Training Approach and Expectations 2/6/20161 Training Approach and What to Expect.

Training Approach and Expectations

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Training Approach and What to Expect


Purpose of the Training Effectively conduct audits and inspections of MS4 programsAssess the compliance and effectiveness of Phase I/Phase II MS4 programsReview SWMPsAssess pollutants of concern

The training will:

1. Present the MS4 audit and inspection process Nation-wide consistency Describe and provide available reference materials

2. Provide comprehensive and appropriate training materials for future use

3. Opportunity for inspectors to ask questions regarding MS4 program implementation and expectations

4. Discuss how the results of audits and inspections can be used to enhance MS4 permits and SWMPs

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Multiple objectives can exist• Audits and Inspections• Permit renewals• Compliance assistance

This training addresses all of these objectives

Participants should consider these objectives when planning future MS4 activities

Objectives and Outcomes


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Understanding MS4s


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• The term “MS4” is commonly used to describe both:

The infrastructure used to convey stormwater runoff

The owner/operator of the infrastructure that is permitted to discharge this runoff

What is an MS4? (Municipal Separate Storm Sewer System)


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According to 40 CFR 122.26(b)(8), municipal separate storm sewer system means a “conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

(i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law)...including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States.

(ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as

defined at 40 CFR 122.2.”

MS4 as Infrastructure


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• MS4s can be linear or more complex, open, piped, manmade, natural, or a combination of all of these things

• Some MS4s carry groundwater or piped streams, are tidally influenced, or have some other constant source of non-stormwater discharge

• A system which is a combined sewer or discharges directly to a POTW is not considered an MS4

What Does that Mean?


Small MS4s

• According to 40 CFR 122.26(b)(16), small MS4s are similar to large and medium except they may be owned or operated by the United States and includes systems similar to separate storm sewer systems in municipalities such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares but does not include sewers in very discrete areas, such as individual buildings.


Regulated Small MS4s

• Operate a small MS4• Located in an urbanized area (UA), as defined by

the latest Decennial Census by the Bureau of the Census

• Not waived

Maps for all UAs are available at:

http://www.epa.gov/npdes/stormwater/urbanmaps


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• Must be a public body which owns and/or operates MS4 infrastructure

• Traditional MS4s are municipalities such as cities or counties

• Non-traditional MS4s include:Departments of transportationAirportsUniversitiesFederal installations or facilities

MS4 as an Owner/Operator:


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Traditional MS4s (Municipalities)

• Typically stormwater management duties fall to the public works department or similar agency

• Traditional MS4s use local ordinances (i.e., the municipal code) to enforce stormwater management requirements

• More recently, many municipalities are creating stormwater utilities to manage stormwater (and collect user fees from citizens to operate program) Educate city council Develop fair rates Educate the public


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Non-Traditional MS4s

• Some stormwater program components may need to be modified or may not be applicable to non-traditional MS4s. For example: Many non-traditional MS4s do not review private construction plans

like a municipality. The construction component would instead be focused on public construction projects

A public education program for a DOT may focus on employees or the traveling public

• Non-traditional MS4s typically do not have ordinances or codes therefore must use other methods to gain compliance A DOT may use right-of-way permit conditions to ensure BMPs are

used at a business discharging into the DOT MS4


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Stormwater Within the Municipal Structure

• Often included in the Public Works, Engineering or Environmental Services Department (or equivalent)

• Sometimes included in the Planning Department or another department

• Stormwater staffing can range from a partial FTE to 20+ FTE

• Stormwater responsibilities are often spread across multiple municipal departments


Example: Orange County, CA MS4 Management Framework


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Overview of MS4 Permits


Storm Water Phase I/II Regulations

• Phase I (November 16, 1990) required permits for: Large/Medium urban areas with populations greater than 100,000 Other municipalities that are designated by the permitting authority Certain categories of industrial facilities, including construction sites

that disturb five or more acres of land.

• Phase II (December 8, 1999) required permits for: Small MS4s in urbanized areas Additional MS4s designated by the Permitting Authority Construction sites that disturb one or more acres of land Excluded from regulation storm water discharges from industrial

facilities that have “no exposure” of industrial activities or materials to storm water.


Phase I MS4 Permits in California

• “Early permits” (before the Phase I regulations became final) were issued to seven MS4s in area-wide permitsAccounted for approximately 70% of Phase I

communities• Some MS4s in their 3rd round of permits


Phase I MS4 Permits in California

• 28 area-wide, system-wide and statewide Phase I MS4 permits issued in the State

• Many smaller municipalities designated as owner/operators of MS4s subject to Phase I NPDES permits

• Phase I permits regulates urban runoff from approximately 54% of total municipalities in CaliforniaAccounting for over 80% of the population


Phase II Permits in California

• Small MS4 General Permit issued by State Board on April 30, 2003.

• Addresses automatically designated small MS4s, small MS4s to be designated by the State, and non-traditional small MS4s

• Application deadlines varied by MS4• Full implementation of Phase II will result in

NPDES storm water permits regulating urban runoff in over 75% of the total municipalities in California


9th Circuit Ruling (Environmental Defense Center v. EPA)

• Upheld Phase II rule, but required EPA and States to:Make applications for general permit coverage (NOI

and SWMP) available to the publicReview applications to determine if they meet the

MEP standard before permit coverage commencesAdopt a process to accommodate public hearings


EPA Guidance on 9th Circuit Court Ruling (April 16, 2004)

• NOIs must be made publicly availability• Permitting agency must provide opportunity for

public hearing• Permitting Authority must conduct reviews of

NOIsOfficial “approval” is not necessary

• California’s Phase II permit meets these conditions


Storm Water Panel on Numeric Limits

• The Feasibility of Numeric Effluent Limits Applicable to Discharges of Storm Water Associated with Municipal, Industrial, and Construction Activities (June 19, 2006)

• Municipal – not feasible at this time Recommends setting an “upset value” or Action Level to identify

“bad actor” catchments

• Industrial – feasible for some industrial categories• Construction – feasible for TSS/turbidity for larger sites

www.waterboards.ca.gov/water_issues/programs/stormwater/numeric.shtml


Regional MS4 Permits

• Some Phase I MS4 permits are being issued on a Regional basisE.g., the draft Municipal Regional Permit by

the SF Board is a single region-wide permit for four major urban counties of Alameda, Contra Costa, Santa Clara and San Mateo

Many benefits/problems with a regional MS4 permit

http://www.waterboards.ca.gov/sanfranciscobay/mrp.shtml


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MS4 permits generally contain the following components:

• Entity (individual or group)• Discharge Prohibitions

Authorized and un-authorized discharges• Receiving Water Limitations

Special Provisions, monitoring, TMDLs, watershed planning requirements, etc.

• Stormwater Management Plan (SWMP) Components Defines SWMP and program area requirements

• Definitions• Standard Conditions


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• The level of detail and enforceability within each component of the permit can vary

• MS4 audits have traditionally focused on:

Discharge Prohibitions (un-authorized discharges)Stormwater Management Plan (SWMP) – what the

MS4 says it will do Implementation of MS4 program areas – verification

that the MS4 is doing what is prescribed in the SWMP


SWMP/MS4 relationship

• The SWMP generally contains the details of how the MS4 will implement the requirements in the permit

• Most MS4 permits require the development and implementation of a SWMP

• Therefore, provisions in the SWMP are enforceable as permit requirements


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Assessment and Evaluation - MEP

• EPA’s 1996 Interim Permitting Policy for Water Quality-Based Effluent Limits in Stormwater Permits described an iterative approach to permitting:

Assessment

Refocused BMPs

BMPs


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Graph illustrating the iterative approach (SWRCB)


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Conclusions

• Difficult to assess compliance with many aspects of many MS4 permits

• “Measurable” permit requirements allow compliance to be assessed

• Many Phase I permits in California contain “measurable” permit requirements

• Implement a Feed-back loop between inspectors and permit writers Ability to determine compliance Appropriateness and thoroughness of requirements Also review the SWMP for the same considerations

Training Approach and Expectations 2/6/20161 Training Approach and What to Expect.

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