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General Permits Branch

This report provides information on the Storm Water Phase II Program, including its permitting requirements for industrial activities and municipalities, as well as the designation criteria for regulated small MS4s. It also explains the background and implementation of the program, as well as the automatic and potentially designated municipalities.

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General Permits Branch

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  1. General Permits Branch Jim Morris 961-5151 Jim_Morris@deq.state.ms.us Kenneth LaFleur 961-5192 Kenneth_LaFleur@deq.state.ms.us Adam Smith 961-5029 Adam_Smith@deq.state.ms.us

  2. Storm Water Phase II Program

  3. 1988 REPORT TO CONGRESS “Storm Water Leading Cause of Water Quality Impairment in U.S.”

  4. ON NOVEMBER 16, 1990, EPA PROMULGATED STORM WATER REGULATIONS

  5. Phase I Program • Permit Applications required for storm water discharges from: • 11 categories of industrial activity, including • Construction activities disturbing by clearing, grading, or excavating 5 or more acres • Cities with populations > 100,000

  6. THE 11 CATEGORIES OF INDUSTRIAL ACTIVITIES NEEDING NPDES STORM WATER PERMITTING 1/ Facilities subject to National effluent limitations guidelines for storm water (these are listed in Chapter Two, Part VI.E.2 of our Wastewater Regulations) 2/ Certain manufacturing activities listed by their Standard Industrial Classification (SIC) code 3/ Mining and oil & gas operations that have contaminated storm water discharges

  7. 4/ Hazardous waste treatment, storage, or disposal facilities 5/ Landfills, land application sites, and open dumps that receive industrial waste 6/ Recycling facilities including metal scrap yards, battery reclaimers, salvage yards, and automobile yards 7/ Steam electric power generating facilities (including coal handling sites)

  8. 8/ Transportation facilities which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations 9/ Sewage treatment plants with a design flow of 1.0 mgd 10/ Construction activity disturbing 5 or more acres

  9. 11/ Other specific facilities listed by SIC code where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products or industrial machinery are exposed to storm water.

  10. Non point-source agriculture and silvicultural activities are specifically excluded from NPDES storm water permitting requirements

  11. State and Federal Agencies are responsible for obtaining storm water permits for the activities listed in 40 CFR 122.26 b (14) that they own or operate.

  12. Municipalities with populations of 100,000 or more are required to obtain a NPDES Storm Water Permit

  13. Applying for Coverage Under an NPDES General Storm Water Permit Requires: • A completed and signed Notice of Intent (NOI) form. • A Storm Water Pollution Prevention Plan (SWPPP) as described in the General Permit. • A USGS Quad Map, or photocopy, with the facility location highlighted.

  14. Once the NOI & SWPPP are deemed complete, coverage is issued. A cover letter, Certificate of Coverage and copy of the existing General Permit are sent to the applicant.

  15. Storm Water Phase II ProgramProposed Rule Background • EPA Phase II Regulations implemented December 8, 1999 [FR Volume 64, Number 235, Page 68722] • Sources to be covered: • No new industrial/commercial sources • Construction sites => 1 acre • Designated municipalities < 100,000

  16. Storm Water Phase II ProgramThe ISTEA Moratorium • ISTEA delayed permitting for industrial activities operated by cities and counties with populations less than 100,000. • The Phase II Final Rule set the deadline to obtain permit coverage to no later than March 10, 2003.

  17. Storm Water Phase II ProgramConstruction Extends Existing Phase I Regulations to apply to sites that result in the disturbance of 1 acre or more, but less than 5 acres (designated Nationwide)

  18. Storm Water Phase II ProgramRegulated Small MS4 Designation Automatic Nationwide Designation: All small MS4s Located Within “Urbanized Areas” (UAs)

  19. What is an MS4? A municipal separate storm sewer system (MS4) is a conveyance or system of conveyances… owned by a state, county, city, town, or other public entity that discharges to waters of the U.S. and is designated or used for collecting or conveying storm water.

  20. Storm Water Phase II Program”Urbanized Area” Definition A central place (or places) -- core -- and the adjacent densely settled surrounding area --fringe -- that together have a minimum population of 50,000 and a minimum average density of 1,000/square mile.

  21. Storm Water Phase II ProgramAutomatically Designated Municipalities

  22. Storm Water Phase II ProgramRegulated Small MS4 Designation • Designation criteria MUST be developed and applied to small MS4s outside UAs serving a population > 10,000 and a population density > 1,000 sq.mi.

  23. Storm Water Phase II ProgramPotentially Designated Municipalities

  24. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements • Required to develop, implement and enforce a program to reduce the discharge of pollutants and protect water quality • Program MUST include six minimum control measures • MUST submit an NOI or permit application and identify for each minimum control measure • Best Management Practices • Measurable Goals, Evaluation/Assessment Efforts • Timeframe for Implementation (start/complete) • Responsible Persons • MUST evaluate program and submit annual reports to MDEQ

  25. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements • Minimum Control Measures: • Public Education and Outreach • Public Involvement/Participation • Illicit Discharge Detection and Elimination • Construction Site Storm Water Runoff Control • Post-construction Storm Water Management in New Development and Redevelopment • Pollution Prevention/Good Housekeeping for Municipal Operations

  26. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements Public Education and Outreach: • MUST implement a public education program, including distributing materials that describe the impacts of storm water and actions to reduce pollution.

  27. Public Education and Outreach Recommended: • May use materials provided by others • Inform public on how to get involved in storm water program activities • Tailor program to target specific groups of entities, particularly those likely to have significant storm water impacts • Address the viewpoints and concerns of minority and disadvantaged communities

  28. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements Public Involvement/Participation: • MUST comply with state/local public notice requirements (adoption of plans, policies, ordinances, etc.) • Recommend: Provide opportunities for the public to participate such as: -Local storm water management panel -Volunteer monitoring

  29. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements Illicit discharge detection and elimination: • Develop a storm sewer map of outfalls and the names of all receiving streams • MUST effectively prohibit illicit discharges into the MS4 system through use of • an ordinance, order or similar means • enforcement procedures and actions • MUST implement a plan to detect and address illicit discharges and illegal dumping • MUST inform public of hazards associated with illegal discharges and improper disposal

  30. Illicit Discharge Detection and Elimination Recommended: • A plan with procedures for: -Locating priority problem areas -Tracing the sources of an illicit discharge -Removing the source -Program evaluation & assessment • Promotion of public reporting of discharges • Distribution of outreach materials • Storm drain stenciling

  31. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements Construction site runoff control: • MUST develop, implement and enforce a program to reduce storm water pollution from all construction activities > 1 acre and < 5 acres - use an ordinance to control erosion and sedimentation and other waste at the site • Program MUST include: • requirement for site owners/operators to implement appropriate BMPs • Pre-construction review of site plans • Procedures to receive/consider public input • Regular inspections during construction • Penalties to ensure compliance

  32. Construction Site Storm Water Runoff Control Recommended: • Procedures for site plan review should include review of individual pre-construction site plans. • Procedures for site inspections and enforcement could include steps to identify priority sites based on the nature of the site, topography, soil characteristics, and receiving water quality. • Provide appropriate educational training measures for construction site operators.

  33. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements Post construction storm water management in new development and redevelopment: • MUST develop, implement, and enforce a program to address storm water runoff from new development and redevelopment that disturb one acre or greater • Program MUST: • Include a plan to implement site-appropriate, cost-effective structural and non-structural BMPs • Ensure long term operation & maintenance of BMPs • Ensure controls in place that would prevent or minimize water quality impacts

  34. Post-construction Storm Water Management in New Development and Redevelopment Recommended: • The BMPs chosen should: • be appropriate for the local community • minimize water quality impacts • attempt to maintain pre-development runoff conditions • Participate in watershed planning efforts • Assess existing ordinances, policies, and programs that address storm water quality • Provide opportunities for public participation

  35. Storm Water Phase II ProgramRegulated Small MS4 Permit Requirements Pollution Prevention/Good Housekeeping: • MUST develop and implement a cost-effective operation and maintenance program with the goal of preventing or reducing pollutant runoff from municipal operations • Park and open space maintenance • Street, parking lot, and fleet maintenance • Building maintenance • Storm water system maintenance • Program MUST include local government employee training.

  36. Pollution Prevention/Good Housekeeping for Municipal Operations Recommended: • Maintenance activities and schedules, and long-term inspection procedures • Controls on the discharge of pollutants from streets, salt/sand storage areas, waste transfer stations, etc. • Procedures for disposing of waste from the MS4 • Ways to ensure new flood management projects assess impacts on water quality

  37. Storm Water Phase II ProgramTimeframes for Implementation • EPA to issue draft model General Permit: October 2000 • EPA to issue BMP menu: October 2000 • EPA to issue guidance on measurable goals: October 2001 • MDEQ to determine designation of small MS4s: December 9, 2002 • MDEQ to issue General Permit: December 9, 2002 • Regulated MS4 Application (NOI) Due: March 10, 2003 • Construction Program: March 10, 2003

  38. QUESTIONS?

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