Transcript Rev 4 of '97 WQTC talk

“Stormwater 101”
John Tinger
U.S. EPA Region IX
Office of Water
Western
Overview of the Clean Water Act

Federal Water Pollution Control Act of 1972, amended 1977

Established NPDES, pretreatment and construction grants programs

Permits are a privilege, not a right

Effluent limits must be both technology and water quality based

Established significant penalties for violations

States may obtain authority for administering programs
1987 – added Section 402(p) to CWA covering stormwater
Office of Water
Western
Overview of the Clean Water Act

All “point sources”
 “Discharging
 Into
a pollutant”
a “Water of the U.S”
 >>>>Must
obtain a NPDES (National Pollutant Discharge
Elimination System) Permit
Office of Water
Western
What is a Point Source ?
 Point

Source
Discharge though a discrete conveyance into waters of the US
– Industrial facilities
– Sewage treatment plants
– Stormwater from industrial sites and storm sewers
 Non-point

source
Runoff that is not a point source
Office of Water
Western
What is a Pollutant ?

Conventional
 BOD, TSS, pH, Oil and Grease, Fecal Coliform
 Toxic

List of 129 priority pollutants:
– Includes heavy metals, dioxins, PCBs, PAHs, pesticides
 Non-conventional

Ammonia, chlorine, toxicity, temperature, trash
Office of Water
Western
What is a Water of the U.S ?

All waters currently used, used in the past, or susceptible to use
for interstate commerce including all waters which are subject to
the ebb and flow of the tide
 Includes:





Rivers, lakes and streams
Tributaries
Territorial seas
Wetlands
Ephemeral washes
Office of Water
Western
Types of Permits
 Individual


1 permit issued for an individual facility or municipality
Site specific
 General





NPDES authority issues one permit
Used to cover same or similar operations
Facilities/municipality applies for coverage
Facility/municipality submits Notice of Intent
Compliance measures
Office of Water
Western
Basic Components of a Permit

Effluent Limitations
 Technology based standards
– Establish national, minimum level of control for a type of
discharge
– “Level playing field”
– “MEP” – Maximum Extent Practicable

Water Quality based standards
– Protect water quality of receiving water
– Designated uses (drinking water supply, recreation, aquatic
life)
Office of Water
Western
Basic Components of a Permit
(continued)
 Monitoring


Requirements
Wastewater sampling
Reporting requirements
 Special
Conditions
– Best Management Practices
– Compliance schedules
 Standard
Conditions
Office of Water
Western
Permit Issuance Process

General Permit
 General Permit drafted
 Proposed & Public comment
 Final – applicability, requirements
 Permittee decides if coverage applicable – submits NOI
 Permittee may request individual permit
 Compliance

Individual Permit
 Permittee submits application
 Draft permit prepared/negotiated
 Proposed & public comment
 Final permit issued
 Compliance
Office of Water
Western
Why Regulate Stormwater ?
 2000
National Water Quality Inventory
– 14% of shoreline impaired
 Bacteria; Low Oxygen; Turbidity
 Rivers and Streams – 39% impaired
 Pathogens; Sediment; Habitat Alterations
 Lakes – 45% impaired
 Nutrients; Metals (primarily mercury); Sediment
 Estuaries – 51% impaired
 Metals (primarily mercury); Pesticides; Low Oxygen
 Oceans
Office of Water
Western
Types of Stormwater Permits

Phase I
 Nov 16,1990
 Industrial sites
 Construction >5 acres
 Municipalities > 100,000 population
th circuit court decision 1992
 9
 Phase



II
December 8,1999
Small Municipalities & construction 1 to 5 acres
9th circuit decision January 2003
Office of Water
Western
Types of Stormwater Permits
 Industrial



facilities (Multi-Sector General Permit, MSGP)
40 CFR 122.26(b)
11 categories of industrial activities – includes manufacturing,
landfills, hazardous waste treatment, salvage yards.
Covers maintenance yards, material storage areas, shipping
and receiving areas.
 Basic




Requirements
Submit Notice of intent
Prepare Stormwater Pollution Prevention Plan (SWPPP)
Establish Best Management Practices
Monitor discharge
Office of Water
Western
Types of Stormwater Permits
– minimize erosion and sediment discharge from
construction sites
 Phase I – construction disturbing > 5 acres
 Construction

Phase II - construction disturbing 1-5 acres
– Waiver available
 Basic



Requirements
Submit notice of intent
Prepare Stormwater Pollution Prevention Plan (SWPPP)
Best Management Practices
Office of Water
Western
Types of Stormwater Permits
Municipal Separate Storm Sewer Systems (MS4)
 Phase I – Large municipalities > 100,000 population

 Requirements




Stormwater Management Plan (SWMP)
Reduce discharge of pollutants to MEP
Program Management
Identify outfalls, land use, pollutant loadings, waterbodies and
impacts, source of pollutants
Office of Water
Western
Large MS4 Requirements (continued)




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Eliminate illicit connections
Construction
New development controls
Industrial/Commercial facilities
Municipal Facilities
Public information and participation
Program evaluation
Office of Water
Western
Types of Stormwater Permits
 Phase
II - Small MS4s in urbanized areas (according to US
census)
 Requirements






“six minimum measures”
Illicit connections
Construction
Post-construction
Municipal facilities
Public involvement
Public education
Office of Water
Western
Questions ?
Office of Water
Western