A draft of stricter regulations to prevent stormwater runoff from construction sites, which can damage neighboring properties, wetlands, waterways and wildlife, was reviewed July 15 by Sussex County Council.

Drafted by Hans Medlarz, a county engineer, in consultation with Sussex Conservation District staff, the rules would govern designs and operation of stormwater control systems, and establish escalating penalties for violations.

Medlarz said he and Councilman Steve McCarron will meet with the Sussex Conservation District board to relate council’s reactions and gather those of district leaders to help prepare a final proposal. The county planning & zoning commission will also receive a presentation, as it would have to consider the rules as it reviews future projects.

Failures of stormwater systems have flooded nearby property and waterways, and caused environmental harm, Medlarz said, showing photos of storm runoff at construction sites in April. The draft rules are intended to fill gaps in county and state laws, and provide a mechanism for enforcement.

“I appreciate trying to apply balance to using the current framework that’s there while not putting a heavy thumb so quickly, because it’s going to be new to the development community as we consider this,” said Councilman Matt Lloyd.

Councilwoman Jane Gruenebaum said she appreciated the proposal, as she had raised concerns and sought action. Gruenebaum said she hopes the county can move expeditiously to adopt new rules.

The recommendations set requirements for the type and location of physical barriers, such as silt fences, logs and buffer spaces, as well as ponds and equipment that help control the rate at which stormwater is released from a site.

There would be limits on the amount of land that could be disturbed on a construction site, based on such factors as the time of year, proximity to environmentally sensitive downstream areas, the size of the upstream drainage area either offsite or onsite discharging stormwater, and the topography.

The draft also would establish an escalating series of penalties starting with fines based on confirmed turbidity levels; withholding new building permits while the property is out of compliance; halting all building inspections in the noncompliant area; and asking the state to temporarily suspend the construction general permit associated with the out-of-compliance phase.

McCarron said he has concerns about the severity of some potential penalties.

“It’s not good to see turbidity in the water, but nobody does it on purpose,” he said. “You get a heavy rain event and sometimes that happens.”

Councilman John Rieley said he believes the county should send a strong message through its laws and take necessary steps to protect the environment.

“I want to guarantee that this isn’t happening,” Rieley said. “It’s bad. It’s like being careless and starting a forest fire. You just don’t do it. You take the proper precautions to guarantee that it doesn’t happen.”

“We have the ability to stop the vast majority of them by taking these direct precautions,” Medlarz said.