MS4 Permitting ProcessMS4 Permitting Process

William CrealWilliam Creal

Water BureauWater Bureau

Permits Section ChiefPermits Section Chief

MS4 Permitting ProcessMS4 Permitting Process

Two permit optionsTwo permit options

Process to dateProcess to date

Process forwardProcess forward

Implementation committeeImplementation committee

Summary of Summary of Requirements of the Requirements of the

New PermitsNew Permits

Watershed PermitWatershed Permit– Public education and Post Public education and Post

construction = watershed construction = watershed boundaryboundary

– Remaining requirements = Remaining requirements = MS4 owned/operated within MS4 owned/operated within watershedwatershed

Coverage AreaCoverage Area

Jurisdictional PermitJurisdictional Permit– MS4 owned/operated within urbanized areaMS4 owned/operated within urbanized area

Coverage AreaCoverage Area

Discharge point information on applicationDischarge point information on application– Discharge point = discharges to surface waters of Discharge point = discharges to surface waters of

state and to other MS4sstate and to other MS4s

Categorical coverageCategorical coverage

Authorized DischargesAuthorized Discharges

Discharges after application, but not Discharges after application, but not categorical coveragecategorical coverageLess than 1,500 this permit cycleLess than 1,500 this permit cycleMore than 1,500 next permit cycleMore than 1,500 next permit cycle

Discharge Point LocationDischarge Point Location

Constructed/installed Constructed/installed after submittalafter submittalJP = lat/long also for JP = lat/long also for discharges after discharges after application and application and labeling for new labeling for new constructed/installedconstructed/installed

Discharge Point LocationDischarge Point Location

WP = submit revised planWP = submit revised plan

JP = public notice, citizen advisory committee, JP = public notice, citizen advisory committee, watershed organizationswatershed organizations

Public ParticipationPublic Participation

Update needed unless demonstrateUpdate needed unless demonstrate– Evaluating effectivenessEvaluating effectiveness– Triggers for revision Triggers for revision

Watershed Management PlanWatershed Management Plan

SWPPI regulatory documentSWPPI regulatory document

Approved upon submittal if it meets GP Approved upon submittal if it meets GP requirementsrequirements

MDEQ reopener if SWPPI is deficientMDEQ reopener if SWPPI is deficient– Revise SWPPI within 90 days unless negotiate Revise SWPPI within 90 days unless negotiate

timeline ORtimeline OR– COC ModificationCOC Modification

Implement upon submittalImplement upon submittal

Approval/ReopenerApproval/Reopener

Allowed for many SWPPI requirementsAllowed for many SWPPI requirements

Needs MDEQ approvalNeeds MDEQ approval

Innovative watershed alternatives are Innovative watershed alternatives are encouragedencouraged

Work with WB staff prior to SWPPI submittal Work with WB staff prior to SWPPI submittal

Alternative ApproachesAlternative Approaches

Watershed or regional PEP (WP Watershed or regional PEP (WP only)only)

Watershed effectiveness (WP only)Watershed effectiveness (WP only)

Topics similar to last permit Topics similar to last permit – added septic system, native added septic system, native

landscapinglandscaping

JP = Additional topics JP = Additional topics – P-free fertilizer & P-free fertilizer &

restaurant educationrestaurant education

Public EducationPublic Education

Stormwater related, Stormwater related, approved TMDLsapproved TMDLs

Actions to make Actions to make progress in meeting progress in meeting water quality standardswater quality standards

Total Maximum Daily Loads Total Maximum Daily Loads (TMDL)(TMDL)

E.Coli/Total E.Coli/Total Phosphorus Phosphorus monitoring:monitoring:– Outfall monitoring at Outfall monitoring at

50% major discharge 50% major discharge pointspoints

– Elective monitoring Elective monitoring option (WP only)option (WP only)

Total Maximum Daily Loads Total Maximum Daily Loads (TMDL)(TMDL)

Regulatory mechanism prohibiting Regulatory mechanism prohibiting illicit discharges to MS4illicit discharges to MS4Staff trainingStaff training

Illicit Discharge EliminationIllicit Discharge Elimination

Program to eliminate discharges:Program to eliminate discharges:– Storm sewer mapStorm sewer map

Illicit Discharge EliminationIllicit Discharge Elimination

– Dry weather screening at discharge pointDry weather screening at discharge point– OR collaborative approach at waters of OR collaborative approach at waters of the state (WP only)the state (WP only)

Regulatory mechanism Regulatory mechanism – New development and New development and

redevelopment >1 acre.redevelopment >1 acre.

Requirements include: Requirements include: – Water quality criteria, channel Water quality criteria, channel

protection criteria, O & M, protection criteria, O & M, enforcement mechanisms.enforcement mechanisms.

Post Construction Runoff ControlPost Construction Runoff Control

Standards met by:Standards met by:– Incorporate standards given in permitIncorporate standards given in permit– Grandfather existing mechanism includes Grandfather existing mechanism includes

WQ & channel criteriaWQ & channel criteria– Procedures in placeProcedures in place– Submit an alternative approach or outcome Submit an alternative approach or outcome

based approach based approach

Standards slightly different between permitsStandards slightly different between permits

Post Construction Runoff ControlPost Construction Runoff Control

Part 91 and Part 91 and Permit by RulePermit by RuleProcedures to:Procedures to:– Notify agencies of sediment Notify agencies of sediment

& other wastes& other wastes– Ensure for erosion controls Ensure for erosion controls

in preliminary site plansin preliminary site plans– Receipt and considerations Receipt and considerations

of complaintsof complaints

Construction Stormwater Runoff Construction Stormwater Runoff ControlControl

Employee / contractor trainingEmployee / contractor training

Structural stormwater control effectivenessStructural stormwater control effectiveness

Roads, parking lots & bridgesRoads, parking lots & bridges

Fleet maintenance & storage yardsFleet maintenance & storage yards

Managing vegetated propertyManaging vegetated property

Pollution Prevention/ Good Pollution Prevention/ Good HousekeepingHousekeeping

Existing employees: 1 Existing employees: 1 session permit cyclesession permit cycle

New employees: 1 session New employees: 1 session first year of employmentfirst year of employment

Contractors: trained before Contractors: trained before work performed/can work performed/can include in bid include in bid specificationsspecifications

Employee/Contractor TrainingEmployee/Contractor Training

Inspect structural controls owned/operatedInspect structural controls owned/operated– Swales, infiltration, detention basins, catch Swales, infiltration, detention basins, catch

basinsbasins

Structural Stormwater Structural Stormwater Control EffectivenessControl Effectiveness

Structural Stormwater Structural Stormwater Control EffectivenessControl Effectiveness

• Inspect structural controls owned/operatedInspect structural controls owned/operated– Swales, infiltration, detention basins, catch Swales, infiltration, detention basins, catch

basinsbasins

• Summary list of municipal properties and Summary list of municipal properties and structural controlsstructural controls– Location information by first progress reportLocation information by first progress report

– Information retained by permitteeInformation retained by permittee

O & M waste O & M waste disposed of disposed of according to state according to state lawlaw

New controls meet New controls meet post construction post construction standardsstandards

Structural Stormwater Control Structural Stormwater Control EffectivenessEffectiveness

Reduce TSS to MEPReduce TSS to MEP– First p-report current control level First p-report current control level

& estimate load reduction& estimate load reduction– Second p-report evaluate Second p-report evaluate

effectiveness effectiveness & identify methods to improve& identify methods to improve

– JP has a 25% reduction goal. JP has a 25% reduction goal. Progress report develop methods Progress report develop methods to attain 25% reduction goalto attain 25% reduction goal

Roadways, Parking Lots and Roadways, Parking Lots and BridgesBridges

Good housekeeping practices salt and sand Good housekeeping practices salt and sand storage; gravel parking lots/roadsstorage; gravel parking lots/roadsBans use of coal tar emulsions to seal Bans use of coal tar emulsions to seal asphalt (Austin, TX 2006)asphalt (Austin, TX 2006)

Roadways, Parking Lots and Roadways, Parking Lots and BridgesBridges

Stormwater Pollution Stormwater Pollution Prevention Plan (SWPPP) Prevention Plan (SWPPP) at each facility.at each facility.– Certified stormwater Certified stormwater

operatoroperator

Or integrate into SWPPI Or integrate into SWPPI and overseen by and overseen by stormwater program stormwater program manager (WP only)manager (WP only)

Fleet Maintenance/Storage Yards Fleet Maintenance/Storage Yards

Elements include: site Elements include: site map, list of significant map, list of significant materials, schedules, materials, schedules, description of good description of good housekeeping housekeeping practices, etc.practices, etc.

Fleet Maintenance/ Storage Yards Fleet Maintenance/ Storage Yards

Process to train Process to train employees/contractorsemployees/contractors

P-free fertilizerP-free fertilizer

Program to minimize Program to minimize stormwater impacts stormwater impacts from managed from managed vegetated propertiesvegetated properties

Managing Vegetated PropertyManaging Vegetated Property

Coverage AreaCoverage Area– WP = watershed areaWP = watershed area– JP = MS4 areaJP = MS4 area

Discharge LocationDischarge Location– JP = labeling, lat/long of existingJP = labeling, lat/long of existing

Public ParticipationPublic Participation– WP = update planWP = update plan– JP = participate on citizen groupsJP = participate on citizen groups

Watershed PlanWatershed Plan– WP = may need updatingWP = may need updating– JP = goals/objectives, stresses, wq statusJP = goals/objectives, stresses, wq status

Jurisdictional vs. WatershedJurisdictional vs. Watershed

More flexibilityMore flexibility– WP = alternative approaches allowedWP = alternative approaches allowed– JP = no flexibilityJP = no flexibility

TMDLTMDL– WP = Elective option for E.Coli/TP TMDLWP = Elective option for E.Coli/TP TMDL– JP = Requires outfall monitoringJP = Requires outfall monitoring

PEPPEP– WP = watershed/regional PEPs and WP = watershed/regional PEPs and

evaluationevaluation

Jurisdictional vs. WatershedJurisdictional vs. Watershed

IDEPIDEP– WP = dry weather screening option at outfalls to WP = dry weather screening option at outfalls to

waters of the statewaters of the state– JP = dry weather screening at all discharge pointsJP = dry weather screening at all discharge points

RoadwaysRoadways– JP = 25% reduction goal and progress reportingJP = 25% reduction goal and progress reporting

Fleet maintenanceFleet maintenance– WP = Incorporate into SWPPI; stormwater managerWP = Incorporate into SWPPI; stormwater manager– JP = SWPPP and certified stormwater operatorJP = SWPPP and certified stormwater operator

Jurisdictional vs. WatershedJurisdictional vs. Watershed

What’s the relative emphasis on What’s the relative emphasis on outcome: water quality vs. institutional outcome: water quality vs. institutional simplicity?simplicity?Are you a township, city, school, Are you a township, city, school, county?county?Do you have an approved TMDL?Do you have an approved TMDL?Do you have a number of maintenance/ Do you have a number of maintenance/ storage yards?storage yards?

Jurisdictional vs. WatershedJurisdictional vs. WatershedFood for ThoughtFood for Thought

What is your current permit?What is your current permit?Do you have numerous discharge Do you have numerous discharge points vs. outfalls to the waters of the points vs. outfalls to the waters of the state?state?Are you interested in an alternative Are you interested in an alternative approach?approach?Working collaborative on public Working collaborative on public education?education?

Jurisdictional vs. WatershedJurisdictional vs. WatershedFood for ThoughtFood for Thought

Submit an alternative approach on any Submit an alternative approach on any of the itemsof the itemsOne PEPOne PEPWatershed evaluationWatershed evaluationElective monitoring option for TMDLElective monitoring option for TMDLElective IDEP optionElective IDEP optionMunicipal education topicsMunicipal education topicsPost construction runoff controlPost construction runoff control

Watershed Group DecisionsWatershed Group Decisions

QuestionsQuestions

Contact Mark Fife at 517-241-8993 or Contact Mark Fife at 517-241-8993 or fifem@michigan.govfifem@michigan.gov for permit or application for permit or application questions.questions.Contact the appropriate district staff for Contact the appropriate district staff for program implementation/compliance program implementation/compliance questions.questions.For additional information go to For additional information go to http://www.michigan.gov/deqhttp://www.michigan.gov/deq and click on and click on water, then surface water, then storm water, water, then surface water, then storm water, then Municipal Program/ MS4 Permit then Municipal Program/ MS4 Permit Guidance Guidance