Workshop on the draft General Permit for

Discharges of Storm Water from Small MS4s

Fresno

August 6, 2002

Redding

August 8, 2002

San Luis Obispo

August 13, 2002

Rancho Cucamonga

August 21, 2002

Clean Water Act

The 1987 amendments defined urban storm water runoff as a point source discharge of pollutants to surface waters which is subject to NPDES permits

EPA Regulations - Phase I

• EPA implemented Phase I of the storm water program in 1990

• Discharges from certain industries, including construction activities that disturb 5 or more acres

• Discharges from medium (>100,000, <250,000 people) and large municipalities (>250,000 people)

EPA Regulations - Phase II

• Regulations promulgated in 1999

• Discharges from small construction sites (>1 acre)

• Discharges from regulated Small municipal separate storm sewer systems (Small MS4s)

Regulated Small MS4

Small MS4s designated in one of two ways:

• Automatically because it is operated within an Urbanized Area (as defined by the census)

• Designated by the Permitting Authority (the State and Regional Boards)

Urbanized Areas

Maps defining urbanized areas

Designation by the State

• High population density

Designation by the State

• High population density

• High growth or growth potential

Designation by the State

• High population density

• High growth or growth potential

• Significant contributor of pollutants to interconnected permitted MS4s

Designation by the State

• High population density

• High growth or growth potential

• Significant contributor of pollutants to interconnected permitted MS4s

• Discharge to sensitive water bodies

Designation by the State

• High population density

• High growth or growth potential

• Significant contributor of pollutants to interconnected permitted MS4s

• Discharge to sensitive water bodies

• Significant contributor of pollutants to waters of the U.S.

Governmental Facilities

Governmental entities located within a regulated Small MS4 and:•Serves (employee or guest) a daily and/or

residential population of ten persons or more,•Is the site of outdoor municipal activity, and•Is comprised of multiple structures.

Governmental Facilities

Governmental entities located within a regulated Small MS4 and:•Serves (employee or guest) a daily and/or residential population of ten persons or more,

•Is the site of outdoor municipal activity, and•Is comprised of multiple structures.•Or the facility has a significant potential to cause or contribute to degradation of water quality

Designation

If you have been included on our draft lists but don’t believe you should be, submit to the appropriate RWQCB justification supporting your position

Permit Requirements

• Develop, implement, and maintain a Storm Water Management Program (SWMP) that reduces pollutants in storm water to the Maximum Extent Practicable

Permit Requirements

• Develop, implement, and maintain a Storm Water Management Program (SWMP) that reduces pollutants in storm water to the Maximum Extent Practicable

• Evaluate the SWMP

Permit Requirements

• Develop, implement, and maintain a Storm Water Management Program (SWMP) that reduces pollutants in storm water to the Maximum Extent Practicable

• Evaluate the SWMP

• Submit annual reports

SWMP

• Describes Best Management Practices (BMPs) that address 6 Minimum Control Measures

SWMP

• Describes Best Management Practices (BMPs) that address 6 Minimum Control Measures

• Proposes measurable goals associated with the BMPs

SWMP

• Describes Best Management Practices (BMPs) that address 6 Minimum Control Measures

• Proposes measurable goals associated with the BMPs

• Outlines a time line of implementation

Minimum Control Measures

•Public Education and Outreach

Minimum Control Measures

•Public Education and Outreach

•Public Involvement/Participation

Minimum Control Measures

•Public Education and Outreach

•Public Involvement/Participation

•Illicit Discharge Detection and Elimination

Minimum Control Measures

•Public Education and Outreach

•Public Involvement/Participation

•Illicit Discharge Detection and Elimination

•Construction Site Storm Water Runoff Control

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

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

•Pollution Prevention/Good Housekeeping for Municipal Operations

Sharing

• Co-permittees

• Separate Implementing Entity

• Sharing of ideas

Fees

• There will be an annual fee to maintain the permit

• The fee schedule is currently being revised

Resources - MURP

• A “how to guide” developed by two “Small cities”

• Describes a process that small communities can follow in developing their own program

• Provides examples of what other cities have done - including example checklists, ordinances, and storm water pollution prevention plans

Resources - EPA

• BMP toolbox www.epa.gov/npdes/menuofbmps/menu.htm

• Measurable goals discussion www.epa.gov/npdes/stormwater/measurablegoals/index.htm

Resources - Center for Watershed Protection

• www.stormwatercenter.net

• Manual builder for storm water treatment

• Slide shows to view or buy

• Model ordinances

• Evaluation tools

• Compilation of “Program Resources”

Resources - American Oceans Campaign

• www.americanoceans.org/runoff/epa.htm

• Provides a clearinghouse of educational materials divided into different messages and media

Resources - Earth911

• www.earth911.org/master.asp?s=lib&a=Water/StormWater/StormWater.inc

• Information

• Public outreach material

Funds

• Community’s General Fund

• State Revolving Fund

• Grants– Prop. 13 -One more round likely– Prop. 40 -Distribution on the horizon– Prop. 50 -On November ballot

Permit Adoption Process

• 4 workshops

• End of public comment period*

• Public hearing (TBA)

• Anticipate adoption of permit at the hearing

* The end of the public comment period will be announced at least 30 days prior to its close

Comments

Submit written comments to:

Small MS4 Permit Comments

State Water Resources Control BoardP.O. Box 1977

Sacramento, CA 95812-1977

Summary of Comments

• Funding! Funding! Funding!• Monitoring language needs clarification… guidance

becomes requirement resulting in the need for extensive water quality sampling

• The ESA provision may be used too broadly• The definition of Maximum Extent Practicable must be

consistent with EPA’s definition and with the definition in Water Quality Order 99-05

• Time allotted to prepare the annual report is not enough

Summary of Comments (cont.)

• The public process for developing and refining the SWMP does not fit state/federal facilities

• The requirement to certify continuous improvement of the SWMP is difficult to demonstrate, unnecessary given the definition of MEP in the permit, and may subject Permittees to 3rd party suites.

• Is the intent of Phase II to give municipalities some of the responsibility of implementing and enforcing the General Construction and Industrial permits?

Summary of Comments (cont.)

• Concern that Phase II will quickly move to Phase I standards

• How will TMDLs affect the storm water permit?

• Clarification of the relationship between the General Industrial permit and the MS4 permit is needed.

• The requirement to capture and treat or infiltrate 85% is too large.

What do you like, dislike, or not understand about the

draft permit?