Stormwater permitting requirements for small municipal separate storm sewer systems

2015 Environmental Trade Fair

Stormwater: MS4

Polly Porter Compliance Assistance Specialist

Waco – Region 9

254-761-3039polly.porter@tceq.texas.gov

SBLGA STAFF

Technical Assistance

• Free and Confidential.• Multi-media. • Compliance Hotline.• One-on-one help from regional staff. • Special programs (if eligible).

• EnviroMentor (EM).

• Site Visit / Compliance Commitment (C2).

Who does SBLGA help?

Airports. Auto Body / Repair. Building Contractors. Car Washes. Compost Operations. Concrete Batch Plants. Drinking Water Plants. Dry Cleaners. Foundries. Local Governments.

Marinas. Metal Finishers/Fabricators. PST Facilities (fuel) . Print Shops. Manufacturing Facilities. Reinforced Plastics. Surface Coaters. Trade Associations. Transportation/Distribution. Wastewater Plants. Wood Products.

Compliance resources can be searched by industry, issue or special topics.

TexasEnviroHelp.org

What is stormwater? What is a discharge?

Stormwater is rainfall.

Run-off carries potential pollutantsas a discharge.

Rule ReferencesFederal.

Clean Water Act. 40 Code of Federal Regulations.

o Chapter 122.26.State.

Texas Water Code. o Chapter 26.121.

30 Texas Administrative Code. o Chapters 281, 305, 308.

EPA National Pollutant Discharge Elimination System

CGP(Construction)

MSGP(Industrial)

Phase I and II MS4s(Municipalities, et al)

TCEQTexas Pollutant Discharge Elimination System

Agency jurisdiction

TPDES

• Multi-Sector General Permit (MSGP).o TXR050000 (August 14, 2011-2016).

• Construction General Permit (CGP).o TXR150000 (March 5, 2013-2018).

• Municipal Separate Storm Sewer Systems (MS4s).o Phase I – large and medium cities.

• Individual / customized.o Phase II – small cities.

• General Permit TXR040000 (Dec. 13, 2013-2018).

What is a permit?● Effluent limitations and requirements for 5 years.● Authorizes discharges from specific activities and certain non-stormwater discharges.

It’s just dirt.

How does that hurt?

Litter and debris damage water quality

Preventing Pollution is everyone’s job

What is an MS4?

Publicly owned or operated drainage system designed to convey stormwater.

Not a wastewater collection or sewer. May include non-traditional entities such as military

bases, transportation systems, hospitals, universities, correctional facilities and a variety of districts.

Regulated Districts

Jurisdiction of the TCEQ:

GCD Groundwater Conservation District.ID Irrigation District.MMD Municipal Management District.MUD Municipal Utility District.RD Regional District.SCD Stormwater Control District.SUD Special Utility District.WCID Water Control & Improvement District.WID Water Improvement District.

Urbanized Area High density of residential population identified by

most recent U.S. Census (2010):o at least 1,000 people per square mile and.o at least 50,000 total population.

Conveyance located fully or partially within UA. Must regulate only that portion within UA. “Once in, always in.”

Urbanized Areas are regulated MS4s

Urbanized Clusters are not regulated

Most Recent Census - 2010Williamson County

MS4s must regulate only the portion inside the UAnot covered by another entity’s permit/SWMP.

Applications• Deadline was June 11, 2014.

• Full permit coverage:o Notice of Intent - form 20368.o $100 application fee.o Stormwater Management Program

• Waiver 1 Option – form 20369.

• Estimated totals received:o 507 NOIs.o 72 Waivers.

Authorization Process

• Submit NOI, SWMP and fee.

• Administrative review by the TCEQ.o Additional information from applicant.

• Technical Review of SWMP.o Additional information from applicant.

• Public Notice published in newspaper.o Public Meeting.

• Approved by the TCEQ.

Waiver Option

Waiver 1:• Serve population less than 1,000 within a UA. • No significant contribution to:

o pollutant loadings of and interconnected MS4.o pollutants identified as a cause of impairment

to receiving water body.• Change in those conditions requires NOI/SWMP.

Waiver 2:• Data and labor intensive.• More costly than permit.

Impaired Water Body

• 2012 Index of All Impaired Waters (cat. 4 & 5).• Identify pollutant of concern.• Determine if MS4 contributing POC.• SWMP must include:

o Focused BMPs for reducing POC.o Measurable goals for each BMP.o Bacteria - identify and focus on sources.o Assess progress.

• Include in Annual Report.

Water Body with TMDL

• Total Maximum Daily Load established.• Identify cause of impairment.• Determine if MS4 contributing POC.• SWMP must include:

o Targeted controls for reducing POC.o Measurable goals for each control.o Create benchmarks.o Bacteria - identify and focus on sources; refer to watershed’s Implementation Plan. o Assess progress – collect or use other’s data.

• Include in Annual Report.

Administrative Requirements Application for permit coverage. Stormwater Mgmt. Program approved by TCEQ.

o Establish measurable goals to MEP.o Maintain records evaluating efforts.o Implement SWMP by end of permit term.

Annual Report.o Submit within 90 days of end of each permit year.

Technical Requirements

Develop and implement comprehensive SWMP to:

Reduce pollution to maximum extent practicable. Meet water quality requirements of CWA and TWC. Required only inside of UA boundaries. Best Management Practices, ordinances, and other

mechanisms. Include six minimum control measures.

Signatory AuthorityNOI, NOC, SWMP, Annual Report - 30 TAC 305.44.

Corporation.o responsible corporate officer.

Government entities.o principle executive officer.

Ranking elected official.o mayor, commissioner, etc..

Delegation of Authority

Authorized person may delegate - 30 TAC 305.128.

Authority assigned for other responsibilities.

May specify individual OR position having. responsibility for the facility, department, project, activity or environmental matters.

Must be in writing – TCEQ form 20403.

SWMPIncludes a map and six Minimum Control Measures:

1. Public Education, Outreach and Involvement.2. Illicit Discharge Detection and Elimination.3. Construction Site Runoff Control.4. Post-Construction Mgmt. in New & Redevelopment.5. Pollution Prevention and Good Housekeeping for

Municipal Operations.6. Industrial Sources.7. Optional – Construction by MS4.

Implementation Options

Share program elements w/others:o Phase I or II existing programs. o Phase II developing programs.

Each MS4 responsible for:o Applying for permit coverage.o Compliance with SWMP.

Tiered Approach

Part II, Section B. 5. (p.12)

Requirements based on UA population served:o Level 1: < 10,000.o Level 2: 10,000 – 40,000 & non-traditional.o Level 3: 40,000 – 100,000.o Level 4: > 100,000. Level does not change during permit term.

For each MCM

Establish measurable goals. Evaluate / assess efforts to meet goals. Meet MEP standard for each goal. Maintain records evaluating efforts. Report progress annually. Full implementation by end of permit term.

Allowable Non-SW Discharges

Part II, Section C (p. 14)

Address in relevant MCMs of the SWMPDischarges listed in 40 CFR 122.26(d)(2)(iv)(B)(1)Specific potable or uncontaminated sources:

o water line flushing (except hyperchlorinated)o swimming pool discharges (if dechlorinated)o runoff from landscape irrigationo incidental spray park watero street wash watero residential vehicle washingo A/C condensate

Assessment

Monitor WQ to assess pollutant reductions. Evaluate social indicators / behavior change. Document progress toward goals.

o Provide feedback to program management.o Ensure efficient use of resources.o Meet regulatory requirements.

Monitor Water Quality

Most direct approach. Verifiable results. May focus on:

o Biological – E. coli, fish, algae. o Physical – flow, turbidity, erosion.o Chemical – levels of metals, chemicals,

hydrocarbons, bacteria, phosphorus and other nutrients

Public Service Drain Awareness

Social Indicators Gauge public education efforts:

o Use surveys or questionnaires.o Take attendance at events or meetings.

Behavior changes:o Observation.o Participation. o Increase or decrease in complaints.

Annual Report

Status of compliance with permit conditions. Progress towards reducing pollutants. Summary of information and monitoring data. Evaluation of the BMPs. Assessment of efforts toward goals. Statement of activities planned.

Due Dates Within 90 days from end of permit year. Depends on 12 month period selected:

o Permit issuance: December 13 – December 12.o Calendar: January 1 – December 31.o Fiscal: August 1 – July 31, etc.

Reporting period/date must be consistent. .

› Existing MS4’s - 1st report includes all months since end of last reporting period.

› New MS4’s 1st report includes all months since permit effective date.

If Something Changes Depends on the nature of the change. Requires Notice of Change and revised SWMP if:

o Substantive change such as replacing a structural BMP with a non-structural BMP such as street sweeping instead of inlet protection.

Does not require NOC/revised SWMP if: o MS4 expands or grows, include in SWMP and report. o Replacing substantially similar BMPs.o Reorganization or personnel changes.o Corrections or clarifications.

TCEQ Investigations

Basic review becomes more comprehensive w/time. Recordkeeping and Reporting.

o Notice of Intent/SWMP.o Annual Reports.o Supporting data.o Noncompliance Notification – 30 TAC 305.125(9).

Submitted timely. Met signatory requirements. Included required elements. Used SWMP as reference. Revised as needed w/Notice of Change and new

review of SWMP.

How to be in compliance…

Know the applicable sections of the permit. Communicate throughout organization. Use available resources and partners. Implement and maintain appropriate controls. Request to change SWMP when necessary. Contact the TCEQ for guidance if needed.

Read thepermit…

and the SWMP!

TCEQ Resources

Assistance Tools for Stormwater Permitting.o Industrial. o Construction.o Small MS4s.

• Model Ordinance Guide.• Annual Report - form 20561.• Surface Water Maps.• Water Quality Data.

319 Non-point Source Grant.o Focused on Watershed Protection Plans rather

than MS4 boundaries.

Texas Water Development Board

Clean Water State Revolving Fund.o Public entities - cities, counties, districts.o Eligible projects include:

• Stormwater pollution control.• Wastewater recycling, reuse, treatment.• Non-point source pollution control.

o Low interest rate loans and loan forgiveness.o Projects added throughout the year. Contact: o Mark.Evans@TWDB.Texas.gov.o 512-463-8510.

Environmental Protection Agency

Urbanized Area Maps. Training and Webcasts. Fact Sheets and Guidance:

o MS4 Measurable Goals Guide.o MS4 Program Evaluation Guide.o Model SWMP.o Green Infrastructure / Green Streets.o Smart Growth.o BMPs for Industry.o Low Impact Development.

Other Resources

Texas Watershed Steward. Texas Coastal Watershed Program. Center for Watershed Protection. Water Environment Association of Texas. Councils of Government. Texas Municipal League. Other MS4s.

Stormwater Permitting Program

Permit and Technical Questions.● 512-239-4671.

● swgp@tceq.texas.gov.

● Stormwater Permitting, MC-148. Texas Commission on Environmental Quality. P. O. Box 13087. Austin TX  78711-3087.

1-800-447-2827.

www.TexasEnviroHelp.org.

sbap@tceq.state.tx.us.

TCEQ Regional Offices.

Small Business & Local Government Assistance

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