Transcript Document 7251379

RIPDES Storm Water Program:
Municipal Separate Storm Sewer Systems (MS4s)
Who is Regulated under Phase II?
Rule 31(a)(5)
 Municipalities are automatically designated if their
small municipal separate storm sewer system (MS4)
is located either completely or partially within an
urbanized area (UA) or densely populated area (DPA)
 Federal, State, and Quasi-State facilities serving an
average daily population of equal to or greater than
1,000 persons regardless of location
 Department of Transportation (DOT) MS4s in UAs,
DPAs, and areas qualifying as divided highways
 MS4s designated on a case by case basis
What is an MS4?
Rule 31(b)(8)
A municipal separate storm sewer system (MS4) is:
A conveyance or system of conveyances... owned by a State,
city, town, or other public entity that discharges to waters of
the U.S. and is:
– designed or used for collecting or conveying storm water
– not a combined sewer
– not part of a Publicly Owned Treatment Works (POTW)
What is a “small” MS4?
Rule 31(b)(17)
A small MS4 is any MS4 that is not already designated
and regulated as a medium or large MS4, and includes
Federally, State and Quasi-State operated systems.
Urbanized Areas
Rule 31(b)(20)
A central place (or places) and the adjacent densely
settled surrounding territory that together have a
minimum residential population of 50,000 people and
a minimum average density of 1,000 people/square
mile.
EPA Requires RIPDES to
Develop Designation Criteria
EPA’s recommended criteria:
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High population density
High growth or growth potential
Discharge to sensitive waters
Contiguity to an urbanized area
Significant contributor of pollutants to
waters of the U.S.
Ineffective protection of water quality by other
programs
Densely Populated Area
Rule 31(b)(21) & (b)(22)
 Based on census designated places (CDPs),
which are comprised of densely settled
concentrations of population and are
delineated by the U.S. Bureau of Census.
To qualify as a DPA:
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Population within CDP is = or > than 1,000
people per square mile; and
The CDP has or is part of a block of
contiguous CDPs with a total population of
at least 10,000 people.
Map of UAs, DPAs, and Divided Highways
Sensitive Waters
Rule 31(b)(23-25)
Small MS4s must be protective of Special Resource
Protection Waters (SRPWs), Outstanding National
Resource Waters (ONRWs), and Impaired Waters
Statewide.
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Regulated Small MS4s partially located within UAs or
DPAs need to expand coverage throughout the
jurisdiction in 2nd permit term or demonstrate
adequate protection of these resources
Small MS4s located outside of UAs or DPAs need to
demonstrate adequate protection of these resources
or apply for permit
Waiver under Rule 31(g)(5)(i)
(available to 5 communities)
– The small MS4 has a population of less than 1,000 within
an UA or is located within a DPA
– The small MS4 is not contributing to the pollutant
loadings of a physically interconnected regulated MS4
– If the small MS4 is discharging to an impaired water
body, storm water controls are not needed based on a
TMDL that addresses the pollutants of concern
– If the small MS4 is discharging to an impaired water
body and no TMDL has been completed, small MS4
required to submit plan to develop and implement
minimum measures 1,3, and 6.
Waiver under Rule 31(g)(5)(ii)
(available to 7 communities)
– The small MS4 is located within jurisdiction with UA’s
or both UA’s and DPA’s that have a population of less
than 10,000
– The small MS4 evaluated all waters that receive a
discharge from the small MS4
– The small MS4 has demonstrated that storm water
controls are not needed based on a TMDL or
equivalent analysis that addresses the pollutants of
concern
– The small MS4 has demonstrated that future
discharges will not impact water quality.
Waiver under Rule 31(g)(5)(iii)
(available to 8 communities)
Small MS4s located outside urbanized areas and
densely populated areas, or previously waived and that
discharges to SRPWs, ONRWs, or Impaired Waters will
be required to obtain a permit unless:
– Provide coverage for all SRPWs, ONRWs, or impaired
waters
– Demonstrate that existing and future discharges from
the MS4 do not have the potential to result in water
quality impacts including habitat and biological impacts
Program Requirements
Rule 31(e)(3)
Required to develop, implement and enforce a program to:
– Reduce the discharge of pollutants to the maximum
extent practicable (MEP)
Six Minimum Control Measures
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Public Education and Outreach
Public Involvement/Participation
Illicit Discharge Detection and Elimination
Construction Site Runoff Control
Post-Construction Runoff Control
Pollution Prevention/Good Housekeeping
Public Education
and Outreach
Requirements:
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Implement a public education
program to distribute educational materials in the
community or conduct equivalent outreach activities
regarding impacts and pollution prevention
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Determine appropriate best management practices
(BMPs) and measurable goals
Public Involvement
/Participation
Requirements:
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Comply with applicable State and
local public notice requirements
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Determine appropriate best
management practices (BMPs) and
measurable goals
Illicit Discharge Detection
and Elimination
Requirements:
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Develop a storm sewer map, showing
the location of all outfalls and the
names and location of all waters of
the State that receive discharges from
those outfalls
Develop ordinances or other
regulatory mechanisms to prohibit
non-storm water discharges into the
MS4
Ensure program can take appropriate
enforcement actions
Illicit Discharge Detection
and Elimination
Requirements (continued):
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Develop and implement a plan to detect and address
non-storm water discharges, including illegal
dumping into the MS4
Educate public employees, businesses, and the
general public about the hazards associated with
illegal discharges and improper disposal of waste
Determine appropriate best management practices
(BMPs) and measurable goals
Construction Site
Runoff Control
Requirements:
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Develop and ordinance or other
regulatory mechanism (with penalties
to ensure compliance), that requires
the implementation of proper erosion
and sediment controls, and controls for other wastes
Procedures for site plan review site of construction
plans that consider potential water quality impacts as
well as site inspection and enforcement of control
measures
Construction Site
Runoff Control
Requirements (continued):
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Establish procedures for the receipt and consideration
of information submitted by the public
Determine appropriate best management practices
(BMPs) and measurable goals
Post Construction
Runoff Control
Requirements:
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Develop and implement
strategies which include a combination of structural and/or
non-structural BMPs
Develop an ordinance or other regulatory mechanism
requiring the implementation of post-construction runoff
controls
Ensure adequate long-term operation and maintenance of
controls
Determine appropriate best management practices (BMPs)
and measurable goals
Pollution Prevention
/Good Housekeeping
Requirements:
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Develop and implement an
operation and maintenance program with the
ultimate goal of preventing or reducing pollutant
runoff from municipal operations into the storm
sewer systems
Include employee training on how to incorporate
pollution prevention/good housekeeping techniques
into municipal operations
Determine appropriate best management practices
(BMPs) and measurable goals
Regulated Small MS4
Permit Requirements
Rule 31(e)(3)
Must submit an Storm Water Management Program Plan
(NOI) or individual permit application and identify the
following elements for each minimum control measure:
– Best management practices
– Measurable goals
– Timing, interim milestones, and frequency of actions
– Responsible persons
– Must include recommendations of TMDL
Deadline for Small MS4
Compliance: Rule 31(f)(8)
Permit Application Deadline: March 10, 2003
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Small MS4s located in UAs or DPAs
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Federal or State small MS4s serving an average daily
population of equal to or greater than 1,000
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DOT small MS4s located in UAs, DPAs, or serves a divided
highway
Permit Application Deadline: March 10, 2008
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Small MS4s discharging to SRPWs, ONRWs, Impaired Waters,
if a waiver has not been granted under Rule 31(g)(5)(iii)
Deadlines for Small MS4
Compliance: Rule 31(f)(9)
Waiver Application Deadline: March 10, 2002
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Small MS4s seeking waiver under Rule 31(g)(5)(i) &
31(g)(5)(ii)
Waiver Application Deadline: March 10, 2007
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Small MS4s seeking waiver under Rule 31(g)(5)(iii)