawyer Legal Building Codes Zoning

Tool Kit Helps Builders Address Potentially Devastating Storm Water Requirements

Over the past few years, it has become clear that the TMDL program can affect home builders in several ways — beginning with restrictions on activities covered by revised state water quality standards and ending with potential scenarios in which no building is allowed.

The states are being required to develop TMDLs for 48,000 “impaired” waters across the country. If a construction site is located in a watershed associated with these waters, a TMDL can require pollution reduction for construction site storm water discharges, making a National Pollutant Discharge Elimination System (NPDES) permit significantly more difficult to obtain.

The NAHB tool kit is designed to provide home building advocates — including state or local association executive officers, government relations staff and interested members — with information on how the TMDL can affect the industry and what they can do about it.

“The TMDL program has teeth and, if builders aren’t careful, it can take a bite out of the home building industry,” say the authors of the primer. “Luckily, builders have a well-earned seat at the TMDL table as important stakeholders in this publicly driven process. Unfortunately, too often the first time builders learn of costly TMDL-based requirements is when they are already finalized and being implemented.”

The NAHB kit provides a general overview of water quality standards, the 303(d) impaired waters listing process, basics of the TMDL development process and opportunities for the public to participate.

A second section of the NAHB resource describes the process and the elements that should be included when TMDLs for sediment are developed by the states or the Environmental Protection Agency to ensure that they are scientifically defensible and take a practical approach.

“For NAHB members, it is not a matter of ‘if,' but ‘when’ the TMDL process will have an impact on how and where land is developed for residential construction,” the authors say. “So, ‘when’ the time comes for involvement to be necessary, ‘The TMDL Tool Kit’ is ready and available to meet the needs of the advocates of the home building industry and their technical experts.

For more information, email Chandler Morse at NAHB, or call him at 800-368-5242 8327.