the next generation of compliance - north carolina mineral and land... · ms4 regulatory compliance...

Department of Environmental Quality

NC MS4 Compliance

Strategy

NC MS4 Sustainability Strategy (MS6)

Background Information

DEQ/DEMLR/Stormwater Program

Mike Randall,

(919) 807-6374

E-mail: [email protected]

Robert Patterson

(919) 807-6369


1612 Mail Service Center

Raleigh NC 27699-1612

The Next Generation of Compliance



Currently one part time position dedicated to administer the MS4 program

• 101 small MS4 local governments • Over 40 have populations < 10,000

• 2 non traditional Schools in Mecklenburg County• NCDOT (TS4)• 6 Large MS4s• 2 Universities• 4 Military bases• 28 MS4 waived or requested waivers - populations < 10,000• 20 potential MS4 from the 2010 Census - populations < 10,000

Federal and State regulations allow the state to approve request to waive or rescind MS4 permits if they demonstrate that they have effective SW programs in place.


DEQ’s Overall MS4/TS4 Compliance Strategy

Enforcer

ResourcePartner

• Enforcer the EPA/DEQ FY17 SECTION

106 WORKPLAN – Inspections and

audits

• A partner and a resource DEQ will

continue to support outreach activities,

such as, summits, workshops, training

• A partner and a resource DEQ will

continue to be committed to seeking

cooperative and sustainable solutions

through Round Table discussions,

Lunch and Learns, and meetings.



Annual Reports

MS4s are required to prepare and submit annual reports

Audits and Inspections

CWA SECTION 106 WORKPLAN for Phase I and II MS4s requires NC DEQ –DEMLR conducts on-site audit, MS4 inspection, or off-

site desk audit once/5 years.


NC DEMLR is requesting EPA eliminating the NC MS4/TS4 annual reporting and MS4/TS4 inspections and audits where there is a formal and transparent sustainability strategy.

The New Generation of MS4 Compliance

You can’t fatten a pig weighing it.


Request Recognizes

• Posting Gap Analysis, Root

Cause Analysis and Action

Plans ensures transparency

and provides better oversight

• Partnerships lead to

cooperative solutions.

• Cooperative solutions lead to

ownership.



Request recognizes ownership leads to improved stormwater programs that:

• Minimizes liability

• Strengthens stormwater programs through adaptive management and peer-to-peer

interaction

• Allows the local government demonstrate and model success in maintaining NPDES

MS4 regulatory compliance while continually improving upon practicable measures to

help achieve local, state, and federal stormwater management goals

• Promotes public engagement and collaboration

• Promotes results-based adaptive management that benefits the community and

watersheds served by the stormwater program, the regulated entity, regulatory

agencies, and broader program stakeholders.

• Allows the Local Government to identify and implement program strategies and

measures to meet the community’s existing stormwater management requirements

and needs while anticipating and preparing for the future.




NC MS4 Compliance

Strategy

NC MS4 Sustainability Strategy (MS6)


Cooperative Solution

DEQ Stormwater Permitting

SWANC and APWA

NCDOT

Phase I and Phase II

Local Governments

Environmental Groups

League of Municipalities

Private Sector


• MS6 was a cooperative solution to address the environmental, social and economic impacts of the MS4 program

• MS6 IS NOT mandatory• MS6 IS A MANAGEMENT

STRATEGY that provides local governments the tools to develop sustainable programs



MS4s Partners MS4s Partners Engineering Firms

Burlington* Greenville AMEC*

Winston-Salem (Phase I)* Lewisville WK Dickson

Greensboro (Phase I)* Durham (Phase I) DRMP

Raleigh (Phase I)* Wilmington Timmons Group

Holly Spring* Fayetteville (Phase I) Kimley Horn

High Point Morrisville Hazen and Sawyer

Asheville Cary

Monroe Garner

Kernersville Charlotte (Phase I)

Guilford County Mecklenburg County

* Core Partners. Other Partners included Several COGs, DEQ, NCDOT, League of Municipalities, APWA, SWANC, and

several Environmental Groups



Six elements for sustainable MS4

programs

Organizational Commitment

Environmental Management

Systems (EMS)

- Ordinances, Policies, Plans, and

SOPs

Asset Management

Finding cooperative solutions through collaboration and

partnerships

Gap Analysis and Root Cause Analysis

(Identify gaps and root causes)

Action Plans with Deadlines to

address gaps and root causes

• E-camp audits (Airforce)

• Environmental Compliance Evaluations (ECEs – Marine Bases)

• ISO14000 Gap Analysis

• Corporate Environmental Management Systems (EMS) and Asset Management

• APWA PW certification

• The Baldrige Performance Excellence Program and other Business Plan Models

• Practices implemented by NC local governments.




programs



Systems (EMS)


SOPs

Asset Management


partnerships





1. Resolution affirming the Local Government’s Support Regarding the MS4 Sustainable Strategy –Sample in packet

2. Primary community contact information

3. Link to program website

Start accepting July 1, 2017

Email w/ PDF to [email protected]


mailto:[email protected]



programs



Systems (EMS)


SOPs

Asset Management


partnerships






• Compendium of useful documents, checklist, and sample gap analysis, list of root causes, etc.

• Available July 1, 2017

• Maintained by the State w/ local governments and stormwater professionals providing updates.



programs



Systems (EMS)


SOPs

Asset Management


partnerships






• Stormwater Inspection and maintenance (SWIM)

• Like an IRA for Stormwater Management Controls that want to retire

• Public Private Partnerships (P3) ???



programs



Systems (EMS)


SOPs

Asset Management


partnerships





• Partnerships lead to

cooperative solutions

• Cooperative solutions

lead to ownership

• Ownership leads to

improved stormwater

programs




programs



Systems (EMS)


SOPs

Asset Management


partnerships





• Checklist • Background Information (EPA

Federal Regulations)

• Permit Requirements

• Questions related to sustainability

• Redundancies

• Gap Analysis identifies • Positive Findings, Deficiencies or

Gaps in the Stormwater

• Recommendations and opportunities to improve the program

• Identifies Root Causes

• Start using July 1, 2017




programs



Systems (EMS)


SOPs

Asset Management


partnerships





• Local Government develops and implements an action plan

• Specific actions that address both the deficiencies and the root causes

• Identify specific time frames and deadlines when the actions are to be completed



Local Government’ Role

• Adopt a resolution or other mechanism affirming support of the NC MS4 Sustainable

Strategy (MS6)

• Identify and implement program strategies and measures to meet the community’s

existing stormwater management requirements and needs while anticipating and

preparing for the future.

• Open data reporting

• Public engagement and collaboration

• Results-based adaptive management that benefits the community and watersheds

• Participate and support summits, workshops and training sessions.

• Seeking cooperative solutions through meetings, Lunch and Learns, and round-table

discussions.

• Providing feedback to DEMLR either with an e-mail, text, and/or mail and/or during

regular workshops, round table discussions, and Lunch and Learn sessions.



• Participate and support summits,

workshops and training sessions.

• Seeking cooperative solutions through

meetings, Lunch and Learns, and

round-table discussions.

• Maintain an interactive map

• Maintain a questionnaire for

conducting a gap analysis and a list of

Root Causes.

• Maintain a compendium of SOPs,

model ordinances, checklist, policies,

and plans

• Develop and maintain NC MS6

training material


State’s Role


What’s Next

DEQ/DEMLR/Stormwater Program

Mike Randall,

(919) 807-6374


Robert Patterson

(919) 807-6369


1612 Mail Service Center

Raleigh NC 27699-1612

DEQ/EPA Approval

Web based applications for

Inspections, Audits Gap Analysis, Root

Cause Analysis, Reporting

Training


NC MS6 Training

• Develop a two or three-day course

• 12 or more modules

• Each module will include lesson plans, identify the subject, time period, lesson plan objectives, handouts, power point presentations, exercises, and a pre and posttest.

• Offered to stormwater professional and Federal and State agencies.

• Courses may be observed by DEQ/EPA staff for consistency

What’s Next

Course Agenda

Day 1 MS6 Program

Organizational Commitment Environmental Management Systems (EMS) Asset Management Finding Cooperative Solutions Performing Gap Analysis and Identifying Root Causes Developing and Implementing Action Plans

Day 2 Minimum Measures

Public Education and Outreach Public Involvement IDDE Construction Activities Post-construction Activities Good Housekeeping and Pollution Prevention

Day 3 Optional Training

NC Compliance Strategy Alternatives to TMDLs Other ideas ????


What’s Next

State will maintain a list of stormwater professionals that have attended the MS6 Training

Who is going to provide the ongoing training ????

319 grants and/or Public Private Partnerships (P3)


What’s Next

• DEQ commitment and EPA approval• Audits and Inspections

– EPA contracts audits and inspections– Gap Analysis and Root Cause Analysis performed by independent

stormwater professions will be reviewed, documented, and recorded in BIMs as State audits and/or inspections pursuant to the CWA SECTION 106 WORKPLAN EPA/DEQ MOU for Phase I and II MS4s

– EPA may require stormwater professionals meet a State/EPA requirements/standard to perform Gap Analysis and Root Cause Analysis on behave of the State

• Annual Report– Posting the results of Gap Analysis and Root Cause Analysis and

Action Plans meet the requirement to submit annual reports to the State.


What’s Next

Gap Analysis Questionnaire, Root Cause list and Action Plans lend themselves to

a web-based application, inspections, audits and electronic reporting

(beginning in 2020)

319 grants and/or Public Private Partnerships (P3) ???

the next generation of compliance - north carolina mineral and land... · ms4 regulatory compliance...

Documents