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January 18, 2013     Cape Gazette
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I I I III IIIIIlll Iii111 I i I I Cape Gazette NEWS FRIDAY, JANUARY 18- MONDAY, JANUARY 21, 2013 19 EPA was issued, Virginia Gov. Bob McDonnell said the decision saved taxpayers more than $300 Continued from page 18 million. "Over time, the regulation Virginia against United States' would have impacted numerous Environmental Protection other projects, costing even Agency. more and having a negative im- On Jan. 3, the U.S. District pact on future job creation," Mc- Court for the Eastern District of Donnell said. Virginia ruled EPA could not reg- At the ]an. 7 DNREC hearing, ulate stormwater runoff, which is Collins said he hoped the case not considered a pollutant, even would have an impact on if the runoff is a Vehicle for sedi- stormwater regulations in ment, which is a pollutant. Delaware. The case was rooted in Ac-DNREC Division of Water- cotink Creek, in Fairfax County, shed Stewardship Director Frank Va , where organisms living in Piorko says it won't. the creek were declared un- Piorko said DNREC operates healthy. Under the Clean Water under state requirements, some Act, EPA was required to set a of which are identical to federal maximum amount of pollutants requirements. "If the EPA went that could be added to the creek per day. away tomorrow, we would still have stormwater regulation," he "On April 18, 2011, EPA estab- said. lished a TMDL (total maximum According to Delaware's Ad- daily load) for Accotink Creek, ministrative Code, stormwater which limited the flow rate of runoff is considered a source of stormwater into Accotink Creek pollution to waters of the state, to 681.8 ft.3/acre-day," court doc- and DNREC imposes a number uments say. of regulations on stormwater According to the decision,runoff. written by U.S. District Judge "It is the overall goal of the de- Liam O'Grady, the EPA's TMDL partment to utilize stormwater was meant to regulate the management as a means to mini- amount of sediment-a pollutant mize water quantity and water - in the creek. "EPA refers to stormwater quality impacts due to land-dis- flow rate as a surrogate for sedi- turbing activities and to mimic ment," he wrote, pre-development hydrology, to the maximum extent practicable, Both parties in the lawsuit in regards to the rate, volume and agreed stormwater itself is not a duration of flow," the Adminis- pollutant. O'Grady said, "EPA trative Code states. may not regulate something over Randy Greer, an engineer for whichit has no statutorilygrant- the division's Sediment and edpower- annualloads or non- Stormwater program, said pollutants - as a proxy for some- Delaware sediment and thing over which it is granted stormwater law gives DNREC power - daily loads or pollu- broad authority to manage tants." stormwater, and it is not limited As a result of O'Grady's deci- to the discharge of pollutants. sion, EPA could not force the state to spend millions of dollars "Therefore, this decision does to regulate stormwater runoff, not appear to have any direct im- In a statement after the ruling pact on the state stormwater reg- PUBLIC NOTICE AS A RESULT OF REPOSSESSED MERCHANDISE LIQUIDATION SALE ONE DAY ONLY 55% TO 75% OFF ENTIRE INVENTORY To Secure Cash For Original Owners. 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INFO: 301-656-2990 WE BUY OR EXCHANGE OLD RUGS ALL IRANIAN RUGS WERE IMPORTED BEFORE EMBARGO ulations," Greer said in an email, courts typically rule along rela- sarily set a precedent for states, Greet said he could not specu- tively narrow lines," he said. such as Delaware, that have tak- late about whether the decision O'Grady's decision was based en a broader approach to regu- could be used against DNREC in on EPA's authority to control the late the negative impacts associ- possible litigation that challenges discharge of pollutants, Greer ated with urban stormwater its stormwater regulations. "But said. "From this non-lawyer's runoff beyond just the discharge my observation has been that the perspective, that does not neces- of pollutants." I • • • VISA-MASTERCARD ACCEPTED We Repair & Service: Cracked cell phone? iPad? Button not worEing? No sound? The taptop Shop can repair it. • Apple iPhones- Same Day Service • Apple iPads We service a//brands of Laptops & Desktops: Virus? 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