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Stormwater Phase II Municipal Separate Storm Sewer Systems and Act 167

Stormwater Phase II Municipal Separate Storm Sewer Systems and Act 167. Doug Brennan PA DEP September, 2002. The Permit Program. WHO? Operators of a storm sewer system WHERE? “Urbanized areas” Designated by EPA or DEP Petitions and waivers HOW? BMPs for water quality protection

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Stormwater Phase II Municipal Separate Storm Sewer Systems and Act 167

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  1. Stormwater Phase IIMunicipal Separate Storm Sewer SystemsandAct 167 Doug Brennan PA DEP September, 2002

  2. The Permit Program • WHO? • Operators of a storm sewer system • WHERE? • “Urbanized areas” • Designated by EPA or DEP • Petitions and waivers • HOW? • BMPs for water quality protection • Use of statewide programs

  3. Why this new program in Pennsylvania? • Evolution of water pollution priorities nationwide • Industrial operations, sewage treatment • “…maintain the chemical physical, and biological integrity…” • urban areas  impervious cover, etc. • Federal regulations • 1987 Clean Water Act amendments • EPA regulations in phases: 1990, 1999 • 40 CFR 122.26

  4. Basic Permitting Approach • WHO? • Operators of a storm sewer system • WHERE? • “Urbanized areas” • Designated by EPA or DEP • Petitions and waivers • HOW? • BMPs for water quality protection • Use of statewide programs

  5. Who Must Get a Permit? “Municipal Separate Storm Sewer System (MS4)” • System of conveyances – roads, swales, drainage systems • Used for collecting/conveying stormwater • Owned or operated by public body • Operator must get the permit

  6. Basic Permitting Approach • WHO? • Operators of a storm sewer system • WHERE? • “Urbanized areas” • Designated by EPA or DEP • Petitions and waivers • HOW? • BMPs for water quality protection • Use of statewide programs

  7. WHERE does this apply? • “Urbanized Areas” • Bureau of Census draws the boundaries • Designated by EPA or DEP • Listed in Federal Register, along with MS4s and • MS4s outside of UAs which meet population/density criteria or • Physically interconnected • Petitions • MS4  interconnected systems, CSOs • Any person  discharge which contributes to pollution • Waivers • Small MS4s

  8. Allentown Altoona Bethlehem/Easton Binghamton Erie Hagerstown Harrisburg Hazelton Johnstown Lancaster Lebanon Monessen Philadelphia * - tentative list Pittsburgh Pottstown Reading Scranton-Wilkes-Barre State College Uniontown-Connellsville Weirton-Steubenville Williamsport York Youngstown Automatic Designation*(Based on 1990 and 2000 Census’)(With over 700 “MS4s” requiring Permits)

  9. Berwick Bloomsburg Butler Carlisle Chambersburg Ephrata Hanover * - tentative list Hazelton New Castle Oil City Pottsville Sunbury Union City State Designation(DEP Must Decide*)

  10. Basic Permitting Approach • WHO? • Operators of a storm sewer system • WHERE? • “Urbanized areas” • Designated by EPA or DEP • Petitions and waivers • HOW? • Municipal Program – 6 Elements • Use of statewide programs

  11. What is Required? • Stormwater program - 6 Elements • Public Education • Public Participation & Involvement • Illicit Discharges • Construction • Post-construction • Pollution prevention/good housekeeping

  12. What is a BMP? • for post-construction…. • “non-structural” • Ordinance • Policies for inspections • Open space design criteria • “structural” • Wet ponds • Infiltration basins • for illicit discharges …. • Establish “priority areas,” take corrective actions, education

  13. Basic Permitting Approach • WHO? • Operators of a storm sewer system • WHERE? • “Urbanized areas” • Designated by EPA or DEP • Petitions and waivers • HOW? • Municipal Program – 6 Elements • Use of statewide programs

  14. State-wide programs which can be used • Erosion and Sediment Control (“Chapter 102”) & NPDES Storm Water Construction Permits • NPDES permit revisions to address post-construction • Storm Water Management Act (“Act 167”)

  15. Act 167 Stormwater Management Act • Basic Process: • County does the plan • with involvement of municipalities • In consultation with DEP • DEP provides technical oversight, approves plan • Municipalities implement through ordinance • Developers follow requirements in plan -- BMPs

  16. Act 167 Stormwater Management Act • Enacted in 1978 – program focus has been on flooding (“peak flow attenuation”) • Water quality focus added in 2001 • Watershed-based, multi-municipal participation • Allows 75% cost-share funding for stormwater management in counties and municipalities • Planning and implementation • Authorizes funding for all 6 elements required under federal MS4 regs

  17. What is Required? • Stormwater Program - 6 Elements • Public Education • Public Participation & Involvement • Illicit Discharges • Construction • Post-construction • Pollution prevention/good housekeeping

  18. MS4 General Permit Proposal(PAG-13) • MS4s have two options: • Follow DEP “Stormwater Management Protocol” • Commit to Act 167--watershed-based, multi-municipal • “Pre-approved” • Up to 75% cost-share funding • Relaxed deadlines Or • Develop own program • Must get DEP approval • Ineligible for funding under Act 167

  19. What is Required? • Stormwater Program – 6 Elements • Public Education • Public Participation & Involvement • Illicit Discharges • Construction • Post-construction • Pollution prevention/good housekeeping

  20. DEP’s Proposed “Protocol” • Construction and Post-Construction • No building permits in municipality until • Approved E&S plan (and if needed, NPDES Construction Permit (revised)) • Approved post-construction plan • Follow Act 167 requirements (where applicable) • Generates watershed-specific standards for post-construction protection of water quality

  21. Post Construction and Water Quality Standards • maintain the chemical, physical and biological integrity (federal and state law) • Anti-degradation requirements – Section 93.4a • Considerations • Infiltration and base flow • Pollutants in runoff • Channel protection

  22. What is Required? • Stormwater Program – 6 Elements • Public Education • Public Participation & Involvement • Illicit Discharges • Construction • Post-construction • Pollution prevention/good housekeeping

  23. MS4 General Permit Proposal • Illicit Discharges • System mapping--outfalls • Ordinance—set the legal standard • Education—get the word out • Program—find the illegal discharges, eliminate them

  24. Model Ordinance • No building permits or land development approvals until SW addressed • Construction • Post-construction • Non-stormwater discharges prohibited • Penalties and enforcement

  25. What is Required? • Stormwater Program – 6 Elements • Public Education • Public Participation & Involvement • Illicit Discharges • Construction • Post-construction • Pollution prevention/good housekeeping

  26. MS4 Permitting—What’s Next • On-going public outreach sessions • PAG-13 finalized • Individual permit documents will be similar • Model Ordinance proposed in October • Permit applications must be submitted by March 10, 2003

  27. Permitsfor Industrial Activities

  28. Stormwaterand Environmental Futures Planning • What is Environmental Futures Planning? • What is the status? • How does Stormwater fit?

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