Federal Facilities and an MS4 Audit

1. Federal Facilities and an MS4 Audit Thea Lomax Presenter EPA, Region 6 Storm Water Enforcement

2. Overview • Federal Facilities (Definition, types) • MS4s (Definition, examples) • MS4 SWMP Requirements (Specific for federal facilities) • MS4 Audit (Definition, Goals, Benefits, Preparation, Process) • Resources & Tools Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

3. What is a Federal Facility? • A federal facility is any building, installation, land, etc., owned or leased by the federal government. Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

4. Types of Federal Facilities • Federal facilities can include universities, prisons, hospitals, roads (i.e., departments of transportation), military bases (e.g., State Army National Guard barracks), parks and office buildings/complexes. Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

5. What is an MS4? • The term “MS4” is commonly used to describe both: • The infrastructure used to convey stormwater runoff • The owner/operator of the infrastructure that is permitted to discharge this runoff Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

6. What is an MS4? According to 40 CFR 122.26(b)(8), municipal separate storm sewer system means a “conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law)...including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States. (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.” Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

7. What is a sMS4? • According to 40 CFR 122.26(b)(16), small MS4s are similar to large and medium except they may be owned or operated bythe United States and includes systems similar to separate storm sewer systems in municipalities such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares but does not include sewers in very discrete areas, such as individual buildings. Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

8. Federal Facilities and an MS4 Audit

9. Examples of MS4s Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

10. MS4 SWMP Requirementsfor Federal Facilities ■ Apply/obtain an NPDES permit ■ Develop and implement six minimum control measures of the permit: 1. Public Education and Outreach Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

11. MS4 SWMP Requirementsfor Federal Facilities ■ Apply/obtain an NPDES permit ■ Develop and implement six minimum control measures of the permit: 1. Public Education and Outreach 2. Public Participation/Involvement Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

12. MS4 SWMP Requirementsfor Federal Facilities ■ Apply/obtain an NPDES permit ■ Develop and implement six minimum control measures of the permit: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

13. MS4 SWMP Requirementsfor Federal Facilities ■ Apply/obtain an NPDES permit ■ Develop and implement six minimum control measures of the permit: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

14. MS4 SWMP Requirementsfor Federal Facilities ■ Apply/obtain an NPDES permit ■ Develop and implement six minimum control measures of the permit: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff 5. Post-Construction Runoff Federal Facilities and an MS4 Audit

15. MS4 SWMP Requirementsfor Federal Facilities ■ Apply/obtain an NPDES permit ■ Develop and implement six minimum control measures of the permit: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff 5. Post-Construction Runoff 6. Good Housekeeping/Pollution Prevention for Municipal Operations Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

16. MS4 SWMP Requirementsfor Federal Facilities ■ Some Implementation Concerns 1. Unique characteristics 2. Lack of Legal Authority 3. Multiple Regulated Entities ■ Establish cooperative agreements with cities and counties in implementing the storm water management program Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

17. What is an MS4 Audit? • “Comprehensive evaluation of all components of an MS4 program to assess compliance with the NPDES permit and development and implementation of the storm water management programs. Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

18. Goals of an MS4 Audit Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

19. Goals of the MS4 Audit • Determine permittee’s compliance with their MS4 permit • Determine whether the MS4 is meeting the Maximum Extent Practicable (MEP) in reducing pollutants in storm water discharges • Provide compliance assistance in Storm Water Management Plan (SWMP) development and implementation • Assist in MS4 program development Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

20. Benefits of an MS4 Audit Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

21. Benefits of an MS4 Audit • Stronger coordination and working relationship between the permitting authority (and/or EPA) and the permittee Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

22. Benefits of an MS4 Audit • Stronger coordination and working relationship between the permitting authority (and/or EPA) and the permittee • Better understanding by the permittee of the expectations and permit requirements Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

23. Benefits of an MS4 Audit • Stronger coordination and working relationship between the permitting authority (and/or EPA) and the permittee • Better understanding by the permittee of the expectations and permit requirements • Clarity of MS4 permit requirements or SWMP plans Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

24. Benefits of an MS4 Audit • Stronger coordination and working relationship between the permitting authority (and/or EPA) and the permittee • Better understanding by the permittee of the expectations and permit requirements • Clarity of MS4 permit requirements or SWMP plans • SWMP strengths and areas for improvement identified Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

25. Benefits of an MS4 Audit • Stronger coordination and working relationship between the permitting authority (and/or EPA) and the permittee • Better understanding by the permittee of the expectations and permit requirements • Clarity of MS4 permit requirements or SWMP plans • SWMP strengths and areas for improvement identified • Improved permitting authority’s knowledge of the permittee’s operations, priorities, constraints and challenges Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

26. Benefits of an MS4 Audit • Stronger coordination and working relationship between the permitting authority (and/or EPA) and the permittee • Better understanding by the permittee of the expectations and permit requirements • Clarity of MS4 permit requirements or SWMP plans • SWMP strengths and areas for improvement identified • Improved permitting authority’s knowledge of the permittee’s operations, priorities, constraints and challenges • More effective SWMPs that result in better water quality and reduced pollutants in storm water discharges to the MS4 Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

27. Preparation to be audited Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

28. What should I ask myself first? • Where is my Storm Water Management Plan? • Where is my legal authority for storm water activities (ordinances/agreements)? • Do I know what is in the SWMP? • Do I have copies of all my annual reports? • Have I allowed myself plenty of time to do this audit? • Do I have copies of everything we say we sent to the PA (EPA or State)? • Where is that checklist EPA gave me? • Do I have everything I need in one place or do I know where it is? • Have I contacted and scheduled all needed persons to participate in the audit? Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

29. Municipal Separate Storm Sewer System (MS4)AuditPrepared byEPA Region 6Water Enforcement BranchMunicipal/Industrial Section (6EN-WM)Revised March 2009 from the November 2006 Checklist Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

30. ANNUAL REPORTS Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

31. Purpose of Annual Reports To report the progress of activities implemented to accomplish the goals of the SWMP. Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

32. Annual Reports ■ Include a status on: 1. Compliance with SWMP schedules 2. Public Education/Outreach 3. Public Participation/Involvement 4. Illicit Discharge Detection and Elimination 5. Construction Site Runoff 6. Post-Construction Site Runoff 7. Good Housekeeping/Pollution Prevention for Municipal Operations 8. Proposed changes to the SWMP in the coming reporting year Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

33. Annual Reports ■ Include a status on: 9. Revisions, if necessary, to the assessment of controls land the fiscal analysis reported in the permit application or the most recent annual report10. Summary of monitoring data accumulated throughout the reporting year 11. Summary of the number of the NPDES NOIs received for each general permit 12. Number of site notices received from small construction site operators seeking coverage for storm water discharges Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

34. Annual Reports ■ Include a status on: 13. Number of inspections conducted for industrial facilities 14. Number of inspections conducted for construction sites 15. Annual expenditures for the reporting period, with a breakdown for the major elements of the SWMP, and the budget for the year (reporting year) following each annual report 16. Summary describing the number of enforcement actions 17. Summary describing the nature of enforcement actions Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

35. Annual Reports ■ Include a status on: 18. Summary describing the number of inspections 19. Summary describing the nature of inspections 20. Summary describing the number of education programs 21. Identification of any water quality improvements 22. Identification of any water quality degradations 23. Identification of any progress towards measurable goals 24. Identification of any progress toward measured reductions in pollutants 25. Discharge Monitoring Reports for the reporting period Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

36. STORM WATER MANAGEMENT PLAN Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

37. SWMP ■ Comprehensive document that includes the implementation process for each required NPDES six minimum control measures ■ Updated Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

38. PUBLIC EDUATION/OUTREACH Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

39. Public Education/Outreach • Measurable Goals • Ordinances, agreements • Management, organizational structure, responsibilities • Meeting schedules • Contracted services • Training • Records • Handouts • Evaluation Tool Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

40. Public Education/OutreachPesticides, Herbicides, Fertilizers • Proper use • Disposal • Storage • Handouts developed / meetings held • Promotion/Publicized/Facilitated • Mechanisms to measure effectiveness of program Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

41. Public Education/OutreachPublic Reporting of Illicit Discharges • Departments responsible • Promote, publicize, facilitate reporting of illicit discharges or WQ impacts associated with discharges • Programs developed to allow public participation in reporting illicit discharges • Speaking engagements / event participation • Tracking number of illicit discharges reported by public • Educational material developed (including disposal of grass clippings, leaf litter, animal wastes) • Mechanisms to measure results of public participation/education • Measures to reach multi-ethnic / minority communities Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

42. Public Education/OutreachDisposal of Used Oil/Household Hazardous Waste • Departments responsible • Programs to educate about disposal of used oil and household hazardous waste materials • Speaking engagements / event participation • Promote, publicize, facilitate program • Training materials developed • Responses to program (how many gallons of household hazardous waste or used oil collected) • Measures to reach children, physically challenged, non-English speaking/reading • Mechanisms to measure effectiveness of program Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

43. PUBLIC PARTICIPATION/INVOLVMENT Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

44. Public Participation/Involvement • Measurable Goals • Ordinances, agreements • Management, organizational structure, responsibilities • Meeting schedules • Contracted services • Training • Records • Handouts • Evaluation Tool Federal Facilities and an MS4 Audit

45. Public Participation/Involvement • Public involvement on management practices, control techniques and systems, design and engineering methods, etc. • Programs implemented to provide adequate public education and ample opportunities for public participation in development/implementation of SWMP • Measures to encourage public participation • Public meetings held annually? Attendees? Publicity? Topics covered? Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

46. ILLICIT DISCHARGE DETECTION and ELIMINATION Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

47. Illicit Discharge Detection and Elimination • Measurable Goals • Ordinances, agreements • Management, organizational structure, responsibilities • Meeting schedules • Contracted services • Training • Records • Evaluation Tool Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

48. Illicit discharge detection/elimination: Planning and Evaluation • Inspections • Investigations • Records management • Field screening • Follow-ups • Enforcement • Citizen complaints (reporting and resolution) • Identification of industrial dischargers and their pollutants • Identification of measurable goals Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

49. Illicit discharge detection/elimination:Sanitary Sewers • Reliable tracking system • Controls to limit infiltration of seepage from sanitary sewers • Owners of leaking privately owned sewer lines • Procedures to eliminate reoccurrence of seepage into MS4 • Documentation (what type information; i.e., location, cause, resolution, etc.) Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit

50. CONSTRUCTION SITE RUNOFF Federal Facilities and an MS4 Audit Federal Facilities and an MS4 Audit