New regulations, intended to protect water quality by addressing stormwater pollution, require significant action on the part of municipalities here and across the country. These new provisions, contained in the Federal Environmental Protection Agency Phase II Rule, begin to impact Westchester communities as early as March of 2003, when initial filings are due. Communities that are regulated Municipal Separate Storm Sewer Systems (MS4s), which most Westchester communities are, must comply with general permit requirements issued by the New York State Department of Environmental Conservation (NYSDEC). Westchester MS4s will have to establish, develop, implement and enforce stormwater management programs to reduce the "discharge of pollutants to the maximum extent practicable" and institute the following six control measures: (1) public education and outreach; (2) public participation/involvement; (3) illicit discharge detection and elimination; (4) construction site runoff control; (5) post construction runoff control and (6) pollution prevention/good housekeeping. Also MS4s must identify Best Management Practices and measurable goals to be included in periodic reports to the NYSDEC. Operators of MS4s covered by the Phase II rule must obtain permit coverage within 90 days of the permit issuance and by the end of a five year period must fully implement comprehensive stormwater management programs. Cooperation Works Best

Recognizing that water knows no boundaries and that cooperative action across communities is the best way to address stormwater issues, the 12 communities that are part of Long Island Sound Watershed Inter-municipal Council (LISWIC) have been working on measures to meet the requirements of the Stormwater Phase II regulations by coordinating stormwater planning on an inter-municipal basis. A key proposal advanced by LISWIC is a special act to be adopted by the New York State Legislature to permit these communities in the Lower Long Island Sound Drainage Basin to form a regional district to comply with the Phase II regulation and, more importantly, to enable the District to plan, administer and fund a comprehensive stormwater management program. The District will have a mission to protect life and property from storm, waste, flood and surplus surface waters; to protect water quality; to prevent siltation, contamination and erosion of waterways; to protect aquifers; to protect aquatic life; to ensure compliance with State and Federal water quality requirements; to increase public education and citizen involvement and to encourage the preservation of natural drainage systems.

Initial Responsibilities

Initial responsibilities of the District will include developing five detailed plans: (1) a public education and citizen involvement plan relative to land use and human activities that impact water quality; (2) long-range basin and watershed plan for the development, coordination and implementation of basin and watershed activities; (3) an operation and maintenance plan that will include inspection and enforcement of land development and redevelopment; (4) a capital improvement plan that will guide the acquisition, construction, replacement and renovation of facilities and equipment needed to address the region-wide infrastructure; and (5) a source control plan to reduce herbicides, pesticides, strengthen on site sewage system connections and advance the use of BMPs.

Governance and Funding

Although the management of stormwater on a regional basis is not new, and is quite prevalent around the country, the LISWIC proposal is unique in that the member municipalities will be self governed through a District Board. Decisions in regard to finances, plans, management and operations will be made by the municipalities themselves, rather than similar to existing regional models in Westchester in which the County Government, itself, serves as the single decision making entity. Phyllis Wittner, Councilwoman in the Town of Mamaroneck, is the chair of the LISWIC group promoting this concept and has provided the leadership in working with the Cities of Mount Vernon, New Rochelle, Rye; Town of Mamaroneck; Town/Village of Harrison, Scarsdale; Villages of Larchmont, Mamaroneck, Pelham, Pelham Manor, Port Chester and Rye Brook. The district will have authority through an incentive based fee system, based in part on the amount of impervious surfaces, to raise funds for operations and capital improvements, which will alleviate each municipality from the need to tax and on a separate basis provide the resources and programs to comply with the Phase II regulation. A Sub-Committee of LISWIC has started an information program and has already done presentations in Mamaroneck, Rye and Pelham Manor. For presentation dates for the other communities, please call 914-381-7845. Residents are encouraged to attend the presentations since this LISWIC action constitutes a major public policy initiative for addressing, in a more efficient manner, the complex issues associated with comprehensive stormwater management.