Navigating NPDES Compliance with Phase II Storm Water Regulations

1. NPDES Compliance with Phase II Storm Water Regulations Tobi Tyler, Water Resources Control Engineer, RWQCB San Francisco Bay Regional Water Quality Control Board

2. Why – why are we here Objectives What – Regulatory History How – Regulatory Requirements When – by March 10, 2003

3. Why are we here? Clean Water.

4. 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.

5. This creek is a “Water of the State”

6. Even though there is no water currently visible in this intermittent seep/stream, it is a “Water of the State”.

7. Here are some examples: • Estuary and delta • Rivers • Creeks (including intermittent) • Wetlands (tidal, seasonal…) • Ponds • Grassy swales • Storm drains

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

9. storm water pollution can be anything. • Soil, Dirt and Sediment • Concrete compounds • Paints and Solvents • Asphalt compounds • Pesticides and Herbicides • Petroleum products fuel, oil, and grease • Fertilizers • Hazardous chemicals acids, lime, glues, adhesives, and curing compounds • Detergents • Plaster or related products And others...

10. A healthy stream

11. A stream choked by sedimentation and chemicals caused by erosion and toxic chemical releases from construction, industrial, or urbanized areas

12. 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

13. Other negative impacts are: Cleanup of contaminated sites

14. Declining Fisheries

15. Recreational Water Use

16. Aesthetic Losses

17. Economic Impacts and loss of tourism

18. 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. 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.

19. 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.

20. 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)

21. Storm Water Regulations • Phase II • (begins March 10, 2003) • Construction • Industrial • Municipal • CalTrans • Phase I • (1990 - March 9, 2003) • Construction • Industrial • Municipal • CalTrans

22. 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

23. 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

24. Phase II (begins March 10, 2003) Municipal Permit Will 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

25. 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

26. 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

27. 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

28. 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.

29. 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

30. Steps to Developing an Effective Program • Assessment • Institutional Assessment • Assessment of the natural resources • Assessment of the pollutant sources • 2. Development • Program management • Institutional arrangements • & coordination • Legal authority • Fiscal resources • 4. Evaluation • Progress Reporting • Updating your Program • 3. Implementation • 6 Program Elements

31. Program Elements (Minimum Control Measures) • Public Education and Outreach on Storm Water Impacts • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Construction Site Storm Water Runoff Control • Post-Construction Storm Water management in New Development and Redevelopment • Pollution Prevention and Good Housekeeping for Municipal Operations

32. 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

33. 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.

34. 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

35. 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 todetectand address non-storm water discharges, including illegal dumping, into your system. • An education component.

36. 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.

37. Construction Site Storm Water Runoff Control

38. Construction Site Storm Water Runoff Control

39. Example of Proper Construction Site Storm Water Runoff Control

40. 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.

41. Example of structural BMPs

42. Reasons for these New Development and Redevelopment Post-Construction Controls Impacts of Increased Urbanization • 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

43. 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.

44. Vehicle Maintenance – Waste Reduction BMPs

45. Materials Handling and StorageThe following materials must be stored under cover and surrounded by containment berms: Paints and Solvents Pesticides and Herbicides Fertilizers Detergents Plaster or related products Concrete compounds Asphalt compounds Petroleum products like fuel, oil, and grease Hazardous chemicals like acids, lime, glues, adhesives, and curing compounds

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

47. 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

48. 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