Transcript Slide 1

Regulatory Review –
The Municipal Regional Permit &
More
Kristin Kerr,
EOA, Inc.
Commercial/Industrial & IDDE Stormwater
Inspector Training Workshop
April 25, 2012
Regulatory Update
• Stormwater Regulations
• Municipal Regional Permit Requirements
– C.4 Industrial/Commercial Site Controls
– C.5 IDDE
– C.12 PCBs Controls
– C.13 Copper Controls
• Statewide Stormwater Industrial Activities
General Permit
• SMCWPPP Organization & Resources
Why Do We Have a Municipal
Stormwater Permit?
• Since 1987 the federal Clean Water Act has
required municipalities to obtain permits to
discharge stormwater from municipal storm
drain systems
• These are National Pollutant Discharge
Elimination System (NPDES) Municipal
Stormwater Permits
• Larger municipalities’ permits called
Phase 1 and smaller ones Phase 2
Municipal NPDES Permitting
Authority
U.S. EPA
State Water Resource Control
Board
Regional Water Quality Control Board
9 regions
MS4s
Roles of State and Feds
State Water Bd. – Sacramento
Reg. Water Bd. –Oakland*
1. Day to day assistance and
oversight*
2. Adopt NPDES permits
3. Enforce NPDES permits, e.g.,
Notices of Violation &
Administrative Civil Liability
4. Identify water quality impairments
and planned solutions (TMDLs)
5. Updates regionwide Water
Quality Control Plan (Basin Plan)
U.S. EPA Hdqtrs. – Wash. D.C
U.S. EPA Reg. IX– S. F.
1. May audit your city’s stormwater
program and businesses in your
city
2. Approve NPDES permits adopted
by Water Bd.
3. Has independent permit
enforcement authority
4. Provides nationwide consistency
and some funding
5. Approves Basin Plan
What is the Municipal Regional Permit
(MRP)?
 Regional permit regulating municipal stormwater systems
 Adopted by Regional Water Board: October 14, 2009
 Effective date: December 1, 2009
 Applies to cities, counties,
and districts* in:
 San Mateo, Alameda,
Contra Costa, and Santa
Clara Counties
 Fairfield and Suisun City
(Solano County)
 Vallejo (Solano County)
*76 Permittees
What Do Municipal Stormwater
Permits Require?
If you only remember two general things:
I.
Implement controls to reduce the
discharge of pollutants in stormwater to
the maximum extent practicable, AND
II. Effectively prohibit
non-stormwater
discharges into the
storm drains
Commercial/Industrial Inspection
Requirements in the MRP
• Provision C.4
• Implement commercial & industrial site
inspection & control program
– at all sites that could cause or contribute to
pollution of SW runoff
• Implement with inspections, effective
follow-up and enforcement
• Prevent discharges of pollutants and
impacts on receiving waters
Commercial/Industrial Inspection
Requirements in the MRP
• Legal Authority
– to inspect sites;
– require compliance; and
– require sites have appropriate and effective
BMPs
• Staff Training
– Focused training annually
Commercial/Industrial Inspection
Requirements in the MRP
• Business Inspection Plan
– Prioritize inspections;
– Inspection frequency;
– Recordkeeping & Annual Reports – Facility
Lists;
Commercial/Industrial Inspection
Requirements in the MRP
• Business Inspection Plan
– Identify facilities by 8 activity areas
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Outdoor process and manufacturing
Outdoor material storage
Outdoor waste storage and disposal
Outdoor vehicle & equipment storage & maintenance
Outdoor wash areas
Outdoor drainage from indoor areas
Rooftop equipment
Other sources determined to have potential to contribute to
pollution of stormwater runoff
Industrial/Commercial Inspection
Requirements in the MRP
• Business Inspection Plan cont.
– Identify by types of facilities:
• NOI
• Vehicle salvage yards
• Metal and other recycled materials collection facilities, waste
transfer facilities
• Vehicle mechanical repair, maintenance, fueling or cleaning
• Building trades central facilities or yards, corporation yards
• Nurseries or greenhouses
• Building material retailers & storage
• Plastic manufacturers
• Other facilities determined to have potential to contribute to
pollution of stormwater runoff
Industrial/Commercial Inspection
Requirements in the MRP
• Enforcement Response Plan
– Implemented by April 1, 2010
– Enforcement Actions
– Timely correction of violations
• Before next rain event
• ≤ 10 business days
• Provide rationale if > 10 business days needed
– Referral & coordination with Water Board
Industrial/Commercial Inspection
Requirements in the MRP
• Recordkeeping
• Electronic database or table*
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Facility
Inspection date
Industrial General Permit coverage required
Compliance status
Type of enforcement
Type of activity or pollutant source
Specific problems
Problem resolution
Comments
• Annual Report – summary numbers should match
tabular data
* RB has requested permittees submit electronic data tracking tables
Illicit Discharge Inspection
Requirements in the MRP
• Provision C.5
• Implement program with centralized
complaint collection & follow-up
component and active surveillance
component
• Detect & control illicit discharges not
already controlled under C.4
Industrial/Commercial Site Controls and
C.6 Construction Site Controls
Illicit Discharge Inspection
Requirements in the MRP
• Legal authority to prohibit, control and eliminate
non-stormwater discharges
– Sewage
– Wash water from cleaning exterior surfaces,
pavement or equipment
– Runoff from material storage areas
– Pool or fountain water discharges containing chlorine,
biocides, chemicals or filter backwash
– Sediment, pet waste, vegetation clippings, landscape
or construction related wastes
– Food related wastes
Illicit Discharge Inspection
Requirements in the MRP
• Enforcement Response Plan
– Implemented by April 1, 2010
– Enforcement Actions
– Timely correction of violations
• Before next rain event
• ≤ 10 business days
• Provide rationale if > 10 business days needed
– Escalated responses to achieve compliance
Illicit Discharge Inspection
Requirements in the MRP
• Complaint Response
– Central contact point
– Spill/dumping response flow chart, phone tree
or contact list
– Conduct reactive inspections & follow-up
– Data Tracking*
• Complaint info
• Investigation info
• Response time
*SMCWPPP Excel Template
PCBs Controls
• Provision C.12.a
• Polychlorinated Biphenyls (PCBs)
• Incorporate PCBs & PCB-containing
equipment identification in existing
industrial inspections
– Document incidents
– Refer to appropriate agency
– Training*
*BASMAA Pollutant of Concern (POC) training materials
Copper Controls
• Provision C.13.d
• Industrial Sources
– Identify & include in inspection program facilities likely
to use copper or have sources of copper
– Consider roof runoff that might accumulate copper
deposits from ventilation systems on-site
– Ensure proper BMPs
– Inspector training*
• C.13.b Manage discharges from pools, spas &
fountains containing copper-based chemicals
*BASMAA Pollutant of Concern (POC) training materials
Statewide Stormwater Industrial
Activities General Permit
• New draft permit coming end of April
• Compliance regulated by Regional Water Board
staff
• Facilities file Notice of Intent (NOI)
• MRP requires SW Inspectors to:
– evaluate if coverage is needed under the General
Permit,
– Track if NOI was filed
– Refer non-filers to RWB staff
– Include NOI facilities in Business Inspection Plan
San Mateo Countywide Water
Pollution Control Program
ORGANIZATIONAL STRUCTURE
Regional Water Quality
Control Board
Sue Ma
NPDES Permit
Subcommittee
City/County Association of
Governments
(C/CAG)
Richard Napier, Executive Director
Technical Advisory Committee
Chair: Matt Fabry, NPDES General Program Coordinator
New Development and
Construction
Subcommittee
Public Works Municipal
Maintenance
Subcommittee
Public
Information/Participation
Subcommittee
Parks Maintenance and
Integrated Pest Management
Work Group
Commercial/Industrial/Illicit
Discharge (CII)
Subcommittee
Watershed Assessment and
Monitoring
Subcommittee
Trash Work Group
SMCWPPP Assistance
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CII Subcommittee Meetings
CII Training Workgroup Meetings
SMCWPPP Orientation Training materials
BASMAA Pollutants of Concern (POC)
training materials for PCBs and Copper
• Website: www.flowstobay.org