By John Henderer, The Chronicle, 11/10/98
Proposed new stormwater runoff regulations hit rough water Monday before the Lewis County Commission.
Some complained the county went too far, while a state official said the rules fall short, forfeiting an opportunity for reduced flood insurance rates.
The 27-page ordinance appeared to target just new subdivisions and commercial properties, while exempting single family homes, farms and forestry development.
Even without the exemption for most family homes, the rules allow a property owner to discharge more than 5,000 gallons of water an hour into a ditch.
Commissioners took no action Monday, extending the hearing to Nov. 23, and asking for a review by the county planning commission.
County Engineer Pete Ringen asked commissioners to pass rules governing runoff to serve as a guide for his department.
"To continue on kind of a seat-of-the-pants approach is not working for me," Ringen said.
In personal remarks, Fred Breed, planning commission chairman, questioned whether a federal or state agency is forcing the county to regulate runoff.
"I don't think anything should be required if you can't measure it," Breed said. "This ordinance is smothered with undefinable gobbledygook."
The "gobbledygook' includes "harmful water," "temporary erosion" and "nuisance," he said.
But Gary Kruger, stormwater specialist at the state Department of Ecology, said the ordinance "seems inappropriate for an area that is subject to major floods every few years."
Kruger urged commissioners to use a 100-year flood as the design standard, instead of a 25-year flood as proposed, and to adopt state stormwater rules set forth in the Ecology manual.
If the county would adopt the manual, citizens could receive a 5 percent flood insurance rate reduction, he said.
"With this particular ordinance, you are not assuring downstream residents with any degree of certainty that they will be protected," potentially inviting citizen lawsuits, Kruger said. "You are creating additional flooding downstream."
Under the state's manual, property owners must ensure their new development retains runoff and does not discharge runoff onto other properties.
Commissioner Glenn Aldrich seemed to invite this notion when he asked a citizen whether the law should apply also to family homes.
As proposed, the county would refer to state rules in the Ecology manual and other regulations but not enforce them.
Because of the ordinance's shortcomings, Kruger said, he expects it would invite federal intervention.
Chehalin Tammy Baker tried to refute Breed's comments.
"We know what a hazard is," she said. "We know what erosion is."
Adna resident Addison DeBoer complained his 10-lot subdivision plan remains "in limbo" because he cannot get an answer to concerns over stormwater runoff.
"I should not have to be sitting on my development with nobody to give me an answer," DeBoer said.
The ordinance would apply to the following:
It would exempt the following: