NATIONAL
ESTUARY
PROGRAM
STORMWATER RUNOFF ON A WATERSHED SCALE
Stormwater runoff threatens our water bodies in many ways, transporting sediments, excess nutrients, bacteria and other pathogens, debris, and automo-
tive and household hazardous wastes into the estuarine system. Because stormwater runoff contributes to increased volume and velocity, it is also a
major cause of stream bank erosion.
The Mobile Bay area receives an average of over 66 inches of rain annually. In Baldwin County, Alabama, stormwater impacts, like flooding, sedimentation,
increased pollution, habitat destruction, and decreased aesthetics and property values, have intensified due to rapid residential and commercial development. Local governments
there are facing increased regulatory pressure as well as greater demands on already limited public works budgets.
Seeking a collaborative solution to an environmental challenge that does not follow geopolitical lines, the MBNEP brought Baldwin County and its municipalities together to estab-
lish a mechanism for managing stormwater runoff on a regional, or watershed, scale. In Alabama, one of only two states that constitutionally prohibit "home rule," this process
required broad, statewide legislative approval.
THE NATIONAL ESTUARY PROGRAM IN ACTION
Mobile Bay National Estuary Program
In 2004, a Blue Water Commis-
sion was established by the City
of Fairhope, located along the
eastern shore of Mobile Bay in
Baldwin County, to investigate
possibilities of developing a
county-wide stormwater strate-
gy. Commission members asked
the MBNEP to lead an effort to
create a regional authority able
to identify an alternative source
for funding stormwater manage-
ment activities. The MBNEP
agreed and program staff called
upon key elected officials not
only to join, but to commit finan-
cially to developing a long-term
mechanism for regional storm-
water management.
Twelve of the 13 municipalities
and the County Commission ac-
cepted the invitations, provided
staff for the effort, and commit-
ted funding towards assessing
the feasibility of creating such
an authority within the State of
Alabama. Municipal and county
representatives, including staff
and elected officials, local envi-
ronmental organization repre-
sentatives, state legislators, and
concerned citizens, formed the
Baldwin County Watershed Co-
alition (BCWC). Over the next
five months, the MBNEP led the
BCWC through an intensive se-
ries of workshops facilitated by a
nationally recognized stormwa-
ter expert. These workshops
were used to educate partici-
pants about problems, solutions,
EFFECTIVE
EFFICIENT
ADAPTIVE
COLLABORATIVE
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and experiences related to
stormwater issues and designed
to determine how they could col-
laborate on a regional basis,
across political boundaries, to
manage flooding, drainage, and
water quality problems caused
by runoff. Through a consensus-
building process, the BCWC de-
termined that this management
authority would be a voluntary,
non-regulatory association of lo-
cal interests operating on a re-
gional/watershed scale to sup-
port local communities in
managing problems related to
stormwater runoff. It would be
funded by a small, equitable user
fee, based on areas of impervi-
ous surface, with credits avail-
able for stormwater manage-
ment features. Its function would
include watershed stewardship
provision, standards and criteria
development, regulatory compli-
ance coordination, stream sys-
tem management, and partner-
ship in local stormwater
programs.
The establishment and existence
of a regional authority hinged on
passage of legislation by the
state legislature, since the State
Constitution prohibits cross-ju-
risdictional cooperation between
municipal and county govern-
ments. MBNEP staff, BCWC
members, and local state legis-
lators crafted legislation as a lo-
cal constitutional amendment,
permitting county and local gov-
ernments to seek passage of a
referendum to form a stormwa-
ter authority funded by user fee
collection from residents and
businesses. Introduced in 2007,
the bill required passage by each
of the state's 67 counties. Rec-
ognizing the need for broad-
based support, the MBNEP con-
ducted outreach and education
to local chambers of commerce,
realtors, developers, and other
business interests to gain sup-
port for the authority concept. In
2007 the bill was passed in the
House, but Alabama Business
Council concerns over language
forced withdrawal before Senate
approval at the end of the legis-
lative session. It was reintro-
duced with revised language in
2008, and the House and Senate
passed HB58 to create Act 2008-
507, enabling local governments
to proceed with establishing a
Baldwin County regional storm-
water authority.
Establishment of a stormwater
utility funded by a user fee will
require passage in a fall 2010
County referendum, so the MB-
NEP and BCWC are working to
educate voters about the con-
cept of a stormwater authority.
Meanwhile, the BCWC is work-
ing to define several features of
the authority—its exact struc-
ture (county government or pub-
lic service corporation), repre-
sentation on its board of
directors, fee structures, and in-
centive packages and credit
structures. The MBNEP contin-
ues its commitment to working
with the BCWC and others to en-
sure a long-term, regional solu-
tion for stormwater management
in Baldwin County that address-
es the issue from the northern-
most reaches to the receiving
waters of Mobile Bay.
Visitwww.mobilebaynep.com
to learn more about this and
other MBEP efforts.
EPA's National Estuary Program
(NEP) is a unique and successful
coastal watershed-based program
established in 1987 under the
Clean Water Act Amendments.
The NEP involves the public and
collaborates with partners to pro-
tect, restore, and maintain the wa-
ter quality and ecological integrity
of 28 estuaries of national signifi-
cance located in 18 coastal states
and Puerto Rico.
For more information about the
NEP go to www.epa.gov/owow/
estuaries.
The NEP: Implementing the Clean Water Act in ways that are Effective, Efficient, Adaptive, and Collaborative.
EPA-842F09001
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