RIPDES Storm Water Program: RIPDES Storm Water Program: Municipal Separate Storm Sewer Systems Municipal Separate Storm Sewer Systems

(MS4s)(MS4s)

Who is Regulated under Phase Who is Regulated under Phase II?II?

Rule 31(a)(5)Rule 31(a)(5) Municipalities are automatically designated if their Municipalities are automatically designated if their

small municipal separate storm sewer system (MS4) small municipal separate storm sewer system (MS4) is located either completely or partially within an is located either completely or partially within an urbanized area (UA) or densely populated area (DPA) urbanized area (UA) or densely populated area (DPA)

Federal, State, and Quasi-State facilities serving an Federal, State, and Quasi-State facilities serving an average daily population of equal to or greater than average daily population of equal to or greater than 1,000 persons regardless of location1,000 persons regardless of location

Department of Transportation (DOT) MS4s in UAs, Department of Transportation (DOT) MS4s in UAs, DPAs, and areas qualifying as divided highwaysDPAs, and areas qualifying as divided highways

MS4s designated on a case by case basisMS4s designated on a case by case basis

What is an MS4?What is an MS4?

Rule 31(b)(8)Rule 31(b)(8)

A municipal separate storm sewer system (MS4) is:A municipal separate storm sewer system (MS4) is:

A conveyance or system of conveyances... owned by a A conveyance or system of conveyances... owned by a State, city, town, or other public entity that discharges State, city, town, or other public entity that discharges to waters of the U.S. and is:to waters of the U.S. and is:– designed or used for collecting or conveying storm designed or used for collecting or conveying storm

waterwater– not a combined sewernot a combined sewer– not part of a Publicly Owned Treatment Works not part of a Publicly Owned Treatment Works

(POTW)(POTW)

What is a “small” MS4?What is a “small” MS4?

Rule 31(b)(17)Rule 31(b)(17)

A small MS4 is any MS4 that is not already A small MS4 is any MS4 that is not already designated and regulated as a medium or large designated and regulated as a medium or large MS4, and includes Federally, State and Quasi-MS4, and includes Federally, State and Quasi-State operated systems.State operated systems.

Urbanized AreasUrbanized Areas

Rule 31(b)(20)Rule 31(b)(20)

A central place (or places) and the adjacent A central place (or places) and the adjacent densely settled surrounding territory that densely settled surrounding territory that together have a minimum residential together have a minimum residential population of 50,000 people and a minimum population of 50,000 people and a minimum average density of 1,000 people/square mile.average density of 1,000 people/square mile.

EPA Requires RIPDES to EPA Requires RIPDES to Develop Designation CriteriaDevelop Designation Criteria

EPA’s recommended criteria:EPA’s recommended criteria: High population densityHigh population density High growth or growth potentialHigh growth or growth potential Discharge to sensitive watersDischarge to sensitive waters Contiguity to an urbanized areaContiguity to an urbanized area Significant contributor of pollutants to Significant contributor of pollutants to

waters of the U.S.waters of the U.S. Ineffective protection of water quality by other Ineffective protection of water quality by other

programsprograms

Densely Populated AreaDensely Populated Area

Rule 31(b)(21) & (b)(22)Rule 31(b)(21) & (b)(22) Based on census designated places (CDPs), Based on census designated places (CDPs),

which are comprised of densely settled which are comprised of densely settled concentrations of population and are concentrations of population and are

delineated by the U.S. Bureau of Census.delineated by the U.S. Bureau of Census. To qualify as a DPA:To qualify as a DPA: Population within CDP is = or > than 1,000 Population within CDP is = or > than 1,000

people per square mile; andpeople per square mile; and The CDP has or is part of a block of The CDP has or is part of a block of

contiguous CDPs with a total population of contiguous CDPs with a total population of at least 10,000 people.at least 10,000 people.

Map of UAs, DPAs, and Divided HighwaysMap of UAs, DPAs, and Divided Highways

Sensitive WatersSensitive Waters

Rule 31(b)(23-25)Rule 31(b)(23-25)

Small MS4s must be protective of Special Resource Small MS4s must be protective of Special Resource Protection Waters (SRPWs), Outstanding National Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and Impaired Waters Resource Waters (ONRWs), and Impaired Waters Statewide.Statewide.

Regulated Small MS4s partially located within UAs or Regulated Small MS4s partially located within UAs or DPAs need to expand coverage throughout the DPAs need to expand coverage throughout the jurisdiction in 2nd permit term jurisdiction in 2nd permit term or or demonstrate demonstrate adequate protection of these resourcesadequate protection of these resources

Small MS4s located outside of UAs or DPAs need to Small MS4s located outside of UAs or DPAs need to demonstrate adequate protection of these resources demonstrate adequate protection of these resources or apply for permitor apply for permit

Waiver under Rule 31(g)(5)(i)Waiver under Rule 31(g)(5)(i)(available to 5 communities)(available to 5 communities)

– The small MS4 has a population of less than 1,000 within an The small MS4 has a population of less than 1,000 within an UA UA or or is locatedis located within a DPAwithin a DPA

– The small MS4 is not contributing to the pollutant loadings of a The small MS4 is not contributing to the pollutant loadings of a physically interconnected regulated MS4physically interconnected regulated MS4

– IfIf the small MS4 is discharging to an impaired water body, the small MS4 is discharging to an impaired water body, storm water controls are not needed based on a TMDL that storm water controls are not needed based on a TMDL that addresses the pollutants of concernaddresses the pollutants of concern

– If the small MS4 is discharging to an impaired water body and If the small MS4 is discharging to an impaired water body and nono TMDL has been completed, small MS4 required to submit TMDL has been completed, small MS4 required to submit plan to develop and implement minimum measures 1,3, and 6.plan to develop and implement minimum measures 1,3, and 6.

– The small MS4 is located within jurisdiction The small MS4 is located within jurisdiction with UA’s or both UA’s and DPA’s that have a with UA’s or both UA’s and DPA’s that have a population of less than 10,000population of less than 10,000

– The small MS4 evaluated all waters that The small MS4 evaluated all waters that receive a discharge from the small MS4 receive a discharge from the small MS4

– The small MS4 has demonstrated that storm The small MS4 has demonstrated that storm water controls are not needed based on a water controls are not needed based on a TMDL or equivalent analysis that addresses the TMDL or equivalent analysis that addresses the pollutants of concernpollutants of concern

– The small MS4 has demonstrated that future The small MS4 has demonstrated that future discharges will not impact water quality.discharges will not impact water quality.

Waiver under Rule 31(g)(5)(ii)Waiver under Rule 31(g)(5)(ii)(available to 7 communities)(available to 7 communities)

Small MS4s located outside urbanized areas and Small MS4s located outside urbanized areas and densely populated areas, or previously waived densely populated areas, or previously waived and that discharges to SRPWs, ONRWs, or and that discharges to SRPWs, ONRWs, or Impaired Waters will be required to obtain a Impaired Waters will be required to obtain a permit unless:permit unless:

– Provide coverage for all SRPWs, ONRWs, or Provide coverage for all SRPWs, ONRWs, or impaired watersimpaired waters

– Demonstrate that existing and future discharges Demonstrate that existing and future discharges from the MS4 do not have the potential to result from the MS4 do not have the potential to result in water quality impacts including habitat and in water quality impacts including habitat and biological impactsbiological impacts

Waiver under Rule 31(g)(5)(iii)Waiver under Rule 31(g)(5)(iii)(available to 8 communities)(available to 8 communities)

Program RequirementsProgram Requirements

Rule 31(e)(3)Rule 31(e)(3)Required to develop, implement and enforce a program Required to develop, implement and enforce a program

to:to:– Reduce the discharge of pollutants to the maximum Reduce the discharge of pollutants to the maximum

extent practicable (MEP)extent practicable (MEP)

Six Minimum Control MeasuresSix Minimum Control Measures– Public Education and OutreachPublic Education and Outreach– Public Involvement/ParticipationPublic Involvement/Participation– Illicit Discharge Detection and EliminationIllicit Discharge Detection and Elimination– Construction Site Runoff ControlConstruction Site Runoff Control– Post-Construction Runoff ControlPost-Construction Runoff Control– Pollution Prevention/Good HousekeepingPollution Prevention/Good Housekeeping

Public Education Public Education and Outreachand Outreach

Requirements:Requirements: Implement a public education Implement a public education

program to distribute educational materials in program to distribute educational materials in the community or conduct equivalent outreach the community or conduct equivalent outreach activities regarding impacts and pollution activities regarding impacts and pollution preventionprevention

Determine appropriate best management Determine appropriate best management practices (BMPs) and measurable goalspractices (BMPs) and measurable goals

Public InvolvementPublic Involvement/Participation/Participation

Requirements:Requirements: Comply with applicable State Comply with applicable State

and local public notice and local public notice requirementsrequirements

Determine appropriate best Determine appropriate best management practices (BMPs) management practices (BMPs) and measurable goalsand measurable goals

Illicit Discharge Detection Illicit Discharge Detection and Eliminationand Elimination

Requirements:Requirements: Develop a storm sewer map, showing Develop a storm sewer map, showing

the location of all outfalls and the the location of all outfalls and the names and location of all waters of names and location of all waters of the State that receive discharges the State that receive discharges from those outfallsfrom those outfalls

Develop ordinances or other Develop ordinances or other regulatory mechanisms to prohibit regulatory mechanisms to prohibit non-storm water discharges into the non-storm water discharges into the MS4MS4

Ensure program can take appropriate Ensure program can take appropriate enforcement actionsenforcement actions

Illicit Discharge Detection Illicit Discharge Detection and Eliminationand Elimination

Requirements (continued):Requirements (continued): Develop and implement a plan to detect and Develop and implement a plan to detect and

address non-storm water discharges, including address non-storm water discharges, including illegal dumping into the MS4 illegal dumping into the MS4

Educate public employees, businesses, and Educate public employees, businesses, and the general public about the hazards the general public about the hazards associated with illegal discharges and associated with illegal discharges and improper disposal of wasteimproper disposal of waste

Determine appropriate best management Determine appropriate best management practices (BMPs) and measurable goalspractices (BMPs) and measurable goals

Construction Site Construction Site Runoff ControlRunoff Control

Requirements:Requirements: Develop and ordinance or other Develop and ordinance or other

regulatory mechanism (with penalties regulatory mechanism (with penalties to ensure compliance), that requires to ensure compliance), that requires the implementation of proper erosion the implementation of proper erosion and sediment controls, and controls for and sediment controls, and controls for other wastesother wastes

Procedures for site plan review site of Procedures for site plan review site of construction plans that consider potential construction plans that consider potential water quality impacts as well as site inspection water quality impacts as well as site inspection and enforcement of control measuresand enforcement of control measures

Requirements (continued):Requirements (continued): Establish procedures for the receipt and Establish procedures for the receipt and

consideration of information submitted by the consideration of information submitted by the publicpublic

Determine appropriate best management Determine appropriate best management practices (BMPs) and measurable goalspractices (BMPs) and measurable goals

Construction Site Construction Site Runoff ControlRunoff Control

Post Construction Post Construction Runoff ControlRunoff Control

Requirements:Requirements: Develop and implement Develop and implement

strategies which include a combination of structural strategies which include a combination of structural and/or non-structural BMPsand/or non-structural BMPs

Develop an ordinance or other regulatory mechanism Develop an ordinance or other regulatory mechanism requiring the implementation of post-construction requiring the implementation of post-construction runoff controls runoff controls

Ensure adequate long-term operation and Ensure adequate long-term operation and maintenance of controlsmaintenance of controls

Determine appropriate best management practices Determine appropriate best management practices (BMPs) and measurable goals(BMPs) and measurable goals

Pollution PreventionPollution Prevention/Good Housekeeping/Good HousekeepingRequirements:Requirements: Develop and implement an Develop and implement an

operation and maintenance program with the operation and maintenance program with the ultimate goal of preventing or reducing ultimate goal of preventing or reducing pollutant runoff from municipal operations into pollutant runoff from municipal operations into the storm sewer systemsthe storm sewer systems

Include employee training on how to incorporate Include employee training on how to incorporate pollution prevention/good housekeeping pollution prevention/good housekeeping techniques into municipal operationstechniques into municipal operations

Determine appropriate best management Determine appropriate best management practices (BMPs) and measurable goalspractices (BMPs) and measurable goals

Regulated Small MS4 Regulated Small MS4 Permit RequirementsPermit Requirements

Rule 31(e)(3)Rule 31(e)(3)

Must submit an Storm Water Management Program Must submit an Storm Water Management Program Plan (NOI) or individual permit application and identify Plan (NOI) or individual permit application and identify the following elements for each minimum control the following elements for each minimum control measure:measure:– Best management practicesBest management practices– Measurable goalsMeasurable goals– Timing, interim milestones, and frequency of Timing, interim milestones, and frequency of

actionsactions– Responsible personsResponsible persons– Must include recommendations of TMDLMust include recommendations of TMDL

Deadline for Small MS4 Deadline for Small MS4 Compliance: Rule 31(f)(8)Compliance: Rule 31(f)(8)Permit Application Deadline: March 10, 2003Permit Application Deadline: March 10, 2003 Small MS4s located in UAs or DPAsSmall MS4s located in UAs or DPAs Federal or State small MS4s serving an average daily Federal or State small MS4s serving an average daily

population of equal to or greater than 1,000population of equal to or greater than 1,000 DOT small MS4s located in UAs, DPAs, or serves a divided DOT small MS4s located in UAs, DPAs, or serves a divided

highwayhighway

Permit Application Deadline: March 10, 2008Permit Application Deadline: March 10, 2008 Small MS4s discharging to SRPWs, ONRWs, Impaired Waters, Small MS4s discharging to SRPWs, ONRWs, Impaired Waters,

if a waiver has not been granted under Rule 31(g)(5)(iii)if a waiver has not been granted under Rule 31(g)(5)(iii)

Deadlines for Small MS4 Deadlines for Small MS4 Compliance: Rule 31(f)(9)Compliance: Rule 31(f)(9)

Waiver Application Deadline: March 10, 2002Waiver Application Deadline: March 10, 2002 Small MS4s seeking waiver under Rule 31(g)Small MS4s seeking waiver under Rule 31(g)

(5)(i) & 31(g)(5)(ii)(5)(i) & 31(g)(5)(ii)

Waiver Application Deadline: March 10, 2007Waiver Application Deadline: March 10, 2007 Small MS4s seeking waiver under Rule 31(g)Small MS4s seeking waiver under Rule 31(g)

(5)(iii)(5)(iii)