Agenda Item # 12
March 29,2011
Public Hearing
MEMORANDUM
March 25,2011
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative AnalystcJmiJ
ill
Public Hearing:
Expedited Bill 7-11, Stormwater Management - Revisions
Expedited Bill 7-11, Stormwater Management - Revisions, sponsored by the Council
President at the request of the County Executive, was introduced on March 15, 2011. A
Transportation, Infrastructure, Energy and Environment Committee worksession is tentatively
scheduled for April 12 at 2:00 p.m.
Bill 7-11 would limit the use of certain alternative stormwater management measures to
redevelopment projects. Specific alternative stormwater management measures for new
development and redevelopment were added to County law by Expedited Bill 40-10, which the
Council enacted on July 27, 2010. The Executive's transmittal memorandum indicates that the
Maryland Department of the Environment considered the language applying alternative
stormwater management measures to new development to be less restrictive than State law and
therefore not in compliance with State law. MDE
did
not object to allowing alternative
stormwater management measures for redevelopment projects.
This packet contains:
Expedited Bill 7-11
Legislative Request Report
Memorandum from County Executive
Circle #
1
3
4
F:\LAW\BILLS\11 07 Stormwater Management - Revisions\Public Hearing Memo,Doc
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
7-11
Concerning: Stormwater Management ­
Revisions
Draft No. 1
Revised:
3/11/2011
Introduced:
March 15. 2011
Expires:
September 15 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _---:'":_ _ _ _ _ _ __
Sunset Date: ....:.N..:.;,o""'n=e_ _ _ _ __
Ch. _ _• Laws of Mont. Co. _ __
t
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
limit the use of certain alternative stormwater management measures to
redevelopment projects; and
(2) generally amend County law regarding stormwater management.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Section 19-26
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the
btllby
amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No, 7-11
1
Sec.
1.
Section 19-26 is amended as follows:
19-26. Stormwater management design criteria.
2
3
4
5
*
(c)
*
*
Alternative stormwater management measures [which] that may
be used for [new development or] redevelopment include:
(1)
(2)
an on-site structural best management practice;
an off-site structural best management practice or off-site
environmental site design to provide water quality
treatment; or
(3)
a
combination
of
impervious
area
reduction,
6
7
8
9
10
11
12
13
14
15
environmental site design implementation, and an on-site
or off-site structural best management practice within the
limit of disturbance.
Sec. 2.
Expedited Effective Date.
The Council declares that this Act
is necessary for the immediate protection of the public interest. This Act
takes effect on the date when
it
becomes law.
Approved:
16
17
18
Valerie Ervin, President, County Council
Date
19
Approved:
20
Isiah Leggett, County Executive
Date
21
22
This is a correct copy ofCouncil action.
23
Linda M. Lauer, Clerk of the Council
Date
}i1
WIBILLS\ 1107 Stormwater Management - RevisionslBill I.Doc
'2\
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Expedited Bill 7-11
Stormwater Management - Revisions
DESCRIPTION:
PROBLEM:
Amends Chapter 19, Article II of the County Code to comply with
the Maryland Stormwater Management Act of2007
Expedited Bill 40-10 was forwarded by the County Executive to the
County Council and passed by the Council on July 27, 2010. As
required by State law, the bill which was forwarded by the Executive
had received preliminary approval by the Maryland Department of
the Environment.
Amendments to the bill were made during the review of the bill by
the Council. MDE has given approval for all of those amendments
except for a portion of Section 19-26. MDE considers this change in
language to be less restrictive than State law and regulation; and,
therefore, not acceptable. This bill addresses and modifies the
language that MDE will not approve.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
The legislation modifies Section 19-26(c) of Chapter 19, Article II of
the Code for compliance with State law and regulation by removing
language pertaining to new development.
Department of Permitting Services, Department of Environmental
Protection
No additional impact for the Department of Permitting Services
None
For compliance with State law and regulations
MDE approval of storm water management legislation is required for
all counties and municipalities within the State of Maryland.
Rick Brush, Manager, Water Recourses, Department of Permitting
Services, 240-777-6343
All except Rockville, Gaithersburg, and Takoma Park
Class A
F:\LAw\BILLS\II07 Stonnwater Management· Revisions\LRR.Doc
 PDF to HTML - Convert PDF files to HTML files
OFFICE OF THE COUNTY EXECUTIVE
Isiah Leggett
County Executive
ROCKVILLE, MARYLAND 208S0
MEMORANDUM
March 8,2011
TO:
FROM:
SUBJECT:
Valerie Ervin, Council President
Wah Leggett, County
EXeCUtive~---L
~
Legislation relating to Proposed Stormwater Management
I am forwar::ding to the Council for introduction a bill to revise Chapter 19, Article
II ofthe County Code to comply with State Stormwater Management (SWM) requirements. I
am also forwarding a Legislative Request Report for this bill.
Council enacted Expedited Bill 40-10, Stonnwater Management on July 27, 2010.
The bill required stonnwater management through the use ofEnvironmental Site Design (ESD),
nonstructural best management practices to the MaximUm Extent Practicable (MEP) in
compliance with the Maryland Stonnwater Management Act of 2007.
The Maryland Department of the Environment (MDE) approved all of the
provisions ofExpedited Bill 40-10 except for the portion of County Code Section 19-26 relating
to the use of specified alternative SWM measures for new development. MDE considered this
part of Section 19-26 to be less restrictive than State law and, therefore, not acceptable. The
attached bill modifies Section 19-26 by repealing the option ofusing alternative SWM measures
for new development; thereby bringing County law into compliance with State requirements.
As required by State law, Expedited Bill 40-10 was forwarded by the County
Executive to MDE before
its
introduction in Council and received preliminary approval.
However, the part of the bill to which MDE objects was added by Council amendment Please
note that any further amendments to the County's SWM law will also be subject to review and
approval by MDE.
For more infonnation on this bill, please contact Rick Brush, Water Resources
Plan Review Manager, Department of Pennitting Services, at 240-777 -6343.
Attachments
c:
Robert Hoyt, Director, Department of Environmental Protection
Carla Reid, Director, Department of Permitting Services