From Hamilton Hackney of GT Boston:

As one of a number of recent stormwater initiatives, USEPA is developing regulations to control post-construction stormwater discharges from commercial properties, which would represent a major expansion of the current stormwater regulatory program.  As part of that process, USEPA is sending out mandatory questionnaires to 3,000 construction companies and commercial property owners to gather information on existing stormwater management practices and costs.  USEPA has sent these questionnaires to "entities believed to be owners of point source discharges that are involved with new construction, development and redevelopment of residential, non-residential, industrial, and commercial properties and transportation projects."  In addition to the owner/developer questionnaires, USEPA has issued questionnaires to MS4 operators, transportation-related MS4 operators and NPDES permitting authorities.

The owner/developer questionnaires (issued in both long and short form) request some very detailed information on:

  • Type/location/size/identification of projects;
  • Land cover areas both pre- and post-development including percent imperviousness;
  • Long term stormwater best management practices and controls (with a focus on LID practices), including design criteria, specifications, and cost information;
  • Stormwater permit and management requirements;
  • Information on design credits or incentives (or impediments) associated with implementing retention practices;
  • Firm level financial information;
  • Establishment level financial information; and
  • Project level financial information.

These questionnaires must be completed within 60 days of receipt, and are being sent out as information requests under Section 308 of the Clean Water Act – this means that there are potential penalties for failing to respond or submitting inaccurate information.