NPDES MS4 GET READY FOR THE NEXT

ROUND

Presented by: Thomas P. Wilson, PE, CFM

AGENDA

1. Background / Why This Is Important2. Six Minimum Control Measures (MCM’s)3. New Permit Conditions:

a) Chesapeake Bay Pollutant Reduction Plans

b) Total Maximum Daily Load (TMDL) Plans

c) Impaired Waters4. Barry Newman’s Top Ten FAQ’s

BACKGROUND

• The 1987 amendments to the Clean Water Act mandated EPA to develop a tiered implementation strategy for the NPDES Storm Water Program.

• Phase I of the program was implemented in 1990 and it regulated Medium and Large Municipal Separate Storm Sewer Systems (MS4s).

• Medium MS4: An incorporated place with a population between 100,000 and 250,000. (Allentown and Erie)

• Large MS4: An incorporated place with a population greater than 250,000. (Philadelphia and Pittsburgh)

• Phase II was published as a final rule in December 1999, and it expanded permit requirements to small MS4s in Urbanized Areas (UAs).

• This rule required states to have MS4 permits in place by March 10, 2003. PA issued its Small MS4 General Permit (PAG-13) on March 8, 2003, and it expired at midnight on March 9, 2008.

• The permit was extended 6 times until it was announced in the September 17, 2011 PA Bulletin that a revised PAG-13 was issued. [41 Pa.B. 5042]

BACKGROUND

WHAT’S NEXT?

• Municipalities must submit a Notice Of Intent (NOI) by September 14, 2012.

• The new permit effective date is March 16, 2013.

WHAT MUST BE DONE?• Six Minimum Control Measures:

1. Public Education & Outreach2. Public Involvement/Participation3. Illicit Discharge Detection and Elimination (IDDE)4. Construction Site Storm Water Runoff Control5. Post-Construction Storm Water Management in

New and Re-Development Activities

6. Pollution Prevention and Good Housekeeping for Municipal Operations

• New Requirements

MCM #1 Public Education & Outreach

1. Develop and Maintain a Public Education and Outreach Program (PEOP).

2. Maintain a list of target audiences like schools, residents, businesses, employers, etc.

3. Publish at least one educational flyer, newsletter, pamphlet, etc. annually.

4. Distribute Storm Water Management educational materials to target audiences using a variety of methods.

MCM #1 Public Education & Outreach

Examples of outreach materials:

Images from the US EPA

MCM #2 Public Involvement/Participation

1. Develop a written Public Involvement and Participation Plan. (PIPP)

2. Provide adequate public notice and opportunities for input prior to ordinance adoption.

3. Regularly solicit public involvement from target audiences.a) Conduct at least one public meeting per

year.b) Document and report activities of public

participation.

MCM #2 Public Involvement/Participation

Images from the US EPA

1. Develop and Implement a written program:a) Must include dry weather field screening of

outfalls.2. Develop and maintain a map, including all

outfalls and surface waters:a) Show entire storm sewer system, including

roads, inlets, piping, swales, watershed boundaries, etc.

MCM #3 Illicit Discharge Detection and Elimination (IDDE)

Wash water from a commercial car wash discharging

down a storm drain is an

example of an illicit discharge.

Image from the US EPA

3. Prioritize, conduct, and record outfall screening.a) Must screen outfalls annually.b) If dry weather flow found:

i. Check color, turbidity, solids, odor, and adverse impacts in proximity; if positive collect samples.

4. Enact a SWM ordinance from Act 167 (2005 or later), DEP’s model ordinance, or one that satisfies all EPA requirements.

MCM #3 Illicit Discharge Detection and Elimination (IDDE)

5. Annually provide educational outreach to stakeholders.

6. Setup a Storm Water reporting mechanism. (phone and/or internet)

7. Respond to and document complaints.

MCM #3 Illicit Discharge Detection and Elimination (IDDE)

Image from the US EPA

1. Develop and implement a program for permitting, inspecting, and enforcing the installation of E&S controls.

MCM #4 Construction Site Storm Water

Runoff Control

Poorly maintained BMPs can result in

significant quantities of

sediment being discharged to storm drains.

Image from the US EPA

2. Enact, implement, and enforce an ordinance for the installation of E&S controls.

3. Develop and implement requirements for controlling waste at construction sites.

4. Develop and implement procedures for receipt of public inquiries.

MCM #4 Construction Site Storm Water

Runoff Control

1. Develop a written procedure for implementation.a) Refer to PA Storm Water BMP Manual for

guidance.2. Require the implementation of BMPs designed

to meet pre-development conditions.

MCM #5 Post-Construction SWM in New and Re-Development Activities

3. Ensure controls are installed to minimize water quality impacts.

4. Enact, implement, and enforce an ordinance.

MCM #5 Post-Construction SWM in New and Re-Development Activities

Image from the US EPA

5. Develop and implement measures to encourage LID in new and redevelopment.

6. Ensure adequate O&M of all PCSM BMPs.

MCM #5 Post-Construction SWM in New and Re-Development Activities

Image from the US EPA

1. Identify and document all activities and facilities with potential impact.

2. Develop, implement, and maintain an O&M program for facilities.

MCM #6 Pollution Prevention and Good Housekeeping for

Municipal Operations

Image from the US EPA

3. Develop and implement an employee training program.

MCM #6 Pollution Prevention and Good Housekeeping for

Municipal Operations

Image from the US EPA

1. Chesapeake Bay Pollutant Reduction Plan

2. Total Maximum Daily Load (TMDL) Plans3. Impaired Water Requirements

New Permit Conditions

1. Chesapeake Bay Pollutant Reduction Plana. Due within 12 months of approval of

coverage.b. A plan, including schedule, to implement

BMPs to reduce N, P, and sediment.c. Certification by a Professional Engineer

(P.E.)

New Permit Conditions

2. Total Maximum Daily Load (TMDL) Plana. If the MS4 discharges to water with an approved

waste load allocation (WLA) in a TMDL, the applicant must implement an MS4 TMDL Plan.

b. This plan must be designed to achieve pollutant reduction in the TMDL and include:i. TMDL Strategy: Narrative of Pollution Control

Measures (PCMs) and BMPs that will be implemented, analyzed, and reported on to show measurable progress.

ii. TMDL Design Details.iii. Strategy must be submitted with the NOI and

approved by DEP.

iv. Certification by a Professional Engineer (P.E.)

New Permit Conditions

3. Impaired Waters

a. If discharge is to an Impaired Water, but not an approved TMDL, permitees must ensure “New Discharges” do not contribute to exceeding water quality standards.

New Permit Conditions

To learn more about the MS4 process

and how K&W can help your municipality, please contact us:

(717) 635-2835

www.kandwengineers.com

LinkedIn: K&W Engineers and ConsultantsTwitter: @KWengineers