NPDES Compliance with Phase II Storm Water Regulations

San Francisco Bay Regional Water Quality Control Board

Tobi Tyler, Water Resources Control Engineer, RWQCB

Objectives

When – by March 10, 2003

Why – why are we here What – Regulatory

History

How – Regulatory Requirements

Why are we here?

Clean Water.

Here is the definition of an essential term:

“Waters of the State”

According to the Porter-Cologne Water Quality Control Act, CCR Sec. 13050(e):

“Waters of the State” means any water, surface or underground, including saline waters, within

the boundaries of the United States.

This creek is a “Water of the State”

Even though there is no water

currently visible in this intermittent

seep/stream, it is a “Water of the

State”.

Here are some examples:• Estuary and delta

• Rivers

• Creeks (including intermittent)

• Wetlands (tidal, seasonal…)

• Ponds

• Grassy swales

•Storm drains

What is storm water pollution?Pollution with reference to the Water (Prevention and Control of Pollution) Act of 1974 means:

• alteration of the physical, chemical or biological properties of water

(that is directly or indirectly)

likely to create a nuisance or render such water harmful or injurious to:

• public health or safety,

• domestic, commercial, industrial, agricultural or their legitimate uses,• the life and health of animals or plants or of aquatic organisms.

• discharge of polluted runoff, sewage or trade effluent or of any other liquid, gaseous or solid substance into water

storm water pollution can be anything.

• Hazardous chemicalsacids, lime, glues,

adhesives, and curing compounds

• Detergents

• Petroleum productsfuel, oil, and grease• Fertilizers

• Asphalt compounds

• Pesticides and Herbicides

• Concrete compounds

• Paints and Solvents

• Plaster or related products

• Soil, Dirt and Sediment

And others...

A healthy stream

A stream choked by sedimentation and chemicals caused by erosion and toxic chemical releases from construction,

industrial, or urbanized areas

Geomorphological Effects of Urbanization

• Embeddedness • Stream widening and erosion• Reduced fish passage• Degradation of habitat structure• Decreased channel stability• Loss of pool-riffle structure• Fragmentation of riparian tree canopy• Decreased substrate quality

Other negative impacts are:

Cleanup of contaminated sites

Declining Fisheries

Recreational Water Use

Aesthetic Losses

Economic Impacts and loss of tourism

By focusing primarily on the most obvious sources of water pollution, industrial process wastewater

discharges and discharges of treated sewage from sewage treatment plants were not eliminated, but

were at least brought under regulatory control, and reduced somewhat.

The 1972 Amendments to the Clean Water Act prohibit the discharge of ANY pollutant to waters of the United States from a point source unless the discharge is authorized by an NPDES permit.

It wasn’t enough.Non-point source pollution and storm water

runoff wasn’t considered in the original 1972 law.

This left as much as 40% of the pollution unaddressed, even after point source

pollution discharges from industrial and municipal plants had been improved.

Water quality continued to deteriorate.

As a result, the United States Congress acted again.

• In 1987, Congress amended the Clean Water Act, this time specifically to address problematic storm water discharges.

• This amendment required NPDES permits be issued for the following storm water discharges:– Industrial– Construction– Municipal (for population centers over

100,000)

Storm Water Regulations

• Phase I • (1990 - March

9, 2003)– Construction– Industrial– Municipal– CalTrans

• Phase II • (begins March

10, 2003)– Construction– Industrial– Municipal– CalTrans

Phase I (began 1990)• Construction General Permit (Statewide)

– Land disturbance: 5 or more acres– BMPs & SWPPP

• Industrial General Permit– based on SIC code– SWPPP & BMPs– sample discharge during 2 storm events a year

• pH, TSS, SC, and O&G or TOC

• CalTrans - Statewide Permit– site specific SWPPPs– covers all CalTrans activities and all CalTrans

properties or right of ways– SWMP

Phase II (begins March 10, 2003)

• Large Construction General Permit– no change

• Small Construction General Permit– Land disturbance: 1 to 5 acres– Adopted at the State Board level

• Industrial General Permit– minor changes

Phase II (begins March 10, 2003)

Municipal PermitWill be adopted at the State Board level

with General Permit or optionally at the Regional Board level with an Individual Permit

All designated MS4 (Municipal Separate Storm Sewer Systems) must obtain NPDES permit coverage by March 10, 2003

Who is Designated for Needing NPDES Permit

Coverage?– Cities named in Appendix 6 of the

Phase II regulations•Cities in urbanized areas that are not

part of a Phase I Area-wide permit•Unincorporated county areas that

are in urbanized areas– MS4s that are part of areas designated

as urbanized under the 2000 census

What is Required?

• Apply for coverage under General Permit or Individual Permit

• Implement the 6 Minimum Control Measures or Program Elements

• Develop Measurable Goals for the Program Elements

Application Process for the Municipality

• Submit Notice of Intent (NOI)• Submit Storm Water

Management Plan (SWMP), which contains:– Best Management Practices (BMPs) to

be Implemented– Measurable Goals to be met– Timetable of Implementation

Phase II Program Requirements

• Develop, implement & enforce a Storm Water Management Plan (SWMP) to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP).

• Address the 6 program elements.• Select BMPs and identify measurable

goals of each of the program elements.• Evaluation and Assessment.• Monitoring and Reporting.

Program Requirements– 6 Program Elements and Measurable

Goals• Public Outreach• Public Involvement• Illicit Discharge Detection and Elimination• Construction Program• Post-construction Program• Good House Keeping/ Pollution Prevention

– Monitoring and Evaluation Requirements– Annual Reporting to the RWQCB

Steps to Developing an Effective Program

1. AssessmentInstitutional Assessment

Assessment of the natural resourcesAssessment of the pollutant sources

3. Implementation–6 Program Elements

2. Development–Program management

–Institutional arrangements & coordination–Legal authority–Fiscal resources

4. Evaluation–Progress Reporting

–Updating your Program

Program Elements (Minimum Control Measures)

1. Public Education and Outreach on Storm Water Impacts

2. Public Involvement and Participation3. Illicit Discharge Detection and Elimination4. Construction Site Storm Water Runoff

Control5. Post-Construction Storm Water

management in New Development and Redevelopment

6. Pollution Prevention and Good Housekeeping for Municipal Operations

1. Public Education and Outreach Program

• Educate the public about impacts of storm water pollution, and steps to reduce pollutants.

• Examples of some education/outreach programs:– Educational program for schools– Radio advertisements– Brochures, posters, bus ads– Educational materials for businesses– Pledge programs

2. Public Involvement and Participation Program

Provide opportunities for people to participate in program development and implementation.

This could include:– Public meetings and forums where citizens are

represented on local storm water management panels or attending public hearings.

– Community clean-ups.– Volunteer Citizen Monitoring programs.– Volunteer Citizen Educational programs.– Storm drain stenciling.

3. Illicit Discharge Detection and Elimination

Program• Eliminate non-storm water discharges

to the storm drain system, including:– Direct connections between storm drain

system and wastewater pipes, coordinate with wastewater treatment plants

– Dumping into storm drains– Spills– Leaks

3. Illicit Discharge Detection and Elimination Program

• At a minimum, the program must include:– A storm drain system map showing the

location of outfalls, names, and locations of all waters of the US/State to which the discharges flow.

– An enforceable mechanism(s) (e.g. ordinance) to prohibit non-storm water discharges into you storm drain system.

– A program to detect and address non-storm water discharges, including illegal dumping, into your system.

– An education component.

4. Construction Site Storm Water Runoff Control

• Develop, implement, and enforce a program to reduce pollutants from construction activities greater than or equal to 1 acre.

• At a minimum, the program must include:– A regulatory mechanism (e.g. ordinance or

other enforceable mechanism) to require erosion and sediment controls

– BMPs implementation by construction site operators to control erosion, sediment loading, and wastes (e.g., concrete, paints, chemical, and litter).

– Procedures for site plan review, inspection, and enforcement of control measures.

Construction Site Storm Water Runoff Control

Poor Construction Site Planning

Causes uncontrolled discharges of large volumes of sediments and pollutants into surface waters

Construction Site Storm Water Runoff Control

Which in turn causes:

Excess sedimentation in drainage channels

Example of Proper Construction Site Storm Water Runoff Control

Fiber rolls installed properly here, and used in conjunction with erosion control measures, have minimized tracking of mud on the paved areas. This is a successful job site.

5. Post-Construction Storm Water Management in New Development &

Redevelopment• Develop, implement and enforce a program to address long-term storm water runoff from new development and redevelopment projects that disturb > or = 1 acre (including smaller projects that are part of a larger common plan).

• At a minimum, the program must include:– Strategies that include a combination of structural

and non-structural BMPs appropriate for the community.

– A regulatory mechanism (e.g. ordinance or other enforceable mechanism) to address post-construction runoff from new development and redevelopment projects.

– Adequate long-term operation and maintenance of BMPs.

Example of structural BMPsThis porous parking lot is a good example of how to reduce runoff.(Pacific Grove, CA)

Reasons for these New Development and Redevelopment Post-Construction

Controls

• Loss of Natural Vegetation• Increased Impervious Surface• Increased Pollutant Loads• Increased Volume and Velocity of Storm Water

Runoff• Degradation and Loss of Stream Functions • Increased Stream Temperature

Impacts of Increased Urbanization

6. Pollution Prevention and Good Housekeeping for Municipal

Operations• Implement a training program to

educate municipal operators on pollution reduction and prevention from municipal operations.

• Ensure adequate long-term operation and maintenance of BMPs.

Vehicle Maintenance – Waste Reduction BMPs

Materials Handling and Storage

The following materials must be stored under cover and surrounded by

containment berms:Paints and SolventsPesticides and Herbicides

FertilizersDetergents

Plaster or related productsConcrete compoundsAsphalt compounds

Petroleum products like fuel, oil, and greaseHazardous chemicals like acids, lime, glues,

adhesives, and curing compounds

Any chemicals or materials which are outside the containment berm become a

pollutant.

Monitoring and Evaluation Requirements

At a minimum, monitoring should include:– Evaluation of BMP effectiveness– Evaluation of program’s effectiveness– Visual Observation– Baseline characterization

Additional monitoring may include:– Representative physical and/or chemical

sampling– Participation in regional monitoring program

Enforcement of Storm Water Regulations

• MS4s will adopt and enforce an ordinance (giving them enforcement authority)

• MS4s will conduct inspections and/or take enforcement action when necessary (checking for compliance with ordinance)

• MS4s will notify the RWQCB of problem sites for further enforcement when necessary

• RWQCB will enforce the Construction/Industrial/MS4 permits