NPDES Permitting – An NPDES Permitting – An OverviewOverview

A&WMA AMS LuncheonA&WMA AMS Luncheon

Thursday, March 12, 2009Thursday, March 12, 2009Randall G. York, P.E., BCEERandall G. York, P.E., BCEE

This presentation attempts to present the basics of This presentation attempts to present the basics of federal NPDES permits and cannot serve as a standalone federal NPDES permits and cannot serve as a standalone summary of applicable requirements (state or federal). summary of applicable requirements (state or federal). You are urged to obtain further information from your You are urged to obtain further information from your permit issuing authority.permit issuing authority.

Items for Today’s DiscussionItems for Today’s Discussion

• History of U.S. Water Pollution History of U.S. Water Pollution ControlControl

• Scope of The NPDES ProgramScope of The NPDES Program

• Types of PermitsTypes of Permits

• Overview of Permit ApplicationsOverview of Permit Applications

• Practical Advice to Ease the “Pain”Practical Advice to Ease the “Pain”

History of U.S. Water Pollution History of U.S. Water Pollution ControlControl

• Present programs initiated by the 1948 Water Present programs initiated by the 1948 Water Pollution Control ActPollution Control Act

• Federal role strengthened - Water Pollution Federal role strengthened - Water Pollution Control Act Amendments of 1956 & Federal Water Control Act Amendments of 1956 & Federal Water Pollution Control Act Amendments of 1961Pollution Control Act Amendments of 1961

• Water Quality Act of 1965 required States to Water Quality Act of 1965 required States to develop standardsdevelop standards

• EPA in 1970 - Refuse Act Permit Program (RAPP) EPA in 1970 - Refuse Act Permit Program (RAPP) (under the 1899 Rivers and Harbors Act)(under the 1899 Rivers and Harbors Act)

• Federal Water Pollution Control Act (FWPCA) Federal Water Pollution Control Act (FWPCA) Amendments of 1972 were a comprehensive Amendments of 1972 were a comprehensive recodification and revisionrecodification and revision

FWPCA Amendments’ Goals FWPCA Amendments’ Goals

• "the discharge of pollutants into navigable "the discharge of pollutants into navigable waters be eliminated by 1985“;waters be eliminated by 1985“;

• "an interim goal of water quality which "an interim goal of water quality which provides for the protection and provides for the protection and propagation of fish, shellfish, and wildlife propagation of fish, shellfish, and wildlife and provides for recreation in and on the and provides for recreation in and on the water be achieved by July 1, 1983"; andwater be achieved by July 1, 1983"; and

• "that the discharge of toxic pollutants in "that the discharge of toxic pollutants in toxic amounts be prohibited".toxic amounts be prohibited".

FWPCA Amendments’ FWPCA Amendments’ PrinciplesPrinciples• The discharge of pollutants to navigable waters is The discharge of pollutants to navigable waters is

not a right.not a right.• A discharge permit is required to use public A discharge permit is required to use public

resources for waste disposal and limits the resources for waste disposal and limits the amount of pollutants that may be discharged.amount of pollutants that may be discharged.

• Wastewater must be treated with the best Wastewater must be treated with the best treatment technology economically achievable, treatment technology economically achievable, regardless of the condition of the receiving water.regardless of the condition of the receiving water.

• Effluent limits must be based on treatment Effluent limits must be based on treatment technology performance, but more stringent technology performance, but more stringent limits may be imposed if the technology-based limits may be imposed if the technology-based limits do not prevent violations of water quality limits do not prevent violations of water quality standards in the receiving water.standards in the receiving water.

Scope Of The NPDES Scope Of The NPDES ProgramProgram

• Under the NPDES Program, all Under the NPDES Program, all facilities which discharge facilities which discharge pollutantspollutants from any from any point sourcepoint source into into waters of waters of the United Statesthe United States are required to are required to obtain a NPDES permitobtain a NPDES permit

““Pollutants”Pollutants”

• Defined very broadly and includes any Defined very broadly and includes any type of industrial, municipal and type of industrial, municipal and agricultural waste discharged into wateragricultural waste discharged into water

• Conventional ( BOD5, TSS, pH, fecal Conventional ( BOD5, TSS, pH, fecal coliform and O&Gcoliform and O&G

• Toxic or Priority (metals and organic Toxic or Priority (metals and organic compounds)compounds)

• Non-conventional (NH3, N, P, COD and Non-conventional (NH3, N, P, COD and WET)WET)

““Point Source”Point Source”

• Includes discharges from publicly owned Includes discharges from publicly owned treatment works (POTWs), discharges from treatment works (POTWs), discharges from industrial facilities and discharges industrial facilities and discharges associated with urban runoffassociated with urban runoff

• ““Direct” sources discharge wastewater Direct” sources discharge wastewater directly into the receiving water body directly into the receiving water body (NPDES)(NPDES)

• ””Indirect” sources discharge wastewater to Indirect” sources discharge wastewater to a POTW (National Pretreatment Program)a POTW (National Pretreatment Program)

Waters of the United StatesWaters of the United States

• Navigable watersNavigable waters• Tributaries of navigable watersTributaries of navigable waters• Interstate waters, and Intrastate lakes, Interstate waters, and Intrastate lakes,

rivers, and streams which are:rivers, and streams which are:– used by interstate travelers for recreation and used by interstate travelers for recreation and

other purposes;other purposes;– sources of fish or shellfish sold in interstate sources of fish or shellfish sold in interstate

commerce; orcommerce; or– utilized for industrial purposes by industries utilized for industrial purposes by industries

engaged in interstate commerce.engaged in interstate commerce.

Types Of PermitsTypes Of Permits

• Individual Permit is specifically tailored to a facility based on information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality)

• General Permit covers multiple facilities within a specific category and large numbers of facilities can be covered under a single permit.

Permit Issuance ProcessPermit Issuance Process

P erm it -A p p lic a t ion

P erm it / Fac t S h eetD ev e lop m en t

P u b lic N o tic e &P u b lic C om m en ts

A d m in is tra t iv eR ec o rd

F in a l P erm it

I d en tify N eed &C o llec t D a ta

P erm it / Fac t S h eetD ev e lop m en t

P u b lic N o tic e &P u b lic C om m en ts

A d m in is tra t iv eR ec o rd

F in a l P erm it

N o tic e o f I n ten tto b e C o v ered

INDIVIDUAL GENERAL

NPDES Permits May Be NPDES Permits May Be Required for Different Kinds Of Required for Different Kinds Of DischargesDischarges

• Industrial WastewaterIndustrial Wastewater

• Discharges of Stormwater from Discharges of Stormwater from Industrial FacilitiesIndustrial Facilities

• Discharges of Stormwater Discharges Discharges of Stormwater Discharges from Municipal Storm Sewersfrom Municipal Storm Sewers

• Discharges of Stormwater from Discharges of Stormwater from Construction SitesConstruction Sites

Industrial WastewaterIndustrial Wastewater

• Process wastewater - Comes into direct contact Process wastewater - Comes into direct contact with process or is covered by an ELG with process or is covered by an ELG

• Noncontact cooling water (NCCW) - Contained Noncontact cooling water (NCCW) - Contained within a closed loop and does not contact process.within a closed loop and does not contact process.

• Contact cooling water (CCW) - Contacts process or Contact cooling water (CCW) - Contacts process or otherwise becomes or can become contaminated.otherwise becomes or can become contaminated.

• Miscellaneous wastewaters – Miscellaneous wastewaters – – Blowdown from boilers or cooling water systems;Blowdown from boilers or cooling water systems;– Laboratory wastes;Laboratory wastes;– Housekeeping wastewaters;Housekeeping wastewaters;– Seepage from materials, product, or waste storage piles;Seepage from materials, product, or waste storage piles;– Sludge storage/processing operations.Sludge storage/processing operations.

Discharges of Stormwater from Discharges of Stormwater from Industrial FacilitiesIndustrial Facilities

• Point source dischargePoint source discharge

• SIC Code ApplicabilitySIC Code Applicability

• Exposure of Stormwater to Industrial Exposure of Stormwater to Industrial Activities (11 Questions)Activities (11 Questions)

Discharges of Stormwater Discharges of Stormwater Discharges from Municipal Discharges from Municipal Separate Storm Sewer Systems Separate Storm Sewer Systems (MS4s)(MS4s)• Phase I (1990) requires larger cities to Phase I (1990) requires larger cities to

obtain NPDES permit coverage for obtain NPDES permit coverage for stormwater. stormwater.

• Phase II (1999) requires regulated small Phase II (1999) requires regulated small MS4s to obtain NPDES permit coverage for MS4s to obtain NPDES permit coverage for stormwater. stormwater.

• Phase I MS4s typically are covered by Phase I MS4s typically are covered by individual permits and Phase II MS4s are individual permits and Phase II MS4s are covered by a general permit.covered by a general permit.

• MS4s must implement a stormwater MS4s must implement a stormwater management program to reduce management program to reduce contamination.contamination.

Discharges of Stormwater from Discharges of Stormwater from Construction SitesConstruction Sites• General NPDES PermitGeneral NPDES Permit

– earth disturbance activity with a point source discharge earth disturbance activity with a point source discharge involving 1 to 5 acresinvolving 1 to 5 acres

– larger plan of development that involves 5 acres larger plan of development that involves 5 acres – Excludes agricultural, timber, or road maintenanceExcludes agricultural, timber, or road maintenance

• Individual NPDES PermitIndividual NPDES Permit– earth disturbance activities that are located in “special earth disturbance activities that are located in “special

protection” watersheds (high quality, exceptional value, protection” watersheds (high quality, exceptional value, and exceptional value wetlands)and exceptional value wetlands)

– may affect existing water quality standards or may affect existing water quality standards or threatened or endangered species and habitatthreatened or endangered species and habitat

– have the potential for hazardous or toxic dischargeshave the potential for hazardous or toxic discharges

Major Components of a Major Components of a PermitPermit• Cover Page - Name and location of the permittee, statement

authorizing the discharge and the specific locations for which a discharge is authorized.

• Effluent Limits - The primary mechanism for controlling discharges of pollutants and are based on applicable technology-based and water quality-based standards.

• Monitoring and Reporting Requirements - Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions.

• Standard Conditions – Pre-established conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit.

• Special Conditions - Conditions developed to supplement effluent limit guidelines. Examples include: best management practices (BMPs), additional monitoring activities, ambient stream surveys, and toxicity reduction evaluations (TREs).

Major Components of a Permit Major Components of a Permit Application – IndividualApplication – Individual

• General Information Form (8000-PM-IT0001)General Information Form (8000-PM-IT0001)• Application Fee - $500Application Fee - $500• Proper evidence of Act 14 municipality and Proper evidence of Act 14 municipality and

county notificationcounty notification• Proof of local newspaper public notice (for new Proof of local newspaper public notice (for new

and substantially changed discharges only)and substantially changed discharges only)• Topographic MapTopographic Map• Industrial Wastewater - Module 1Industrial Wastewater - Module 1• Wastewater Treatment Technologies - Module 2Wastewater Treatment Technologies - Module 2

Major Components of a Permit Major Components of a Permit Application – Individual (cont.)Application – Individual (cont.)

• Sources Of Wastewater sheet(s) - Module 3Sources Of Wastewater sheet(s) - Module 3• Analysis Results Table(s) - Modules 4-9Analysis Results Table(s) - Modules 4-9• Hazardous Substance Table - Module 10 Hazardous Substance Table - Module 10 • Toxic Chemicals (Optional) - Module 11Toxic Chemicals (Optional) - Module 11• Stormwater (if required) - Module 12Stormwater (if required) - Module 12• Stormwater Sampling Data Table (if Stormwater Sampling Data Table (if

required) - Module 13required) - Module 13• No Exposure Certification (if required) - No Exposure Certification (if required) -

Module 14Module 14

Major Components of a Permit Major Components of a Permit Application – General Application – General (Industrial Stormwater)(Industrial Stormwater)• Completed NOI (signed) (Facility/Contact info, Completed NOI (signed) (Facility/Contact info,

receiving water and outfall info, analytical data, receiving water and outfall info, analytical data, pollutant info, BMPs and compliance history)pollutant info, BMPs and compliance history)

• NOI filing fee ($100)NOI filing fee ($100)

• Facility InformationFacility Information– Facility Description – Attach a topographic map or Facility Description – Attach a topographic map or

sketch indicating the point of discharge at the sketch indicating the point of discharge at the facility.facility.

– Facility Description – Attach a USGS topographic Facility Description – Attach a USGS topographic map showing facility and discharge location.map showing facility and discharge location.

Major Components of a Permit Major Components of a Permit Application – General Application – General (Construction Stormwater)(Construction Stormwater)• Completed NOI FormCompleted NOI Form

• Complete Erosion and Sediment Control Complete Erosion and Sediment Control PlansPlans

• Permit filing fee of $250 (may be other Permit filing fee of $250 (may be other fees)fees)

• Notifications to the local municipality and Notifications to the local municipality and county governments that specify Acts 67 county governments that specify Acts 67 and 68 Coordinationand 68 Coordination

• Proof of receipt of municipal notificationsProof of receipt of municipal notifications

Major Components of a Permit Major Components of a Permit Application – General Application – General (Construction Stormwater) (Construction Stormwater) (cont.)(cont.)• The PNDI Review for the project areaThe PNDI Review for the project area• Complete Post Construction Stormwater Complete Post Construction Stormwater

Management PlanManagement Plan• Consistency letter from Municipal or Consistency letter from Municipal or

County Engineer (where applicable) County Engineer (where applicable) • Appendix B Land Use QuestionsAppendix B Land Use Questions• Complete Required Worksheets 1 – 5 Complete Required Worksheets 1 – 5

(project planning details) (project planning details) • Checklist for Subsequent Phases (of Checklist for Subsequent Phases (of

permitted projects)permitted projects)

Practical Advice to Ease the Practical Advice to Ease the “Pain”“Pain”

• The The DD and and EE in NPDES should be taken seriously. No in NPDES should be taken seriously. No Discharge = No PermitDischarge = No Permit

• Permitting costs more time and money than most expect. Permitting costs more time and money than most expect. Do the work on the front end and you avoid it altogether. Is Do the work on the front end and you avoid it altogether. Is discharging to a POTW an option? discharging to a POTW an option?

• Include a narrative. This isn't part of any application but Include a narrative. This isn't part of any application but helps in the review process. Describe the operations at the helps in the review process. Describe the operations at the facility, how the wastewater is generated, where and how facility, how the wastewater is generated, where and how water is collected, etc.water is collected, etc.

• Get the latest version of the forms from the PADEP website.Get the latest version of the forms from the PADEP website.• Closely follow the application instructions. Benefits are Closely follow the application instructions. Benefits are

obvious! obvious! • Completely fill out the application. Sometime units (gpd, Completely fill out the application. Sometime units (gpd,

mgd, etc.) are changed without explanation, sections left mgd, etc.) are changed without explanation, sections left blank etc. If any of this is deliberate an explanation should blank etc. If any of this is deliberate an explanation should be provided. be provided.

Practical Advice to Ease the Practical Advice to Ease the “Pain” (cont.)“Pain” (cont.)

• Some applications require a minimum number of Some applications require a minimum number of samples. Be sure this is met. samples. Be sure this is met.

• If you are applying for a new permit that involves If you are applying for a new permit that involves stormwater, sample it. The instructions are not stormwater, sample it. The instructions are not clear about this but, but you will be asked to clear about this but, but you will be asked to sample the stormwater. sample the stormwater.

• If you are preparing a "design engineers report" If you are preparing a "design engineers report" for a Part II application be sure to follow the for a Part II application be sure to follow the guidance document. guidance document.

• Spend some time on the site map. Make sure the Spend some time on the site map. Make sure the outfalls are clearly located and update the outfalls are clearly located and update the lat/long if possible. lat/long if possible.

Practical Advice to Ease the Practical Advice to Ease the “Pain” (cont.)“Pain” (cont.)

• Implement your BMPs. DEP will visit the site before Implement your BMPs. DEP will visit the site before the permit is issued. If the proposed/existing BMPs the permit is issued. If the proposed/existing BMPs are not in place, it will delay the permit. are not in place, it will delay the permit.

• System design – Keep stormwater separate from System design – Keep stormwater separate from industrial waste. Not a requirement, but favorably industrial waste. Not a requirement, but favorably received by PADEP and in most cases makes sense received by PADEP and in most cases makes sense anyway.anyway.

• Analyze the application instructions for the Analyze the application instructions for the sampling requirements and prepare a Sample sampling requirements and prepare a Sample Protocol document that lists pertinent details.Protocol document that lists pertinent details.

• Discuss the Sample Protocol with the DEP permit Discuss the Sample Protocol with the DEP permit writer or compliance specialist, especially if there writer or compliance specialist, especially if there are anomalies like inaccessible sampling points, no-are anomalies like inaccessible sampling points, no-flow situations, less than 24 hour flow situations, flow situations, less than 24 hour flow situations, etc.etc.

Practical Advice to Ease the Practical Advice to Ease the “Pain” (cont.)“Pain” (cont.)

• Be meticulous in the details.Be meticulous in the details.

• Plan. Plan some more. Check your Plan. Plan some more. Check your Plan.Plan.

• Maintain open communications Maintain open communications among Facility Operator, among Facility Operator, Engineer/Consultant, Sampler, Engineer/Consultant, Sampler, Laboratory and PADEP.Laboratory and PADEP.

Questions?Questions?

• Randall G. York, P.E., BCEERandall G. York, P.E., BCEErandall.york@comcast.netrandall.york@comcast.net