Transcript General Permits - Mississippi Department of Environmental

General Permits Branch
Jim Morris
961-5151
[email protected]
Kenneth LaFleur
961-5192
[email protected]
Adam Smith
[email protected]
961-5029
Storm Water Phase II
Program
1988 REPORT TO CONGRESS
“Storm Water Leading Cause of
Water Quality Impairment in U.S.”
ON NOVEMBER 16, 1990,
EPA PROMULGATED
STORM WATER
REGULATIONS
Phase I Program
• Permit Applications required for storm water
discharges from:
– 11 categories of industrial activity, including
– Construction activities disturbing by clearing,
grading, or excavating 5 or more acres
– Cities with populations > 100,000
THE 11 CATEGORIES OF INDUSTRIAL
ACTIVITIES NEEDING NPDES STORM
WATER PERMITTING
1/ Facilities subject to National effluent limitations
guidelines for storm water (these are listed in Chapter
Two, Part VI.E.2 of our Wastewater Regulations)
2/ Certain manufacturing activities listed by their
Standard Industrial Classification (SIC) code
3/ Mining and oil & gas operations that have
contaminated storm water discharges
4/ Hazardous waste treatment, storage, or disposal
facilities
5/ Landfills, land application sites, and open dumps
that receive industrial waste
6/ Recycling facilities including metal scrap yards,
battery reclaimers, salvage yards, and automobile
yards
7/ Steam electric power generating facilities
(including coal handling sites)
8/ Transportation facilities which have vehicle
maintenance shops, equipment cleaning
operations, or airport deicing operations
9/ Sewage treatment plants with a design flow of
1.0 mgd
10/ Construction activity disturbing 5 or more acres
11/ Other specific facilities listed by SIC code where
material handling equipment or activities, raw
materials, intermediate products, final products,
waste materials, by-products or industrial
machinery are exposed to storm water.
Non point-source agriculture and
silvicultural activities are
specifically excluded from
NPDES storm water permitting
requirements
State and Federal Agencies are
responsible for obtaining storm
water permits for the activities
listed in 40 CFR 122.26 b (14)
that they own or operate.
Municipalities with populations of
100,000 or more are required to obtain a
NPDES Storm Water Permit
Applying for Coverage Under an
NPDES General Storm Water Permit
Requires:
• A completed and signed Notice of Intent
(NOI) form.
• A Storm Water Pollution Prevention Plan
(SWPPP) as described in the General
Permit.
• A USGS Quad Map, or photocopy, with the
facility location highlighted.
Once the NOI & SWPPP are deemed
complete, coverage is issued. A cover
letter, Certificate of Coverage and copy
of the existing General Permit are sent
to the applicant.
Storm Water Phase II Program
Proposed Rule Background
• EPA Phase II Regulations implemented
December 8, 1999 [FR Volume 64,
Number 235, Page 68722]
• Sources to be covered:
– No new industrial/commercial sources
– Construction sites => 1 acre
– Designated municipalities < 100,000
Storm Water Phase II Program
The ISTEA Moratorium
• ISTEA delayed permitting for industrial
activities operated by cities and
counties with populations less than
100,000.
• The Phase II Final Rule set the deadline
to obtain permit coverage to no later
than March 10, 2003.
Storm Water Phase II Program
Construction
Extends Existing Phase I Regulations to apply
to sites that result in the disturbance of 1
acre or more, but less than 5 acres
(designated Nationwide)
Storm Water Phase II Program
Regulated Small MS4 Designation
Automatic Nationwide Designation:
All small MS4s Located Within
“Urbanized Areas” (UAs)
What is an MS4?
A municipal separate storm sewer system
(MS4) is a conveyance or system of
conveyances… owned by a state, county,
city, town, or other public entity that
discharges to waters of the U.S. and is
designated or used for collecting or
conveying storm water.
Storm Water Phase II Program
”Urbanized Area” Definition
A central place (or places) -- core -- and the
adjacent densely settled surrounding area -fringe -- that together have a minimum
population of 50,000 and a minimum
average density of 1,000/square mile.
Storm Water Phase II Program
Automatically Designated Municipalities
Bay St. Louis
Biloxi
Brandon
Clinton
D’Iberville
DeSoto
Flowood
Forrest County
Gautier
Gulfport
Hancock County
Harrison County
Hattiesburg
Hinds County
Horn Lake
Jackson County
Lamar County
Long Beach
Madison
Madison County
Moss Point
Ocean Springs
Pascagoula
Pass Christian
Pearl
Petal
Rankin County
Richland
Ridgeland
Southaven
Waveland
Storm Water Phase II Program
Regulated Small MS4 Designation
• Designation criteria MUST be developed and
applied to small MS4s outside UAs serving a
population > 10,000 and a population density
> 1,000 sq.mi.
Storm Water Phase II Program
Potentially Designated Municipalities
Brookhaven
Greenwood
Natchez
Canton
Grenada
Starkville
Clarksdale
Indianola
Vicksburg
Cleveland
Laurel
Yazoo City
Columbus
McComb
Greenville
Meridian
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
• Required to develop, implement and enforce a program to
reduce the discharge of pollutants and protect water quality
• Program MUST include six minimum control measures
• MUST submit an NOI or permit application and identify for
each minimum control measure
–
–
–
–
Best Management Practices
Measurable Goals, Evaluation/Assessment Efforts
Timeframe for Implementation (start/complete)
Responsible Persons
• MUST evaluate program and submit annual reports to
MDEQ
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
• Minimum Control Measures:
–
–
–
–
–
Public Education and Outreach
Public Involvement/Participation
Illicit Discharge Detection and Elimination
Construction Site Storm Water Runoff Control
Post-construction Storm Water Management in New
Development and Redevelopment
– Pollution Prevention/Good Housekeeping for
Municipal Operations
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
Public Education and Outreach:
• MUST implement a public education program,
including distributing materials that describe the
impacts of storm water and actions to reduce
pollution.
Public Education and Outreach
Recommended:
• May use materials provided by others
• Inform public on how to get involved in
storm water program activities
• Tailor program to target specific groups of
entities, particularly those likely to have
significant storm water impacts
• Address the viewpoints and concerns of
minority and disadvantaged communities
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
Public Involvement/Participation:
• MUST comply with state/local public notice
requirements (adoption of plans, policies,
ordinances, etc.)
• Recommend: Provide opportunities for the public
to participate such as:
-Local storm water management panel
-Volunteer monitoring
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
Illicit discharge detection and elimination:
• Develop a storm sewer map of outfalls and the names of all
receiving streams
• MUST effectively prohibit illicit discharges into the MS4 system
through use of
– an ordinance, order or similar means
– enforcement procedures and actions
• MUST implement a plan to detect and address illicit discharges
and illegal dumping
• MUST inform public of hazards associated with illegal discharges
and improper disposal
Illicit Discharge Detection and
Elimination
Recommended:
• A plan with procedures for:
-Locating priority problem areas
-Tracing the sources of an illicit discharge
-Removing the source
-Program evaluation & assessment
• Promotion of public reporting of discharges
• Distribution of outreach materials
• Storm drain stenciling
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
Construction site runoff control:
• MUST develop, implement and enforce a program to reduce storm
water pollution from all construction activities > 1 acre and < 5
acres - use an ordinance to control erosion and sedimentation and
other waste at the site
• Program MUST include:
– requirement for site owners/operators to implement appropriate
BMPs
– Pre-construction review of site plans
– Procedures to receive/consider public input
– Regular inspections during construction
– Penalties to ensure compliance
Construction Site Storm Water
Runoff Control
Recommended:
• Procedures for site plan review should include
review of individual pre-construction site plans.
• Procedures for site inspections and enforcement
could include steps to identify priority sites based
on the nature of the site, topography, soil
characteristics, and receiving water quality.
• Provide appropriate educational training measures
for construction site operators.
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
Post construction storm water management in new
development and redevelopment:
• MUST develop, implement, and enforce a program to address
storm water runoff from new development and redevelopment that
disturb one acre or greater
• Program MUST:
– Include a plan to implement site-appropriate, cost-effective
structural and non-structural BMPs
– Ensure long term operation & maintenance of BMPs
– Ensure controls in place that would prevent or minimize water
quality impacts
Post-construction Storm Water
Management in New Development and
Redevelopment
Recommended:
• The BMPs chosen should:
– be appropriate for the local community
– minimize water quality impacts
– attempt to maintain pre-development runoff conditions
• Participate in watershed planning efforts
• Assess existing ordinances, policies, and programs that
address storm water quality
• Provide opportunities for public participation
Storm Water Phase II Program
Regulated Small MS4 Permit Requirements
Pollution Prevention/Good Housekeeping:
• MUST develop and implement a cost-effective operation
and maintenance program with the goal of preventing or
reducing pollutant runoff from municipal operations
– Park and open space maintenance
– Street, parking lot, and fleet maintenance
– Building maintenance
– Storm water system maintenance
• Program MUST include local government employee
training.
Pollution Prevention/Good
Housekeeping for Municipal Operations
Recommended:
• Maintenance activities and schedules, and longterm inspection procedures
• Controls on the discharge of pollutants from
streets, salt/sand storage areas, waste transfer
stations, etc.
• Procedures for disposing of waste from the MS4
• Ways to ensure new flood management projects
assess impacts on water quality
Storm Water Phase II Program
Timeframes for Implementation
• EPA to issue draft model General Permit: October 2000
• EPA to issue BMP menu: October 2000
• EPA to issue guidance on measurable goals: October
2001
• MDEQ to determine designation of small MS4s:
December 9, 2002
• MDEQ to issue General Permit: December 9, 2002
• Regulated MS4 Application (NOI) Due: March 10, 2003
• Construction Program: March 10, 2003
QUESTIONS?