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NPDES Compliance with Phase II Storm Water Regulations
San Francisco Bay Regional Water Quality Control Board
Tobi Tyler, Water Resources Control Engineer, RWQCB
Objectives
When – by March 10, 2003
Why – why are we here What – Regulatory
History
How – Regulatory Requirements
Why are we here?
Clean Water.
Here is the definition of an essential term:
“Waters of the State”
According to the Porter-Cologne Water Quality Control Act, CCR Sec. 13050(e):
“Waters of the State” means any water, surface or underground, including saline waters, within
the boundaries of the United States.
This creek is a “Water of the State”
Even though there is no water
currently visible in this intermittent
seep/stream, it is a “Water of the
State”.
Here are some examples:• Estuary and delta
• Rivers
• Creeks (including intermittent)
• Wetlands (tidal, seasonal…)
• Ponds
• Grassy swales
•Storm drains
What is storm water pollution?Pollution with reference to the Water (Prevention and Control of Pollution) Act of 1974 means:
• alteration of the physical, chemical or biological properties of water
(that is directly or indirectly)
likely to create a nuisance or render such water harmful or injurious to:
• public health or safety,
• domestic, commercial, industrial, agricultural or their legitimate uses,• the life and health of animals or plants or of aquatic organisms.
• discharge of polluted runoff, sewage or trade effluent or of any other liquid, gaseous or solid substance into water
storm water pollution can be anything.
• Hazardous chemicalsacids, lime, glues,
adhesives, and curing compounds
• Detergents
• Petroleum productsfuel, oil, and grease• Fertilizers
• Asphalt compounds
• Pesticides and Herbicides
• Concrete compounds
• Paints and Solvents
• Plaster or related products
• Soil, Dirt and Sediment
And others...
A healthy stream
A stream choked by sedimentation and chemicals caused by erosion and toxic chemical releases from construction,
industrial, or urbanized areas
Geomorphological Effects of Urbanization
• Embeddedness • Stream widening and erosion• Reduced fish passage• Degradation of habitat structure• Decreased channel stability• Loss of pool-riffle structure• Fragmentation of riparian tree canopy• Decreased substrate quality
Other negative impacts are:
Cleanup of contaminated sites
Declining Fisheries
Recreational Water Use
Aesthetic Losses
Economic Impacts and loss of tourism
By focusing primarily on the most obvious sources of water pollution, industrial process wastewater
discharges and discharges of treated sewage from sewage treatment plants were not eliminated, but
were at least brought under regulatory control, and reduced somewhat.
The 1972 Amendments to the Clean Water Act prohibit the discharge of ANY pollutant to waters of the United States from a point source unless the discharge is authorized by an NPDES permit.
It wasn’t enough.Non-point source pollution and storm water
runoff wasn’t considered in the original 1972 law.
This left as much as 40% of the pollution unaddressed, even after point source
pollution discharges from industrial and municipal plants had been improved.
Water quality continued to deteriorate.
As a result, the United States Congress acted again.
• In 1987, Congress amended the Clean Water Act, this time specifically to address problematic storm water discharges.
• This amendment required NPDES permits be issued for the following storm water discharges:– Industrial– Construction– Municipal (for population centers over
100,000)
Storm Water Regulations
• Phase I • (1990 - March
9, 2003)– Construction– Industrial– Municipal– CalTrans
• Phase II • (begins March
10, 2003)– Construction– Industrial– Municipal– CalTrans
Phase I (began 1990)• Construction General Permit (Statewide)
– Land disturbance: 5 or more acres– BMPs & SWPPP
• Industrial General Permit– based on SIC code– SWPPP & BMPs– sample discharge during 2 storm events a year
• pH, TSS, SC, and O&G or TOC
• CalTrans - Statewide Permit– site specific SWPPPs– covers all CalTrans activities and all CalTrans
properties or right of ways– SWMP
Phase II (begins March 10, 2003)
• Large Construction General Permit– no change
• Small Construction General Permit– Land disturbance: 1 to 5 acres– Adopted at the State Board level
• Industrial General Permit– minor changes
Phase II (begins March 10, 2003)
Municipal PermitWill be adopted at the State Board level
with General Permit or optionally at the Regional Board level with an Individual Permit
All designated MS4 (Municipal Separate Storm Sewer Systems) must obtain NPDES permit coverage by March 10, 2003
Who is Designated for Needing NPDES Permit
Coverage?– Cities named in Appendix 6 of the
Phase II regulations•Cities in urbanized areas that are not
part of a Phase I Area-wide permit•Unincorporated county areas that
are in urbanized areas– MS4s that are part of areas designated
as urbanized under the 2000 census
What is Required?
• Apply for coverage under General Permit or Individual Permit
• Implement the 6 Minimum Control Measures or Program Elements
• Develop Measurable Goals for the Program Elements
Application Process for the Municipality
• Submit Notice of Intent (NOI)• Submit Storm Water
Management Plan (SWMP), which contains:– Best Management Practices (BMPs) to
be Implemented– Measurable Goals to be met– Timetable of Implementation
Phase II Program Requirements
• Develop, implement & enforce a Storm Water Management Plan (SWMP) to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP).
• Address the 6 program elements.• Select BMPs and identify measurable
goals of each of the program elements.• Evaluation and Assessment.• Monitoring and Reporting.
Program Requirements– 6 Program Elements and Measurable
Goals• Public Outreach• Public Involvement• Illicit Discharge Detection and Elimination• Construction Program• Post-construction Program• Good House Keeping/ Pollution Prevention
– Monitoring and Evaluation Requirements– Annual Reporting to the RWQCB
Steps to Developing an Effective Program
1. AssessmentInstitutional Assessment
Assessment of the natural resourcesAssessment of the pollutant sources
3. Implementation–6 Program Elements
2. Development–Program management
–Institutional arrangements & coordination–Legal authority–Fiscal resources
4. Evaluation–Progress Reporting
–Updating your Program
Program Elements (Minimum Control Measures)
1. Public Education and Outreach on Storm Water Impacts
2. Public Involvement and Participation3. Illicit Discharge Detection and Elimination4. Construction Site Storm Water Runoff
Control5. Post-Construction Storm Water
management in New Development and Redevelopment
6. Pollution Prevention and Good Housekeeping for Municipal Operations
1. Public Education and Outreach Program
• Educate the public about impacts of storm water pollution, and steps to reduce pollutants.
• Examples of some education/outreach programs:– Educational program for schools– Radio advertisements– Brochures, posters, bus ads– Educational materials for businesses– Pledge programs
2. Public Involvement and Participation Program
Provide opportunities for people to participate in program development and implementation.
This could include:– Public meetings and forums where citizens are
represented on local storm water management panels or attending public hearings.
– Community clean-ups.– Volunteer Citizen Monitoring programs.– Volunteer Citizen Educational programs.– Storm drain stenciling.
3. Illicit Discharge Detection and Elimination
Program• Eliminate non-storm water discharges
to the storm drain system, including:– Direct connections between storm drain
system and wastewater pipes, coordinate with wastewater treatment plants
– Dumping into storm drains– Spills– Leaks
3. Illicit Discharge Detection and Elimination Program
• At a minimum, the program must include:– A storm drain system map showing the
location of outfalls, names, and locations of all waters of the US/State to which the discharges flow.
– An enforceable mechanism(s) (e.g. ordinance) to prohibit non-storm water discharges into you storm drain system.
– A program to detect and address non-storm water discharges, including illegal dumping, into your system.
– An education component.
4. Construction Site Storm Water Runoff Control
• Develop, implement, and enforce a program to reduce pollutants from construction activities greater than or equal to 1 acre.
• At a minimum, the program must include:– A regulatory mechanism (e.g. ordinance or
other enforceable mechanism) to require erosion and sediment controls
– BMPs implementation by construction site operators to control erosion, sediment loading, and wastes (e.g., concrete, paints, chemical, and litter).
– Procedures for site plan review, inspection, and enforcement of control measures.
Construction Site Storm Water Runoff Control
Poor Construction Site Planning
Causes uncontrolled discharges of large volumes of sediments and pollutants into surface waters
Construction Site Storm Water Runoff Control
Which in turn causes:
Excess sedimentation in drainage channels
Example of Proper Construction Site Storm Water Runoff Control
Fiber rolls installed properly here, and used in conjunction with erosion control measures, have minimized tracking of mud on the paved areas. This is a successful job site.
5. Post-Construction Storm Water Management in New Development &
Redevelopment• Develop, implement and enforce a program to address long-term storm water runoff from new development and redevelopment projects that disturb > or = 1 acre (including smaller projects that are part of a larger common plan).
• At a minimum, the program must include:– Strategies that include a combination of structural
and non-structural BMPs appropriate for the community.
– A regulatory mechanism (e.g. ordinance or other enforceable mechanism) to address post-construction runoff from new development and redevelopment projects.
– Adequate long-term operation and maintenance of BMPs.
Example of structural BMPsThis porous parking lot is a good example of how to reduce runoff.(Pacific Grove, CA)
Reasons for these New Development and Redevelopment Post-Construction
Controls
• Loss of Natural Vegetation• Increased Impervious Surface• Increased Pollutant Loads• Increased Volume and Velocity of Storm Water
Runoff• Degradation and Loss of Stream Functions • Increased Stream Temperature
Impacts of Increased Urbanization
6. Pollution Prevention and Good Housekeeping for Municipal
Operations• Implement a training program to
educate municipal operators on pollution reduction and prevention from municipal operations.
• Ensure adequate long-term operation and maintenance of BMPs.
Vehicle Maintenance – Waste Reduction BMPs
Materials Handling and Storage
The following materials must be stored under cover and surrounded by
containment berms:Paints and SolventsPesticides and Herbicides
FertilizersDetergents
Plaster or related productsConcrete compoundsAsphalt compounds
Petroleum products like fuel, oil, and greaseHazardous chemicals like acids, lime, glues,
adhesives, and curing compounds
Any chemicals or materials which are outside the containment berm become a
pollutant.
Monitoring and Evaluation Requirements
At a minimum, monitoring should include:– Evaluation of BMP effectiveness– Evaluation of program’s effectiveness– Visual Observation– Baseline characterization
Additional monitoring may include:– Representative physical and/or chemical
sampling– Participation in regional monitoring program
Enforcement of Storm Water Regulations
• MS4s will adopt and enforce an ordinance (giving them enforcement authority)
• MS4s will conduct inspections and/or take enforcement action when necessary (checking for compliance with ordinance)
• MS4s will notify the RWQCB of problem sites for further enforcement when necessary
• RWQCB will enforce the Construction/Industrial/MS4 permits