Ga. companies must reapply for storm-water permits

April 27, 2006
By S. Heather Duncan
TELEGRAPH STAFF WRITER

Thousands of companies across the state, from mines to poultry farms to power plants, will soon have to reapply for environmental storm-water permits now that legal challenges have been resolved.

The general storm-water permit for industry requires 3,500 to 4,500 Georgia companies to create plans for controlling their storm-water runoff and, in some cases, testing to be sure their pollutants are not washing into streams and lakes.

The permit, which sets basic storm-water requirements for all industry and special requirements for certain businesses, is supposed to be re-issued by the state Environmental Protection Division every five years. But controversy stalled the permits three years ago, extending a public feedback process and eventually resulting in an appeal by environmental organizations such as the Altamaha Riverkeeper group in Middle Georgia.

In the meantime, the permit that expired in 2003 was extended, but no new or expanded businesses have been able to get permits since.

"They could operate but they couldn't get formal coverage," said Chip Scroggs, environmental specialist with the EPD's storm-water unit. "We strongly urged them to go by the requirements of the permit anyway."

Environmental groups hammered out a compromise with the EPD, the Georgia Poultry Federation and the Georgia Industry Environmental Coalition in March. This allowed the EPD to propose a permit, which is currently open to public comment.

According to the groups involved, there were two sticking points in the state's original proposal: public access to companies' storm-water prevention plans and testing requirements for disease-causing bacteria. Tests for fecal coliform are used to indicate the presence of animal and human waste that can contain organisms such as E. coli.

"There were serious deficiencies in the permit they proposed," said Deborah Sheppard, executive director of the Altamaha Riverkeeper group.

Originally, it would have allowed the state to negotiate fecal coliform limits with companies on a case-by-case basis. But Sheppard said universal monitoring was needed, especially with chicken litter washing into streams from rapidly multiplying poultry farms.

On the other hand, industry groups complained that the fecal coliform standard was unrealistic: It basically assumes that people would swim in streams during storms, said Larry Neal, technical adviser to the Georgia Industry Environmental Coalition. The coalition represents companies such as kaolin company Engelhard Corp., Georgia Power, Georgia-Pacific timber and Norfolk Southern railroad.

Both sides agreed to use a new approach: measuring solids suspended in the water.
"Bacteria tend to be associated with the suspended matter," Neal said. "If you control suspended matter, you control bacteria, phosphorous and other substances. ... The clearer the water, the better quality you have."

Phosphorous is another pollutant common in chicken litter.

The state has considered changing the fecal coliform standard for years but hasn't concluded how to better measure unsafe bacteria levels in streams. It's unclear whether this new approach eventually could be adopted statewide.

"We'll determine if it's a good surrogate over the course of the permit," Scroggs said.

The new permit includes a timed process for providing companies' storm-water plans to the public and requires new annual reports on compliance with storm-water rules.
Companies that operate upstream from polluted stream segments must now conduct additional testing, Scroggs said.
Scroggs said he does not anticipate opposition to the new version, so the permit likely will be issued this spring.

To contact writer S. Heather Duncan, call 744-4225 or e-mail hduncan@macontel.com.
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MORE INFORMATION
A public hearing is scheduled for Monday at 10 a.m. in the Environmental Protection Division's Atlanta Tradeport offices, 4244 International Parkway, Suite 144. The state EPD will accept comments as part of the hearing record until Monday.

Further written public comments can be submitted until May 5 by writing to:
Lawrence Hedges, Non-point source program manager, Georgia Environmental Protection Division, 4220 International Parkway, Atlanta Tradeport, Suite 101, Atlanta GA 30354.
Written comments received by Monday will be part of the hearing record for Monday's public hearing.

For businesses
Based on the comments, the EPD will make any final changes warranted, then formally issue the general permit. After the permit becomes effective, existing facilities must submit a notice that they intend to release storm water under the permit within 30 days. Permit coverage begins seven days after the postmark of the company's notice. Existing facilities have 90 days to update their storm-water plan to meet the new permit requirements.

New facilities must submit a notice of intent a week before beginning industrial activities, and must turn in a storm water plan by the first day of operation.