Transcript Pennsylvania Approach to Phase II Stormwater Permits for MS4s

Stormwater Phase II
Municipal Separate Storm Sewer
Systems
and
Act 167
Doug Brennan
PA DEP
September, 2002
1
The Permit Program
• WHO?
– Operators of a storm sewer system
• WHERE?
– “Urbanized areas”
– Designated by EPA or DEP
– Petitions and waivers
• HOW?
– BMPs for water quality protection
– Use of statewide programs
2
Why this new program in
Pennsylvania?
• Evolution of water pollution priorities
nationwide
– Industrial operations, sewage treatment
– “…maintain the chemical physical, and biological integrity…”
– urban areas  impervious cover, etc.
• Federal regulations
– 1987 Clean Water Act amendments
– EPA regulations in phases: 1990, 1999
– 40 CFR 122.26
3
Basic Permitting Approach
• WHO?
– Operators of a storm sewer
system
• WHERE?
– “Urbanized areas”
– Designated by EPA or DEP
– Petitions and waivers
• HOW?
– BMPs for water quality protection
– Use of statewide programs
4
Who Must Get a Permit?
“Municipal Separate Storm Sewer
System (MS4)”
– System of conveyances – roads, swales, drainage
systems
– Used for collecting/conveying stormwater
– Owned or operated by public body
– Operator must get the permit
5
Basic Permitting Approach
• WHO?
– Operators of a storm sewer system
• WHERE?
– “Urbanized areas”
– Designated by EPA or DEP
– Petitions and waivers
• HOW?
– BMPs for water quality protection
– Use of statewide programs
6
WHERE does this apply?
• “Urbanized Areas”
– Bureau of Census draws the boundaries
• Designated by EPA or DEP
– Listed in Federal Register, along with MS4s and
• MS4s outside of UAs which meet population/density criteria or
• Physically interconnected
– Petitions
• MS4  interconnected systems, CSOs
• Any person  discharge which contributes to pollution
– Waivers
• Small MS4s
7
Automatic Designation*
(Based on 1990 and 2000 Census’)
(With over 700 “MS4s” requiring Permits)
Allentown
Altoona
Bethlehem/Easton
Binghamton
Erie
Hagerstown
Harrisburg
Hazelton
Johnstown
Lancaster
Lebanon
Monessen
Philadelphia
* - tentative list
Pittsburgh
Pottstown
Reading
Scranton-WilkesBarre
State College
UniontownConnellsville
Weirton-Steubenville
Williamsport
York
Youngstown
8
State Designation
(DEP Must Decide*)
•
•
•
•
•
•
•
Berwick
Bloomsburg
Butler
Carlisle
Chambersburg
Ephrata
Hanover
•
•
•
•
•
•
Hazelton
New Castle
Oil City
Pottsville
Sunbury
Union City
* - tentative list
9
Basic Permitting Approach
• WHO?
– Operators of a storm sewer system
• WHERE?
– “Urbanized areas”
– Designated by EPA or DEP
– Petitions and waivers
• HOW?
– Municipal Program – 6 Elements
– Use of statewide programs
10
What is Required?
• Stormwater program - 6 Elements
– Public Education
– Public Participation & Involvement
– Illicit Discharges
– Construction
– Post-construction
– Pollution prevention/good housekeeping
11
What is a BMP?
• for post-construction….
– “non-structural”
• Ordinance
• Policies for inspections
• Open space design criteria
– “structural”
• Wet ponds
• Infiltration basins
• for illicit discharges ….
– Establish “priority areas,” take corrective actions, education
12
Basic Permitting Approach
• WHO?
– Operators of a storm sewer system
• WHERE?
– “Urbanized areas”
– Designated by EPA or DEP
– Petitions and waivers
• HOW?
– Municipal Program – 6 Elements
– Use of statewide programs
13
State-wide programs which can be
used
• Erosion and Sediment Control (“Chapter
102”) & NPDES Storm Water Construction
Permits
– NPDES permit revisions to address post-construction
• Storm Water Management Act (“Act 167”)
14
Act 167
Stormwater Management Act
• Basic Process:
– County does the plan
• with involvement of municipalities
• In consultation with DEP
– DEP provides technical oversight, approves plan
– Municipalities implement through ordinance
– Developers follow requirements in plan -- BMPs
15
Act 167
Stormwater Management Act
– Enacted in 1978 – program focus has been on
flooding (“peak flow attenuation”)
• Water quality focus added in 2001
• Watershed-based, multi-municipal participation
– Allows 75% cost-share funding for stormwater
management in counties and municipalities
• Planning and implementation
– Authorizes funding for all 6 elements required under
federal MS4 regs
16
What is Required?
• Stormwater Program - 6 Elements
– Public Education
– Public Participation & Involvement
– Illicit Discharges
– Construction
– Post-construction
– Pollution prevention/good housekeeping
17
MS4 General Permit Proposal
(PAG-13)
• MS4s have two options:
– Follow DEP “Stormwater Management
Protocol”
• Commit to Act 167--watershed-based, multi-municipal
• “Pre-approved”
• Up to 75% cost-share funding
• Relaxed deadlines
Or
– Develop own program
• Must get DEP approval
• Ineligible for funding under Act 167
18
What is Required?
• Stormwater Program – 6 Elements
– Public Education
– Public Participation & Involvement
– Illicit Discharges
– Construction
– Post-construction
– Pollution prevention/good housekeeping
19
DEP’s Proposed “Protocol”
• Construction and Post-Construction
• No building permits in municipality until
– Approved E&S plan
Permit (revised))
(and if needed, NPDES Construction
– Approved post-construction plan
• Follow Act 167 requirements (where applicable)
– Generates watershed-specific standards for
post-construction protection of water quality
20
Post Construction and Water
Quality Standards
• maintain the chemical, physical and biological
•
integrity (federal and state law)
Anti-degradation requirements – Section 93.4a
• Considerations
– Infiltration and base flow
– Pollutants in runoff
– Channel protection
21
What is Required?
• Stormwater Program – 6 Elements
– Public Education
– Public Participation & Involvement
– Illicit Discharges
– Construction
– Post-construction
– Pollution prevention/good housekeeping
22
MS4 General Permit Proposal
• Illicit Discharges
– System mapping--outfalls
– Ordinance—set the legal standard
– Education—get the word out
– Program—find the illegal discharges, eliminate them
23
Model Ordinance
• No building permits or land development
approvals until SW addressed
– Construction
– Post-construction
• Non-stormwater discharges prohibited
• Penalties and enforcement
24
What is Required?
• Stormwater Program – 6 Elements
– Public Education
– Public Participation & Involvement
– Illicit Discharges
– Construction
– Post-construction
– Pollution prevention/good
housekeeping
25
MS4 Permitting—What’s Next
• On-going public outreach sessions
• PAG-13 finalized
– Individual permit documents will be similar
• Model Ordinance proposed in October
• Permit applications must be submitted by March
10, 2003
26
Permits
for
Industrial Activities
27
Stormwater
and
Environmental Futures Planning
• What is Environmental Futures Planning?
• What is the status?
• How does Stormwater fit?
28