ITD Storm Water Management: What the Future Holds Based on Lessons Learned

1. ITD Storm Water Management:What the Future Holds Based on Lessons Learned Presented by: Steve Burgos, Brown and Caldwell

2. Agenda • Introduction • Overview of where ITD has been • Consent Decree • What’s working with the current system • Full Time Construction Stormwater Management Information Manager • District 2 - S.W.A.T • Standardized Approaches • Look into what the future holds • Proactive Stormwater Management Tracking • New Federal Permits • Effluent Limitation Guidelines • Summary

3. Federal Permits for Storm Water Pollution Control Clean Water Act National Pollutant Discharge Elimination System (NPDES) Storm Water Management Construction Industrial Municipal ITD Consent Decree Construction General Permit (CGP) Multi-Sector General Permit (MSGP) Municipal Separate Storm Sewer Systems (MS4)

4. Stormwater Management Presents Many Challenges to ITD and the State • Education and Awareness • Owners and Contractors learning On-The-Job “We have coverage under an MS4 Permit so that covers us for all stormwater issues.” “Since we never have illicit discharges, we never violate the Clean Water Act.” “Our Contractors take care of Construction Stormwater so we don’t worry about it.” “EPA inspections usually don’t amount to much so we don’t worry about them.” • Climate Variation • Northern and Central Idaho face significant challenges • Budget Constraints

5. EPA’s High Level of Compliance Activity Translates to Risk • EPA Region 10 has been very active regarding construction stormwater management compliance • Contractors ($1M +) • Developers ($200K +) • Tamarack Resort ($150K) • Municipalities ($30K) • Risk for non-compliance in Idaho is high

6. Where Has ITD Been?

7. Introduction to the Consent Decree A Consent Decree was issued in response to alleged non-compliance Became active June 23, 2006 Six-mile long road project on U.S. 95 between Bellgrove and Mica Creeks Requirements for compliance extensive and extend beyond the Construction General Permit 7

8. Review of Consent Decree and its Provisions The Consent Decree has three main actionable sections: Compliance Program Civil Penalties Stipulated Penalties Mica Bay Boat Launch Mica Bay Boat Launch 8

9. Key Challenges Over the Past Two Years • Tracking of stormwater management information • Administrative non-compliance • Lack of standardization across ITD

10. What’s Working with the Current System?

11. ITD Shifting Focus to Proactively Managing the Construction Stormwater Process • Project Design Guidance: • Design review checklist • ESA, SHPO, 404 Permitting • Preliminary SW cost estimates • Ownership scenarios • Right-of-Way Access • Project Construction: • SWPPP Implementation • Stormwater management inspections • SWPPP updates • BMP Maintenance Project Planning Project Design Project Bid/Award Project Construction Final Stabilization • Project Planning Guidance: • 303d List • TMDL issues • Construction in water bodies • Project Bid/Award: • Stormwater specifications • Stormwater Bid Item • SWPPP Review Checklist • SWPPP review and approval • Notice of Intent • Final Stabilization: • Final stabilization achieved • Removal of temporary BMPs • Notice of Termination

12. Example: District 2 - S.W.A.T Storm Water Action Team • Meet on a weekly basis (DE, REs, Environmental Planners) • Address outstanding stormwater issues throughout the District • Proactively managing issues before they devolve into instances of non-compliance

13. Other Activities • Stormwater Management Package sent to EPA: • Request updated 2802 • Updates to Specification 212 • New ‘Clean Water Act Insert’ • Full-Time Stormwater Management Information Manager • Hired in late summer, started in late fall • Proactively track stormwater management information • Standardization • Recognition that more standardized approaches are necessary

14. What Does the Future Hold?

15. More Proactive Tracking of Stormwater Management Information • Newly hired Stormwater Management Information Manager • Tracking information associated with Annual Report throughout calendar year • Identifying instances of non-compliance in timely manner • Sending info to EPA within requisite timeframe

16. New Stormwater Permits • New CGP and MSGP in 2008 • Pending MS4 Permits throughout the State • New CGP in 2010? National Pollutant Discharge Elimination System (NPDES) Storm Water Management Construction Industrial Municipal ITD Consent Decree Construction General Permit (CGP) Multi-Sector General Permit (MSGP) Municipal Separate Storm Sewer Systems (MS4)

17. Concept of Effluent Limitation Guidelines • Potential for inclusion in the 2010 CGP • What are ramifications? • None in the immediate future for Idaho • Most affected will be: • Large projects (> 30 acres) • High precipitation areas • Fine soil types • Remember, NPDES implemented in phases • Start with large sources then address smaller sources

18. Summary

19. Summary • Risk for ITD Construction Stormwater Management Non-Compliance is decreasing • Managed risks through proactive steps: • All construction stormwater management activity under control of the Owner • Buy-in from all levels in the organization • Effective use of staff and tools can minimize risk of failure • Examples: • Stormwater Information Manager • District 2 S.W.A.T. • Standardization

20. Questions?