Storm Water Facility Maintenance Responsibilities

Training Bureau of Maintenance and Operations

Attendance Tracking & Certificates

• PennDOT Attendees:– Complete the Highway Administration Sign-in

Sheet and send to District Training Coordinator– Certificates are mailed by Central Office within a

few weeks to those who are listed on Sign-In Sheet

– PennDOT Training Record is updated by Central Office

Attendance Tracking & Certificates

• Business Partners:– By May 4, send email to:

RA-PDHighAdminTrain@pa.gov – Subject line: May 1 Storm Water Webinar

Attendance– Include:• First and last name (as you want to appear on certificate)• Company name• Complete mailing address (street, city, state and zip code)

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Training Goal

To educate front-line personnel in current Department policy and law

Copyright © 2012 by the Commonwealth of Pennsylvania. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without prior written permission by PennDOT.

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Learning Outcomes

At the end of training, you will be able to:• Apply Department storm water policy

consistently• Know why the policies changed

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This will be placed on the web- under HOPs also see new website

• http://pddvpdwdommb03v/Internet/Bureaus/pdBOMO.nsf/BOMOHomepage?OpenFrameset

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Applicable Laws & Reports

• 1945 State Highway Law• Storm Water Management Act – 1978• Transportation Advisory Committee Report –

2007• Environmental Protection Agency MS4/ NPDES

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1945 State Highway Law & Policy

• Sproul Act – (1911)• Differences in required maintenance between

cities, boroughs and townships– see curb to curb exhibits

• Ditch & Drainage Act (section 417) – Chapter 8.3 of Pub 23

• Act of 1961 & amendments• Home Rule – (not part of 1945 law)

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The Common Enemy Doctrine

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The Civil Law Rule & Reasonable Use Rule

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Act 167 - Storm Water Management Act (1978)

The Storm Water Management Act was enacted in response to the impacts of accelerated storm water runoff resulting from land development in the state. It requires counties to prepare and adopt watershed-based storm water management plans, and requires local governments to adopt and implement ordinances to regulate development consistent with these plans.

Click above to go to file• What if no plan exists?• PennDOT is required to comply with a County plan, but not a local ordinance• NPDES is different and road maintenance activity has an exemption

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TAC Report - 2007Pennsylvania State Transportation Advisory Committee (TAC)– Legislature– Public– State Agencies

The TAC report recognized that management of storm water on state highways is a complex issue. Legally, cities and boroughs have the responsibility for maintenance of storm water facilities along state highways. Department policy requires townships to maintain storm water systems as well; however, this remains disputed. It also recognized that the Department’s policies for the maintenance of state highways have their roots in the State Highway Law of 1945, which is the basis of the Department’s curb-to-curb maintenance policy.

The TAC Report did not say PennDOT is not handling its policies in accordance with law.

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• Reporting of illicit discharge in urban areas- however• Utilize existing resources (STAMPP and County)• Policy being developed • EPA Initial findings•Need Process for Basins• Staff needs to know what MS4 is

EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems

(MS4s)

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OVERVIEWPhase I, issued in 1990, requires medium and large cities or certain counties with populations of 100,000 or more to obtain NPDES permit coverage for their storm water discharges.

Phase II, issued in 1999, requires regulated small MS4s in urbanized areas, as well as small MS4s outside the urbanized areas that are designated by the permitting authority, to obtain NPDES permit coverage for their storm water discharges.

Each regulated MS4 is required to develop and implement a storm water management program (SWMP) to reduce the contamination of storm water runoff and prohibit illicit discharges.

WHAT IS AN MS4?An MS4 is a conveyance or system of conveyances that is:• Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.;• Designed or used to collect or convey storm water (including storm drains, pipes, ditches, etc.);• Not a combined sewer; and• Not part of a publicly owned treatment works (sewage treatment plant).

EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems

(MS4s)

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EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems

(MS4s)The general requirement is to develop and implement a Storm Water Management

Program (SWMP) of Best Management Practices (BMPs) to reduce the discharge of pollutants from your regulated small MS4 to the Maximum Extent Practicable (MEP).The six (6) Minimum Control Measures (MCMs) are:1. Public Education & Outreach.2. Public Participation/Involvement.3. Illicit Discharge Detection and Elimination.4. Construction Site Runoff control.5. Post-Construction Runoff control.6. And, Pollution Prevention/Good Housekeeping.

Reporting is required in the First (1st), Third (3rd) and Fifth (5th) Permit Years.• Includes additional requirements of identification and screening of Dry Weather Flow

sites (flow that continues greater then 72 hours after a rain event).• Each MCM requires implementation of BMPs to meet Measurable Goals according to an

approved schedule.

Reporting

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EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems (MS4s)

There are additional requirements for small regulated MS4s that discharge to: impaired waters within approved Total Maximum Daily Load (TMDL)s; impaired waters without approved TMDLs; or watersheds draining into the Chesapeake Bay.

PennDOT’s original permit expired May 27, 2011.

PennDOT’s current permit began on July 17, 2011 and runs through July 16, 2016.

PennDOT’s MS4 committee is currently developing reporting criteria.• It is anticipated to be completed April 2012.

EPA/DEP is finalizing requirements for TMDLs for discharges that include nutrients, sediments, Acid Mine Drainage, PCBs, etc.

• A “Waste Load Allocation” (WLA) amount may also be assigned for a particular impaired waterway.

• Currently No TMDLs or WLAs have been assigned to PennDOT.

Reporting Continued

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Policy Changes

• What policies changed?• Why are the changes necessary?

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Summary of Pub 170/ 282

• Local Government must be co-applicant when connecting onto existing facilities

• Local Government can enter into side agreement with development and collect security

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Collateral Impacts

• Automated process for HOP pipes into RMS

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Summary of Pub 23

• Cities/ Boroughs- no change, PennDOT not responsible

• Townships- change, PennDOT assumes structural conditions where no agreement exists

• PennDOT not responsible for lack of capacity

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“Drainage” became “Storm Water”

• Strike-off Letter 470-12-1 effected this nomenclature change in three existing documents and introduced the Guidebook

• The term “drainage” can still be ..

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Historical Perspective

• In 1984 a similar situation occurred: the Department needed to remove all references to “guard rail” and replace them with “guide rail” in order to avoid misleading the traveling public, and therefore, minimize liabilities

• Rooted in legal casework

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When is an Agreement needed?

• An important outcome was Districts’ requests for Central Office to develop a consistent policy in regard to municipal agreements

• Result is the flow diagrams and associated sample correspondence disseminated under a future Strike-off Letter, or included as in-house direction

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Flow Charts

• Process Flow Charts for the Installation and Replacement of Storm Water Facilities

• Exhibits 8A (for Cities and Boroughs) and 8B (for Townships) to Chapter 8 of Pub. 23, Maintenance Manual

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Collateral Impacts

• For flow charts-Pub. 584, Drainage Manual – the following direction will be included in a future revision

Application of the PoliciesNew Housing DevelopmentLyters Ln, Lower Paxton Twp., Dauphin County

Curbing from development wrapped along state highway

Stream/ wetlands/ natural swale

Entrance to early 90’s housing development

Enclosed storm water facility due to curbing

Application of the PoliciesNew Housing DevelopmentConway Road, Lower Paxton Twp., Dauphin County

No curbing along highway

Grassy Swales

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Attendance Tracking & Certificates

• PennDOT Attendees:– Complete the Highway Administration Sign-in

Sheet and send to District Training Coordinator– Certificates are mailed by Central Office within a

few weeks to those who are listed on Sign-In Sheet

– PennDOT Training Record is updated by Central Office

Attendance Tracking & Certificates

• Business Partners:– By May 4, send email to:

RA-PDHighAdminTrain@pa.gov – Subject line: May 1 Storm Water Webinar

Attendance– Include:• First and last name (as you want to appear on certificate)• Company name• Complete mailing address (street, city, state and zip code)

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InternalStorm Water Training file location:

P:\penndot shared\Bureau of Maintenance and Operations\Maintenance Division\Drainage

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Contact Info

For clarifications and follow-up questions:Daryl St. Clair, BOMO

(717) 214-1883dstclair@pa.gov