Regulatory Review – The Municipal Regional Permit & More

1. Regulatory Review – The Municipal Regional Permit & More Kristin Kerr, EOA, Inc. Commercial/Industrial & IDDE Stormwater Inspector Training Workshop April 25, 2012

2. Regulatory Update • Stormwater Regulations • Municipal Regional Permit Requirements • C.4 Industrial/Commercial Site Controls • C.5 IDDE • C.12 PCBs Controls • C.13 Copper Controls • Statewide Stormwater Industrial Activities General Permit • SMCWPPP Organization & Resources

3. Why Do We Have a Municipal Stormwater Permit? • Since 1987 the federal Clean Water Act has required municipalities to obtain permits to discharge stormwater from municipal storm drain systems • These are National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permits • Larger municipalities’ permits called Phase 1 and smaller ones Phase 2

4. Municipal NPDES Permitting Authority

5. State Water Bd. – Sacramento Reg. Water Bd. –Oakland* Day to day assistance and oversight* Adopt NPDES permits Enforce NPDES permits, e.g., Notices of Violation & Administrative Civil Liability Identify water quality impairments and planned solutions (TMDLs) Updates regionwide Water Quality Control Plan (Basin Plan) U.S. EPA Hdqtrs. – Wash. D.C U.S. EPA Reg. IX– S. F. May audit your city’s stormwater program and businesses in your city Approve NPDES permits adopted by Water Bd. Has independent permit enforcement authority Provides nationwide consistency and some funding Approves Basin Plan Roles of State and Feds

6. What is the Municipal Regional Permit(MRP)? • Regional permit regulating municipal stormwater systems • Adopted by Regional Water Board: October 14, 2009 • Effective date: December 1, 2009 • Applies to cities, counties, and districts* in: • San Mateo, Alameda, Contra Costa, and Santa Clara Counties • Fairfield and Suisun City (Solano County) • Vallejo (Solano County) *76 Permittees

7. What Do Municipal Stormwater Permits Require? If you only remember two general things: • Implement controls to reduce the discharge of pollutants in stormwater to the maximum extent practicable, AND • Effectively prohibit non-stormwater discharges into the storm drains

8. Commercial/Industrial Inspection Requirements in the MRP • Provision C.4 • Implement commercial & industrial site inspection & control program • at all sites that could cause or contribute to pollution of SW runoff • Implement with inspections, effective follow-up and enforcement • Prevent discharges of pollutants and impacts on receiving waters

9. Commercial/Industrial Inspection Requirements in the MRP • Legal Authority • to inspect sites; • require compliance; and • require sites have appropriate and effective BMPs • Staff Training • Focused training annually

10. Commercial/Industrial Inspection Requirements in the MRP • Business Inspection Plan • Prioritize inspections; • Inspection frequency; • Recordkeeping & Annual Reports – Facility Lists;

11. Commercial/Industrial Inspection Requirements in the MRP Business Inspection Plan Identify facilities by 8 activity areas Outdoor process and manufacturing Outdoor material storage Outdoor waste storage and disposal Outdoor vehicle & equipment storage & maintenance Outdoor wash areas Outdoor drainage from indoor areas Rooftop equipment Other sources determined to have potential to contribute to pollution of stormwater runoff

12. Industrial/Commercial Inspection Requirements in the MRP • Business Inspection Plan cont. • Identify by types of facilities: • NOI • Vehicle salvage yards • Metal and other recycled materials collection facilities, waste transfer facilities • Vehicle mechanical repair, maintenance, fueling or cleaning • Building trades central facilities or yards, corporation yards • Nurseries or greenhouses • Building material retailers & storage • Plastic manufacturers • Other facilities determined to have potential to contribute to pollution of stormwater runoff

13. Industrial/Commercial Inspection Requirements in the MRP • Enforcement Response Plan • Implemented by April 1, 2010 • Enforcement Actions • Timely correction of violations • Before next rain event • ≤ 10 business days • Provide rationale if > 10 business days needed • Referral & coordination with Water Board

14. Industrial/Commercial Inspection Requirements in the MRP • Recordkeeping • Electronic database or table* • Facility • Inspection date • Industrial General Permit coverage required • Compliance status • Type of enforcement • Type of activity or pollutant source • Specific problems • Problem resolution • Comments • Annual Report – summary numbers should match tabular data * RB has requested permittees submit electronic data tracking tables

15. Illicit Discharge Inspection Requirements in the MRP • Provision C.5 • Implement program with centralized complaint collection & follow-up component and active surveillance component • Detect & control illicit discharges not already controlled under C.4 Industrial/Commercial Site Controls and C.6 Construction Site Controls

16. Illicit Discharge Inspection Requirements in the MRP • Legal authority to prohibit, control and eliminate non-stormwater discharges • Sewage • Wash water from cleaning exterior surfaces, pavement or equipment • Runoff from material storage areas • Pool or fountain water discharges containing chlorine, biocides, chemicals or filter backwash • Sediment, pet waste, vegetation clippings, landscape or construction related wastes • Food related wastes

17. Illicit Discharge Inspection Requirements in the MRP • Enforcement Response Plan • Implemented by April 1, 2010 • Enforcement Actions • Timely correction of violations • Before next rain event • ≤ 10 business days • Provide rationale if > 10 business days needed • Escalated responses to achieve compliance

18. Illicit Discharge Inspection Requirements in the MRP • Complaint Response • Central contact point • Spill/dumping response flow chart, phone tree or contact list • Conduct reactive inspections & follow-up • Data Tracking* • Complaint info • Investigation info • Response time *SMCWPPP Excel Template

19. PCBs Controls • Provision C.12.a • Polychlorinated Biphenyls (PCBs) • Incorporate PCBs & PCB-containing equipment identification in existing industrial inspections • Document incidents • Refer to appropriate agency • Training* *BASMAA Pollutant of Concern (POC) training materials

20. Copper Controls • Provision C.13.d • Industrial Sources • Identify & include in inspection program facilities likely to use copper or have sources of copper • Consider roof runoff that might accumulate copper deposits from ventilation systems on-site • Ensure proper BMPs • Inspector training* • C.13.b Manage discharges from pools, spas & fountains containing copper-based chemicals *BASMAA Pollutant of Concern (POC) training materials

21. Statewide Stormwater Industrial Activities General Permit • New draft permit coming end of April • Compliance regulated by Regional Water Board staff • Facilities file Notice of Intent (NOI) • MRP requires SW Inspectors to: • evaluate if coverage is needed under the General Permit, • Track if NOI was filed • Refer non-filers to RWB staff • Include NOI facilities in Business Inspection Plan

22. San Mateo Countywide Water Pollution Control Program

23. SMCWPPP Assistance • CII Subcommittee Meetings • CII Training Workgroup Meetings • SMCWPPP Orientation Training materials • BASMAA Pollutants of Concern (POC) training materials for PCBs and Copper • Website: www.flowstobay.org