6C — August 29 - September 11, 2014 — Shopping Centers — M id A tlantic

Real Estate Journal


S hopping C enters

Jonathan Spergel, Esq. & Bridget Dorfman, Esq., MGKF Evaluating Site Stormwater Management


he regulatory and tech- nical approach to post- construction stormwater

– but not controlling any other factors like post-construction volume and water quality. Increased

associated with stormwater runoff, today there is wide- spread recognition by regula- tors, technical consultants, and academics that compliance with stormwater requirements means, to the extent possible, managing stormwater on-site instead of discharging it off-site. Accordingly, there is general recognition that appropriate post-construction stormwater management must address not only the rate of stormwater discharges, but also the volume and water quality of such dis- charges. While the U.S. Environmen- tal ProtectionAgency’s NPDES Construction Stormwater Gen- eral Permit issued pursuant to the federal Clean Water Act does not directly impose post-construction stormwater management requirements, many states do require, ei- ther through regulations or guidance, that developers use best management practices (“BMPs”) to control post-con- struction stormwater discharge rates, volumes, andwater qual- ity. A new generation of BMPs are designed to keep stormwa- ter on-site longer and in some cases allow it to infiltrate and re-charge the groundwater. These BMPs include pervious pavement, vegetated swales, green roofs, underground tanks or detention systems, and con- structed wetlands. The implementation of these newBMPs andmanagement of stormwater on-site carries addi- tional concerns about long-term operations and maintenance of these stormwater systems. Accordingly, owners and man- agers of already-developed projects, including shopping centers, should regularly un- dertake the specified mainte- nance required by the BMPs, and keep accurate records of this work. Likewise, potential purchasers of shopping centers should include as part of overall environmental due diligence (historically limited to Phase 1 and Phase 2 environmental site assessments) an assessment of the stormwater BMPs that are in place, and whether they are functioning properly and in compliance with applicable permits and law. Similarly, prospective purchasers need to evaluate the required tasks and costs that will be incurred to ensure that such stormwater controls continue to function properly in the future. continued on page 20C

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management at develop- ment s i tes has changed dramatically over the last ten years. In times past, a developer would build

volumes of stormwater d i s charged from devel- oped sites can lead to stream erosion and flooding, and the various

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R.J. Waters & Associates, Inc. 200 Old Forge Lane, Suite 201 Kennett Square, PA 19348 O: 610.388.6600 F: 610.388.6605 www.rjwaters.com

Jonathan Spergel

Bridget Dorfman

a detention basin big enough to capture all the stormwater from a rain event and then release the captured stormwater slowly, thereby controlling the rate at which stormwater left the site

pollutants carried in the storm- water (e.g., nutrients, chemi- cals, metals, oils and greases) can negatively affect the water quality of receiving streams. As a result of the myriad of issues


or more than twenty years, Manko, Gold, Katcher & Fox’s partners have been active members of ICSC, reflecting the firm’s experience and commitment to serving the environmental and energy law and litigation needs of the shopping center industry, including :

Environmental Aspects of Site Development and Brownfield Redevelopment Site Remediation Under Federal and State Cleanup Programs Real Estate Litigation and Land Use Hearings Environmental Permitting and Licensing

Environmental and Regulatory Audits

Indoor Air Quality/Vapor Intrusion Consulting and Litigation

Superfund and Cost Recovery Litigation

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Jonathan H. Spergel, Esquire 484-430-2309; jspergel@mankogold.com Suzanne Ilene Schiller, Esquire 484-430-2354; sschiller@mankogold.com

401 City Avenue, Suite 901 Bala Cynwyd, PA 19004 www.mankogold.com

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