Transcript TPDES Storm Water Permitting

Phase II Municipal Separate Storm
Sewer System (MS4) Permits
Patricia Foran & Cindy Hooper
Storm Water & Pretreatment Team
Authorization of TPDES Permitting
Program for MS4s
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September 14, 1998 – TCEQ Receives Full
Authorization for TPDES Program
Storm Water to be Implemented in Phases
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Existing Permits – TCEQ to Renew as Permits Expire
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Individual Industrial Storm Water
Phase I MS4
Multi Sector General Permit
Phase I Construction Activities (CGP)
New Permits – TCEQ to Issue
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Phase II Construction
Phase II MS4
What is an MS4?
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A conveyance or system of conveyances...owned
by the U.S., a state, city, county, town, or other
public entity that discharges to waters of the
U.S. and is:
Designed / Used to Collect or Convey Storm Water
 Not a Combined Sewer
 Not Part of a POTW
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Difference Between Phase 1 and
Phase 2 MS4s
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Phase I MS4s – “Medium” and “Large”
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Municipalities With Population 100,000+ (1990
Census)
Existing Individual NPDES Permits
TCEQ Renewing as TPDES Permits
Phase II MS4s – “Small”
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MS4s Serving a Population <100,000 (1990 Census)
Phase II General Permit (Proposed TXR040000)
Regulated Small MS4s
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Small MS4s Located in an Urbanized Area (UA)
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Only the Portion of the MS4 Inside of a UA
UA is a central place (or places) with a minimum residential
population of 50,000 people, and a population density of
≥1,000 people/square mile.
Texas UAs:
http://cfpub1.epa.gov/npdes/stormwater/urbanmapresult.cfm?state=TX
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“Designated” Small MS4s
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Any MS4 Designated by TCEQ
None Currently Designated
Designation Criteria
Waivers from Permitting
Requirements
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“Waiver 1”
Small MS4s Serving a Population <1,000 in a UA
 List of Populations Within UAs is Available on EPA
Web Site: http://www.epa.gov/npdes/pubs/texas.pdf
 Waiver Form Will Be Available
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“Waiver 2”
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Work with TCEQ to Coordinate Request
Technical Requirements - SWMP
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Develop and Implement Comprehensive Storm Water
Management Program (SWMP)
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Reduce Pollution in Storm Water to the Maximum Extent
Practicable (MEP)
Protect Water Quality
Meet Water Quality Requirements of Clean Water Act and
Texas Water Code
Include Six Minimum Control Measures (MCMs)
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Programs and Controls
Best Management Practices (BMPs)
What are BMPs?
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Mechanisms to Prevent or Reduce the Discharge of
Pollutants, such as:
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Schedules of activities
Prohibitions of practices
Maintenance procedures
Structural controls
Local ordinances
Other management practices
Includes treatment requirements, operating procedures,
and practices to control runoff, spills or leaks, waste
disposal, or drainage from raw material storage areas
Six Minimum Control Measures (MCM)
1.
2.
3.
4.
5.
6.
7.
Public Education and Outreach
Public Involvement/Participation
Illicit Discharge Detection and Elimination
Construction Site Storm Water Runoff Control
Post-Construction Site Storm Water Management for
New Development and Redevelopment
Pollution Prevention/Good Housekeeping for
Municipal Operations
Optional - Municipal Construction Activities
General SWMP Requirements
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For each MCM:
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Establish Measurable Goals
Evaluate / Assess Efforts to Meet Goals
Maintain Records
Full Implementation Required 5 Years from
Permit Issuance Date
For Designated MS4s, Full Implementation Five
Years from Designation
Meet MEP Standard
1st MCM
Public Education & Outreach
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Requirements:
Distribute educational materials to the community or
conduct equivalent outreach activities
Inform Public about the Water Quality Impacts of
Storm Water, Hazards Associated with Illicit
Discharges, and Available Actions to Reduce Storm
Water Pollutants
Document Activities and Materials
1st MCM – Who Must Be Included?
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Groups to Consider:
Residents
 Visitors
 Public Service Employees
 Business
 Commercial/Industrial Facilities
 Construction Site Personnel
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Justify Any Group Not Included
st
1
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Use Available Materials from Other Sources
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MCM – Guidance
EPA, State, Local Resources
Target Specific Audiences and Communities
Distribute Fact Sheets
Conduct Speaking Engagements
Air Public Service Announcements
Establish Storm Drain Stenciling Programs
Develop Classroom Education
2nd MCM
Public Involvement / Participation
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Requirements:
Comply with State and Local Public Notice
Requirements
*Recommendation*
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Provide Opportunities for Constituents in the MS4 Area to
Participate in the SWMP Development and Implementation
N/A for Correctional Facilities
nd
2
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MCM –Guidance
Include Public in SWMP Development
Involve Public in Reducing Storm Water Pollution
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Storm Drain Stenciling
Stream Monitoring and Cleanup
Adopt-A-Stream
Wetland Plantings
Watershed Organization
Stakeholder Meetings
Community Hotlines
3rd MCM
Illicit Discharge Detection & Elimination
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Requirements:
Establish Program to Detect and Eliminate Illicit
Discharges
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“Illicit” is Unpermitted, Non-Storm Water to MS4
Describe How Illicit Discharges will be Eliminated
Regulatory Mechanism to Prohibit and Eliminate Illicit
Discharges
3rd MCM
Allowable Non-Storm Water Discharges
Water Line Flushing
 Groundwater
 A/C Condensation
 Individual Residential Car Washing
 Street Wash Water
 Dechlorinated Swimming Pools
 Fire Fighting Water
 Non-Storm Waters Listed in MSGP and CGP
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3rd MCM – Requirements
(continued)
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List Sources that are Not Illicit
Based on Nature of Source
 Based on Controls Required by MS4 Operator
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MS4 Operator or TCEQ Can Identify a NonStorm Water Flow as Significantly Contributing
Pollutants to MS4
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3
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MCM - continued
Develop Storm Sewer Map
All Outfalls
 Names and locations of all waters of the U.S. that
receive discharges from the outfalls
 Additional Information Needed to Implement
SWMP
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List Information Used to Develop Map
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3
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MCM – Guidance
Examples of Illicit Discharges to Address:
Failing Septic Systems
Industrial/Business Wastewater Connections to Storm
Drains
Sanitary Sewer Overflows (SSO)
Illegal Dumping
Illicit (Illegal/Improper) Connections to Storm System
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Identify and Prohibit
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3
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Center for Watershed Protection, “Illicit
Discharge Detection and Elimination: A
Guidance Manual for Program Development
and Technical Assessments”
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MCM – Additional Resources
http://www.cwp.org/IDDE/IDDE.htm
EPA Fact Sheet
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http://www.epa.gov/owm/mtb/nonstorm.pdf
4th MCM
Construction Site Storm Water Runoff Control
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Requirements:
Develop, Implement, and Enforce Program to Reduce
Pollutants in Storm Water from Regulated Construction
Activities (≥1 acre)
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Regulatory Mechanism (e.g., Ordinance) to require Erosion and
Sediment controls
Establish Sanctions
Develop Procedures for Site Plan Review by MS4
Consideration of Public Input
Perform Site Inspection and Enforcement of Controls
th
4
MCM – Guidance
Possible Program Requirements:
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Compliance with TPDES CGP, TXR150000
Establishment of Best Management Practices (BMPs):
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Runoff Control: Land Grading, Preservation of Natural
Vegetation, Compost Filter Berms, Riprap
Erosion Control: Mulching, Chemical Stabilization, Sodding,
Seeding, Geotextiles, Vegetated Buffer, Dust Control, Sequencing
Sediment Control: Perimeter Control (e.g. Silt Fence), Sediment
Trapping (e.g. Basins, Filters), Storm Drain Inlet Protection
Good Housekeeping: Waste Management, Vehicle Maintenance,
Education and Awareness
5th MCM
Post Construction Site Storm Water Management
for New Development and Redevelopment
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Requirements:
Develop, Implement, and Enforce Program
to Address Storm Water from New
Development and Redevelopment Projects
≥1 acre
Ensure Controls to Prevent or Minimize
Water Quality Impacts
5th MCM – Requirements
(continued)
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Structural and Non-Structural Controls
Regulatory Mechanism to Address PostConstruction Runoff from New Development
and Redevelopment Projects
Ensure Adequate Long-Term Operation and
Maintenance of BMPs
th
5
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MCM - Guidance
Choose BMPs Appropriate for Community
Attempt to Maintain Pre-Development Runoff
Conditions
Involve Stakeholders
Assess Existing Ordinances
Ensure Proper Implementation of BMPs
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Non-Structural – Management and Source Controls (e.g.,
Buffer Zones), Education for Developers and Public
Structural BMPs – Storage Practices, Filtration, Infiltration
6th MCM
Pollution Prevention / Good Housekeeping
for Municipal Operations
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Requirements:
Establish an Operation and Maintenance Program to Prevent
or Reduce Pollutant Runoff from Municipal Operations
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Must Include Employee Training
Establish Good Housekeeping and BMPs
Address Waste Disposal
List Municipal Operations
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Separate List for Operations Subject to TPDES Permitting (e.g.,
Landfills, Power Plants, WWTPs)
6th MCM
Examples of Municipal Operations
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Parks and Open Spaces
Streets, Roads, and Highways
Municipal Fleets and Buildings
Storm Water System
New Construction and Land Disturbances
Municipal Parking Lots
Vehicle and Equipment Yards
Waste Transfer Stations
Salt/Sand Storage
Golf Courses
th
6
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MCM – Guidance
Evaluate Maintenance Practices, Schedules, and
Long-Term Inspection Procedures
Establish/Maintain Controls to Reduce
Pollutants from Streets, Parking Lots, etc.
Evaluate Waste Disposal Procedures
Assess Water Quality Impacts for New Flood
Control Devices
6th MCM – Examples of Areas to
Address
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Source Controls
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Pet Waste Collection
Automobile Maintenance and Washing
Landscaping and Lawn Care
Pest Control
Storm Drain Cleaning
Materials Management
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Hazardous Materials Storage
Road Salt Application and Storage
Spill Prevention and Response
Used Oil Recycling
7th MCM (Optional)
Authorization for Municipal Construction
Activities Under TXR040000
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Indicate on MS4 NOI
Authorization for Municipal Construction
Activities Under TXR040000 Rather Than
TXR150000
Authorization Only for MS4 Operator
Authorization Only for Regulated Area (UA)
Special Site Notice
th
7
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TPDES Construction General Permit (CGP)
Requirements Included in Phase II MS4 Permit
TCEQ Storm Water Permitting Web Site
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MCM - Resources
http://www.tceq.state.tx.us/nav/permits/wq_construction.html
CGP Guidance Developed by TCEQ’s Small Business &
Local Government Assistance
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www.sblga.info
Draft Q&A Document
SWP3 Worksheets and Instructions
SWMP Implementation
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Share Program Elements with Other Regulated MS4
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Phase I Existing Programs
Phase II Developing Programs
Each MS4 Responsible for Own Compliance
Contract out a Portion of SWMP
Fully Implement 5 Years from Permit Issuance
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Develop a Schedule
Additional Guidance and Resources
TCEQ Small Business & Local Government
Assistance - www.sblga.info
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Links to EPA Outreach and Guidance
Non-Point Source Education Information
Storm Water Manager’s Resource Center
Links to City Contacts
Link to TCEQ Permitting Information
Additional Guidance and Resources
Menu of BMPs
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TCEQ Adopted EPA’s National Menu of BMPs
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Storm Water Case Studies
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http://cfpub.epa.gov/npdes/stormwater/menuofbmps/menu.cfm
Grouped by MCM
Menu Includes Lists of BMPs for Each MCM
Deadlines to Apply (Proposed)
 Small
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MS4s within UAs:
Within 180 Days of Permit Issuance
 Designated
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MS4s:
Within 180 Days of Written Notification
Application Procedure
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Submit NOI and SWMP
Storm Water Staff Perform Review
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Public Notice Once Administratively Complete
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Notice of Deficiency for Incomplete Programs
Public Comment Period
Executive Director Will Consider Public Comments
Allows Public to Request Public Meeting
If Significant Interest, Commission May Require Public
Meeting
Executive Director Will Approve or Deny Application
Status of TPDES General
Permit TXR040000
Proposed Changes
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Clarify SWMP approval process
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MS4 operator will not be required to implement SWMP until
receiving written approval from the TCEQ
TCEQ may require changes to the SWMP as part of the
approval process
TCEQ approval of the SWMP is a determination that SWMP
meets the MEP standard
Include additional non-storm water discharges
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TPDES Multi Sector General Permit (MSGP) for industrial
activities
TPDES Construction General Permit (CGP)
Proposed Changes (cont.)
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Add “force majeure” provision
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Permittee has the right to assert a force majeure (act of God, war, strike,
riot, or other catastrophe) defense under 30 TAC § 70.7, when an event
occurs that is otherwise a violation of a permit.
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Add provision allowing changes to BMPs
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Clarify SWMP responsibility for MS4 operators without
authority to develop ordinances or implement enforcement
actions
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i.e. counties, transportation authorities, and special districts
Revise permit year and annual report due date
Noteworthy Items
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Endangered species
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Water quality protection
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Definition of “outfall”
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Reference to “surface water in the state” versus “waters of the
U.S.”
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Outfall mapping requirement in illicit discharge detection and
elimination MCM
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Designation criteria by which TCEQ could regulate additional
MS4s
Noteworthy Items (cont.)
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Requiring third party compliance
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Non-traditional MS4s with varying enforcement
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e.g., counties, TxDOT, MUDs, irrigation districts, universities
Clarification of “very discrete systems,” which would not be
regulated under permit
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e.g. office buildings and ISDs
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TCEQ Review Period for SWMP
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Public Participation requirements
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public notice of NOI
possible public meeting
Proposed Requirements Beyond
Federal Regulations
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TCEQ determined certain additional requirements
necessary to show compliance with the SWMP
Includes the following proposed requirements:
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List groups considered for Public Education/Outreach, and document
those not considered.
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List source(s) of information used to develop outfall map
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List construction site notices and NOIs
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Pollution Prevention/Good Housekeeping for Municipal Operations maintain structural controls, dispose of waste associated with the
maintenance of controls, and listing all municipal operations subject to
permitting.
TCEQ Web Links
Storm Water Home Page:
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http://www.tceq.state.tx.us/nav/permits/sw_permits.html
Small Business and Local Government Assistance:
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www.sblga.info
 Link to “Assistance Tools for Storm Water Permitting”
For Additional Information
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Patricia Foran, Environmental Permit Specialist
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Cindy Hooper, Environmental Permit Specialist
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[email protected]
(512) 239-5099
[email protected]
(512) 239-4524
David Waterstreet, Team Leader, Storm Water &
Pretreatment Team
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[email protected]
(512) 239-2495