Storm Water: Federal Enforcement and Compliance for Phase II MS4

1. Storm Water:Federal Enforcement and Compliance for Phase II MS4

2. Cynthia SansWWPD/WENFEPA Region VII913-551-7492

3. The Environmental Impacts of Storm Water

13. Regulatory Framework for Municipal Stormwater

14. Phase I MS4 • Phase I Stormwater Regulations were final in December, 1990. • Phase I covers Medium >100,000 and Large > 250,000 MS4s. • Most Phase I communities have individual permits.

15. Phase II MS4 • Phase II stormwater regulations were final in December 1999. • Phase II covers small MS4s (basically >10,000 or in an urban area. • Most Phase II communities have general permits.

16. Phase II Stormwater Program • Small Municipal Separate Storm Sewer Systems (MS4s) must: • Obtain NPDES permit coverage • Develop a Storm Water Management Plan (SWMP) which covers the six minimum control measures • Implement the SWMP • Develop measurable goals for the program • Evaluate the effectiveness of the program • Fully implement their program within the first permit cycle (first 5 years).

17. EPA’s Role • The EPA’s Office of Enforcement and Compliance Assurance (OECA) designated storm water as a national priority area in 1999. • Storm water will continue to be a national priority at least through fiscal year 2010.

18. EPA’s Relationship to State Programs • The Clean Water Act (CWA), Section 402 mandates that EPA retain oversight over authorized State NPDES programs. • Including Storm water programs • In addition, EPA retains independent enforcement authority of regulated facilities (CWA Section 309).

19. What Do I Need to Achieve? • Maximum Extent Practicable (MEP) is the statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. • This is not necessarily a numeric limit.

20. What Do I Need to Achieve? • MEP must be driven by the objective of assuring maintenance of water quality standards : • maintenance of beneficial uses • compliance with Total Maximum Daily Load.

21. Measurable Goals • “Measurable goals” are the measuring stick in this program. • Intended to gauge permit compliance and program effectiveness.

22. Measurable Goals • Examples: • “Reduce by 30% the road surface areas directly connected to MS4 in new developments and redevelopment projects over the course of the 1st permit cycle.” • “Inspect all construction projects twice per month.” • “Measure the linear feet of curb and gutter that WERE NOT installed in development projects.” • “Inspect all catch basins annually.”

23. EPA Audit: What To Expect

24. Looking at Compliance with Six Minimum Control Measures: • Public Education and Outreach • Public Participation/Involvement • Illicit Discharge Detection and Elimination • Construction Site Runoff Control • Post-Construction Runoff Control • Pollution Prevention/Good Housekeeping

25. EPA Audit • 1or 2 EPA auditors or 1 or 2 contractors or a combination of both. • EPA invites state to accompany. • 1-3 day audit depending on the size of the community/program or type of audit. • Looking at compliance with all permit requirements.

26. EPA Audit • Advance notice (usually) • Request for documents to review prior to audit, such as: • SWMP • Annual Report(s) • Correspondence with permitting authority • Permit modification (individual permit) • Legal Authority

27. Audit Components • Opening Conference • In Office Records Review • Staff Interviews • Field Inspections • Exit Interview

28. Opening Conference • Opportunity for City Staff and Auditors to meet each other. • Review Agenda and make revisions as necessary. • Obtain additional information that was requested.

29. Records Review Example: Construction Runoff

30. Records Review Example:Illicit Discharge Program • Inspection procedures • Inspection logs for illicit discharges • Illicit discharge training records • Spill/illicit discharge tracking sheets • Spill response procedures • Spill response training records • Sampling of dry weather discharges

31. Other Important SWMP Records • Storm sewer system mapping • Comprehensive master plan • Watershed plans/monitoring • Resources/budgets • Capital improvement projects

32. Staff Interviews: Purpose • Staff interviews to collect program background and current information • To gain an overview of program and better direct the inspection focus

33. What Staff • MS4 management/operator • MS4 technical personnel • Contractor support (if applicable) • Other agencies that may be responsible for program implementation (e.g., flood control district, conservation district)

34. Staff Interviews Example: Good Housekeeping • Storm Sewer Cleaning [Section III.A.2.c] • Describe the inspection and maintenance of storm sewers. • Does the City have written procedures for cleaning storm sewers? How often are they inspected? How often are they cleaned? • What is done with the debris/trash which is cleaned up from the storm sewers? • Catch Basins/Storm Inlets [Section III.A.2.c] • Does the City have an inventory of catch basins? • How many catch basins does the City currently have? • Describe the inspection and maintenance activities for storm inlets and catch basins. • Does the City have written procedures for cleaning catch basins/storm inlets? How often are they inspected? How often are they cleaned? • What is done with the debris/trash which is cleaned up from the catch basins/storm inlets?

35. Field Inspections • Auditors will observe City Staff performing inspections: • Construction • Post Construction • IDDE • Fleet Yard • Salt Storage Area

36. Purpose of Field Inspections • Observe City Inspection Procedures • Are City Staff Trained? • Are they thorough? • Do they have a SOP? • Do they have a checklist? • Do they have follow-up procedures?

37. Exit Interview • Discuss preliminary findings. • Ask and Answer Questions. • Request Additional Information if Necessary. • * Community will receive a copy of the audit report as soon as it is final.

38. Violations Have Been Identified. What Next?

39. Administrative Compliance Order • In the context of a Traditional Case • Specific requirements to comply ie..submissions/review • Follow the directions within the Order

40. Traditional Administrative Penalties • CWA § 309 authorizes administrative penalties of up to $37,500 per day per violation, not to exceed $177,500

41. Civil Judicial Cases • Usually exceed our Administrative Penalty Authority of $177,500. • These are generally cases with several violations over a long period of time. • These cases are handled jointly by EPA and US DOJ.

42. So What Should I Do Now?

43. What It Boils Down To • Read your permit. • Understand its requirements. • Educate yourself using resources available. • Develop appropriate and thorough SWMP • Implement your plan. • Evaluate your program’s effectiveness. • Revise your plan as necessary. • Document your activities.

44. Bottom Line • Implement BMPs that are protective and meet MEP. • Plan should allow you to meet water quality standards and TMDLs.

45. Resources • USE EPA’s WEBSITE: • www.epa.gov/water/stormwater • http://cfpub.epa.gov/npdes • Information available regarding: • Permitting information for Phases I & II • Fact Sheet Series • Guidance Manuals • SWMP guidance • Extensive BMP information • Webcast Series

46. WWW.EPA.GOV/NPDES/WEBCASTS/POSTCONSTRUCTION101