storm water compliance, inspections, and requirements · management practices ... and effective •...

Storm Water Compliance, Storm Water Compliance, Inspections, and Inspections, and RequirementsRequirements

AraceliAraceli BonillaBonillaUS EPA Region 4, AtlantaUS EPA Region 4, Atlanta

Water Programs Enforcement BranchWater Programs Enforcement BranchWater Mgmt DivisionWater Mgmt Division

What is Storm Water?What is Storm Water?““Storm Water Runoff, Snow Melt Runoff, and Surface Runoff and Storm Water Runoff, Snow Melt Runoff, and Surface Runoff and DrainageDrainage””;;Includes only discharges which result from precipitation;Includes only discharges which result from precipitation;Does not include wash water or water produced in industrial procDoes not include wash water or water produced in industrial processes on esses on site.site.

What Is a Point Source?What Is a Point Source?

““Any Discernible, Confined, and Any Discernible, Confined, and Discrete Conveyance, Including but Not Discrete Conveyance, Including but Not Limited to, Any Pipe, Ditch, Channel, Limited to, Any Pipe, Ditch, Channel, Tunnel, Conduit, Well, Discrete Fissure, Tunnel, Conduit, Well, Discrete Fissure, Container, Rolling Stock, Concentrated Container, Rolling Stock, Concentrated Animal Feeding Operation, Landfill Animal Feeding Operation, Landfill Leachate Collection System, Vessel or Leachate Collection System, Vessel or Other Floating Craft From Which Other Floating Craft From Which Pollutants Are or May be Discharged.Pollutants Are or May be Discharged.””

When Does a When Does a ““DischargeDischarge””Occur?Occur?

Storm Water Enters Waters of the U. S.Storm Water Enters Waters of the U. S.Storm Water Enters a Municipal Separate Storm Water Enters a Municipal Separate Storm Sewer System (MS4)Storm Sewer System (MS4)

MS4 is a system of conveyances (incl. municipal MS4 is a system of conveyances (incl. municipal streets, catch basins, curbs, gutters, ditches, streets, catch basins, curbs, gutters, ditches, manman--made channels, or storm drains) owned or made channels, or storm drains) owned or operated by Federal, State, Local or Tribal operated by Federal, State, Local or Tribal organizationsorganizations

Storm Water ImpactsStorm Water ImpactsStorm water runoff is a major cause of Storm water runoff is a major cause of water pollution in the United States today.water pollution in the United States today.

Storm Water ImpactsStorm Water ImpactsStorm water runoff carries high levels Storm water runoff carries high levels of sediment, oil and grease, of sediment, oil and grease, suspended solids, nutrients, heavy suspended solids, nutrients, heavy metals, and pathogens.metals, and pathogens.

Sediment is one of the Sediment is one of the primary pollutantsprimary pollutantsof concern.of concern.

Storm Water Storm Water RegsRegsSection 402(p) added in 1987 Clean Water Act Section 402(p) added in 1987 Clean Water Act Amendments. Regulations at 40 CFR Amendments. Regulations at 40 CFR §§ 122.26.122.26.

Requires a permit Requires a permit for the discharge of for the discharge of storm water that is:storm water that is:

•• Associated with Associated with industrial activityindustrial activity

•• From a large or From a large or medium MS4medium MS4

•• Determined to contribute to a violation of a WQS or is a Determined to contribute to a violation of a WQS or is a significant contributor of pollutantssignificant contributor of pollutants

Who are the Permitting Authorities for Who are the Permitting Authorities for the the StormwaterStormwater Program in Region 4?Program in Region 4?

AlabamaAlabamaFloridaFloridaGeorgiaGeorgiaKentuckyKentucky

MississippiMississippiNorth CarolinaNorth CarolinaSouth CarolinaSouth CarolinaTennesseeTennessee

Universe of NPDES FacilitiesUniverse of NPDES Facilities(including Storm Water Phase I and II)(including Storm Water Phase I and II)

52%

24%

1%3%

10%

1%9% SW Construction

SW Industrial

MS4s

CAFOs

Non-SW Individual(Minor)Non-SW Individual(Major)Non-SW General

Storm water facilities represent 75% of NPDES universe!

NPDES Storm Water ProgramNPDES Storm Water Program

Municipal Separate Storm Sewer Municipal Separate Storm Sewer Systems (MS4s)Systems (MS4s)

Large and Small Construction

Industrial ActivitiesIndustrial ActivitiesIndustrial Activities

Discharge of Storm Water Discharge of Storm Water Associated with Industrial ActivityAssociated with Industrial Activity

Definition found at 40 CFR 122.26(b)(14)Definition found at 40 CFR 122.26(b)(14)The discharge from any conveyance that is used The discharge from any conveyance that is used for collecting and conveying storm water and that for collecting and conveying storm water and that is directly related to manufacturing, processing, or is directly related to manufacturing, processing, or raw materials storage areasraw materials storage areas

11 categories of industrial activities!11 categories of industrial activities!

Includes Federal, State, and municipallyIncludes Federal, State, and municipally--owned and operated facilitiesowned and operated facilities

11 Categories of Industrial Discharge 11 Categories of Industrial Discharge Requiring Permits (122.26(b)(14):Requiring Permits (122.26(b)(14):

(i) Facilities with effluent/toxic pollutant standards(i) Facilities with effluent/toxic pollutant standards(ii) Manufacturers listed by (ii) Manufacturers listed by SICsSICs(iii) Mining/Petroleum operations (Mineral, Metal, Oil (iii) Mining/Petroleum operations (Mineral, Metal, Oil

and Gas) listed by and Gas) listed by SICsSICs(iv) Hazardous waste treatment, storage or disposal (iv) Hazardous waste treatment, storage or disposal facilitiesfacilities(v) Industrial waste landfills(v) Industrial waste landfills(vi) Recycling facilities (including salvage & auto (vi) Recycling facilities (including salvage & auto junkyards)junkyards)(vii) Steam electric power generating plants(vii) Steam electric power generating plants(viii) Transportation facilities listed by (viii) Transportation facilities listed by SICsSICs(ix) Sewage treatment works(ix) Sewage treatment works(x) Construction activity(x) Construction activity(xi) Light industrial activity listed by (xi) Light industrial activity listed by SICsSICs

How Do I Determine If an Industrial How Do I Determine If an Industrial Facility Needs a Storm Water Facility Needs a Storm Water

Permit?Permit?Does the facility discharge storm water Does the facility discharge storm water to Waters of the U.S. or an MS4?to Waters of the U.S. or an MS4?Is the industrial activity described in the Is the industrial activity described in the regulations?regulations?Does the facility qualify for a conditional Does the facility qualify for a conditional exemption exemption ““No ExposureNo Exposure””??Construction activity disturbing Construction activity disturbing > > 1 acre 1 acre or designated (water quality impact)or designated (water quality impact)

Grading/Construction ActivitiesGrading/Construction ActivitiesClosure ActivitiesClosure Activities

What Industrial Permit Options What Industrial Permit Options are Currently Available?are Currently Available?

Individual PermitIndividual PermitSiteSite--specificspecific

•• Water quality concernsWater quality concerns•• PrioritiesPriorities

One application/One permitOne application/One permitGeneral Permit (most common)General Permit (most common)

EPA:EPA:•• MultiMulti--Sector General Permit (MSGP) from 1995Sector General Permit (MSGP) from 1995•• Requires Notice of Intent (NOI)/SWPPP SubmittalsRequires Notice of Intent (NOI)/SWPPP Submittals

Authorized NPDES States:Authorized NPDES States:•• StateState--Specific General PermitSpecific General Permit•• May use Federal MSGP as a modelMay use Federal MSGP as a model

General Permit Requirements for General Permit Requirements for All Industrial ActivitiesAll Industrial Activities

Obtain PermitObtain PermitEnsure NOI was submitted, if applicableEnsure NOI was submitted, if applicableDevelop and Implement a Plan to Develop and Implement a Plan to Manage SWManage SWIdentify and Maintain BMPsIdentify and Maintain BMPsConduct Inspections and SamplingConduct Inspections and SamplingCertification of Certification of ““NonNon--Storm Water Storm Water DischargesDischarges””

How Do I Obtain a Copy How Do I Obtain a Copy of the General Permit?of the General Permit?

Contact your State or Local Permitting Contact your State or Local Permitting AuthorityAuthority

If EPA is your Permitting Authority:If EPA is your Permitting Authority:Contact EPAContact EPA’’s Water Resources Centers Water Resources Center

•• 202.260.7786 (phone)202.260.7786 (phone)•• 202.260.0386 (fax)202.260.0386 (fax)

Surf at http://cfpub2.epa.gov/npdes/Surf at http://cfpub2.epa.gov/npdes/Contact your EPA Regional OfficeContact your EPA Regional Office

Notice of Intent (NOI) Notice of Intent (NOI) RequirementsRequirements

NOI is submitted by the Facility or NOI is submitted by the Facility or OperatorOperator

Submitted to your Permitting Authority Submitted to your Permitting Authority before authorization to dischargebefore authorization to discharge

SWPPP Prepared before NOI SubmittalSWPPP Prepared before NOI Submittal

Storm Water Pollution Prevention Storm Water Pollution Prevention Plan (SWPPP) SummaryPlan (SWPPP) Summary

Review the SWPPPReview the SWPPPUpdated or CurrentUpdated or CurrentKnow Your Record Keeping: Self Inspections, Know Your Record Keeping: Self Inspections, sample data, spills, training, site map, etcsample data, spills, training, site map, etc……

Most Plans, at a minimum, contain:Most Plans, at a minimum, contain:Pollution Prevention TeamPollution Prevention TeamDescription of Potential Pollutant SourcesDescription of Potential Pollutant SourcesSite Drainage Maps (Storm Water Flow)Site Drainage Maps (Storm Water Flow)Measures & Controls Measures & Controls Comprehensive Site Compliance Evaluation Comprehensive Site Compliance Evaluation (Inspections)(Inspections)

Potential Pollutant Sources Potential Pollutant Sources Associated With Industrial ActivityAssociated With Industrial Activity

Loading and unloading of dry bulk materials Loading and unloading of dry bulk materials or liquidsor liquidsOutdoor storage of raw materials or productsOutdoor storage of raw materials or productsOutdoor process activitiesOutdoor process activitiesDust or particulate generating processesDust or particulate generating processesIllicit connections or inappropriate Illicit connections or inappropriate management practicesmanagement practicesWaste disposal activitiesWaste disposal activitiesUncovered salt storage pilesUncovered salt storage piles

Site Map and Inventory DataSite Map and Inventory DataMap Should Contain:Map Should Contain:

Drainage areasDrainage areasDrainage patterns/outfallsDrainage patterns/outfallsStructural and nonStructural and non--structural controlsstructural controlsSurface watersSurface watersSignificant materials exposed to precipitationSignificant materials exposed to precipitationThe location of leaks or spills that have occurred in the last 3The location of leaks or spills that have occurred in the last 3yearsyearsLocation of industrial activities exposed to precipitationLocation of industrial activities exposed to precipitation

Inventory of Exposed MaterialsInventory of Exposed MaterialsContaminated soil and locationsContaminated soil and locationsEquipmentEquipmentStored MaterialsStored Materials

Prior Spills and LeaksPrior Spills and LeaksSampling PointsSampling Points

Measures & ControlsMeasures & ControlsDescriptionDescription

NonNon--Structural ControlsStructural ControlsGood HousekeepingGood HousekeepingPreventative MaintenancePreventative MaintenanceSpill Prevention and Response ProceduresSpill Prevention and Response ProceduresInspectionsInspectionsEmployee TrainingEmployee TrainingNonNon--storm Water Discharge Certificationstorm Water Discharge Certification

Structural ControlsStructural ControlsSediment and Erosion ControlSediment and Erosion ControlManagement of RunoffManagement of Runoff

Comprehensive Site Compliance Comprehensive Site Compliance Evaluation (Inspections)Evaluation (Inspections)

Quarterly visual monitoring intended to Quarterly visual monitoring intended to determine need for maintenance, good determine need for maintenance, good housekeeping, or other housekeeping, or other BMPsBMPsAnalytical and/or Compliance MonitoringAnalytical and/or Compliance MonitoringAnnual Comprehensive Site EvaluationAnnual Comprehensive Site Evaluation

Look for evidence of pollutants entering the drainage Look for evidence of pollutants entering the drainage systemsystemEvaluate the performance of pollution prevention Evaluate the performance of pollution prevention measuresmeasuresIdentify areas where the Plan should be revised to Identify areas where the Plan should be revised to reduce the discharge of pollutantsreduce the discharge of pollutants

Document findings in a reportDocument findings in a report

Site Inspection ProcessSite Inspection ProcessDuring Site Inspections:During Site Inspections:

Walk the Site (Inside/Outside)Walk the Site (Inside/Outside)•• Material/Chemical Storage AreasMaterial/Chemical Storage Areas•• Loading/Unloading AreasLoading/Unloading Areas•• Check if Check if BMPsBMPs are implemented, maintained, are implemented, maintained,

and effectiveand effective•• Look for obvious discharges/sources of Look for obvious discharges/sources of

pollutantspollutants•• Storm Water OutfallsStorm Water Outfalls

Take photos of findingsTake photos of findingsInterview staff, if necessaryInterview staff, if necessaryConduct sampling, if necessaryConduct sampling, if necessary

Common Problems Common Problems ““Industrial FacilitiesIndustrial Facilities””

No Permit, No NOI, No SWPPPNo Permit, No NOI, No SWPPPFailed to install/maintain BMPs at site specified in the Failed to install/maintain BMPs at site specified in the SWPPPSWPPPDid not conduct/document inspections or perform the Did not conduct/document inspections or perform the annual comprehensive site compliance evaluationannual comprehensive site compliance evaluationSWPPP not updated to reflect BMP changes or site SWPPP not updated to reflect BMP changes or site conditionsconditionsFailed to monitor and report (Visual and/or Analytical)Failed to monitor and report (Visual and/or Analytical)Improper use/training of Facility EquipmentImproper use/training of Facility EquipmentUncontrolled Discharges/NonUncontrolled Discharges/Non--Storm Water DischargesStorm Water DischargesInadequate Records/Record Keeping/SignaturesInadequate Records/Record Keeping/SignaturesCommunication between PersonnelCommunication between PersonnelFailure to Complete NonFailure to Complete Non--Storm Water Discharge Storm Water Discharge CertificationCertification

Example SW Problems Example SW Problems Industrial FacilitiesIndustrial Facilities

Management of Management of Storm Water RunoffStorm Water Runoff

Lack StabilizationLack StabilizationMaintenanceMaintenanceOther dischargesOther discharges

•• DebrisDebris•• TrashTrash•• SpillsSpills•• Sediment LossSediment Loss


Storm Water Storm Water Conveyance Systems Conveyance Systems (Ditch or Piped)(Ditch or Piped)

Lack of Slope Lack of Slope StabilizationStabilizationMaintenance of Ditch Maintenance of Ditch SlopesSlopesOther discharges into Other discharges into system (Sediment)system (Sediment)


Outfall(s) SamplingOutfall(s) SamplingRepresentative Sample not in Representative Sample not in accordance w/permitaccordance w/permit

•• First flush w/in 30 min/no earlier than First flush w/in 30 min/no earlier than 72 hours since last rain event72 hours since last rain event

Inadequate DocumentationInadequate DocumentationInadequate sample collection Inadequate sample collection proceduresprocedures

•• Holding time exceededHolding time exceeded•• Sample containersSample containers

Sample intake line problemsSample intake line problems


Storm Drains/Vehicle Storm Drains/Vehicle Wash Racks/Motor PoolsWash Racks/Motor Pools

Maintenance of Oil/Water Maintenance of Oil/Water Separators, if present.Separators, if present.Unauthorized NonUnauthorized Non--Storm Storm Water DischargesWater Discharges

•• Liquid WastesLiquid Wastes•• Washing EquipmentWashing Equipment•• Spills and RunSpills and Run--offoff

Lack of BMPs Lack of BMPs –– Berms & Berms & CurbingCurbingNot using designated areasNot using designated areasHousekeepingHousekeeping


Processing AreasProcessing AreasExcessive Debris or Excessive Debris or HousekeepingHousekeepingSpills, Soil StainingSpills, Soil StainingExposed Parts, Exposed Parts, Uncovered Uncovered Containers, etcContainers, etc……Pollutant RunPollutant Run--off into off into drains.drains.


Storage FacilitiesStorage FacilitiesGeneral General HousekeepingHousekeepingOutdoor Storage of Outdoor Storage of Materials (Engines, Materials (Engines, Batteries, Wood, etc.)Batteries, Wood, etc.)Open, Leaking, or Open, Leaking, or uncovered Containersuncovered ContainersFloor DrainsFloor DrainsOil Stained Concrete Oil Stained Concrete or Asphaltor AsphaltDripping fluids from Dripping fluids from processed materialprocessed materialRunRun--on Issueson IssuesNo ContainmentNo Containment


Equipment Storage & Equipment Storage & Maintenance AreasMaintenance Areas

Dripping of FluidsDripping of FluidsImproper Disposal of Improper Disposal of WastesWastes

•• Greasy Rags, Filters, Greasy Rags, Filters, Coolants, Batteries, etcCoolants, Batteries, etc……

•• Outside storage of Outside storage of Materials (parts, batteries, Materials (parts, batteries, etcetc……))

Pollutant runPollutant run--off into off into drainsdrains


Product Storage Tank Product Storage Tank AreasAreas

Damaged/inadequate Damaged/inadequate containmentcontainmentStorm water relief Storm water relief valves left openvalves left openLeaks or Damage to Leaks or Damage to TanksTanksSpills/OverfillsSpills/OverfillsRunRun--on/Runon/Run--off Issuesoff Issues


Refueling StationsRefueling StationsOil/Water Separator Oil/Water Separator MaintenanceMaintenanceSpills, Illicit DischargesSpills, Illicit DischargesEngines Washing (if car Engines Washing (if car wash present)wash present)Improper Disposal of Oily Improper Disposal of Oily Rags, FluidsRags, FluidsFloor DrainsFloor DrainsGreasy Rags, Filters, Greasy Rags, Filters, Coolants, Batteries, etcCoolants, Batteries, etc……


Pesticide Mixing Pesticide Mixing AreasAreas

Uncovered Mixing Uncovered Mixing Areas or ChemicalsAreas or ChemicalsUncontrolled SpillsUncontrolled SpillsWash Rack Used for Wash Rack Used for Chemical CleaningChemical CleaningFloor DrainsFloor Drains


Recycling/Processing Recycling/Processing CentersCenters

Excessive Debris or Excessive Debris or HousekeepingHousekeepingSpills, Soil StainingSpills, Soil StainingExposed Parts, Exposed Parts, Uncovered Uncovered Containers, etcContainers, etc……


Recreational Areas (Sports Fields, Recreational Areas (Sports Fields, Recreational Vehicle Storage Areas, Parks, Recreational Vehicle Storage Areas, Parks, etcetc……))

Illicit Discharges Illicit Discharges –– Motor Homes, Boats Motor Homes, Boats Storage (Uncovered/Open Containers)Storage (Uncovered/Open Containers)Fueling Area/SpillsFueling Area/SpillsChemical SpillsChemical SpillsOther Programs (UIC Wells Other Programs (UIC Wells –– Septic, Septic, Unknown Drains)Unknown Drains)

Industrial ResourcesIndustrial Resources

Contact State or EPA storm water Contact State or EPA storm water coordinatorscoordinators

EPA Web Site and State ContactsEPA Web Site and State Contactshttp://cfpub1.epa.gov/npdes/stormwater/indust.cfmhttp://cfpub1.epa.gov/npdes/stormwater/indust.cfm

EPAEPA’’s Water Resources Centers Water Resources Center202.260.7786 (phone)202.260.7786 (phone)202.260.0386 (fax)202.260.0386 (fax)


Municipal Separate Storm Sewer Municipal Separate Storm Sewer Systems (MS4s)Systems (MS4s)

Large and Small ConstructionLarge and Small ConstructionLarge and Small Construction

Industrial Activities

Why Regulate Dirt in the Why Regulate Dirt in the Water?Water?

6,700 pounds of sediment per acre can run off a 6,700 pounds of sediment per acre can run off a typical construction site with no storm water typical construction site with no storm water

controls controls

Region 4Region 4’’s primary focus has been s primary focus has been on storm water associated with on storm water associated with

construction activitiesconstruction activities

NPDES Permits for NPDES Permits for Construction ActivitiesConstruction Activities

Authorized States Issue PermitsAuthorized States Issue PermitsGeneral Permit RequirementsGeneral Permit Requirements

Notice of Intent (NOI)Notice of Intent (NOI)Storm Water Pollution Prevention Plan Storm Water Pollution Prevention Plan (SWPPP)(SWPPP)Standard Permitting Conditions Standard Permitting Conditions Notice of Termination (NOT)Notice of Termination (NOT)

Who Needs Permit Coverage?Who Needs Permit Coverage?Operators who have:Operators who have:

Control over construction plans and site Control over construction plans and site specifications, including the ability to make specifications, including the ability to make modifications to plans or specifications (modifications to plans or specifications (e.g.e.g., , developer)developer) and/and/oror

DayDay--toto--day control over site activities necessary to day control over site activities necessary to ensure compliance with the Storm Water Pollution ensure compliance with the Storm Water Pollution Prevention Plan or other permit conditions (Prevention Plan or other permit conditions (e.g.e.g., , general contractor)general contractor)

BottomBottom--lineline: more than one person may need : more than one person may need to obtain permit coverage (developer and to obtain permit coverage (developer and contractor).contractor).

How to Obtain a PermitHow to Obtain a PermitDevelop a Plan Develop a Plan Storm Water Pollution Prevention Storm Water Pollution Prevention Plan(SWPPPPlan(SWPPP) ) Erosion Control Plan (ECP)Erosion Control Plan (ECP)Erosion and Sediment Control Plan (ESCP)Erosion and Sediment Control Plan (ESCP)Construction Best Management Practices Plan (CBMPP)Construction Best Management Practices Plan (CBMPP)Best Management Practices Plan (BMPP)Best Management Practices Plan (BMPP)

Submit an NOI (Notice of Intent)Submit an NOI (Notice of Intent)

Implement the Plan: Install the controls, inspect and Implement the Plan: Install the controls, inspect and maintain the controls, update/change plan as necessary, maintain the controls, update/change plan as necessary, keep Plan onsitekeep Plan onsite

•• Notice of Termination (NOT) must be submitted to end Notice of Termination (NOT) must be submitted to end permit coveragepermit coverage

Varying Permit RequirementsVarying Permit RequirementsRetain copy of Plan at the site, or Retain copy of Plan at the site, or accessible location. Not in every permit.accessible location. Not in every permit.Provide interim/permanent stabilization w/in Provide interim/permanent stabilization w/in XX days of ceasing construction in an area. XX days of ceasing construction in an area.

Varying Permit RequirementsVarying Permit RequirementsMaintenance of control measures in effective operating Maintenance of control measures in effective operating condition in a timely mannercondition in a timely mannerMaintenance on ponds/basins/silt fence when at 50% Maintenance on ponds/basins/silt fence when at 50% capacitycapacityLimit or minimize the discharge of sedimentLimit or minimize the discharge of sediment

Varying Permit RequirementsVarying Permit RequirementsMaintenance w/in xx days after selfMaintenance w/in xx days after self--inspection. inspection. Maintenance after rainfall in a timely mannerMaintenance after rainfall in a timely manner

SelfSelf--InspectionsInspectionsContained in all permits. However . . . Contained in all permits. However . . . Not always reviewed during state/local Not always reviewed during state/local entities inspections.entities inspections.Most states have no inspection form.Most states have no inspection form.Ones who do have inadequate forms.Ones who do have inadequate forms.

Inspecting Inspecting Construction SitesConstruction Sites……

What to focus on:What to focus on:Determine Permit Requirements (State or Federal)Determine Permit Requirements (State or Federal)Review the Permit & SWPPPReview the Permit & SWPPPDuring InspectionsDuring Inspections

•• Walk the Site/Determine Field ConditionsWalk the Site/Determine Field Conditions•• Check if Check if BMPsBMPs are in place and functioning per the are in place and functioning per the

PlanPlan•• Look for sediment loss and other pollutantsLook for sediment loss and other pollutants•• Take photos and document findingsTake photos and document findings

Ensure proper record keeping (rain data, self reports, Ensure proper record keeping (rain data, self reports, corrective action, modifications, etc..)corrective action, modifications, etc..)Interview staff, if necessaryInterview staff, if necessaryConduct sampling, if necessaryConduct sampling, if necessary

Notice of Termination (NOT)Notice of Termination (NOT)

Certifies That:Certifies That:Final Stabilization is complete as per the Final Stabilization is complete as per the Permit. Note: Permit requirements vary.Permit. Note: Permit requirements vary.Person submitting NOT is no longer the Person submitting NOT is no longer the operator and new operator is responsible operator and new operator is responsible for compliancefor compliance

Ineffective Silt Fence

Sediment entering storm drain

Tracking sediment into the road

Sediment discharging off site

Ineffective silt fence

This one’s not working either…

Unstablized bank

Lack of Temporary/Permanent Lack of Temporary/Permanent CoverCover

Sediment basin is full

Sediment in a wetland area

Sediment being discharged

Ponds/Basins Installed InPonds/Basins Installed In--StreamStream

Clearing Before Proper Clearing Before Proper BMPsBMPsInstalledInstalled

Failure to Maintain/Adjust Failure to Maintain/Adjust BMPsBMPs


Municipal Separate Storm Municipal Separate Storm Municipal Separate Storm Sewer Systems (MS4s)Sewer Systems (MS4s)Sewer Systems (MS4s)

Large and Small Construction

Industrial Activities

What is an MS4?What is an MS4?A A municipal separate storm sewer system municipal separate storm sewer system (MS4) is:(MS4) is:A conveyance or system of conveyances... A conveyance or system of conveyances... owned by a State, city, town, or other public owned by a State, city, town, or other public entity that discharges to waters of the U.S. and entity that discharges to waters of the U.S. and is:is:

designed or used for collecting or conveying designed or used for collecting or conveying storm waterstorm waternot a combined sewernot a combined sewernot part of a Publicly Owned Treatment Works not part of a Publicly Owned Treatment Works (POTW)(POTW)

Storm Water Phase II Final RuleStorm Water Phase II Final RuleSmallSmall MS4 CoverageMS4 Coverage

What is a What is a ““smallsmall”” MS4?MS4?

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

Storm Water Phase II Final RuleStorm Water Phase II Final RuleSmallSmall MS4 CoverageMS4 Coverage

A A regulatedregulated small MS4 is any small small MS4 is any small MS4:MS4:

Located in an Located in an ““urbanized areaurbanized area””((““automaticautomatic”” nationwide designation) nationwide designation) and not waived by the PA; orand not waived by the PA; or

Designated by the PADesignated by the PA

Small MS4 Coverage Small MS4 Coverage Urbanized Area DefinitionUrbanized Area Definition

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

Federal & State FacilitiesFederal & State FacilitiesFederal facilities not regulated by Phase I Federal facilities not regulated by Phase I Phase II includes the Phase II includes the ““United StatesUnited States”” in the in the definition of a small MS4definition of a small MS4Phase II MS4s include Federal and StatePhase II MS4s include Federal and State--operated small MS4soperated small MS4sExamples include universities, prisons, Examples include universities, prisons, hospitals, roads (i.e., departments of hospitals, roads (i.e., departments of transportation), military bases, and office transportation), military bases, and office buildings/complexes.buildings/complexes.

Small MS4 Coverage Small MS4 Coverage Designation by the PADesignation by the PA

The PA must develop and apply The PA must develop and apply designation criteria to small MS4s, located designation criteria to small MS4s, located outside of a UA, serving a jurisdiction with outside of a UA, serving a jurisdiction with >>10,000 population 10,000 population andand >>1,000/sq. mile 1,000/sq. mile population density population density

Designation by the PADesignation by the PADesignation CriteriaDesignation Criteria

Discharge to sensitive watersDischarge to sensitive watersHigh growth or growth potentialHigh growth or growth potentialHigh population densityHigh population densityContiguity to an urbanized areaContiguity to an urbanized areaSignificant 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 Ineffective protection of water quality by other programsother programs

Designation by the PADesignation by the PA

The PA must also designate any small The PA must also designate any small MS4 that is substantially contributing MS4 that is substantially contributing pollutants to a physically interconnected pollutants to a physically interconnected regulated MS4 regulated MS4

Permit RequirementsPermit Requirements

The storm water management The storm water management program must include:program must include:

Six minimum control measures Six minimum control measures

Evaluation/assessment effortsEvaluation/assessment efforts

Record keepingRecord keeping

Small MS4s Small MS4s -- Six Minimum Six Minimum Control MeasuresControl Measures

Develop and implement a Storm Water Develop and implement a Storm Water Management Program (SWMP) which covers six Management Program (SWMP) which covers six minimum control measures:minimum control measures:

Public Education and OutreachPublic Education and OutreachPublic Involvement/ParticipationPublic Involvement/ParticipationIllicit Discharge Detection and EliminationIllicit Discharge Detection and EliminationConstruction Site Runoff ControlConstruction Site Runoff ControlPostPost--Construction Storm Water Management in New and Construction Storm Water Management in New and RedevelopmentRedevelopmentPollution Prevention/Good Housekeeping for Municipal Pollution Prevention/Good Housekeeping for Municipal OperationsOperations

Identify best management practices (Identify best management practices (BMPsBMPs) and ) and measurable goals associated with each minimum measurable goals associated with each minimum control measure.control measure.Annual reportingAnnual reporting

US EPA Resources on the Web: US EPA Resources on the Web: http://cfpub.epa.gov/npdes/stormwater/munic.cfmhttp://cfpub.epa.gov/npdes/stormwater/munic.cfm

Regulated Small MS4 Regulated Small MS4 Permit RequirementsPermit Requirements

Must submit an NOI or individual permit Must submit an NOI or individual permit application and identify the following application and identify the following elements for each minimum control elements for each minimum control measure:measure:

Best management practicesBest management practicesMeasurable goalsMeasurable goalsTiming and frequency of the actionsTiming and frequency of the actionsResponsible personsResponsible persons


Must evaluate program and submit reports:Must evaluate program and submit reports:

Annual reports in the first permit term, in years 2 Annual reports in the first permit term, in years 2 and 4 in subsequent termsand 4 in subsequent terms

No monitoring is required under the rule, but may No monitoring is required under the rule, but may be required by the PAbe required by the PA

Also need to keep relevant records for at least 3 Also need to keep relevant records for at least 3 yearsyears


Reports must include:Reports must include:Status of compliance with permit conditions:Status of compliance with permit conditions:

•• Assessment of BMPS and measurable goalsAssessment of BMPS and measurable goals

Results of any info collected and analyzedResults of any info collected and analyzed

A summary of the storm water activities planned for A summary of the storm water activities planned for the next reporting cyclethe next reporting cycle

A change in any BMPs or measurable goalsA change in any BMPs or measurable goals

Notice that relying on another entity, if applicableNotice that relying on another entity, if applicable

Deadlines for Small MS4 Deadlines for Small MS4 ComplianceCompliance

““AutomaticallyAutomatically”” designated small MS4s:designated small MS4s:Permit coverage by March 10, 2003 Permit coverage by March 10, 2003 If PA has approved schedule for phasing If PA has approved schedule for phasing coverage for MS4s <10,000 coverage for MS4s <10,000 -- coverage by coverage by March 8, 2007March 8, 2007

Full implementation of MS4Full implementation of MS4’’s program:s program:Within 5 years of permit issuanceWithin 5 years of permit issuance

Implementation Where There Are Implementation Where There Are Multiple Regulated EntitiesMultiple Regulated EntitiesCoverage of multiple governments and Coverage of multiple governments and agencies in a single area is likelyagencies in a single area is likely

EPA encourages State and Federal EPA encourages State and Federal small MS4 operators to establish small MS4 operators to establish cooperative agreements with cities and cooperative agreements with cities and counties in implementing their storm counties in implementing their storm water programswater programs..

Implementation Strategies Implementation Strategies --Choose Appropriate Choose Appropriate BMPsBMPs

Phase II requires the Phase II requires the permitteepermittee to choose to choose appropriate (appropriate (BMPsBMPs) for each minimum ) for each minimum control measurecontrol measure

Following: examples of tailored Following: examples of tailored BMPsBMPs that that Federal or State operators can implement Federal or State operators can implement for each measure:for each measure:

Public Education and OutreachPublic Education and Outreach

Distribute brochures and post fliers to Distribute brochures and post fliers to educate employees of a Federal educate employees of a Federal hospital about the problems associated hospital about the problems associated with storm water runoff with storm water runoff

Advise employees against carelessly Advise employees against carelessly discarding trash on the ground or discarding trash on the ground or allowing their cars to leak oil/fluids in the allowing their cars to leak oil/fluids in the parking lotparking lot

Public Participation/InvolvementPublic Participation/Involvement

Provide notice of storm water Provide notice of storm water management plan development and management plan development and request volunteers to help develop the request volunteers to help develop the planplan

Hold meetings at which employees of a Hold meetings at which employees of a Federal office complex are encouraged to Federal office complex are encouraged to voice their ideas about the effortvoice their ideas about the effort

Illicit Discharge Detection and Illicit Discharge Detection and EliminationElimination

Develop a map of the storm sewer system on a Develop a map of the storm sewer system on a military basemilitary basePerform visual dry weather monitoring of any Perform visual dry weather monitoring of any outfalls to determine whether the storm sewer is outfalls to determine whether the storm sewer is receiving any nonreceiving any non--storm water dischargesstorm water dischargesIf a dry weather flow is found, trace it back to the If a dry weather flow is found, trace it back to the source and stop the dischargesource and stop the dischargeIf a military base traces an illicit discharge to its If a military base traces an illicit discharge to its border, the base should notify the adjoining MS4 border, the base should notify the adjoining MS4 for further actionfor further action

Construction Site Runoff ControlConstruction Site Runoff Control

Require the implementation of erosion and Require the implementation of erosion and sediment controls for any Federal or State sediment controls for any Federal or State DOT road constructionDOT road constructionThe DOT would review site plans, perform The DOT would review site plans, perform inspections, and establish penalties in the inspections, and establish penalties in the construction contract construction contract If construction is done by the regulated DOT If construction is done by the regulated DOT instead of a private contractor, the DOT could instead of a private contractor, the DOT could be penalized by the NPDES PA for nonbe penalized by the NPDES PA for non--compliance with its MS4 permit if controls are compliance with its MS4 permit if controls are not properly implemented.not properly implemented.

PostPost--Construction Runoff Construction Runoff ControlControl

Require the implementation of postRequire the implementation of post--construction storm water controls for any construction storm water controls for any new construction on the grounds of a new construction on the grounds of a prisonprisonThis can be required as part of a This can be required as part of a construction contract, instituted as internal construction contract, instituted as internal policy, and considered during site plan policy, and considered during site plan reviewreview

Pollution Prevention/Good Pollution Prevention/Good Housekeeping for Municipal Housekeeping for Municipal

OperationsOperationsTrain maintenance staff at aTrain maintenance staff at a State university State university to employ pollution prevention techniques to employ pollution prevention techniques

Examples:Examples:routinely pick up trash from the university groundsroutinely pick up trash from the university groundsuse less salt on the parking lots and access roads use less salt on the parking lots and access roads in the winterin the winterperform any maintenance of university vehicles perform any maintenance of university vehicles under shelter onlyunder shelter onlylimit pesticide use to the minimum neededlimit pesticide use to the minimum neededkeep dumpster lids closedkeep dumpster lids closed

Implementation Strategies Implementation Strategies --Working with Other EntitiesWorking with Other Entities

In the case of limited capabilities or legal In the case of limited capabilities or legal authority the authority the permitteepermittee can work can work withwith neighboring small MS4s to form a shared neighboring small MS4s to form a shared storm water management programstorm water management programEach Each permitteepermittee is responsible for activities is responsible for activities within individual legal authorities and abilitieswithin individual legal authorities and abilitiesPermitteesPermittees may rely on other entities, with may rely on other entities, with their permission, to implement those their permission, to implement those minimum measures that the minimum measures that the permitteepermittee is is otherwise unable to implementotherwise unable to implement

Working with Other Entities Working with Other Entities --ExamplesExamples

The The permitteepermittee or permitting authority can or permitting authority can reference programs such as:reference programs such as:

Coastal Coastal nonpointnonpoint pollution control programspollution control programsState or local watershed programs State or local watershed programs State or local construction programsState or local construction programsEnvironmental education efforts by public or Environmental education efforts by public or private entities.private entities.

Working with Other Entities Working with Other Entities --ExamplesExamples

The The permitteepermittee can become a cocan become a co--permitteepermitteewith a neighboring Phase I MS4 through a with a neighboring Phase I MS4 through a modification of the Phase I MS4modification of the Phase I MS4’’s s individual permit.individual permit.This may be the most logical and This may be the most logical and preferable option for those Federal and preferable option for those Federal and State entities located in close proximity to State entities located in close proximity to Phase I MS4sPhase I MS4s

Individual Federal or State Individual Federal or State Buildings: Are They Regulated Buildings: Are They Regulated

Small MS4s?Small MS4s?Phase II states that the definition of small MS4 Phase II states that the definition of small MS4 does not include individual buildings.does not include individual buildings.Most of these buildings have, at most, a parking Most of these buildings have, at most, a parking lot with runoff or a storm sewer that connects lot with runoff or a storm sewer that connects with a municipalitywith a municipality’’s MS4s MS4These buildings may have a municipal separate These buildings may have a municipal separate storm sewer but they do not have a storm sewer but they do not have a ““systemsystem”” of of conveyancesconveyancesA federal complex of two or three buildings could A federal complex of two or three buildings could be treated as a single building and not be be treated as a single building and not be required to apply for coveragerequired to apply for coverage

Individual Federal or State Individual Federal or State Buildings: Are They Regulated Buildings: Are They Regulated

Small MS4s?Small MS4s?Permitting authorities should use their best Permitting authorities should use their best judgment as to the nature of a complex judgment as to the nature of a complex and its storm water conveyance system and its storm water conveyance system and whether it should be regulated as a and whether it should be regulated as a small MS4small MS4Permitting authorities should also consider Permitting authorities should also consider whether the federal or State complex whether the federal or State complex cooperates with its municipalitycooperates with its municipality’’s efforts to s efforts to implement their storm water management implement their storm water management programprogram

EPA Region 4 ContactsEPA Region 4 ContactsSusan Pope Susan Pope –– Region 4 NPDES Enforcement, Storm WaterRegion 4 NPDES Enforcement, Storm Water•• Phone : 404.562.9770Phone : 404.562.9770

Email: Email: [email protected]@epa.gov

AraceliAraceli Bonilla Bonilla –– Region 4 NPDES Enforcement, Storm WaterRegion 4 NPDES Enforcement, Storm Water•• Phone : 404.562.9790Phone : 404.562.9790

Email: Email: [email protected]@epa.gov

Mike Mitchell Mike Mitchell -- Region 4 NPDES Storm Water Coordinator Region 4 NPDES Storm Water Coordinator Phone : 404.562.9303Phone : 404.562.9303Email: Email: [email protected]@epa.gov

Floyd Wellborn Floyd Wellborn –– Storm Water General Permit WriterStorm Water General Permit WriterPhone: 404.562.9296Phone: 404.562.9296Email: Email: [email protected]@epa.gov

mailto:[email protected]




Useful LinksUseful LinksThe following websites provide valuable information regarding The following websites provide valuable information regarding development/implementation of MS4 programs: development/implementation of MS4 programs:

Program and Regulations: Program and Regulations: www.epa.gov/npdes/stormwaterwww.epa.gov/npdes/stormwaterCase Studies: Case Studies: www.epa.gov/npdes/stormwater/casestudieswww.epa.gov/npdes/stormwater/casestudiesBest Management Practices: Best Management Practices: www.epa.gov/npdes/stormwter/menuofbmpswww.epa.gov/npdes/stormwter/menuofbmps;;www.bmpdatabase.orgwww.bmpdatabase.org; and ; and www.cabmphandbooks.com/Municipal.aspwww.cabmphandbooks.com/Municipal.aspOutreach Materials: Outreach Materials: www.epa.gov/npdes/stormwatermonthwww.epa.gov/npdes/stormwatermonthNonNon--point Source Info: point Source Info: www.epa.gov/newsnoteswww.epa.gov/newsnotes and and www.epa.gov/owow/nps/urbanmm/index.htmlwww.epa.gov/owow/nps/urbanmm/index.htmlInstitutional Aspects of Urban Runoff Management: Institutional Aspects of Urban Runoff Management: www.stormwater.ucf.edu/publications/urban_runoff.pdfwww.stormwater.ucf.edu/publications/urban_runoff.pdfStorm Water Authority: Storm Water Authority: www.stormwaterauthority.comwww.stormwaterauthority.comStorm Water Managers Resource Center: Storm Water Managers Resource Center: www.stormwatercenter.netwww.stormwatercenter.netMeasurable Goals: Measurable Goals: http://cfpub.epa.gov/npdes/stormwater/measurablegoals/parametershttp://cfpub.epa.gov/npdes/stormwater/measurablegoals/parameters.cfm.cfmandandhttp:www.casqa.org/resources/product.phphttp:www.casqa.org/resources/product.php

http://www.cabmphandbooks.com/Municipal.asp

http://cfpub.epa.gov/npdes/stormwater/measurablegoals/parameters.cfm

Questions?Questions?

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