Loading...
HomeMy WebLinkAbout24-03 RESOLUTION• • RESOLUTION NO. 24-03 A RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SUBMIT THE CITY OF FAYETTEVILLE'S "STORM WATER PHASE 11" PERMIT APPLICATION TO THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or his designee to submit the City of Fayetteville's "Storm Water Phase II" permit application to the Arkansas Department of Environmental Quality. PASSED and APPROVED this 18th day of February, 2003. { • E`ertAPPROVED: e \big ., ; DAN COODY, M �laatsi: By: _AO SONDRA SMITH, City Clerk FAYETTE* LLE TNT CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Jim Beavers Engineering From: Clarice Buffalohead-Pearman City Clerk Division Date: February 25, 2003 Re: Res. No. 24-03 Attached is a executed copy of the above resolution authorizing the mayor or his designee to submit Storm Water Phase II permit application to the ADEQ. If anything else is needed please let the clerk's office know. /cbp Nancy Smith, Internal Auditor STAFF REVIEW FORM x AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 18, 2003 FROM: • Jim Beavers Engineering CPE Services Name Division Department ACTION REQUIRED: Approval of a Resolution authorizing the Mayor or his designee to submit the City of Fayetteville's "Storm water Phase II" permit application to the Arkansas Department of Environmental Quality (ADEQ). Such permit application shall be submitted no later than March 10, 2003. Compliance shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. COST TO CITY: $ TBD Cost of this Request 4470-9470-5817.00 Account Number 02097 Project Number $200,000 Category/Project Hudget 2003 Funds Used To Date 2003 $200,000 Remaining Balance 2003 Bridge and Drainage Category/Project Name Drainage & Phase II Program Name Sales Tax Fund BUDGE REVIEW: udgeiManager �— x Budgeted Item Budget Adjustment Attached Finance and Internal Services Director CONTRACT/GRANT/LEASE REVIEW: '1941/1,464 //2y/o3 Accounting Manager l Date GRANTING AGENCY: c-Snti, /49 103 Internal RQditor Date • • City � Date ADA Coordinator Date Purchasing Officer I [3 11a -s Date Grant Coordinator Date STAFF RECOMMENDATION: Approval of the requested resolution fi/,rto O/ -?7 O 3 ivision Head Department Director Date Cross Reference 08-o3 Date New Item: Yes_ No x Prev Ord/Res it: 102-02 Fihiance and Internal Services Director Date July 2 2002 Orig Contract Date: Orig Contract No: • • STAFF REVIEW FORM Page 2 Description Storm water Phase II Meeting Date Februaryl8 2003 Comments: Budget Manager Reference Comments: Accounting Manager City Attomey Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Dan Coody, Mayor Fayetteville City Council Thru: Staff Review //'' From. Jim Beavers, Engineering- Date: January 27, 2003 Re: City Council Meeting February 18, 2003, Storm water "Phase 1I NPDES" Requirements, Request for the City Council to Authorize the Mayor to submit the City's application to the Arkansas Department of Environmental Quality (ADEQ). 1. Background The City of Fayetteville, in compliance with Federal Law, is required to submit an initial application to the Arkansas Department of Environmental Quality (ADEQ) no later than March 10, 2003 for the "Phase 11" National Pollution Discharge Elimination System (NPDES) Storm Water requirements. The application should be approved and signed by the Mayor or his specified designee. Specific background information is included in an accompanying memorandum (Enclosure 1) and attachments (Enclosures 2 — 8). 2. Current Status The Phase 11 Rule requires that affected entities submit a permit application by March 10, 2003. The City will have up to 5 years to implement the plan. The EPA Fact Sheets recommend 4 year schedules to prepare and implement the requirements. Additional guidance concerning the time line and submittal requirements is anticipated from the Arkansas Department of Environmental Quality (ADEQ) in 2003. (The EPA and ADEQ are late in providing general submittal recommendations and requirements, ADEQ guidance is not anticipated prior to the submittal deadline). 3. Recommendation/Request A. Immediate help from the City Council: Page 1 of 2 • • Staff requests that the City Council approve a Resolution authorizing the Mayor or his designee to submit thc City of Fayetteville's "Storm water Phase II" permit application to the Arkansas Department of Environmental Quality (ADEQ). Such permit application shall be submitted no later than March 10, 2003. Compliance shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. Please note as of this date (January 27, 2003) the submission has not been drafted. Two possible drafts are included as Enclosures 5 and 6. The final submittal will be developed by staff with assistance from Administration, the City Attorney's Office and guidance from the City Council. The submission will be standard and generic in nature and allow the City additional time to formulate specific actions and/or future ordinances. 13. Further guidance and opportunities: As the program and plan is developed and implemented, the City Council, Administration and the public will have opportunities to provide guidance. Such guidance may include input on the plan, the new and/or revised ordinances, and policy decisions. One very important policy decision to be made will be the City of Fayetteville's definition and application of "Maximum Extent Practicable". Competing interests within the community and the region have expressed differing views on "Maximum Extent" and "Practicable". Enclosures. 1. Memorandum dated January 24, 2003, Storm Water Phase 11 Requirements, Jim Beavers. 2. Copies of the power point presentations from the January 23, 2003 Phase 11 meeting held at thc Fayetteville Town Center: A. Brent Larson (EPA), B. Findlay Edwards (U of A Professor), C. Richard Mays (Environmental Attorney). 3. Copies of EPA Phase 11 Facts Sheets 1.0, 2.0, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 3.0, 3.1, 4.0. 4. Population for Storm Water Entities as Defined by the 2000 Census and published by the EPA. 5. Draft model permit (EPA). 6. Draft model permit Asist, Inc. (under review by the NWARPC focus group). 7. Environmental storm water structure lid. 8. Informational brochure developed by the University of Arkansas Cooperative Extension Service. Page 2 of 2 • • Enclosure 1 Memorandum dated January 24, 2003, Storm Water Phase II Requirements, Jim Beavers FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Dan Coody, Mayor Fayetteville City Council From. Jim Beavers, Engineering. i... � Date: January 24, 2003 Re: City Council Meeting February 18, 2003, Storm water "Phase]] NPDES" requirements - Supplemental information. 1. Introduction: A. March 10, 2003 application deadline. The City of Fayetteville, in compliance with Federal Law, is required to submit an initial application to the Arkansas Department of Environmental Quality (ADEQ) no later than March 10, 2003 for the "Phase II" National Pollution Discharge Elimination System (NPDES) Storm Water requirements. B. Background. The Federal Water Pollution Control Act Amendments of 1972, more commonly known as "The Clean Water Act" (CWA) was enacted October 18, 1972 (PL 92-500). This law required and enabled Local, State and Federal water quality programs and requirements. Goals of the CWA include the elimination of discharged pollutants to Waters of the U.S. and to restore all waters to "fishable and swimable". Polluted storm water runoff, including chemicals, nutrients, sediments and siltation, has been cited as a cause of impairment for waterways and water bodies. This impairment contributes to loss of aquatic habitat, loss of aesthetic value, loss of recreational waterways and potential threats to public drinking water supplies and public health. The 1987 amendments to the Clean Water Act (CWA) authorized the Environmental Protection Agency (EPA) to regulate non -point source discharges including storm water discharges. The regulation has been implemented through a phased program using the National Pollution Discharge Elimination System (NPDES). Page 1 of 9 • • The "Phasc I" NPDES Storm water rule was implemented in November 1990. This rule addressed storm water discharges from Medium and Large municipal Separate Storm Sewer Systems (MS4's) for urbanized areas with a population greater than 100,000, for all construction sites with disturbed areas greater than 5 acres and ten categories of industrial activities. The City of Little Rock is the only "Phase I" city within Arkansas. The "Phase I" requirements included regulation of the construction activities disturbing 5 acres or greater, certain industrial storm water runoff, mandatory monitoring, permit specific requirements and permit specific activities. The "Phase II" Storm water Final Rule was approved October 1999 and published in the Federal Register on December 8, 1999 (64FR96722). "Phase II" NPDES will regulate Small MS4's within urbanized areas, construction sites with disturbances of 1 - 5 acres and certain industrial activities. "Phase II" requirements will differ from "Phase I" in that monitoring is to be established by the "Permitting Authority", the Small MS4's are required to formulate a storm water management plan based upon "best management practices", develop measurable goals based upon reducing pollution to the "maximum extent practicable" and develop a time frame of up to five years to implement the program. 2. Phase 11 Final Rule Requirements. A. Affected Municipalities and Urbanized areas. Urbanized areas have been defined by the EPA as a central place (or places) and the adjacent densely settled surrounding area that together have a minimum population of 50,000 and an average density of 1,000/square mile in the core area plus a band with an average density of 500/square mile. The MS4's include the urbanized areas and interconnected systems. Area Municipalities affected by the Phase II requirements include Fayetteville, Springdale, Rogers, Bentonville, Elkins, Farmington, Johnson, and Greenland. Please refer to Enclosure 4 for specific locations listed in Arkansas by the EPA. The Permitting Authority (ADEQ), has the authority to phase in the requirements or exempt from the requirements those municipalities with a population of less than 10,000 where ADEQ can provide documentation of "no potential for significant water quality impairment". B. Specific Requirements of the Rule. The Phase II Final Rule (law) includes six specific requirements: 1. Public education and outreach 2. Public involvement and participation 3. Illicit discharge detection and elimination 4. Construction site storm water runoff control 5. Post construction storm water management in new development and redevelopment Page 2 of 9 6. Pollution prevention/good housekeeping for municipal operations Each of the six specific requirements noted above have detailed and specific requirements which include: 1. Best Management Practices (BMPs) 2. Measurable goals 3. Schedule of action(s) 4. Responsible person (s) 5. Record keeping 6. Reporting Other requirements to implement the program will include: 1. System Inventory and designation of outfalls. 2. Operation and maintenance of the drainage system. 3. An ordinance prohibiting illicit discharges. 4. Storm Water Pollution Prevention Plans may be required for construction sites including individual residential lots that are a part of the overall development plan (awaiting final decision by ADEQ). 5. Note that monitoring is not required in Phase II by the EPA but may be added by the Permitting Authority (ADEQ) or the local municipality. (source: EPA/40 CFR Parts 9,122,123 and 124; EPA Region 6/Brent Larson) C. Delegation of Authority and Responsibility: EPA >> ADEQ» Municipalities (MS4's) FPA: * Oversight of program/regulation * Referrals (problems that the municipalities and States cannot resolve) * Evaluations State ADEQ: * Administration of program/regulation * Enforcement * Reviews of reports and actions of permittees * Data entry • Evaluation of program Page 3, of 9 Municipalities/MS4's/Permittees: • Implementation of the regulation specifics * Inspection • Enforcement • Reporting The EPA is delegating the responsibility for inspections and compliance to the Permitting Authority (ADEQ) which is in tum delegating the responsibility to the City. Currently all construction activities which disturb 5 acres or greater are permitted by the State. The City does not enforce the specifics of the State's requirements. The City does enforce the City's "Grading" and "Drainage" Ordinances. As the Storm Water Phase 11 Rule is implemented, the disturbed area requirements drops to I acre or greater and the municipalities arc the enforcement agency. The EPA and State requirements for storm water pollution prevention plans arc currently more stringent than the City's. The City and ADEQ must verify the requirements as the plan is implemented over the next five years. 3. The City of Fayetteville. a. Representatives from the Engineering Division have attended seminars concerning Phase II sponsored by the EPA, American Public Works Association, the University of Arkansas and manufacturing representatives. b. We participate with other local representatives and citizens in the NWA Regional Planning Commission's Storm Water Focus group. c. The City of Fayetteville is ahead of most municipalities in that we have, and enforce, ordinances to control grading and drainage including construction site erosion control and post construction water quantity. The City's existing ordinances are good starting positions but do not fully develop the requirements for Phase II water quality. d. On May 2, 2002 Engineering amended the City of Fayetteville's Drainage Criteria Manual to require the use of a Phase II environmental message on all new storm water structure lids. A copy of the requirement is attached as Enclosure 7. e. The City will continue to develop the plan and time schedule in compliance with EPA guidelines, ADEQ directives and the City Council's guidance. f. The City of Fayetteville's submittal for March 10, 2003 deadline will be developed by staff with assistance from Administration and the City Council as applicable. The submitted plan/permit will be standard and generic in nature in that it will allow the City additional time to Page 4of9 • • formulate any specific actions and/or future ordinances. Such plan or permit shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. There will be many opportunities and challenges to formulate the City's plan. Such opportunities include public education and public participation. Challenges include new policies on drainage maintenance including channels and detention ponds and the struggle to balance Phase II water quality standards with the goals of a developer friendly region. 4. NWARPC storm water focus group. The NWA Regional Planning Commission (NWARPC) Storm Water Focus Group has been meeting regularly since May 2002 to develop Public Education and Public participation tools, share information and knowledge and to further work together on the plan/permit application. The focus group includes representatives from Regional Planning, the University, the Cooperative Extension Service, Arkansas Soil and Water Conservation Commission (ASWCC), the Cities of Bentonville, Rogers, Springdale, Fayetteville, Farmington, Greenland, Bethel Heights, Washington County and interested private citizens. The Focus Group's objective is to formulate BMP's and Tools which may be applied cohesively across the Northwest Arkansas (NWA) region. 1t is desired that all NWA communities adopt a general standard set of BMP's and requirements to protect the watersheds, to provide a common set of requirements for developers and builders and to help to provide a level competitive atmosphere between NWA municipalities. Further the cooperation within the NWARPC focus group should reduce the planning and permit development costs to any given entity. The NWARPC focus group also promotes the potential cooperation with the University, the Arkansas Highway and Transportation Department, and other municipalities; and opens for discussion the potential for Watershed or Regional storm water districts. It is noted that the NWARPC has no regulatory powers and each municipality may enact requirements that are different from or more stringent than the base BMP's and Tools developed by the focus group. Congressman Boozman's Office, The Cooperative Extension Service and the NWARPC Focus Group hosted the NWA Regional Storm water Phase II meeting held this past January 23 at the Town Center. Elected officials from NWA communities were invited. Copies of the presentations ("Overview of the Storm water Program", Brent Larson; "What do the New Storm water NPDES Regulations mean for Northwest Arkansas?", Dr. Findlay Edwards; "Municipal Storm water Management Enforcement Considerations", Richard Mays), from the January 23 meeting are attached (Enclosure 2). Page 5 of 9 5. Arkansas Department of Environmental Quality. The EPA has delegated the Permitting Authority to the Arkansas Department of Environmental Quality. Although, ADEQ had previously committed to providing additional information to the affected urbanized areas in January or February 2003, ADEQ reported on January 23, 2003 that the information would not be available until after the permit submittal deadline of March 10, 2003. ADEQ reports that the EPA has been late in providing information to ADEQ and thus ADEQ will be late in providing information to the Cities and other MS4's. Lacking specific guidance from the Permitting Authority (ADEQ) the City's submittal must be standard and generic in nature such that it will allow the City additional time to formulate any specific actions and/or future ordinances 6. Estimated costs and Funding source. A. Estimated costs to implement and administer the program. Implementation. Fayetteville will develop the program 'in-house" within the City's Engineering Division cooperating with other applicable Divisions which may include Transportation and Water/Sewer. Other municipalities which do not have in-house engineering may find it necessary to hire consultants to establish their program and obtain their permit. The cooperation within the NWARPC focus group should lessen the costs to any one entity. The EPA estimates that the first year costs of the program will range from S1.39 to S7.83 per capita. For a City of 50,000 this will be $69,500 to $391,500. (Source: EPA Region 6/Brent Larson) Administration. Additional staff may be required to perform the functions and requirements noted in the regulations. Staffing requirements will be formulated over the next 1 — 4 years as the plan specifics are determined and implemented. The additional staff may include engineers, scientists, inspectors and maintenance workers. Portions of such work may be contracted to area providers in lieu of additional staffing. The EPA estimates that the annual costs to administer the program will range from $1.23 to 55.73 per capita. For a City of 50,000 this will be $61,500 to $286,500. (Source: EPA Region 6/Brent Larson) The Regulation (Rule) lists the national average annual costs as $9.16 per household. Please note that we understand that the estimates given represent a significant range of values. Plan reviews, reporting, inspections and maintenance will be key elements of the permit. Certain Page 6 of 9 • • Phase I municipalities have found it necessary to add maintenance crews dedicated to additional maintenance of inlets, boxes, catch basins, ponds, ditches, channels ... A more accurate determination of the costs will be determined as the plan is implemented over the next 1 — 4 years. B. Funding. The Regulation is an "unfunded mandate". Potential sources for funding include: * General Funds * Sales Tax ' General Obligation Bonds * Impact and Service Fees * Special Assessment Districts * Storm Water Utility Based upon presentations at EPA seminars, the Storm Water Drainage Utility appears to be a popular approach for Phase 1 Cities in Oklahoma and Texas. Average charges for residential properties are $2.00 -3.00 per month. Commercial and Industrial charges are based upon measured impervious arca. The Arkansas Legislature approved regulations in 2001 (Bill 1737) to allow the formation of storm water utilities and regional storm water utilities. Advantages of a Storm Water Utility: * Does not take General Funds or Sales tax funds away from existing programs or projects. * Fees based upon the measured or averaged amount or percentage of impervious coverage. * Stable source of income. * Allows for increased maintenance of the drainage system including flood prevention. * Must be equitable and fair and conform to State law. * Potential credits for on-site improvements. * Can use existing billing system (water bill, solid waste, etc.) The City of Fayetteville has budgeted Sales Tax (Capital Improvement Program) money for the design and initial implementation of the program. Storm drainage maintenance is a regularly budgeted item with the Transportation (Street) Division's budget. The City of Fayetteville may be interested in investigating a Storm Water Drainage utility for the perpetual administration of the program. Such investigation of forming a utility will include guidance from the citizens and elected officials. Page 7 of 9 • • 7. Phase 11 Proposed Time Line/Schedule. The City of Fayetteville will have time to complete and implement the plan. The Rule requires that the affected entities submit the general plan or permit by March 10, 2003. The City will have up to 5 years to implement the plan. The EPA Fact Sheets recommend 4 year schedules to prepare and implement the requirements. Copies of the EPA Fact Sheets are attached as Enclosure 3. Additional guidance concerning the time line and submittal requirements are anticipated from ADEQ in 2003. 8. Requested Resolution and Authorization. A. Immediate help from the City Council: Engineering requests that the City Council approve a Resolution authorizing the Mayor or his designee to submit the City of Fayetteville's "Storm water Phase II" permit application to the Arkansas Department of Environmental Quality (ADEQ). Such permit application shall be submitted no later than March 10, 2003. Compliance shall be phased over a time period of up to five years according to a schedule to be developed with ADEQ complying with all Federal and State requirements. Please note as of this date (January 24, 2003) the submission has not been drafted. Two possible drafts are included as Enclosures 5 and 6. The final submittal will be developed by staff with assistance from Administration, the City Attorney's Office and guidance from the City Council. The submission will be standard and generic in nature in that it will allow the City additional time to formulate specific actions and/or future ordinances. B. Further guidance and opportunities. As the program and plan is developed and implemented, the City Council, Administration and the public will have opportunities to provide guidance. Such guidance may include input on the plan, the new and/or revised ordinances, and policy decisions. One very important policy decision to be made will be the City of Fayetteville's definition and application of "Maximum Extent Practicable". Competing interests within the community and the region have expressed differing views on "Maximum Extent" and "Practicable". Page 8 of 9 • • 9. Additional resources. There are numerous public and private resources including texts, model ordinances, BMP's, and websites available to help plan and implement the "Phase II" requirements. Some of the best have been produced by the EPA and are available at EPA and related websites. Such resources include the EPA Fact Sheets for Storm Water Phase II (Enclosure 3). Other excellent local resources include Findlay Edwards, P.E., PhD, University of Arkansas, Katie Teague, University Cooperative Extension Service, Bob Morgan, ASWCC, NWARPC and the Focus Group. The efforts of the University of Arkansas Cooperative Extension Service deserve special recognition for their ongoing public education programs for young people and adults in Fayetteville and NW Arkansas. 10. Enclosures. 1. This memorandum dated January 24, 2003, Storm Water Phasc 11 Requirements, Jim Beavers (presented as an enclosure to the cover memorandum dated January 27, 2003). 2. Copies of the power point presentations from the January 23, 2003 Phase II meeting held at the Fayetteville Town Center. A. Brent Larson (EPA), B. Findlay Edwards (U of A Professor), C. Richard Mays (Environmental Attorney). 3. Copies of EPA Phase Il Facts Sheets 1.0, 2.0, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 3.0, 3.1, 4.0. 4. Population for Storm Water Entities as Defined by the 2000 Census and published by the EPA. 5. Draft model permit (EPA). 6. Draft model permit Asist, Inc. (under review by the NWARPC focus group). 7. Environmental storm water structure lid. 8. Informational brochure developed by the University of Arkansas Cooperative Extension Service. Page 9 of 9 Enclosure 2 Copies of the power point presentations from the January 23, 2003 Phase 11 meeting held at the Fayetteville Town Center. A. Brent Larson (EPA), "Overview of the Storm water Program" B. Dr. Findlay Edwards (U of A Professor), "What do the New Storm water NPDES Regulations mean for Northwest Arkansas?" C. Richard Mays (Environmental Attorney) "Municipal Storm water Management Enforcement Considerations" Vi J What Do States Identify as the Leading Causes and Sources Affecting Impaired Waters? • Leading Causes: Siltation, nutrients, bacteria, metals (primarily mercury), and oxygen depleting substances • Leading Sources: Pollution from urban and agricultural land that is transported by precipitation and runoff Why is Storm Water a Problem? • Developed and disturbed land contributes to problems — Quality — Quantity • Other pollutants enter storm sewer systems and pollute storm water - Illicit discharges — Illicit connections Sources of Impairment • According to 2000 305b report, of the 32% of the nations waters that wee assessed, 40% were impaired: - Riven di Shoes: 19% assessed, 39% impaled. 11%of impalement the to urban nano®storm sewers - rib & Pends: 43% assessed, 45% impaired, 1S% of impairment Ate to urban nmoWstorm sewers - Emu sloe: 36% assessed 51% impaired, 32% of impairment doe to urban nmofVstorm sewers - >50% of impaired shoreline mile art impaired die to urban nmotnstoem sewers Storm Water Pollutants • Sediment • Nutrients • Bacteria • Oxygen Demand • Oil and Grease • Trace Metals • Toxic Chemicals • Chlorides • Thermal Impacts Potential Impacts from Storm Water • Destruction/Degradation of aquatic habitat • Accelerated loss of storage in lakes/reservoirs • Diminished water rcCrcatina experieaeea • Reduced aesthetic and preservation values • Increased hydroelectric facility impairment • Accelerated scream bank erosion • Increased flood damages • Reduced infiltratioa/grotmdwater recharge Some Impaired Waters in Arkansas and White River Basins • Stone Dam Creek— nutrients • Whig Creek — nutrients • Poteau River —metals • Clear Creek — siltation/turbidity • Town Branch — nutrients • Hicks Creek — nutrients • White River— siltation • Holman Creek- nutrients 0 S Impairment - TMDLs • Total Maximum Daily Load is required for all impaired waters • Storm water point sources must be included and assigned a portion of the available load • Permits must be consistent with the TMDL • Enhanced commercial, recreational and subsistence Sd.ing • Enhanced oppommities for swimming, boating and noncontact recreation • Reduced flood damage • Drinking water benefits • Navigational benefits • Reduced illness from consuming contaminated seafood and swimming in contaminated water • Enhanced aesthetic value Clean Water Act -1977 Received its common name now used by public and industry. First legislative use of the term "Best Management Practices" - primarily describing activities performed for compliance with NPDES permits to meet ESA requirements. WHY REGULATE STORM WATER? CWA A "Fishable/Swimmable" goal Water Quality Inventory Reports indicate storm water is a large source of impairment Preventing degradation of good water quality Goa/s of 1972 Federal Water Pollution Contro/Act Eliminate discharge of pollutants to waters of the U.S. All waters of the U.S. should be fishable and swimable by 1985. While only 1/3 of of wizen of U.S. met this criteria in 1972, around 2/3's of waters of the US. now meet this standard. First Decade Dilemma • Many NPDES permits issued. • Scientific effluent data supports improved water quality in 305(b) reports to Congress. • Many water bodies removed from the 303(d) list of impaired water bodies. • However, the goals of the Act are not being achieved in that all waters of the U.S. are not fishable and swimable. NURP • National Urban Runoff Program report. • Authorized by Congress. • Started in 1978. • Final reportto Congress in 1983. • Concluded that there was no way to achieve the goals of the Act without addressing urbanized discharges (storm water). Water Quality Protection Act -1987 • Section 402(p) requires EPA to permit storm water discharges. EPA Promulgated regulations in a phased approach. November 16, 1990 Final Phase I Rule • Permit Applications Required for Storm Water Discharges From: — MS4s Saving Population >100,000 - 11 Categories of lndusvia/Activhy - Construction Oro S Aoa Covered as Indruoial Acdviry Natural Resource Defense Council Primary environmental gipjudicially and legislatively pursuing implementation of federal storm water requirements. Early 1980's was both suing EPA for failure to implement NPDES storm water permits and was lobbying congress to reauthorize the Act with specific storm water provisions. Their judicial suits were the first to point out EPA's legal authority to administer large numbers of perminees through a general permitting program. How is Storm Water Regulated Under the NPDES Program? Phase I: Regulates discharges from large and medium MS4s (100k+ pop.) and industrial activity (includes construction 5+ acres) • Phase 11: Regulates discharges from small MS4s (Urbanized Areas & MS4 Designations 10-50K) and small construction (1-5 acres) tn 1 a •t• L.! tl • Final Rule Published 12/8/99 • Phase 11 Sources Covered: — Regu/ated'Small MS4s - Consorrdion Under S Aga - No New In dustdat/CommerdalSag rces • New Phase I "No Exposure" exemption • Deadline for ISTEA small municipality Phase I industrial activities • s!r•u :z•WtMC7iip/Ik≤I&V,Ti7lfx,p Automatic Nationwide Designation: All Small MS4s Located Within "Urbanized Areas" (UAs) Includes Federal Storm Sewer Systems in Urbanized Areas Fayetteville -Springdale Fort Smith (AR -OK) Hot Springs Jonesboro Little Rock Memphis (TN -MS -AR) Pine Bluff Texarkana (TX -AR) Phase II Cost Estimates it • ttt g a:.�z• pair tS! A central place (or places) and the adjacent densely settled surrounding area that together have a minimum population of 50.000 and an average density of J,000/so.mi. in core area plus band with 500/sq. mi. (Bwvw of the Cmsus geop.Das liken it to flying ova an urtw flea rod drawing a Imo wound the built-up. de doped atn a sem Enna the ait) �: fig: Yr�r•u s• • c�! u.: � � �aat .a! - tares Basis for Estimates • City with 50,000 • Moderate Development Pressure • Absolute bare minimum vs. really trying to address current and head off future problems • Heavy reliance on other programs vs. stand alone program Cost Comparison (per capita) Program Initial Year Annual Very Basic $0.75 $1.63 Expanded $6.16 $7.64 EPA Estimate $ 1.39 to $7.83 $1.23 to S5.73 Reducing "New"Costs • Build on existing programs • Don't reinvent the wheel • Regional cooperation What can you do in-house? HOT TOPICS EPA BMP and Measurable Goal Guidance — On Web Now • "Circuit ruled on Phase I1 challenges - 1/14/03 Andes Cost Range Est. for 50,000 pop. M54 Program • Year 1: $37,600 to $308,150 • Year2-5: $81,700-$381,850 • Note: Andy warns Minimum Program may not pass muster with EPA/State EPA: Phase 11 Net Total uefi • Estimate somewhere between a $34 million benefit to a $531 million cost • NOTE: Much harder to quantify cost benefits - what is clean water worth to quality of life, desirably of living in one community over another, tourism, reduced health risks, etc. • Region 6: www.eya.gov/reg1on6/sws (permits) www.ena.2ov/rernon6/sw (enforcement) • SWMRC: www. slormwatercenter. net/ What Do the New Stormwater NPDES Regulations Mean for Northwest Arkansas? Findlay G. Edwards, Ph.D., P.E. Department of Civil Engineering University of Arkansas NPDES Phase II Regulations Y, For MS4s, I ,,ter Construction Sites, = r and Industries Public Education and Outreach Why? • Greater public support • Greater compliance What is required? • Implement a public education program • Develop measurable goals for this control measure flow? • Educational displays, pamphlets, filers, booklets • TV, radio, newspaper PSAs • Presentations to classes at schools • Utility bill Inserts • Webpege What is Required for Municipal Separate Stormwater Systems (MS4s)? Six Minimum Control Measures for MS4s • Public Involvement and participation • Public education and outreach • Illicit discharge detection and elimination • Construction site storm water runoff control • Postconatrunlon storm water management • Pollution prevention or good housekeeping for municipal operations Public Involvement and Participation Why? • Greater public support • Shorter Implementation schedule • Broader bean of expertise end economic benefit What Is required? • Comply with public nods requirements • Implement a public involvement program • Develop measurable goals for this control measure :EP.si • Stakeholders meetings • Surveys • Watershed organizations • Adopt -a -stream, Inlet stenciling Illicit Discharge Detection and Elimination Why? • To ellminats wastewater In storm water • To Nlminate hazardous wastes in storm water What Is required? • Know the stormwatar system • Prohibit Illicit discharges • Develop measurable gosh for this control measure How? • Public education • Map the •tomwater system (Inc. discharge points) • Pus an ordinance prohibiting Illicit discharges • Enforce the ordinance Construction Site Runoff Control Measure How? • Pass en ordinance requiring Implementation of E&S controls and control of other wastes • Review construction plans for Impact In water quality • Conduct Inspections of construction mite •tormwater control measures • Enforce unctions to ensure compliance • Setup a hotline to r•csln citizen complaints What Is Required for Construction Sites? Six Minimum Control Measures for Operators of Construction Sites • Notice of Intent • Canificatlon that the activity will not Impact endangered or threatened species • Develop a Storm Water Pollution Prevention Plan (SWPPP) • Place and maintain appropriate BMPs to minImize the discharge of pollutants • Notice of Termination Construction Site Runoff Control Measure Why? • Construction runoff accounts for most urban stormwater pollution What Is required? • Require Impementatlon of E&9 controls and control of other wastes on construction all> I acre • Rect vs and consider Information sudNtted by the public • Develop maawrable goals for this control measure What is Required for Construction Sites? Construction Site Inspections by Operators • Performed every 14 days or after each 12 Inch (or grater) min • Determine the major discharge of sediment from the site • Record locations of BMP. In need of maintenance • Record locations of BMP. not working • Record locations which need additional BMPs 2 • �.� _:1.. • • =,t A- • __ - . 1 J n _I• _ t v! •- I. • f •• • • • t , • •.:d li • I . • I'• ♦.•.. L• •y♦• •. • J r-.._ 1•r\F♦ 11.�•I .t I'1�IIl - --'IY. • _JJ tit !a\ /- .11 �•i�r - • 11 • t Vlll♦'Y. � I I � �. MUNICIPAL STORM WATER MANAGEMENT ENFORCEMENT CONSIDERATIONS RICHARD IL MAYS ENVIRONMENTAL LEGAL SERVICES CANTREIL VALLEY PLAZA - SURE 200 2725 CAN BELL. ROAD LITRE ROCK ARKANSAS 72202 (501)378-5555 First step was to issue and enforce the Phase I storm water permit requirements for medium and large MS4s, and certain "industrial" dischargers. Next step is the Phase II requirements that go into effect on March 10'", bringing small MS4s into the program Consequences of enforcement action: ■ Failure to file application for permit (NOT) by March 101° means any storm water discharges after that date are illegal. ■ Discharging pollutants without a permit under the Clean Water Act could be punished by civil penalties. ■ Criminal penalties (fine and/or incarceration) are possible. These are easy violations for EPA to prove. MS4 PERMIT REQUIREMENTS TAKE THEM SERIOUSLY! Storm water runoff from industrial sites and in municipal storm sewer systems Is a major contributor to sedimentation and contamination of the nation's waterways. Reducing those discharges is a high priority for EPA. EPA emphasizes its priority programs by enforcement. It will select groups of MS4s in each of its regions who have not complied, and will file coordinated administrative or judicial actions against them. EPA/DOJ issue press releases when filing the cases, painting the defendants as Failure to implement the -' requirements of the Permit and the MS4s plan can also be the basis for enforcement actions. Each violation of a particular requirement can be the subject of a separate penalty. Enforcement action will likely resu in a consent decree or order in which the MS4 will be required to: • Pay a penalty • Comply with the MS4 permit requirements on a tight schedule • Pay stipulated penalties for failure to comply with the decree or order Biggest enforcement threat to MS4 operators may be citizens' suits under Clean Water Act. A cut= (e.g., envlronmcnW organization) has a right under Section 505 of the CWA to file an action against any person, governmental agency or Instrumentality alleged to be in violation of an effluent standard or limitation of the Act (subject to restrictions of 11' Amendment to Constitution). Same penalties, injunctive relief, plus attorney fees, can be recovered in a citizens' Suit. MS4 program in Arkansas is delegated by EPA to the state ADEQ. ADEQ is generally more responsive to local concerns than EPA. However, EPA has authority under the CWA to take direct enforcement action in a delegated state against a violator of a federal program. Conclusion Not complying with the MS4 permit requirements is like playing Rusdan roulette. You may dodge the bullet for awhile, but the odds will get you eventually. You can save money over the long term, and have the satisfaction of complying with the law, by complying with the MS4 program requirements. • Enclosure 3 Environmental Protection Agency (EPA) Phase II Fact Sheets 1.0, 2.0, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 3.0, 3.1, 4.0 United States Office of Water EPA 833-F-00-001 Environmental Protection (4203) January 2000 Agency Fact Sheet 1.0 �=�EPA Storm Water Phase II Final Rule Fad Sheet Series 1.0 - Slam Water Phase II Final Rule: M Overview iii , r., p. It - III N' 4lIlLtl1iihLC5I • 2.9 - Pamp"ng and Rep�nups The Process and Recp* ml r M.^'.1 . . 7 4.:.. r .. .i:,ir.iii At 4.0 - Conditional No Exposure Exclusion for Industrial Activity Storm Water Phase II Final Rule An Overview Why Is the Phase II Storm Water Program Necessary? Since the passage of the Clean Water Act (CWA), the quality of our Nation's waters has improved dramatically. Despite this progress, however, degraded waterbodies still exist. According to the 1996 National Water Quality Inventory (Inventory), a biennial summary of State surveys of water quality, approximately 40 percent of surveyed U.S. waterbodies are still impaired by pollution and do not meet water quality standards. A leading source of this impairment is polluted runoff. In fact, according to the Inventory, 13 percent of impaired rivers, 21 percent of impaired lake acres and 45 percent of impaired estuaries are affected by urban/suburban storm water runoff and 6 percent of impaired rivers, II percent of impaired lake acres and II percent of impaired estuaries are affected by construction site discharges. Phase I of the U.S. Environmental Protection Agency's (EPA) storm water program was promulgated in 1990 under the CWA. Phase I relies on National Pollutant Discharge Elimination System (NPDES) permit coverage to address storm water runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The Storm Water Phase 11 Final Rule is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to• implement programs and practices to control polluted storm water runof, See Fact Sheets 2.0 and 3.0 for overviews of the Phase 11 programs for MS4s and construction activity. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The environmental problems associated with discharges from MS4s in urbanized areas and discharges resulting from construction activity are outlined below. MS4s in Urbanized Areas Storm water discharges from MS4s in urbanized areas are a concern because of the high concentration of pollutants found in these discharges. Concentrated development in urbanized areas substantially increases impervious surfaces, such as city streets, driveways, parking lots, and sidewalks, on which pollutants from concentrated human activities settle and remain until a storm event washes them into nearby storm drains. Common pollutants include pesticides, fertilizers, oils, salt, litter and other debris, and sediment. Another concern is the possible illicit connections of sanitary sewers, which can result in fecal coliform bacteria entering the storm sewer system. Storm water runoff picks up and transports these and other harmful pollutants then discharges them — untreated — to waterways via storm sewer systems. When left uncontrolled, these discharges can result in fish kills, the destruction of spawning and wildlife habitats, a loss in aesthetic value, and contamination of drinking water supplies and recreational waterways that can threaten public health. Fact Sheet 1.0 — Storm Water Phase II Final Rule: An Overview Page 2 Construction Activity Uncontrolled runoff from construction sites is a water quality concern because of the devastating effects that sedimentation can have on local waterbodies, particularly small streams. Numerous studies have shown that the amount of sediment transported by storm water runoff from construction sites with no controls is significantly greater than from sites with controls. In addition to sediment, construction activities yield pollutants such as pesticides, petroleum products, construction chemicals, solvents, asphalts, and acids that can contaminate storm water runoff. During storms, construction sites may be the source of sediment -laden runoff, which can overwhelm a small stream channel's capacity, resulting in streambed scour, streambank erosion, and destruction of near - stream vegetative cover. Where left uncontrolled, sediment - laden runoff has been shown to result in the loss of in -stream habitats for fish and other aquatic species, an increased difficulty in filtering drinking water, the loss of drinking water reservoir storage capacity, and negative impacts on the navigational capacity of waterways. Are Municipally Operated Sources Exempted by the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 Affected by the Final Rule? Provisions within ISTEA temporarily delayed the deadline for Phase I industrial activities (with the exception of power plants, airports, and uncontrolled sanitary landfills) operated by municipalities with populations of less than 100,000 people to obtain an NPDES storm water discharge permit. Congress delayed the permitting deadline for these facilities to allow small municipalities additional time to comply with NPDES requirements. The Phase II Final Rule ended this temporary exemption from permitting and set a deadline of no later than March 10, 2003 for all ISTEA- exempted municipally operated industrial activities to obtain permit coverage. How Was the Phase 11 Final Rule Developed? EPA developed the Phase 1I Final Rule during extensive consultations with a cross-section of interested stakeholders brought together on a subcommittee chartered under the Federal Advisory Committee Act, and with representatives of small entities participating in an advisory process mandated under the Small Business Regulatory Enforcement Fairness Act. In addition, EPA considered comments submitted by over 500 individuals and organizations during a 90 -day public comment period on the proposed rule. Why Does Part of the Phase II Final Rule Use a Question and Answer Format? The provisions pertaining to operators of small MS4s are written in a "readable regulation" form that uses the "plain language" method. Questions and answers are used to create more reader -friendly and understandable regulations. The plain language method uses "must" instead of "shall" to indicate a requirement and words like "should," "could," or "encourage" to indicate a recommendation or guidance. Who Is Covered by the Phase II Final Rule? The final rule "automatically" covers two classes of storm water dischargers on a nationwide basis: (I) Operators of small MS4s located in "urbanized areas" as delineated by the Bureau of the Census. A "small" MS4 is any MS4 not already covered by Phase I of the NPDES storm water program. See Fact Sheets 2.1 and 2.2 for more information on small MS4 coverage. (2) Operators of small construction activities that disturb equal to or greater than I (one) and less than 5 (five) acres of land. See Fact Sheet 3.0 for more information on small construction activity coverage. Waivers Permitting authorities may waive "automatically designated" Phase II dischargers if the dischargers meet the necessary criteria. See Fact Sheets 2.1 (small MS4 waivers overview), 3.0 (construction waivers overview) and 3.1 (construction rainfall erosivity waiver) for details. Phased -in Permit Coverage Permitting authorities may phase -in permit coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. Additional Designations by the Permitting Authority Small MS4s located outside of urbanized areas, construction activity disturbing less than I acre, and any other storm water discharges can be designated for coverage if the NPDES permitting authority or EPA determines that storm water controls are necessary. See Fact Sheet 2.1 for more information on the designation of small MS4s located outside of urbanized areas. Fact Sheet 1.0 — Storm Water Phase 11 Final Rule: An Overview Page 3 What Does the Phase II Final Rule Require? Operators of Phase I1 -designated small MS4s and small construction activity are required to apply for NPDES permit coverage, most likely under a general rather than individual permit, and to implement storm water discharge management controls (known as "best management practices" (BMPs)). Specific requirements for each type of discharge are listed below. Small MS4s ❑ A regulated small MS4 operator must develop, implement, and enforce a storm water management program designed to reduce the discharge of pollutants from their MS4 to the "maximum extent practicable," to protect water quality, and to satisfy the appropriate water quality requirements of the CWA. The rule assumes the use of narrative, rather than numeric, effluent limitations requiring implementation of BMPs. O The small MS4 storm water management program must include the following six minimum control measures: public education and outreach; public participationlinvolvement; illicit discharge detection and elimination; construction site runoff control; post -construction runoff control; and pollution prevention/good housekeeping. See Fact Sheets 2.3 through 2.8 for more information on each measure, including BMPs and measurable goals. O A regulated small MS4 operator must identify its selection of BMPs and measurable goals for each minimum measure in the permit application. The evaluation and assessment of those chosen BMPs and measurable goals must be included in periodic reports to the NPDES permitting authority. See Fact Sheet 2.9 for more information on permitting and reporting. Small Construction Activity ❑ The specific requirements for storm water controls on small construction activity will be defined by the NPDES permitting authority on a State -by -State basis. O EPA expects that the NPDES permitting authorities will use their existing Phase I general permits for large construction activity as a guide for their Phase II permits for small construction activity. If this occurs, a storm water pollution prevention plan will likely be required for small construction activity. See Fact Sheet 3.0 for more information on potential program requirements and appropriate BMPs for small construction activity. What Is the Phase II Program Approach? The Phase 11 program, based on the use of federally enforceable NPDES permits: ❑ Encourages the use of general permits; Cl Provides flexibility for regulated operators to determine the most appropriate storm water controls; O Allows for the recognition and inclusion of existing NPDES and non-NPDES storm water programs in Phase II permits; ❑ Includes public education and participation efforts as primary elements of the small MS4 program; ❑ Attempts to facilitate and promote watershed planning and to implement the storm water program on a watershed basis; and ❑ Works toward a unified and comprehensive NPDES storm water program with Phase I of the program. How Does the Phase II Final Rule Address the Phase I Industrial "No Exposure" Provision? In addition to establishing a deadline for ISTEA facilities and designating two new classes of dischargers, the Phase 11 Final Rule revises the "no exposure" provision originally included in the 1990 regulations for Phase I of the NPDES storm water program. The provision was remanded to EPA for further rulemaking and, subsequently, included in its revised form in the Phase I1 rule. Under the Phase 11 Final Rule, a conditional no exposure exclusion is available to operators of all categories of Phase I regulated industrial activity (except category (x) construction activity) who can certify that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. To obtain the no exposure exclusion, written certification must be submitted to the NPDES permitting authority. The final rule includes a No Exposure Certification form for use only by operators of industrial activity in areas where EPA is the NPDES permitting authority. See Fact Sheet 4.0 for more information on the conditional no exposure exclusion for industrial activity. Fact Sheet 1.0 — Storm Water Phase 11 Final Rule: An Overview Page 4 What Is the Phase II Program Implementation "Tool Box?"For Additional Information EPA is committed to providing tools to facilitate implementation of the final Phase 11 storm water program in an effective and cost-efficient manner. The "tool box" will include the following components: o Fact Sheets; a Guidance Documents; o Menu of BMPs; o Information Clearinghouse/Web Site; as Training and Outreach Efforts; o Technical Research; o Support for Demonstration Projects; and o Compliance Monitoring/Assistance Tools. A preliminary working toolbox is available on EPA's web site at www.epa.gov/npdes/stormwater. Three years after publication of the final rule, when the general permits are issued, a fully operational tool box is scheduled to be available. What Is the Schedule for the Phase II Rule? O The Phase 11 Final Rule was published in the Federal Register on December 8, 1999 (64 FR 68722). O The Conditional No Exposure Exclusion option is available February 7, 2000, in States where EPA is the permitting authority. O The NPDES permitting authority will issue general permits for Phase ll-designated small MS4s and small construction activity by December 9, 2002. O Operators of Phase II "automatically" designated regulated small MS4s and small construction activity must obtain permit coverage within 90 days of permit issuance. O The NPDES permitting authority may phase -in coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. U Operators of regulated small MS4s must fully implement their storm water management programs by the end of the first permit term, typically a 5 -year period. Contacts aa• U.S. EPA Office of Wastewater Management • Internet: www.epa.gov/npdes/stormwater • Phone: 202-564-9545 Or Your NPDES Permitting Authority. A list of names and telephone numbers for each EPA Region and State is located at: www.epa.gov/npdes/stormwater, then click on "Contacts." Reference Documents rr Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.cpa.gov/npdes/stormwater/swfinal.cfTn sw Storm Water Phase 1I Final Rule (64 FR 68722) • Internet: www.epa.gov/npdWregtilations/pha: • United States Office of Water EPA 833-F-00-002 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.0 6EPA Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Final Rule: M Overview Small MS4 Program 2.0 - Small MS4 Starts Water Program Overview 2.1 - Who's Covered? Desiqnation and Waivers of Regulat MS4s 2.2 - Urbanized Meal: DefinMion and Deueptim Ffl',a ri aj ri _,fj I •il..I 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Expostre" 4.0 - Conditional No Ezposwe Exclusion tat Industial cA iiw' y Storm Water Phase II Final Rule Small MS4 Storm Water Program Overview Polluted storm water runoff is often transported to municipal separate storm sewer systems (MS4s) and ultimately discharged into local rivers and streams without treatment. EPA's Storm Water Phase 11 Rule establishes an MS4 storm water management program that is intended to improve the Nation's waterways by reducing the quantity of pollutants that storm water picks up and carries into storm sewer systems during storm events. Common pollutants include oil and grease from roadways, pesticides from lawns, sediment from construction sites, and carelessly discarded trash, such as cigarette butts, paper wrappers, and plastic bottles. When deposited into nearby waterways through MS4 discharges, these pollutants can impair the waterways, thereby discouraging recreational use of the resource, contaminating drinking water supplies, and interfering with the habitat for fish, other aquatic organisms, and wildlife. In 1990, EPA promulgated rules establishing Phase I of the National Pollutant Discharge Elimination System (NPDES) storm water program. The Phase I program for MS4s requires operators of "medium" and "large" MS4s, that is, those that generally serve populations of 100,000 or greater, to implement a storm water management program as a means to control polluted discharges from these MS4s. The Storm Water Phase I1 Rule extends coverage of the NPDES storm water program to certain "small" MS4s but takes a slightly different approach to how the storm water management program is developed and implemented. What Is a Phase II Small MS4? A small MS4 is any MS4 not already covered by the Phase I program as a medium or large .t&MS4. The Phase 11 Rule automatically covers on a nationwide basis all small MS4s located in "urbanized areas" (UAs) as defined by the Bureau of the Census (unless waived by the NPDES permitting authority), and on a case -by -case basis those small MS4s located outside of UAs that the NPDES permitting authority designates. For more information on Phase II small MS4 coverage, see Fact Sheets 2.1 and 2.2. What Are the Phase II Small MS4 Program Requirements? Operators of regulated small MS4s are required to design their programs to: ❑ Reduce the discharge of pollutants to the "maximum extent practicable" (MEP); ❑ Protect water quality; and ❑ Satisfy the appropriate water quality requirements of the Clean Water Act. Implementation of the MEP standard will typically require the development and implementation of BMPs and the achievement of measurable goals to satisfy each of the six minimum control measures. The Phase 11 Rule defines a small MS4 storm water management program as a program comprising six elements that, when implemented in concert, are expected to result in significant reductions of pollutants discharged into receiving waterbodies. Fact Sheet 2.0— An Overview of the Small MS4 Storm Water Program Page 2 The six MS4 program elements, termed "minimum control measures," are outlined below. For more information on each of these required control measures, see Fact Sheets 2.3 - 2.8. 0 Public Education and Outreach Distributing educational materials and performing outreach to inform citizens about the impacts polluted storm water runoff discharges can have on water quality. @ Public Participation/Involvement Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on a storm water management panel. ® Illicit Discharge Detection and Elimination Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (includes developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste). 0 Construction Site Runoff Control Developing, implementing, and enforcing an erosion and sediment control program for construction activities that disturb I or more acres of land (controls could include silt fences and temporary storm water detention ponds). ® Post -Construction Runoff Control Developing, implementing, and enforcing a program to address discharges of post -construction storm water runoff from new development and redevelopment areas. Applicable controls could include preventative actions such as protecting sensitive areas (e.g., wetlands) or the use of structural BMPs such as grassed swales or porous pavement. ® Pollution Prevention/Good Housekeeping Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (e.g., regular street sweeping, reduction in the use of pesticides or street salt, or frequent catch -basin cleaning). What Information Must the NPDES Permit Application Include? The Phase 11 program for MS4s is designed to accommodate a general permit approach using a Notice of Intent (NOI) as the permit application. The operator of a regulated small MS4 must include in its permit application, or NOI, its chosen BMPs and measurable goals for each minimum control measure. To help perminees identify the most appropriate BMPs for their programs, EPA will issue a "menu," of BMPs to serve as guidance. NPDES permitting authorities can modify the EPA menu or develop their own list. For more information on application requirements, see Fact Sheet 2.9. What Are the Implementation Options? The rule identifies a number of implementation options for regulated small MS4 operators. These include sharing responsibility for program development with a nearby regulated small MS4, taking advantage of existing local or State programs, or participating in the implementation of an existing Phase I MS4's storm water program as a co-permiee. These options are intended to promote a regional approach to storm water management coordinated on a watershed basis. What Kind of Program Evaluation/Assessment Is Required? Permittees need to evaluate the effectiveness of their chosen BMPs to determine whether the BMPs are reducing the discharge of pollutants from their systems to the "maximum extent practicable" and to determine if the BMP mix is satisfying the water quality requirements of the Clean Water Act. Permittees also are required to assess their progress in achieving their program's measurable goals. While monitoring is not required under the rule, the NPDES permitting authority has the discretion to require monitoring if deemed necessary. If there is an indication of a need for improved controls, permittees can revise their mix of BMPs to create a more effective program. For more information on program evaluation/assessment, see Fact Sheet 2.9. For Additional Information Contact sw U.S. EPA Office of Wastewater Management • Internet: www.epa.gov/npdes/stormwater • Phone: 202-564-9545 Reference Documents aU Storm Water Phase 11 Final Rule Fact Sheet Series Internet: cfpub.cpa.gov/npdes/stormwater/swfinal.cfm er Storm Water Phase 11 Final Rule (64 FR 68722) • Internet: www.epa.gov/npdes/regulations/phase2.pdf United States Office of Water EPA 833-F-00-003 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.1 =,EPA Storm Water Phase II Final Rule Who's Covered? Designation and Waivers of Regulated Small MS4s Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Final Rule: AnOverview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Des4cnation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Defmaion and Description Abnim on Canaal Yeasuss 2.3 - Public Education and Outreach 2.4 - Pubbc PanidpatiaJ Involvement 2.5 - Illicit Discharge Detection and Elimination 2,6 - Construction Site Runoff Control iAn 2.9 - Perndtti ng and Re The Process and ReqtAremecs 2.10 - Federal and State -Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No e Exclusion for Industrial Activity Who Is Affected by the Phase II Small MS4 Program? The Storm Water Phase II Final Rule applies to operators of regulated small municipal separate storm sewer systems (MS4s), which are designated based on the criteria discussed in this fact sheet. In this fact sheet, the definition of an MS4 and the distinction between small, medium, and large MS4s is reviewed. Conditions under which a small MS4 may be designated as a regulated small MS4, as well as the conditions for a waiver from the Phase II program requirements, are outlined. This fact sheet also attempts to clarify possible implementation issues related to determining one's status as an operator of a regulated small MS4. What Is a Municipal Separate Storm Sewer System (MS4)? What constitutes an MS4 is often misinterpreted and misunderstood. The term MS4 does not solely refer to municipally -owned storm sewer systems, but rather is a term of art with a much broader application that can include, in addition to local jurisdictions, State departments of transportation, universities, local sewer districts, hospitals, military bases, and prisons. An MS4 also is not always just a system of underground pipes — it can include roads with drainage systems, gutters, and ditches. The regulatory definition of an MS4 is provided below. According to 40 CFR 122.26(b)(8), "municipal separate storm sewer means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (I)Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law)... including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States. (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer: and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2." Fact Sheet 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s Page 2 What Is a Small, Medium, or Large MS4? O EPA's NPDES (National Pollutant Discharge Elimination System) storm water permitting program labels MS4s as either "small, "' medium," or "large" for the purposes of regulation. O A small MS4 is any MS4 that is not already covered by the Phase I storm water program. Small MS4s include Federally -owned systems, such as military bases. O The Phase I storm water program covers medium and large MS4s. Phase I MS4s were automatically designated nationwide as medium MS4s if they were located in an incorporated place or county with a population between 100,000 - 249,999 or as large MS4s if located in an incorporated place or county with a population of 250,000 or greater. Many MS4s in areas below 100,000 in population, however, have been individually brought into the Phase I program by NPDES permitting authorities. Such already regulated MS4s do not have to develop a Phase U program. Are All Small MS4s Covered by the Phase II Final Rule? No. The universe of small MS4s is quite large since it includes every MS4 except for the approximately 900 medium and large MS4s already regulated under the Phase I storm water program. Only a select sub -set of small MS4s, referred to as regulated small MS4s, is covered by the Phase 11 Final Rule, either through automatic nationwide designation or designation on a case -by -case basis by the NPDES permitting authority. How Is A Small MS4 Designated as a Regulated Small MS4? Asmall MS4 can be designated by the permitting authority as a regulated small MS4 in one of three ways: O Automatic Nationwide Designation The Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census -defined "urbanized area" (UA) based on the latest decennial Census. Once a small MS4 is designated into the program based on the UA boundaries, it cannot be waived from the program if in a subsequent UA calculation the small MS4 is no longer within the UA boundaries. An automatically designated small MS4 remains regulated unless, or until, it meets the criteria for a waiver. O Urbanized Areas An urbanized area (UA) is a land area comprising one or more places - central place(s) - and the adjacent densely settled surrounding area - urban fringe - that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. It is a calculation used by the Bureau of the Census to determine the geographic boundaries of the most heavily developed and dense urban areas. Before the time of permit issuance (which must be by December 9, 2002), UA calculations based on the 2000 Census should be published. The regulated universe then will be based on these new calculations. For more information on UAs, see Fact Sheet 2.2. ❑ Preamble of the Phase II Final Rule: Appendix 6 A listing of governmental entities that are located either fully or partially within a UA according to the 1990 Census can be found in Appendix 6 to the Preamble. The list is a general geographic reference intended to help operators of small MS4s determine whether or not they are located in a UA and, consequently, required to comply with the regulation; it is not a list of all Phase U regulated MS4s. For example, the list does not include small MS4 operators such as colleges and universities. Federal prison complexes, and State highway departments located within a UA. See Fact Sheet 2.2 for more information on how to determine potential coverage under the Phase U program. Appendix 6 can be obtained from the EPA Office of Wastewater Management (OWM) or downloaded from the OWM web site. ® Potential Designation by the NPDES Permitting Authority — Required Evaluation An operator of small MS4 located outside of a UA may be designated as a regulated small MS4 if the NPDES permitting authority determines that its discharges cause, or have the potential to cause, an adverse impact on water quality. The Phase U Final Rule requires the NPDES permitting authority to develop a set of designation criteria and apply them, at a minimum, to all small MS4s located outside of a UA serving a jurisdiction with a population of at least 10,000 and a population density of at least 1.000 people/square mile. Fact Sheet 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s Page 3 ❑ Designation Criteria EPA recommends that the NPDES permitting authority use a balanced consideration of the following designation criteria on a watershed or other local basis: or Discharge to sensitive waters: V High population density: V High growth or growth potential; V Contiguity to a UA; ✓ Significant contributor of pollutants to waters of the United States; and V Ineffective protection of water quality concerns by other programs. ❑ Preamble of the Phase II Final Rule: Appendix 7 A listing of governmental entities located outside of a UA, that have a population of at least 10,000 and a population density of at least 1,000 people per square mile can be found in Appendix 7 to the Preamble of the Phase U Final Rule. Similar to Appendix 6, the list is a geographic reference only - it is not a list of regulated entities. Operators of small MS4s located within a listed area could be examined by their NPDES permitting authority for potential designation into the Phase II program. Furthermore, the NPDES permitting authority reserves the right to designate for regulation any small MS4 that is contributing pollutants to waters of the United States, whether or not its jurisdiction is found in Appendix 7. Appendix 7 can be obtained from the EPA Office of Wastewater Management or downloaded from the OWM web site. ❑ Deadline for Designation The NPDES permitting authority is required to designate small MS4s meeting the designation criteria by December 9, 2002 or by December 8, 2004 if a watershed plan is in place. ® Potential Designation by the NPDES Permitting Authority — Physically Interconnected Under the final rule, the NPDES permitting authority is required to designate any small MS4 located outside of a UA that contributes substantially to the pollutant loadings of a physically interconnected MS4 regulated by the NPDES storm water program. The final rule does not set a deadline for designation of small MS4s meeting this criterion. Physically interconnected means that one MS4 is connected to a second MS4 in such a way that it allows for direct discharges into the second system. Are Waivers from the Phase II Permit/Program Requirements Possible? Yes, two waiver options are available to operators of automatically designated small MS4s if discharges do not cause, or have the potential to cause, water quality impairment. The first applies where: (I) the jurisdiction served by the system is less than 1,000 people; (2) the system is not contributing substantially to the pollutant loadings of a physically interconnected regulated MS4; and (3) if the small MS4 discharges any pollutants identified as a cause of impairment of any water body to which it discharges, storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established "total maximum daily load" (TMDL) that addresses the pollutant(s) of concern. TMDLs are water quality assessments that determine the source or sources of pollutants of concern for a particular waterbody, consider the maximum amount of pollutants the waterbody can assimilate, and then allocate to each source a set level of pollutants that it is allowed to discharge (i.e., a "wasteload allocation"). Small MS4s that are not given a wasteload allocation would meet the third criterion above. Pollutants of Concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment in any water body to which the MS4 discharges. Fact Sheet 2.1 — Wbo's Covered? Designation and Waivers of Regulated Small MS4s Page 4 The second applies where: (1) the jurisdiction served by the system is less than 10,000 people; (2) an evaluation of all waters of the U.S. that receive a discharge from the system shows that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern or an equivalent analysis; and (3) it is determined that future discharges from the small MS4 do not have the potential to result in exceedances of water quality standards. The NPDES permitting authority is required to periodically review any waivers granted to MS4 operators to determine whether any information required for granting the waiver has changed. Minimally, such a review needs to be conducted once every five years. Are There Allowances for Phasing -in Permit Coverage? Yes. Small MS4s serving ajurisdiction with a population under 10,000 can be phased -in for permit coverage, following establishment of a State watershed permitting approach. NPDES permitting authorities that choose this option must establish a schedule to phase -in permit coverage annually for approximately 20 percent of all small MS4s that qualify for such phased -in coverage. Where this option is followed, all regulated small MS4s are required to have permit coverage no later than March 8, 2007. Can More than One MS4 in the Same Political Jurisdiction Be Automatically Designated? Yes. Since the final rule provides automatic coverage of all small MS4s within a UA, the result would likely be coverage of several governments and agencies with multiple, perhaps overlapping, jurisdictions. For example, a city that is located within a UA and operates its own small MS4 could be designated alongside the State's department of transportation (DOT) and the county's DOT if the State and county operate roads that are within the borders of the city. All three entities would be responsible for developing a storm water management program for the portion of their respective MS4s within the city limits. In such a case, the permittecs are strongly encouraged to work together to form a unified storm water management program. Who Is Responsible if the Small MS4 Operator Lacks the Necessary Legal Authority? Some regulated small MS4s may lack the necessary legal authority to implement one or more of the required minimum control measures that comprise the Phase 11 storm water management program. For example, a local government that is a small MS4 operator may be in a State that does not have an enabling statute that allows local regulatory control of construction site runoff into the sewer system. Another example is a State DOT that may not have the legal authority to require and enforce controls on illicit discharges into its system. In these situations the small MS4 is encouraged to work with the neighboring regulated small MS4s. As co-permittees, they could form a shared storm water management program in which each permittee is responsible for activities that are within their individual legal authorities and abilities. For Additional Information Contact ra• U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdcs/stornwater Reference Documents rQ Storm Water Phase II Final Rule Fact Sheet Series a Internet: cfpub.epa.gov/npdes/stormwater/swfinal.efm rr Storm Water Phase II Final Rule (64 FR 68722) a Internet: www.epa.gov/npdes/regulations/phase2.pdf United States Office of Water EPA 833-F-00-004 Environmental Protection (4203) December 1999 Agency Fact Sheet 2.2 =,EPA Storm Water Phase II Final Rule Urbanized Areas: Definition and Description Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Final Rule: M Overview Small MS4 Program 2.0 - Small MS4 Storm Wale' Program Overview 2.1 - Who's Covered? and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Dewgrtion 3.0 - Consbuction Program Overview 3.1- Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0- Cone4ional No Exposwe Exclusion for IMusoial AclMty s discussed in Fact Sheet 2.1, Who's Covered? Designation and Waivers of Regulated ASmall MS4s, the Phase U Final Rule covers all small municipal separate storm sewer systems (MS4s) located within an "urbanized area" (UA). Based on the 1990 Census, there are 405 UAs in the United States that cover 2 percent of total U.S. land area and contain approximately 63 percent of the Nation's population. These numbers include Puerto Rico — the only U.S. Territory with UAs. UAs constitute the largest and most dense areas of settlement. UA calculations delineate boundaries around these dense areas of settlement and, in doing so. identify the areas of concentrated development. UA designations are used for several purposes in both the public and private sectors. For example, the Federal Government has used UAs to calculate allocations for transportation funding, and some planning agencies and development firms use UA boundaries to help ascertain current, and predict future, growth areas. What Is an Urbanized Area (UA)? The Bureau of the Census determines UAs by applying a detailed set of published UA criteria (see 55 FR 42592, October 22, 1990) to the latest decennial census data. Although the full UA definition is complex, the Bureau of the Census' general definition of a UA, based on population and population density, is provided below. An urbanized area is a land area comprising one or more places — central place(s) — and the adjacent densely settled surrounding area — urban fringe — that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. The basic unit for delineating the UA boundary is the census block. Census blocks are based on visible physical boundaries, such as the city block, when possible, or on invisible political boundaries, when not. An urbanized area can comprise places, counties, Federal Indian Reservations, and minor civil divisions (MCDs - towns and townships). How Can Status as a Regulated Small MS4 Be Determined? The drawing below (see Figure 1) is a simplified UA illustration that demonstrates the concept of UAs in relation to the Phase 11 Final Rule. The "urbanized area" includes within its boundaries incorporated places, a portion of a Federal Indian reservation, an entire MCD, a portion of another MCD, and portions of two counties. Any and all operators of small MS4s located within the boundaries of the UA are covered under the Phase II Final Rule, regardless of political boundaries. Operators of small MS4s located outside of the UA are subject to potential designation into the Phase II MS4 program by the NPDES permitting authority. Fact Sheet 2.2 — Urbanized Areas: Definition and Description Page 2 Operators of small MS4s can determine if they are located within a UA, and therefore covered by the Phase II storm water program, through the following two steps: STEP 1 — Refer to a listing of incorporated places, MCDs, and counties that are located entirely or partially within a UA. Such a listing, based on the 1990 Census, can be found in Appendix 6 to the Preamble of the Phase B Final Rule; it does not include governmental entities already permitted under Phase I. If a small MS4 is located in a listed incorporated place. MCD, or county, then the operator of the small MS4 should follow step (2) below. (Note: Appendix 6 can be obtained from the EPA Office of Wastewater Management (OWM) or downloaded from the OWM web site.) — STEP 2 — Some operators of small MS4s may find that they are located within an entity listed in Appendix 6 but not know if their systems are within the urbanized portion of the listed entity. In such a case, they should contact one or more of the ❑ following institutions for more detailed information on the location of the UA boundary: ❑ The State or NPDES Permitting Authority (may be the State or the U.S. EPA Region) Storm Water Coordinators: The NPDES permitting authority may be the State or the U.S. EPA Region. The Storm Water Coordinators for each U.S. EPA Region are listed in the For Additional Information section in Fact Sheet 2.9. These regional contacts can assist with UA information and provide the names of State storm water contacts. Regional and State contact information can also be obtained from OWM. State Data Centers: Each State's Data Center receives listings of all entities that are located in UAs, as well as detailed maps and electronic files of UA boundaries. The Bureau of the Census web site includes a list of contact names and phone numbers for the data in each State at www.census.gov/sdc/www. State Planning/Economic/I'ransportation Agencies: These agencies typically use UAs to assess current development and forecast future growth trends and, therefore, should have detailed UA information readily available to help determine the UA boundaries in any given area. County or Regional Planning Commissions/ Boards As with State agencies, these entities are likely to have detailed UA data and maps to help determine UA boundaries. Figure 1 I I Central Place OIncorporated Place 0 FIR I Federal Indian Reservation (FIR) ■ Unincorporated "Urbanized I Area" Portion of a Town I (MCD) or County County A I I I •- Urbanized Area Q I I --- Town or Township as a I functioning Minor Civil Division I (MCD). An MCD is the primary I I subdivision of a County. I I I — County J Fact Sheet 2.2 — Urbanized Areas: Definition and Description Page 3 O The Bureau of the Census Urbanized Areas Staf 301 457-1099 Web Site: www.census.gov The site provides information on purchasing UA maps and electronic files for use with computerized mapping systems. Obtain free UA cartographic boundary files (Arc/Info export format) for Geographical Information System (GIS) use at: www.census.gov:80/geo/www/coblua.html. UA Maps: Detailed UA maps are available for purchase with a $25 minimum order ($5 per map sheet). Each map sheet measures 36 by 42 inches. For prices and a listing of UAs, visit www.census.gov/mp/www/geo/msgeo12.html. Order from the Department of Commerce, Bureau of the Census (MS 1921), P.O. Box 277943, Atlanta, GA 30384-7943 (Phone: 301 457-4100; Toll -free fax: 1-888.249-7295). O U.S. EPA EPA is modifying a web -based geographic program called Enviromapper. This will allow MS4 operators to enter a location and see a detailed map of the UA boundary. Information about Enviromapper will be available at www.epa.gov/owmlphase2. How Will the Year 2000 Census Affect the Determination of Status as a Regulated Small MS4? The listing of incorporated places, MCDs, and counties located within UAs in the United States and Puerto Rico, found in Appendix 6, is based on the 1990 Census. New listings for UAs based on the 2000 Census are scheduled to be available by July or August of 2001. Once the official 2000 Census listings are published by the Bureau of the Census, operators of small MS4s located within the revised boundaries of former 1990 UAs, or in any newly defined 2000 UAs, become regulated small MS4s and must develop a storm water management program. Any additional automatic designations of small MS4s based on subsequent census years is governed by the Bureau of the Census' definition of a UA in effect for that year and the UA boundaries determined as a result of the definition. Once a small MS4 is designated into the Phase D storm water program based on the UA boundaries, it can not be waived from the program if in a subsequent UA calculation the small MS4 is no longer within the UA boundaries. An automatically designated small MS4 will remain regulated unless, or until, it meets the criteria for a waiver (see Fact Sheet 2.1 for more information on the regulated small MS4 waiver option). For Additional Information Contact tram U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stornwater Reference Documents SW Storm Water Phase B Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdes/stonnwatcdswfmal.cfm SW Storm Water Phase B Final Rule (64 FR 68722) • Internet: www.epa.govMpdes/mgulationslphase2pdf United States Office of Water EPA 833-FOO-005 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.3 -,EPA Storm Water Phase II Final Rule Public Education and Outreach Minimum Control Measure Storm Water Phase II Final Rule Fact Sheet Series 1.0 - Storm Water Phase II Final Rude: AnOverview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered) torn and Waivers of Regulated Small MS4s a U P Areas: Defmilion and *t Canal *awes 2.3 - Public Educatim and Outreach 2.4 - Public Parddpationl Involve meat 2.5 - Illicit Disdwge Detection and Elimination 2.6 - Construction Site Ru olf Control 2.7 - Post-Consbucdon Runoff Coca 2.8 - Pollution PreveutiWGood Housekeepig 'r 't.• Ill ,ru'jj!hhj 3.0 - Co st uction Program Overview 3.1 - Construction Rainfall Erosivity Waive Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion (or In d suial AclMty This fact sheet profiles the Public Education and Outreach minimum control measure, one of six measures an operator of a Phase Il-regulated small municipal separate storm sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) storm water permit. This fact sheet outlines the Phase II Final Rule requirements and offers some general guidance on how to satisfy them It is important to keep in mind that the regulated small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. Why Is Public Education and Outreach Necessary? An informed and knowledgeable community is crucial to the success of a storm water management program since it helps to ensure the following: • Greater support for the program as the public gains a greater understanding of the reasons why it is necessary and important. Public support is particularly beneficial when operators of small MS4s attempt to institute new funding initiatives for the program or seek volunteers to help implement the program; and Greater compliance with the program as the public becomes aware of the personal responsibilities expected of them and others in the community, including the individual actions they can take to protect or improve the quality of area waters. What Is Required? rjto satisfy this minimum control measure, the operator of a regulated small MS4 needs to: ❑ Implement a public education program to distribute educational materials to the community, or conduct equivalent outreach activities about the impacts of storm water discharges on local waterbodies and the steps that can be taken to reduce storm water pollution; and O Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Some program implementation approaches, BMPs (i.e., the program actions/activities), and measurable goals are suggested below. What Are Some Guidelines for Developing and Implementing This Measure? Three main action areas are important for successful implementation of a public education and outreach program: Fact Sheet 2.3 — Public Education and Outreach Minimum Control Measure Page 2 U Forming Partnerships Operators of regulated small MS4s are encouraged to enter into partnerships with other governmental entities to fulfill this minimum control measure's requirements. It is generally more cost-effective to use an existing program, or to develop a new regional or state-wide education program, than to have numerous operators developing their own local programs. Operators also are encouraged to seek assistance from non- governmental organizations (e.g., environmental, civic, and industrial organizations), since many already have educational materials and perform outreach activities. ® Using Educational Materials and Strategies Operators of regulated small MS4s may use storm water educational information provided by their State, Tribe, EPA Region, or environmental, public interest, or trade organizations instead of developing their own materials. Operators should strive to make their materials and activities relevant to local situations and issues, and incorporate a variety of strategies to ensure maximum coverage. Some examples include: • Brochures or fact sheets for general public and specific audiences; • Recreational guides to educate groups such as golfers, hikers, paddlers, climbers, fishermen, and campers; • Alternative information sources, such as web sites, bumper stickers, refrigerator magnets, posters for bus and subway stops, and restaurant placemats; • A library of educationalmaterials for community and school groups; • Volunteer citizen educators to staff a public education task force; • Event participation with educational displays at home shows and community festivals; • Educational programs for school -age children; • Storm drain stenciling of storm drains with messages such as "Do Not Dump - Drains Directly to Lake;" • Storm water hotdnes for information and for citizen reporting of polluters; • Economic incentives to citizens and businesses (e.g., rebates to homeowners purchasing mulching lawnmowers or biodegradable lawn products);and • Tributary signage to increase public awareness of local water resources. ® Reaching Diverse Audiences The public education program should use a mix of appropriate local strategies to address the viewpoints and concerns of a variety of audiences and communities, including minority and disadvantaged communities, as well as children. Printing posters and brochures in more than one language or posting large warning signs (e.g., cautioning against fishing or swimming) near storm sewer outfalls are methods that can be used to reach audiences less likely to read standard materials. Directing materials or outreach programs toward specific groups of commercial, industrial, and institutional entities likely to have significant storm water impacts is also recommended. For example, information could be provided to restaurants on the effects of grease clogging storm drains and to auto garages on the effects of dumping used oil into storm drains. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect the needs and characteristics of the operator and the area served by its small MS4. Furthermore, they should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target Date Activity 1 year.......... Brochures developed (bilingual, if appropriate) and distributed in water utility bills; a storm water hotline in place; volunteer educators trained. 2 years......... A web site created; school curricula developed; storm drains stenciled. 3 years......... A certain percentage of restaurants no longer dumping grease and other pollutants down storm sewer drains. 4 years......... A certain percentage reduction in litter or animal waste detected in discharges. For Additional Information Contact Q U.S. EPA Office of Wastewater Management • Internet: www.epa.gov/npdes/stonnwater • Phone: 202-564-9545 Reference Documents rra• Storm Water Phase 1l Final Rule Fact Sheet Series • Internet: cfpub.cpa.gov/npdes/stornwater/swfmal.cfm H Storm Water Phase II Final Rule (64 FR 68722) • Internet: www.epa.gov/npdes/regulations/phase2.pdf • • United States Office of Water EPA 833-F-00-006 Environmental Protection (4203) January 20O0 Agency Fact Sheet 2.4 C EPA Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Fnal Rule: M Overview „ 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Designation and Waivers of Reg lated Sinaf MS4s 2.2 - Urbanized Areas: Definition and Description laNimr Cato) Ueasaes 2.3 -Pubic Education and Oureach 2.4 - Pudic ParluipatioN Involvement 2.5 -lid Disdtarge Detection and Efminatbn 2.6 - Construction Site Runoff Cats 2.9 - Permitting and Repa6nngg The Process and Regtremerts 2.10 - Federal and SUte-Operated MS4s: Program Implematation t 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposrue" 4.0 - CondtiorW No Exposwe Exclusion for industrial Storm Water Phase II Final Rule Public Participation/Involvement Minimum Control Measure This fact sheet profiles the Public Participation/Involvement minimum control measure, one of six measures the operator of a Phase I1 regulated small municipal separate storm sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet outlines the Phase II Final Rule requirements and offers some general guidance on how to satisfy them It is important to keep in mind that the small MS4 operator has a great deal of flexibility in determining how to satisfy the minimum control measure requirements. Why Is Public Participation and Involvement Necessary? EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal storm water management program and, therefore, suggests that the public be given opportunities to play an active role in both the development and implementation of the program An active and involved community is crucial to the success of a storm water management program because it allows for: • Broader public support since citizens who participate in the development and decision making process are partially responsible for the program and, therefore, may be less likely to raise legal challenges to the program and more likely to take an active role in its implementation; • Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and increased sources in the form of citizen volunteers; • A broader base of expertise and economic benefits since the community can be a valuable, and free, intellectual resource; and • A conduit to other programs as citizens involved in the storm water program development process provide important cross -connections and relationships with other community and government programs. This benefit is particularly valuable when trying to implement a storm water program on a watershed basis, as encouraged by EPA. What Is Required? To satisfy this minimum control ?treasure, the operator of a regulated small MS4 must: 0 Comply with applicable State, Tribal, and local public notice requirements; and ❑ Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Possible implementation approaches, BMPs (i.e., the program actions and activities), and measurable goals are described below. Fact Sheet 2.4 — Public Participation/Involvement Minimum Control Measure Page 2 What Are Some Guidelines for Developing and Implementing This Measure? OAerators of regulated small MS4s should include the public in developing, implementing, and reviewing their storm water management programs. The public participation process should make every effort to reach out and engage all economic and ethnic groups. EPA recognizes that there are challenges associated with public involvement. Nevertheless, EPA strongly believes that these challenges can be addressed through an aggressive and inclusive program. Challenges and example practices that can help ensure successful participation are discussed below. Implementation Challenges The best way to handle common notification and recruitment challenges is to know the audience and think creatively about how to gain its attention and interest. Traditional methods of soliciting public input are not always successful in generating interest, and subsequent involvement, in all sectors of the community. For example, municipalities often rely solely on advertising in local newspapers to announce public meetings and other opportunities for public involvement. Since there may be large sectors of the population who do not read the local press, the audience reached may be limited. Therefore, alternative advertising methods should be used whenever possible, including radio or television spots, postings at bus or subway stops, announcements in neighborhood newsletters, announcements at civic organization meetings, distribution of flyers, mass mailings, door-to-door visits, telephone notifications, and multilingual announcements. These efforts, of course, are tied closely to the efforts for the public education and outreach minimum control measure (see Fact Sheet 2.3). In addition, advertising and soliciting for help should be targeted at specific population sectors, including ethnic, minority, and low-income communities; academia and educational institutions; neighborhood and community groups; outdoor recreation groups; and business and industry. The goal is to involve a diverse cross-section of people who can offer a multitude of concerns, ideas, and connections during the program development process. Possible Practices (liMPs) There are a variety of practices that could be incorporated into a public participation and involvement program, such as: Public meetings/citizen panels allow citizens to discuss various viewpoints and provide input concerning appropriate storm water management policies and BMPs; Volunteer water quality monitoring gives citizens first- hand knowledge of the quality of local water bodies and provides a cost-effective means of collecting water quality data; Volunteer educators/speakers who can conduct workshops, encourage public participation, and staff special events; • Storm drain stenciling is an important and simple activity that concerned citizens, especially students, can do; • Community clean-ups along local waterways, beaches, and around storm drains; • Citizen watch groups can aid local enforcement authorities in the identification of polluters; and • "Adopt A Storm Drain"programs encourage individuals or groups to keep storm drains free of debris and to monitor what is entering local waterways through storm drains. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, greatly depend on the needs and characteristics of the operator and the area served by the small MS4. Furthermore, they should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target Date Activity 1 year............ Notice of a public meeting in several different print media and bilingual flyers; citizen panel established; volunteers organized to locate outfalls/illicit discharges and stencil drains. 2 years.......... Final recommendations of the citizen panel; radio spots promoting program and participation. 3 years.......... A certain percentage of the community participating in community clean-ups. 4 years.......... Citizen watch groups established in a certain percentage of neighborhoods; outreach to every different population sector completed. For Additional Information Contact ar U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stormwater Reference Documents har Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdeslstormwater/swfinal.cfm or Storm Water Phase 1I Final Rule (64 FR 68722) • Internet: www.epa.gov/npdes/mgulationstphue2.pdf 0 United States Office of Water EPA 833-F-00-007 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.5 =,EPA Storm Water Phase II Final Rule Illicit Discharge Detection and Elimination Minimum Control Measure Storm Water Phase II Final Rule Fact Sheet Series 1.0 - Storm Water Phase II Fowl Rule: M Overview Small (N54 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Designation and Waivers at Regrlaled SSrmnaallll MS4s raNnaan Canal afearrsn 2.3 - Pubk Education and Outreach 2.4 - Pudic Partic pation/ Involvemem 2.5 - hick Discharge Detection and Elimination 2.6 - Cansbuction Site Runoff Control 2.7 - Posl-Consulrction Ru ill Control 2.8 - Pollution PrevenftnfGood Housekeeping •L I I I • III , n I. • n . s r_= 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Expostae" 4.0 - Cadkional No Exposure Eukrsion for IMusuial Activity This fact sheet profiles the Illicit Discharge Detection and Elimination minimum control measure, one of six measures the operator of a Phase II regulated small municipal separate storm sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet outlines the Phase 1I Final Rule requirements and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. What Is An "Illicit Discharge"? Federal regulations define an illicit discharge as "...any discharge to an MS4 that is not composed entirely of storm water..." with some exceptions. These exceptions include discharges from NPDES-permitted industrial sources and discharges from fire -fighting activities. Illicit discharges (see Table 1) are considered "illicit" because MS4s are not designed to accept, process, or discharge such non -storm water wastes. Why Are Illicit Discharge Detection and Elimination Efforts Necessary? Discharges from MS4s often include wastes and wastewater from non -storm water sources. A study conducted in 1987 in Sacramento, California, found that almost one-half of the water discharged from a local MS4 was not directly attributable to precipitation runoff. A significant portion of these dry weather flows were from illicit and/or inappropriate discharges and connections to the MS4. Table I Sources of Illicit Discharges Sanitary wastewater Effluent from septic tanks Car wash wastewaters Improper oil disposal Radiator flushing disposal Laundry wastewaters Spills from roadway accidents Improper disposal of auto and household toxics Illicit discharges enter the system through either direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or used oil dumped directly into a drain). The result is untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria to receiving waterbodies. Pollutant levels from these illicit discharges have been shown in EPA studies to be high enough to significantly degrade receiving water quality and threaten aquatic, wildlife, and human health. Fact Sheet 2.5 — Illicit Discharge Detection and Elimination Minimum Control Measure Page 2 What Is Required? Recognizing the adverse effects illicit discharges can have on receiving waters, the final rule requires an operator of a regulated small MS4 to develop, implement and enforce an illicit discharge detection and elimination program. This program must include the following: O A storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; U Through an ordinance, or other regulatory mechanism, a prohibition (to the extent allowable under State, Tribal, or local law) on non -storm water discharges into the MS4, and appropriate enforcement procedures and actions; O A plan to detect and address non -storm water discharges, including illegal dumping, into the MS4; ❑ The education of public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste; and O The determination of appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Some program implementation approaches, BMPs (i.e., the program actions/activities), and measurable goals are suggested below. Does This Measure Need to Address All Illicit Discharges? No. The illicit discharge detection and elimination program does not need to address the following categories of non -storm water discharges or flows unless the operator of the regulated small MS4 identifies them as significant contributors of pollutants to its MS4: • Water line flushing; • Landscape irrigation; • Diverted stream flows; • Rising ground waters; • Uncontaminated ground water infiltration; • Uncontaminated pumped ground water; • Discharges from potable water sources; • Foundation drains; • Air conditioning condensation; • Irrigation water; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing; • Flows from riparian habitats and wetlands; • Dechlorinated swimming pool discharges; and • Street wash water. What Are Some Guidelines for Developing and Implementing This Measure? The objective of the illicit discharge detection and elimination minimum control measure is to have regulated small MS4 operators gain a thorough awareness of their systems. This awareness allows them to determine the types and sources of illicit discharges entering their system; and establish the legal, technical, and educational means needed to eliminate these discharges. Permittees could meet these objectives in a variety of ways depending on their individual needs and abilities, but some general guidance for each requirement is provided below. The Man The storm sewer system map is meant to demonstrate a basic awareness of the intake and discharge areas of the system. It is needed to help determine the extent of discharged dry weather flows, the possible sources of the dry weather flows, and the particular waterbodies these flows may be affecting. An existing map, such as a topographical map, on which the location of major pipes and outfalls can be clearly presented demonstrates such awareness. EPA recommends collecting all existing information on outfall locations (e.g., review city records, drainage maps, storm drain maps), and then conducting field surveys to verify locations. It probably will be necessary to walk (i.e., wade through small receiving waters or use a boat for larger waters) the streambanks and shorelines for visual observation. More than one trip may be needed to locate all outfalls. Lead Prohibition and Enforcement EPA recognizes that some permittees may have limited authority under State, Tribal or local law to establish and enforce an ordinance or other regulatory mechanism prohibiting illicit discharges. In such a case, the permittee is encouraged to obtain the necessary authority, if possible. The Plan The plan to detect and address illicit discharges is the central component of this minimum control measure. The plan is dependant upon several factors, including the permittee's available resources, size of staff, and degree and character of its illicit discharges. EPA envisions a plan similar to the one Michigan recommends for use in meeting their NPDES storm Fact Sheet 2.5 — Illicit Discharge Detection and Elimination Minimum Control Measure Page 3 water general permit for small MS4s. As guidance only, the four steps of a recommended plan are outlined below: 0 Locate Problem Areas EPA recommends that priority areas be identified for detailed screening of the system based on the likelihood of illicit connections (e.g., areas with older sanitary sewer lines). Methods that can locate problem areas include: public complaints; visual screening; water sampling from manholes and outfalls during dry weather; and use of infrared and thermal photography. ® Find the Source Once a problem area or discharge is found, additional efforts usually are necessary to determine the source of the problem. Methods that can find the source of the illicit discharge include: dye -testing buildings in problem areas; dye- or smoke -testing buildings at the time of sale; tracing the discharge upstream in the storm sewer; employing a certification program that shows that buildings have been checked for illicit connections; implementing an inspection program of existing septic systems; and using video to inspect the storm sewers. ® Remove/Correct Illicit Connections Once the source is identified, the offending discharger should be notified and directed to correct the problem. Education efforts and working with the discharger can be effective in resolving the problem before taking legal action. 0 Document Actions Taken As a final step, all actions taken under the plan should be documented. This illustrates that progress is being made to eliminate illicit connections and discharges. Documented actions should be included in annual reports and include information such as: the number of outfalls screened; any complaints received and corrected; the number of discharges and quantities of flow eliminated; and the number of dye or smoke tests conducted. Educational Outreach Outreach to public employees, businesses, property owners, the general community, and elected officials regarding ways to detect and eliminate illicit discharges is an integral part of this minimum measure that will help gain support for the permittee's storm water program. Suggested educational outreach efforts include: • Developing informative brochures, and guidances for specific audiences (e.g., carpet cleaning businesses) and school curricula; • Designing a program to publicize and facilitate public reporting of illicit discharges; • Coordinating volunteers for locating, and visually inspecting, outfalls or to stencil storm drains; and • Initiating recycling programs for commonly dumped wastes, such as motor oil, antifreeze, and pesticides. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect the needs and characteristics of the operator and the area served by its small MS4. Furthermore, they should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target DateActivity I year............ Sewer system map completed; recycling program for household hazardous waste in place. 2 years.......... Ordinance in place; training for public employees completed; a certain percentage of sources of illicit discharges determined. 3 years.......... A certain percentage of illicit discharges detected; illicit discharges eliminated; and households participating in quarterly household hazardous waste special collection days. 4 years.......... Most illicit discharge sources detected and eliminated. The educational outreach measurable goals for this minimum control measure could be combined with the measurable goals for the Public Education and Outreach minimum control measure (see Fact Sheet 2.3). C Fact Sheet 2.5 — Illicit Discharge Detection and Elimination Minimum Control Measure Page 4 For Additional Information Contact a U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdWstormwater Reference Documents rf Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.cpa.gov/npdcststonnwatcr/swfrnal.cfn rr Storm Water Phase 11 Final Rule (64 FR 68722) • Internet: www.epa.gov/npdestregulations/pbase2.pdf Sources Maryland Department of the Environment, Water Management Administration. 1997. Dry Weather Flow and Illicit Discharges in Maryland Storm Drain Systems. Baltimore, Maryland. U.S. EPA Office of Water. 1993. Investigation of Inappropriate Pollutant Entries into Storm Drainage Systems: A User's Guide, EPA/600/R-92/238, Washington, D.C. Wayne County Rouge River National Wet Weather Demonstration Project. 1997. Guidance for Preparing a Program for the Elimination of Illicit Discharges. Wayne County, Michigan. 0 United States Office of Water EPA 833 -F -00-0O8 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.6 =,EPA Storm Water Phase II Final Rule Construction Site Runoff Control Minimum Control Measure Storm Water Phase I1 Final Rule Fact Sheet Series Overview 1.0 - Stn Water Phase II Final Rule: M Overview Small MS4 Program 2.0 - Small MS4 Slam Water Program Overview 2.1 - Who's Covered? Designation and Waivers of Regulated cmao MS4s 2.2 - Urbanized Areas: Definition and Description isnaamn Canow ireasues 2.3 - Public Education and Outreach 2.4 - Public PanicipatiwN Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Constructi n Sie lbmolf Control v era., • i r' .1. •,, n 3.1 - Comurclion Rainfall Erosivity Waiver Industrial "No Exposure" 4,0- Cordianal No Enosure Exclusion fa hcusuial Activity This fact sheet profiles the Construction Site Runoff Control minimum control measure, one of six measures that the operator of a Phase II regulated small municipal separate storm sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) pernit. This fact sheet outlines the Phase II Final Rule requirements and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. Why Is The Control of Construction Site Runoff Necessary? Polluted storm water runoff from construction sites often flows to MS4s and ultimately is discharged into local rivers and streams. Of the pollutants listed in Table I, sediment is usually the main pollutant of concern. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During a short period of time, construction sites can contribute more sediment to streams than can be deposited naturally during several decades. The resulting siltation, and the contribution of other pollutants from construction sites, can cause physical, chemical, and biological harm to our nation's waters. For example, excess sediment can quickly fill rivers and lakes, requiring dredging and destroying aquatic habitats. What Is Required? Table I Pollutants Commonly Discharged From Construction Sites Sediment Solid and sanitary wastes Phosphorous (fertilizer) Nitrogen (fertilizer) Pesticides Oil and grease Concrete truck washout Construction chemicals Construction debris The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in storm water runoff to their MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. The small MS4 operator is required to: O Have an ordinance or other regulatory mechanism requiring the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites; O Have procedures for site plan review of construction plans that consider potential water quality impacts; U Have procedures for site inspection and enforcement of control measures; O Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanism); Fact Sheet 2.6 — Construction Site Runoff Control Minimum Control Measure Page 2 O Establish procedures for the receipt and consideration of information submitted by the public; and O Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Suggested BMPs (i.e., the program actions/activities) and measurable goals are presented below. What Are Some Guidelines for Developing and Implementing This Measure? «her explanation and guidance for each component of a regulated small MS4's construction program is provided below. Regulatory Mechanism Through the development of an ordinance or other regulatory mechanism, the small MS4 operator must establish a construction program that controls polluted runoff from construction sites with a land disturbance of greater than or equal to one acre. Because there may be limitations on regulatory legal authority, the small MS4 operator is required to satisfy this minimum control measure only to the maximum extent practicable and allowable under State, Tribal, or local law. Site Plan Review The small MS4 operator must include in its construction program requirements for the implementation of appropriate BMPs on construction sites to control erosion and sediment and other waste at the site. To determine if a construction site is in compliance with such provisions, the small MS4 operator should review the site plans submitted by the construction site operator before ground is broken. Site plan review aids in compliance and enforcement efforts since it alerts the small MS4 operator early in the process to the planned use or non-use of proper BMPs and provides a way to track new construction activities. The tracking of sites is useful not only for the small MS4 operator's recordkeeping and reporting purposes, which are required under their NPDES storm water permit (see Fact Sheet 2.9), but also for members of the public interested in ensuring that the sites are in compliance. Inspections and Penalties Once construction commences, BMPs should be in place and the small MS4 operator's enforcement activities should begin. To ensure that the BMPs are properly installed, the small MS4 operator is required to develop procedures for site inspection and enforcement of control measures to deter infractions. Procedures could include steps to identify priority sites for inspection and enforcement based on the nature and extent of the construction activity, topography, and the characteristics of soils and receiving water quality. Inspections give the MS4 operator an opportunity to provide additional guidance and education, issue warnings, or assess penalties. To conserve staff resources, one possible option for small MS4 operators is to have these inspections performed by the same inspector that visits the sites to check compliance with health and safety building codes. Information Submitted by the Public A final requirement of the small MS4 program for construction activity is the development of procedures for the receipt and consideration of public inquiries, concerns, and information submitted regarding local construction activities. This provision is intended to further reinforce the public participation component of the regulated small MS4 storm water program (see Fact Sheet 2.4) and to recognize the crucial role that the public can play in identifying instances of noncompliance. The small MS4 operator is required only to consider the information submitted, and may not need to follow-up and respond to every complaint or concern. Although some form of enforcement action or reply is not required, the small MS4 operator is required to demonstrate acknowledgment and consideration of the information submitted. A simple tracking process in which submitted public information, both written and verbal, is recorded and then given to the construction site inspector for possible follow-up will suffice. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect the needs and characteristics of the operator and the area served by its small MS4. Furthermore, they should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target Date Acjvjty 1 year............ Ordinance or other regulatory mechanism in place; procedures for information submitted by the public in place. 2 years.......... Procedures for site inspections implemented; a certain percentage rate of compliance achieved by construction operators. 3 years.......... Maximum compliance with ordinance; improved clarity and reduced sedimentation of local waterbodies. 4 years.......... Increased numbers of sensitive aquatic organisms in local waterbodies. Fact Sheet 2.6 — Construction Site Runoff Control Minimum Control Measure Page 3 Are Construction Sites Already Covered Under the NPDES Storm Water Program? Yes. EPA's Phase I NPDES storm water program requires operators of construction activities that disturb five or more acres to obtain a NPDES construction storm water permit. General permit requirements include the submission of a Notice of Intent and the development of a storm water pollution prevention plan (SWPPP). The SWPPP must include a site description and measures and controls to prevent or minimize pollutants in storm water discharges. The Phase II Final Rule similarly regulates discharges from smaller construction sites disturbing equal to or greater than one acre and less than five acres (see Fact Sheet 3.0 for information on the Phase II construction program). Even though all construction sites that disturb more than one acre are covered nationally by an NPDES storm water permit, the construction site runoff control minimum measure for the small MS4 program is needed to induce more localized site regulation and enforcement efforts, and to enable operators of regulated small MS4s to more effectively control construction site discharges into their MS4s, To aid operators of regulated construction sites in their efforts to comply with both local requirements and their NPDES permit, the Phase II Final Rule includes a provision that allows the NPDES permitting authority to reference a "qualifying State, Tribal or local program" in the NPDES general permit for construction. This means that if a construction site is located in an area covered by a qualifying local program, then the construction site operator's compliance with the local program constitutes compliance with their NPDES permit. A regulated small MS4's storm water program for construction could be a "qualifying program" if the MS4 operator requires a SWPPP, in addition to the requirements summarized in this fact sheet. The ability to reference other programs in the NPDES permit is intended to reduce confusion between overlapping and similar requirements, while still providing for both local and national regulatory coverage of the construction site. The provision allowing NPDES permitting authorities to reference other programs has no impact on, or direct relation to, the small MS4 operator's responsibilities under the construction site runoff control minimum measure profiled here. Is a Small MM Required to Regulate Construction Sites that the Permitting Authority has Waived from the NPDES Construction Program? No. If the NPDES permitting authority waives requirements for storm water discharges associated with small construction activity (see 122.26(b)(I5)(i)), the small MS4 operator is not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such construction sites. For Additional Information Contact art U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stornwater Reference Documents a+ Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdes/stonnwater/swfinal.cfm H Storm Water Phase 11 Final Rule (64 FR 68722) • Internet: www.epagov/npdWregulaiions/phase2.pdf United States Office of Water EPA 833-F-00-009 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.7 :.EPA Storm Water Phase II Final Rule Post -Construction Runoff Control Minimum Control Measure Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Feral Rule: M Overview Small MS4 Program 2.0 - SmaU MS4 Storm Water Program Overview 2.1 - Who's Covered? Deli lron and Waivers of ReguWled Small MS4s 2.2- Urbanized Areas: Definition and Description Yuvrvan Ca*W llervaes 2.3 - Public Education and Outreach 2.4 - Public Parucipatiori Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Contra 2?- Post-Camuuctian Runoff Control 28- Pollution Prevention/Good Housekeeping 2.9 - Permitting and R The Process and Regtmem s 2.10 - Federal and State -Operated MS4s: Program Implementation Construction Program r .V^3T1, • ... 1 .1 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No E.rwrne Exclusion for IrCusUialAcuvq' y This fact sheet profiles the Post -Construction Runoff Control minimum control measure, one of six measures that the operator of a Phase 1I regulated small municipal separate storm sewer system (MS4) is required to include in its storm water management program in order to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet outlines the Phase II Final Rule requirements for post -construction runoff control and offers some general guidance on how to satisfy those requirements. It is important to keep in mind that the small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. Why Is The Control of Post -Construction Runoff Necessary? Post -construction storm water management in areas undergoing new development or redevelopment is necessary because runoff from these areas has been shown to significantly effect receiving waterbodies. Many studies indicate that prior planning and design for the minimization of pollutants in post -construction storm water discharges is the most cost-effective approach to storm water quality management. There are generally two forms of substantial impacts of post -construction runoff. The first is caused by an increase in the type and quantity of pollutants in storm water runoff. As runoff flows over areas altered by development, it picks up harmful sediment and chemicals such as oil and grease, pesticides, heavy metals, and nutrients (e.g., nitrogen and phosphorus). These pollutants often become suspended in runoff and are carried to receiving waters, such as lakes, ponds, and streams. Once deposited, these pollutants can enter the food chain through small aquatic life, eventually entering the tissues of fish and humans. The second kind of post - construction runoff impact occurs by increasing the quantity of water delivered to the waterbody during storms. Increased impervious surfaces interrupt the natural cycle of gradual percolation of water through vegetation and soil. Instead, water is collected from surfaces such as asphalt and concrete and routed to drainage systems where large volumes of runoff quickly flow to the nearest receiving water. The effects of this process include streambank scouring and downstream flooding, which often lead to a loss of aquatic life and damage to property. What Is Required? The Phase 11 Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in post -construction runoff to their MS4 from new development and redevelopment projects that result in the land disturbance of greater than or equal to I acre. The small MS4 operator is required to: ❑ Develop and implement strategies which include a combination of structural and/or non- structural best management practices (BMPs); ❑ Have an ordinance or other regulatory mechanism requiring the implementation of post - construction runoff controls to the extent allowable under State, Tribal or local law, Fact Sheet 2.7 — Post -Construction Runoff Control Minimum Control Measure Page 2 O Ensure adequate long-term operation and maintenance of controls; O Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. What Is Considered a "Redevelopment" Project? The term "redevelopment" refers to alterations of a property that change the "footprint" of a site or building in such a way that there is a disturbance of equal to or greater than I acre of land. The term does not include such activities as exterior remodeling. Because redevelopment projects may have site constraints not found on new development sites, the rule provides flexibility for implementing post -construction controls on redevelopment sites that consider these constraints. What Are Some Guidelines for Developing and Implementing This Measure? This section includes some sample non-structural and structural BMPs that could be used to satisfy the requirements of the post -construction runoff control minimum measure. It is important to recognize that many BMPs are climate -specific, and not all BMPs are appropriate in every geographic area. Because the requirements of this measure are closely tied to the requirements of the construction site runoff control minimum measure (see Fact Sheet 2.6), EPA recommends that small MS4 operators develop and implement these two measures in tandem. Sample BMPs follow. 0 Non -Structural BMPs Planning and Procedures. Runoff problems can be addressed efficiently with sound planning procedures. Master Plans, Comprehensive Plans, and zoning ordinances can promote improved water quality by guiding the growth of a community away from sensitive areas and by restricting certain types of growth (industrial, for example) to areas that can support it without compromising water quality. Site -Based Local Controls. These controls can include buffer strip and riparian zone preservation, minimization of disturbance and imperviousness, and maximization of open space. 0 Structural BMPs • Storage Practices. Storage or detention BMPs control storm water by gathering runoff in wet ponds, dry basins, or multichamber catch basins and slowly releasing it to receiving waters or drainage systems. These practices both control storm water volume and settle out particulates for pollutant removal. • Infiltration Practices. Infiltration BMPs are designed to facilitate the percolation of runoff through the soil to ground water, and, thereby, result in reduced storm water quantity and reduced mobilization of pollutants. Examples include infiltration basins/trenches, dry wells, and porous pavement. Vegetative Practices. Vegetative BMPs are landscaping features that, with optimal design and good soil conditions, enhance pollutant removal, maintain/improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal. Examples include grassy swales, filter strips, artificial wetlands, and rain gardens. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are intended to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should reflect needs and characteristics of the operator and the area served by its small MS4. Furthermore, the measurable goals should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following goals: Target Date ctivi 1 year .............Strategies Strategies developed that include structural and/or non-structural BMPs. 2 years........... Strategies codified by use of ordinance or other regulatory mechanism. 3 years........... Reduced percent of new impervious surfaces associated with new development projects. 4 years........... Improved clarity and reduced sedimentation of local waterbodies. For Additional Information Contact tQ U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdcs/stormwater Reference Documents er Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdes/stomwater/swfrnal.cfTn rr Storm Water Phase II Final Rule (64 FR 68722) • Internet: www.epa.gov/npdes/regulations/phase2.pdf 0EPA Storm Water Phase II Final Rule Fact Sheet Series 1.0 - Storm Water Phase II Final Rude: An Overview 2.0 - Smal MS4 Storm Water Program Overview 2.1 - Who's Covered? Des'grtatmn and Waivers of Regulated Small MS4s 2.2 - Iklianized Areas: Defvition and Description 2.3 - Pubtic Education and outreach 2.4 - Pubic Panidpatiord Inv&vemera 2,5 -111th Discharge Detection and Eammation 2.6 - Construction Sie Runoff Control 2.1- PosfConswction Runoff Contra 2.9 - Permitting and R tap The Process and ReqAffimecds 2.10 - Federal and State -Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1- Construction Rainfall Erosivity Waiver 4.0 - Conditional No Exposure Exclusion for Industrial Activity United States Environmental Protection Agency Storm Water Phase EPA 833-F-00-010 January 2000 Fact Sheet 2.8 Pollution Prevention/Good Housekeeping Minimum Control Measure This fact sheet profiles the Pollution Prevention/Good Housekeeping for Municipal Operations minimum control measure, one of six measures the operator of a Phase II regulated small municipal separate storm sewer system (MS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet outlines the Phase 11 Final Rule requirements and offers some general guidance on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements. Why Is Pollution Prevention/Good Housekeeping Necessary? The Pollution Prevention/Good Housekeeping for municipal operations minimum control measure is a key element of the small MS4 storm water management program. This measure requires the small MS4 operator to examine and subsequently alter their own actions to help ensure a reduction in the amount and type of pollution that: (I) collects on streets, parking lots, open spaces, and storage and vehicle maintenance areas and is discharged into local waterways; and (2) results from actions such as environmentally damaging land development and flood management practices or poor maintenance of storm sewer systems. While this measure is meant primarily to improve or protect receiving water quality by altering municipal or facility operations, it also can result in a cost savings for the small MS4 operator, since proper and timely maintenance of storm sewer systems can help avoid repair costs from damage caused by age and neglect. What Is Required? l ecognizing the benefits of pollution prevention practices, the rule requires an operator of a gulated small MS4 to: 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 system; Include employee training on how to incorporate pollution prevention/good housekeeping techniques into municipal operations such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. To minimize duplication of effort and conserve resources, the MS4 operator can use training materials that are available from EPA, their State or Tribe, or relevant organizations; Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Some program implementation approaches, BMPs (i.e., the program actions/activities), and measurable goals are suggested I Fact Sheet 2.8— Pollution Prevention/Good Housekeeping Minimum Control Measure Page 2 What Are Some Guidelines for Developing and Implementing This Measure? The intent of this control measure is to ensure that existing municipal, State or Federal operations are performed in ways that will minimize contamination of storm water discharges. EPA encourages the small MS4 operator to consider the following components when developing their program for this measure: Maintenance activities, maintenance schedules, and long-term inspection procedures for structural and non-structural controls to reduce floatables and other pollutants discharged from the separate storm sewers; Controls for reducing or eliminating the discharge of pollutants from areas such as roads and parking lots, maintenance and storage yards (including salt/sand storage and snow disposal areas), and waste transfer stations. These controls could include programs that promote recycling (to reduce litter), minimize pesticide use, and ensure the proper disposal of animal waste; Procedures for the proper disposal of waste removed from separate storm sewer systems and areas listed in the bullet above, including dredge spoil, accumulated sediments, floatables, and other debris; and Ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for incorporation of additional water quality protection devices or practices. EPA encourages coordination with flood control managers for the purpose of identifying and addressing environmental impacts from such projects. The effective performance of this control measure hinges on the proper maintenance of the BMPs used, particularly for the first two bullets above. For example, structural controls, such as grates on outfalls to capture floatables, typically need regular cleaning, while non-structural controls, such as training materials and recycling programs, need periodic updating. What Are Appropriate Measurable Goals? Measurable goals, which are required for each minimum control measure, are meant to gauge permit compliance and program effectiveness. The measurable goals, as well as the BMPs, should consider the needs and characteristics of the operator and the area served by its small MS4. The measurable goals should be chosen using an integrated approach that fully addresses the requirements and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target DateActivity 1 year........... Pollution prevention plan (the new BMPs and revised procedures) completed: employee training materials gathered or developed; procedures in place for catch basin cleaning after each storm and regular street sweeping. 2 years......... Training for appropriate employees completed; recycling program fully implemented. 3 years......... Some pollution prevention BMPs incorporated into master plan; a certain percentage reduction in pesticide and sand/salt use; maintenance schedule for BMPs established. 4 years......... A certain percentage reduction in floatables discharged: a certain compliance rate with maintenance schedules for BMPs; controls in place for all areas of concern. For Additional Information Contact LW U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stormwater Reference Documents er Storm Water Phase 1I Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdeststomwater/swfinal.cfm sa Storm Water Phase II Final Rule (64 FR 68722) • Internet: www.epagov/npdes/regulations/phase2.pdf • United States Office of Water EPA 833-F-011 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.9 Storm Water Phase II Final Rule Fact Sheet Series 1.0 - Storm Water Phase II Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Desiwa6&1 and Waivers of Regulated Sinai MS4s 2.2 - lkbanired Areas: Definition and Description Minhman Conbolilkasues 2.3 - Public Education and Outreach 2.4 - Public Participationf Involvement 2.5 - tl icit Disatarge Detection and Elimination 2.6 - CorWructon She Runoff Control 2.7 - PowConsuuctim Runoff contra 2.8 - Poiaim Preven iaJGood Housekeeping 2.9 - Perm ang and RepathQ The Process and Requdr 2.10 - Federal and Sate -Operated MS4s: Program Implememauon Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfafl Erosivity Waiver Industrial "No Exposure" 4.0 - Catdaiortal No Exposure E:dusiat for Industrial Actvity Storm Water Phase II Final Rule Permitting and Reporting: The Process and Requirements The Storm Water Phase 11 Final Rule requires operators of certain small municipal separate storm sewer systems (MS4s) to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage because their storm water discharges are considered "point sources" of pollution. All point source discharges, unlike nonpoint sources such as agricultural runoff, are required under the Clean Water Act (CWA) to be covered by federally enforceable NPDES permits. Those systems already permitted under the NPDES Phase I storm water program, even systems serving less than 100,000 people. are not required to be permitted under the Phase 1I storm water program. NPDES storm water permits are issued by an NPDES permitting authority, which may be a NPDES- authorized State or a U.S. EPA Region in non -authorized States (see the For Additional Information section for a list of U.S. EPA regional contacts). Once a permit application is submitted by the operator of a regulated small MS4 and a permit is obtained, the conditions of the permit must be satisfied (i.e., development and implementation of a storm water management program) and periodic reports must be submitted on the status and effectiveness of the program. This fact sheet explains the various permit options that are available for operators of regulated small MS4s and details the permit application and reporting requirements. Important compliance deadlines also are highlighted. Program coverage and requirements for regulated small MS4s are explained in Fact Sheets 2.0 through 2.8. What Permitting Options Are Available to Operators of Regulated Small MS4s? Unlike the Phase I program that primarily utilizes individual permits for medium and large MS4s, the Phase II approach allows operators of regulated small MS4s to choose from as many as three permitting options as listed below. The NPDES permitting authority reserves the authority to determine, however, which options are available to the regulated small MS4s. O General Permits General permits are strongly encouraged by EPA. The Phase II program has been designed specifically to accommodate a general permit approach. • General permits prescribe one set of requirements for all applicable permittees. General permits are drafted by the NPDES permitting authority, then published for public comment before being finalized and issued. A Notice of Intent (NOI) serves as the application for the general permit. The permittee complies with the permit requirements by submitting an NOI to the NPDES permitting authority that describes the storm water management plan, including best management practices (BMPs) and measurable goals. A Phase II perminee has the flexibility to develop an individualized storm water program that addresses the particular characteristics and needs of its system, provided the basic requirements of the general permit are satisfied. Fact Sheet 2.9 - Permitting and Reporting: The Process and Requirements Page 2 • Permittees also can choose to share responsibilities for meeting the Phase II program requirements. Those entities choosing to do so may submit jointly with the other municipalities or governmental entities an NOI that identifies who will implement which minimum measures within the area served by the MS4. The permittec then follows the Phase II permit application requirements (see discussion in next question below). Minimize Duplication of Effort Two permitting options tailored to minimize duplication of effort can be incorporated into the general permit by the NPDES permitting authority. First, the permitting authority can recognize in the permit that another governmental entity is responsible under an NPDES permit for implementing any or all minimum measures. Responsibility for implementation of the measure(s) would rest with the other governmental entity, thereby relieving the permittee of its responsibility to implement that particular measure(s). For example, the NPDES permitting authority could recognize a county erosion and sediment control program for construction sites that was developed to comply with a Phase I permit. As long as the Phase I1 MS4s in the county comply with the county's construction program, they would not need to develop and implement their own construction programs because such activity would already be addressed by the county. Second, the NPDES permitting authority can include conditions in a general permit that direct a perminee to follow the requirements of an existing qualifying local program rather than the requirements of a minimum measure. A qualifying local program is defined as a local, State or Tribal municipal storm water program that imposes requirements that are equivalent to those of the Phase II MS4 minimum measures. The permittee remains responsible for the implementation of the minimum measure through compliance with the qualifying local program. O Individual Permits • Individual permits are required for Phase I "medium" and "large" MS4s, but not recommended by EPA for Phase 11 program implementation. • The permittee can either submit an individual application for coverage by the Phase II MS4 program (see § 122.34) or the Phase I MS4 program (see §122.26(d)). • For individual coverage under Phase II, the permittee must follow Phase II permit application requirements and provide an estimate of square mileage served by the system and any additional information requested by the NPDES permitting authority. A permittee electing to apply for coverage under the Phase I program must follow the permit application requirements detailed at §122.26(d). The NPDES permitting authority may allow more than one regulated entity to jointly apply for an individual permit. The NPDES permitting authority could incorporate in the individual permit either of the two permitting options explained above in the Minimize Duplication of Effort section. ❑ Modification of a Phase I Individual Permit — A Co-Permittee Option The operator of a regulated small MS4 could participate as a limited co-permittee in a neighboring Phase I MS4's storm water management program by seeking a modification of the existing Phase I individual permit. A list of Phase I medium and large MS4s can be obtained from the EPA Office of Wastewater Management (OWM) or downloaded from the OWM web site. • The permittee must follow Phase I permit application requirements (with some exclusions). • The permittee must comply with the applicable terms of the Phase I individual permit rather than the minimum control measures in the Phase II Final Rule. What Does the Permit Application Require? Operators of regulated small MS4s are required to submit in their NOI or individual permit application the following information: ❑ Best management practices (BMPs) are required for each of the six minimum control measures: O Public education and outreach on storm water impacts ® Public participation/involvement A Illicit discharge detection and elimination O Construction site storm water runoff control ® Post -construction storm water management in new development/redevelopment O Pollution prevention/good housekeeping for municipal operations (See Fact Sheets 2.3 through 2.8 for full descriptions of each measure, including examples of BMPs and measurable goals) O Measurable goals for each minimum control measure (i.e, narrative or numeric standards used to gauge program effectiveness); Fact Sheet 2.9 - Permitting and Reporting: The Process and Requirements Page 3 U Estimated months and years in which actions to implement each measure will be undertaken, including interim milestones and frequency; and O The person or persons responsible for implementing or coordinating the storm water program. Relying on Another Entity The Phase II permittee has the option of relying on other entities already performing one or more of the minimum control measures, provided that the existing control measure. or component thereof, is at least as stringent as the Phase II rule requirements. For example, a county already may have an illicit discharge detection and elimination program in place and may allow an operator of a regulated small MS4 within the county's jurisdiction to rely on the county program instead of formulating and implementing a new program. In such a case, the permitter would not need to implement the particular measure, but would still be ultimately responsible for its effective implementation. For this reason, EPA recommends that the permittee enter into a legally binding agreement with the other entity. If the permitter chooses to rely on another entity, they must note this in their permit application and subsequent reports. A Phase II permittee may even rely on another governmental entity regulated under the NPDES storm water program to satisfy all of the permittee's permit obligations. Should this option be chosen, the permute must note this in its NOI, but does not need to file periodic reports. What Does the Permit Require? The operator of a regulated small MS4 has the flexibility to determine the BMPs and measurable goals, for each minimum control measure, that are most appropriate for the system. The chosen BMPs and measurable goals, submitted in the permit application, become the required storm water management program; however, the NPDES permitting authority can require changes in the mix of chosen BMPs and measurable goals if all or some of them are found to be inconsistent with the provisions of the Phase II Final Rule. Likewise, the permittee can change its mix of BMPs if it determines that the program is not as effective as it could be Fact Sheets 2.3 through 2.8 further describe each of the minimum control measures, while the permit requirements for evaluation/assessment and recordkeeping activities are described in separate sections below. Menu of $MPs The BMPs for minimum measures 3 through 6 (as listed in the permit application requirements section, above) are not enforceable until the NPDES permitting authority provides a list, or "menu," of BMPs to assist permittees in the design and implementation of their storm water management programs. The NPDES permitting authority is required to provide this menu as an aid for those operators that are unsure of the most appropriate and effective BMPs to use. Since the menu is intended to serve as guidance only, the operators can either select from the menu or identify other BMPs to meet the permit requirements. EPA is scheduled to develop a menu of BMPs by October 27, 2000. What Standards Apply? APhase II small MS4 operator is required to design its program so that it: O Reduces the discharge of pollutants to the "maximum extent practicable" (MEP); ❑ Protects water quality; and U Satisfies the appropriate water quality requirements of the Clean Water Act. Compliance with the technical standard of MEP requires the successful implementation of approved BMPs. The Phase U Final Rule considers narrative effluent limitations that require the implementation of BMPs and the achievement of measurable goals as the most appropriate form of effluent limitations to achieve the protection of water quality, rather than requiring that storm water discharges meet numeric effluent limitations. EPA intends to issue Phase U NPDES permits consistent with its August 1, 1996, Interim Permitting Approach policy, which calls for BMPs in first -round storm water permits and expanded or better tailored BMPs in subsequent permits, where necessary, to provide for the attainment of water quality standards. In cases where information exists to develop more specific conditions or limitations to meet water quality standards, these conditions or limitations should be incorporated into the storm water permit. Monitoring is not required under the Phase II Rule, but the NPDES permitting authority has the discretion to require monitoring if deemed necessary. What Evaluation/Reporting Efforts Are Required? Frequency of Reports Reports must be submitted annually during the first permit term For subsequent permit terms, reports must be submitted in years 2 and 4 only, unless the NPDES permitting authority requests more frequent reports. Fact Sheet 2.9 — Permitting and Reporting: The Process and Requirements Page 4 Required Report Content The reports must include the following: O The status of compliance with permit conditions, including an assessment of the appropriateness of the selected BMPs and progress toward achieving the selected measurable goals for each minimum measure; O Results of any information collected and analyzed, including monitoring data, if any; ❑ A summary of the storm water activities planned for the next reporting cycle; O A change in any identified best management practices or measurable goals for any minimum measure: and ❑ Notice of relying on another governmental entity to satisfy some of the permit obligations (if applicable). A Change in Selected BMP5 If, upon evaluation of the program, improved controls are identified as necessary, permittees should revise their mix of BMPs to provide for a more effective program. Such a change, and an explanation of the change, must be noted in a report to the NPDES permitting authority. What are the Recordkeeping Requirements? Records required by the NPDES permitting authority must be kept for at least 3 years and made accessible to the public at reasonable times during regular business hours. Records need not be submitted to the NPDES permitting authority unless the permittee is requested to do so. What Are the Deadlines for Compliance? O The NPDES permitting authority issues general permits for regulated small MS4s by December 9, 2002. ❑ Operators of "automatically designated" regulated small MS4s in urbanized areas submit their permit applications within 90 days of permit issuance, no later than March 10, 2003. ❑ Operators of regulated small MS4s designated by the permitting authority submit their permit applications within 180 days of notice. ❑ Regulated small MS4 storm water management programs fully developed and implemented by the end of the first permit term, typically a 5 -year period What are the Penalties for Noncompliance? The NPDES permit that the operator of a regulated small MS4 is required to obtain is federally enforceable, thus subjecting the permittee to potential enforcement actions and penalties by the NPDES permitting authority if the permittee does not fully comply with application or permit requirements. This federal enforceability also includes the right for interested parties to sue under the citizen suit provision (section 405) of the CWA. For Additional Information Contacts ow U.S. EPA Regional Storm Water Coordinators' Region I (ME'. NH', VT. MA', Rl. CT): Thelma Murphy 617 918-1615 Region 2 (NY, NJ, PR', VI): Karen O'Brien 212 637-3717 Region 3 IPA, DE, DC', MD, VA, WV): Mary Letzkus 215 814-2087 Region 4 ( KY, TN. NC. SC, MS. AL, GA. FL): Michael Mitchell 404 562-9303 Region 5 (MN, WI, IL, MI, IN, OH): Peter Swenson 312 886-0236 Region 6 (NM'. TX. OK, AR. LA): Brent Larsen 214 665-7523 Region 7 (NE, KS. IA. MO): Ralph Summers 913 551-7416 Region 8 (MT. ND, WY. SD. IJT. COI: Vernon Berry 303 312-6234 Region 9 (CA. NV, AZ'. HI): Eugene Bromley 415 744-1906 Region 10 (WA, OR, ID', AK'): Bob Robichaud 206 553-1448 ' The U.S. EPA is the NPDES permitting authority for all federally recognized Indian Country Lands, and for Federal facilities in AK. American Samoa, AZ. CO, DE, DC. FL, Guam, ID, Johnston Atoll, ME, MA, Midway & Wake Islands, NH. NM. PR, VT. VI, and WA. ' Denotes a non -authorized State for the NPDES storm water program. For these States only, the U.S. EPA Region is the NPDES' permitting authority. All other States serve as NPDES permitting authorities for the storm water program cr U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stormwater United States Office of Water EPA 833-F-00-012 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.10 CEPA Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Fnal Rule: An0verview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Desipnalgn and Waivers of Regulated Srttaf MS4s afmimum Controlllk w 2.3 - Pudic Education and Outreach 2.4 - Public PartidpatiarV Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - ConstructSite Runoff Control 2.7 - Post -Construction Runoff Control 2.8 - Pollution PreveraiwV Good Housekeeping "!tion • ji I 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposae Exclusion for Industrial Activity Storm Water Phase II Final Rule Federal and State -Operated MS4s: Program Implementation The program for small municipal separate storm sewer systems (MS4s) under the Storm Water Phase II Final Rule includes, in addition to local govemrttentjurisdictions, certain Federal and State -operated small MS4s. Federal facilities were not designated for regulation by the NPDES Phase I storm water program for MS4s. The Phase 11 Final Rule, however, includes the "United States" in the definition of a small MS4, thereby including Federal MS4 operators in the NPDES Phase II storm water program. Federal and State -operated small MS4s can include universities, prisons, hospitals, roads (i.e., departments of transportation), military bases (e.g., State Army National Guard barracks), parks, and office buildings/complexes. The small MS4 program, largely designed with municipally -operated small MS4s in mind, raises a number of implementation issues for Federal and State operators of regulated small MS4s who must obtain an NPDES permit that requires the development and implementation of a storm water management program that includes the following six minimum control measures: public education and outreach, public participation/involvement, illicit discharge detection and elimination, construction site runoff control, post -construction runoff control, and good housekeeping/pollution prevention for municipal operations (for more information on each measure, see Fact Sheets 2.3 through 2.8). This fact sheet highlights potential implementation issues related to the minimum control measures, then discusses the implementation options included in the rule that may resolve these issues. What Are Some Implementation Concerns? This section profiles the three most common implementation issues raised in the public I comments submitted regarding Fedcral/Statc implementation of the small MS4 program. How Does the Final Rule Account for Unique Characteristics? Federal and State small MS4s possess a number of characteristics that set them apart from their municipal counterparts. For example, whereas municipally -operated MS4s largely serve resident populations, many Federal or State -operated MS4s, such as medical clinics and departments of transportation (DOTs), do not. Other types of Federal and State MS4s, such as military bases, prisons, and State universities, serve populations that arc different from a typical municipal population. Their unique characteristics might lead Federal or State MS4 operators to question either the need to implement the entire suite of minimum control measures or their ability to comply fully with their Phase II storm water permit. Responsibility for developing a storm water program that comprises the minimum measures lies with the operator of the Federal or State MS4. What If the Operator Lacks Legal Authority? Three of the minimum control measures (illicit discharge detection and elimination, and the two construction -related measures) require enforceable controls on third party activities to ensure successful implementation of the measure. Some Federal and State operators, however, may not have the necessary legal regulatory authority to adopt these enforceable controls in the same manner as do local governments. Fact Sheet 2.10 - Federal and State Operated Small MS4s: Program Implementation Page 2 For example, a State DOT that is responsible for the portions of its roads running through urbanized areas may not have the legal authority to impose restrictions on, and penalties against, illicit (i.e., non -storm water) discharges into its MS4 if the source of the discharge is outside the DOT's right-of- way or jurisdiction. As in the case of local governments that lack such authority, State and Federal MS4s are expected to utilize the authority they do possess and to seek cooperative arrangements. How Can the Program Be Implemented in Areas Where There Are Multiple Regulated Entities? Since the final rule provides automatic coverage of all small MS4s within an urbanized area, regardless of political boundaries, coverage of multiple governments and agencies in a single area is likely. For example, a city government that operates a small MS4 within an urbanized area must obtain permit coverage alongside the county, State, and Federal DOTs if they all operate a portion of the roads (i.e., MS4s) in the city. All four entities are responsible for developing a storm water management program for their MS4s (or portions thereof) within the urbanized area. EPA encourages State and Federal small MS4 operators to establish cooperative agreements with cities and counties in implementing their storm water programs. Are There Implementation Strategies that Help Facilitate Program Implementation? This section offers two hypothetical strategies for resolving the implementation issues raised above. The best solution may include a creative combination of strategies. STRATEGY #1 A Focus on Choosing Appropriate BMPs The final rule requires the permittee to choose appropriate best management practices (BMPs) for each minimum control measure. In other words, EPA expects Phase II permittees to tailor their storm water management plans and their BMPs to fit the particular characteristics and needs of the permittee and the area served by its MS4. Therefore, the Federal or State operator of a regulated storm sewer system can take advantage of the flexibility provided by the rule to utilize the most suitable minimum control measures for its MS4. Below is an example of tailored activities and BMPs that Federal or State operators can implement for each measure: O Public Education and Outreach. Distribute brochures and post fliers to educate employees of a Federal hospital about the problems associated with storm water runoff and the steps they can take to reduce pollutants in storm water discharges. For example, employees could be advised against carelessly discarding trash on the ground or allowing their cars to leak oil/fluids in the parking lot. O Public Participation/involvement. Provide notice of storm water management plan development and hold meetings at which employees of a Federal office complex are encouraged to voice their ideas and opinions about the effort. Request volunteers to help develop the plan. O Illicit Discharge Detection and Elimination. Develop a map of the storm sewer system on a military base. Perform visual dry weather monitoring of any outfalls to determine whether the storm sewer system is receiving any non -storm water discharges from the base. If a dry weather flow is found, trace it back to the source and stop the discharge. Should a Federal military base identify an illicit discharge, the source of which is traced to the boundary of its system, the Federal operator should refer the discharge to the adjoining regulated MS4 for further action. ❑ Construction Site Runoff Control. Require the implementation of erosion and sediment controls, and control of waste, for any Federal or State DOT road construction. The DOT would review site plans for proper controls, perform inspections, and establish penalties in the construction contract if controls are not implemented. If construction is done directly by the regulated DOT instead of a private contractor, the DOT could be penalized by the NPDES permitting authority for non-compliance with its small MS4 permit in the event that controls are not properly implemented. ❑ Post -Construction Runoff Control. Require the implementation of post -construction storm water controls for any new construction on the grounds of a prison. This can be required as part of a construction contract, instituted as internal policy, and considered during site plan review. ❑ Pollution Prevention/Good Housekeeping for Municipal Operations. Train maintenance staff at a State university to employ pollution prevention techniques whenever possible. For example, routinely pick up trasMitter from the university grounds, use less salt on the parking lots and access roads in the winter, perform any maintenance of university vehicles under shelter only, limit pesticide use to the minimum needed, use vegetative buffer strips in the parking lots to filter runoff, and keep dumpster lids closed. I Fact Sheet 2.10 - Federal and State Operated Small MS4s: Program Implementation Page 3 STRATEGY #2 Working with Other Entities There may be instances when the Federal or State permittee has limited capabilities to satisfy one or more of the minimum control measures. As discussed above, the permittee may lack the proper legal authority to enforce controls (although it should try to obtain the necessary legal authority if at all possible). In the case of limited capabilities, the permittee can work with neighboring operators of regulated small MS4s, preferably on a watershed basis, to form a shared storm water management program in which each permittee is responsible for activities that are within individual legal authorities and abilities. The final rule allows the permittee to rely on other entities, with their permission, to implement those minimum measures that the permittee is otherwise unable to implement. Three examples are: O A State DOT with limited regulatory legal authority can reference a local sewer district's illicit detection and elimination program in its permit application, provided the program sufficiently addresses illicit discharges into the DOT's storm sewer system. ❑ The permittee or NPDES permitting authority can reference such programs as coastal nonpoint pollution control programs, State or local watershed programs, State or local construction programs, and environmental education efforts by public or private entities. ❑ The permittee can become a co-permittee with a neighboring Phase I MS4 through a modification of the Phase I MS4's individual permit. This may be the most logical and preferable option for those Federal and State entities located in close proximity to Phase I MS4s. Choosing to work with other governmental entities as a co- permittee, or referencing parts of each other's plans, can help resolve issues that may arise where multiple regulated jurisdictions exist in the same area. Permittees can avoid duplicative efforts, as well as territorial or regulatory disputes, by working together to implement the storm water program. See Fact Sheet 2.9 for more information on permitting options for regulated small MS4s. Suggested Steps for Working with Other Entities (1) Identify the boundaries of the urbanized area (see Fact Sheet 2.2 for more information on urbanized areas) (2) Identify the operators of storm sewer systems or portions of the systems within the urbanized area such as local, State, Tribal or Federal governments or other entities. (3) In seeking permit coverage: (A) Identify where another entity's program may satisfy one or more minimum control measure. If a program has requirements that are equivalent to a minimum control measure's required elements, the operator of the regulated small MS4 may reference the program in its permit application, provided the other entity gives it permission to do so. While such an arrangement relieves the operator from performing the minimum measure itself, the operator remains ultimately responsible for the measure's effective implementation (see Fact Sheet 2.9 for more information on this option) OR (B) Team with an operator of a Phase I MS4 and become a co-permittee on its existing Phase I individual permit (see Fact Sheet 2.9 for more information on this option) For Additional Information Contact U U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stormwater Reference Documents gr Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdeslstormwater/swfinal.cfm ar Storm Water Phase II Final Rule (64 FR 68722) • Internet: www.epa.gov/npdeslregulationslphase2.pdf United States Office of Water EPA 833-F-00-013 Environmental Protection (4203) January 2000 Agency Fact Sheet 3.0 =,EPA Storm Water Phase II Final Rule Small Construction Program Overview Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Proposed Rule: An Overview Small MSS Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? DeyWaoon and Waivers at Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description 2.7- Post-Canstanion Runoff cows 911.11r, . coTIT3 2.9 - Permiaing and Repa*i : The Process and Requirements 2.10 - Federal and State -Operated MS4s: Program implementation Construction Program 3.1 - Canstruc0on Rainfall Erosivuy Waiver Industrial "No Exposure" 4.0 - Conditional No Exposise Exclusion for IrdusaialActMty The 1972 amendments to the Federal Water Pollution Control Act, later referred to as the Clean Water Act (CWA), prohibit the discharge of any pollutant to navigable waters of the United States from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. Efforts to improve water quality under the NPDES program traditionally have focused on reducing pollutants in industrial process wastewater and municipal sewage treatment plant discharges. Over time, it has become evident that more diffuse sources of water pollution, such as storm water runoff from construction sites, are also significant contributors to water quality problems. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During a short period of time, construction activity can contribute more sediment to streams than can be deposited over several decades, causing physical and biological harm to our Nation's waters. In 1990, EPA promulgated rules establishing Phase I of the NPDES storm water program. Phase I addresses, among other discharges, discharges from large construction activities disturbing 5 acres or more of land. Phase U of the NPDES storm water program covers small construction activities disturbing between I and 5 acres. Phase II became final on December 8, 1999 with small construction permit applications due by March 10, 2003 (specific compliance dates will be set by the NPDES permitting authority in each State). This fact sheet outlines the construction activities covered by Phase I and Phase II, including possible waiver options from Phase II coverage, and the Phase U construction program requirements. Who Is Covered Under the Phase I Rule? Sites Five Acres and Greater The Phase I NPDES storm water rule identifies eleven categories of industrial activity in the definition of "storm water discharges associated with industrial activity" that must obtain an NPDES permit. Category (x) of this definition is construction activity, commonly referred to as "large" construction activity. Under category (x), the Phase I rule requires all operators of construction activity disturbing 5 acres or greater of land to apply for an NPDES storm water permit. Operators of sites disturbing less than 5 acres are also required to obtain a permit if their activity is part of a "larger common plan of development or sale" with a planned disturbance of 5 acres or greater. "Disturbance" refers to exposed soil resulting from activities such as clearing, grading, and excavating. Construction activities can include road building, construction of residential houses, office buildings, industrial sites, or demolition. What Is Meant by a "Larger Common Plan of Development or Sale"? As defined in EPA's NPDES storm water general permit for large construction activity, a "larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities are occurring under one plan (e.g., the operator is building on three half -acre lots in a 6 -acre development). The "plan" in a common plan of development or sale is broadly defined as any announcement or piece of documentation 0 Fact Sheet 3.0 — Construction Program Overview Page 2 (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. What Is the Definition of an "Operator" of a Construction Site? As defined in EPA's storm water general permit for large construction activity, an "operator" is the party or parties that has: O Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or O Day-to-day operational control of those activities that are necessary to ensure compliance with a storm water pollution prevention plan (SWPPP) for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). There may be more than one party at a site performing the tasks related to "operational control" as defined above. Depending on the site and the relationship between the parties (e.g., owner, developer, contractor), there can either be a single party acting as site operator and consequently be responsible for obtaining permit coverage, or there can be two or more operators, all obligated to seek permit coverage. It is important to note that NPDES-authorized States may use a different definition of "operator" than the one above. How Is the Phase II Construction Rule Related to the Phase I Construction Rule? In 1992, the Ninth Circuit court remanded for further proceedings portions of EPA's existing Phase I storm water regulation related to the category (x) discharges from large construction activity (NRDC v. EPA, 966 F.2d at 1292). EPA responded to the court's decision by designating under Phase I1 storm water discharges from construction activity disturbing less than 5 acres as sources that should be regulated to protect water quality. The Phase II Rule designates these sources as "storm water discharges associated with small construction activity," rather than as another category under "storm water associated with industrial activity." Who Is Covered Under the Phase H Construction Rule? Sites Between One and Five Acres The Storm Water Phase 11 Rule automatically designates, as small construction activity under the NPDES storm water permitting program, all operators of construction site activities that result in a land disturbance of equal to or greater than I and less than S acres. Sites Less Than One Acre Site activities disturbing less than I acre are also regulated as small construction activity if they are part of a larger common plan of development or sale with a planned disturbance of equal to or greater than 1 acre and less than 5 acres, or if they are designated by the NPDES permitting authority. The NPDES permitting authority or EPA Region may designate construction activities disturbing less than I acre based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States. Are Waivers Available for Operators of Regulated Construction Activity? Yes, but only for small, not large, construction activity. Under the Phase II Rule, NPDES permitting authorities have the option of providing a waiver from the requirements to operators of small construction activity who certify to either one of two conditions: 0 Low predicted rainfall potential (i.e., activity occurs during a negligible rainfall period), where the rainfall erosivity factor ("R" in the Revised Universal Soil Loss Equation [RUSLE]) is less than 5 during the period of construction activity; or 0 A determination that storm water controls are not necessary based on either. (A) A "total maximum daily load" (TMDL) that address the pollutant(s) of concern for construction activities; OR (B) An equivalent analysis that determines allocations are not needed to protect water quality based on consideration of instream concentrations, expected growth in pollutant concentrations from all sources, and a margin of safety. Fact Sheet 3.0 — Construction Program Overview Page 3 Pollutants of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity, or siltation) and any other pollutant that has been identified as a cause of The intent of the waiver provision is to waive only those sites that are highly unlikely to have a negative effect on water quality. Therefore, before applying for a waiver, operators of small construction activity are encouraged to consider the potential water quality impacts that may result from their project and to carefully examine such factors as proximity to water resources and sensitivity of receiving waters. a. What is the Rainfall Erosivity Factor in Waiver 0? Wgiver O uses the Rainfall Erosivity Factor to determine whether the potential for polluted discharge is low enough to justify a waiver from the requirements. It is one of six variables used by the Revised Universal Soil Loss Equation (RUSLE)—a predictive tool originally used to measure soil loss from agricultural lands at various times of the year on a regional basis —to predict soil loss from construction sites. The Rainfall Erosivity Factor waiver is time -sensitive and is dependent on when during the year a construction activity takes place, how long it lasts, and the expected rainfall and intensity during that time. For information about the rainfall erosivity waiver, see Fact Sheet 3.1. Charts detailing the value of the Rainfall Erosivity Factor by particular regions can be found in Chapter 2 of the RUSLE user's guide, which can be downloaded at: http://www.epa.gov/owm/sw/phase2. b. What is a "TMDL" in Waiver ®? impaired waters where technology -based controls 1 required by NPDES permits are not achieving State water quality standards, the CWA requires implementation of the TMDL process. The TMDL process establishes the maximum amount of pollutants a waterbody can assimilate before water quality is impaired, then requires that this maximum level not be exceeded. A TMDL is done for each pollutant that is found to be contributing to the impairment of a waterbody or a segment of a waterbody. To allow a waiver for construction activities, a TMDL would need to address sediment, or a parameter that addresses sediment such as total suspended solids, turbidity, or siltation. Additional TMDLs addressing common pollutants from construction sites such as nitrogen, phosphorus, and oil and grease also may be necessary to ensure water quality protection and allow a waiver from the NPDES storm water program A TMDL assessment determines the source or sources of a pollutant of concern, considers the maximum allowable level of that pollutant for the waterbody, then allocates to each source or category of sources a set level of the pollutant that it is allowed to discharge into the waterbody. Allocations to point sources are called wasteload allocations. How Would an Operator Qualify for, and Certify to, Waiver ®? EPA expects that when TMDLs, or equivalent analyses are completed,. there may be a determination that certain classes of sources, such as small construction activity, would not have to control their contribution of pollutants of concern to the waterbody in order for the waterbody to be in attainment with water quality standards (i.e., these sources were not assigned wasteload allocations). In such a case, to qualify for waiverS, the operator of the construction site would need to certify that its construction activity will take place, and the storm water discharges will occur, within the area covered either by the TMDLs or equivalent analysis. A certification form would likely be provided by the NPDES permitting authority for this purpose. What Does the Phase II Construction Program Require? The Phase II Final Rule requires operators of Phase II small construction sites, nationally, to obtain an NPDES permit and implement practices to minimize pollutant runoff. It is important to note that, locally, these same sites also may be covered by State. Tribal, or local construction runoff control programs (see Fact Sheets 2.6 and 2.7 for information on the Phase II small MS4's construction program). For the Phase II small construction program. EPA has taken an approach similar to Phase I where the program requirements are not fully defined in the rule but rather in the NPDES permit issued by the NPDES permitting authority. EPA recommends that the NPDES permitting authorities use their existing Phase I large construction general permits as a guide to developing their Phase II small construction permits. In doing so, the Phase II requirements would be similar to the three general Phase I requirements summarized below. ❑ Submission of a Notice of Intent (NOI) that includes general information and a certification that the activity will not impact endangered or threatened species. This certification is unique to EPA's NOI and is not a requirement of most NPDES-delegated State's NOIs; ❑ The development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) with appropriate BMPs to minimize the discharge of pollutants from the site; and Fact Sheet 3.0 — Construction Program Overview Page 4 ❑ Submission of a Notice ofTermination (NOT) when final stabilization of the site has been achieved as defined in the permit or when another operator has assumed control of the site. Can the Permitting Authority Reference a Qualifying Erosion and Sediment Control Program in NPDES Construction Permits? Yes. The Phase II Rule allows the NPDES permitting authority to include in its NPDES permits for large and for small construction activity conditions that incorporate by reference qualifying State, Tribal, or local erosion and sediment control program requirements. A qualifying program must include the following requirements: ❑ Requirements for construction site operators to implement appropriate erosion and sediment control best management practices; ❑ Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste that may cause adverse impacts to water quality; ❑ Requirements for construction site operators to develop and implement a storm water pollution prevention plan; and ❑ Requirements to submit a site plan for review that incorporates consideration of potential water quality impacts. In addition to the four elements above, a qualifying program for large construction activities must also include any additional requirements necessary to achieve the applicable technology -based standards of "Best Available Technology" (BAT) and "Best Conventional Technology" (BCT) based on the best professional judgment of the permit writer. Should a State, Tribal, or local program include one or more, but not all, of the elements listed above, the permitting authority can reference the program in the permit, provided it also lists the missing element(s) as a condition in the permit. What are Some Recommended BMPs for Small Construction Sites? The approach and BMPs used for controlling pollutants in storm water discharges from small construction sites may vary from those used for large sites since their characteristics can differ in many ways. For example, operators of small sites may have more limited access to qualified design personnel and technical information. Also, small sites may have less space for installing and maintaining certain BMPs. As is the case with all construction sites, erosion and sediment control at small construction sites is best accomplished with proper planning, installation, and maintenance of controls. The following practices have shown to be efficient, cost effective, and versatile for small construction site operators to implement. The practices are divided into two categories: non-structural and structural. ❑ Non -Structural BMPs • Minimizing Disturbance • Preserving Natural Vegetation • Good Housekeeping U Structural BMPs Erosion Controls • Mulch • Grass • Stockpile Covers Sediment Controls • Silt Fence • Inlet Protection • Check Dams • Stabilized Construction Entrances • Sediment Traps Most erosion and sediment controls require regular maintenance to operate correctly. Accumulated sediments should be removed frequently and materials should be checked periodically for wear. Regular inspections by qualified personnel, which can allow problem areas to be addressed, should be performed after major rain events. Fact Sheet 3.0 — Construction Program Overview Page 5 For Additional Information Contact sr U.S. EPA Office of Wastewater Management • Internet: www.epa.gov/npdes/stormwater • Phone: (202)-564-9545 es Your local soil conservation district office. They can provide assistance with RUSLE and other conservation related issues. • A list of conservation district contacts is available at: www.nacdnet.org/resources/cdsonweb.htnd Reference Documents Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.epa.gov/npdes/stonnwater/swfinal.cfm r+ Storm Water Phase 11 Final Rule (64 FR 68722) • Internet: www.epa.gov/npdes/regulations/phasc2.pdf • r Agricultural Handbook Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), Chapter 2, pp. 21-64, January 1997. • Internet: www.epa.gov/npdes/pubs/ruslech2.pdf a Guidance for Water Quality Based Decisions: The TMDL Process. April 1991. U.S. EPA Office of Water. EPA 440/4-91-001. • Internet: www.epa.gov/OWOW/tmdl o NPDES General Permit for Storm Water Discharges from Construction Activities (63 FR 7857). • Internet: www.epa.gov/npdes/pubs/cgp-nat.pdf www.epa.gov/npdeslpubslcgp-nat2.pdf www.epa.gov/npdes/pubs/cgp-nat3.pdf www.cpa.gov/npdes/pubs/cgp-nat4.pdf United States Office of Water EPA 833-F-00-014 Environmental Protection (42O3) January 2OO1 Agency Fact Sheet 3.1 =,EPA Storm Water Phase II Final Rule Construction Rainfall Erosivity Waiver Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase II Proposed Rule Overview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1- Who's Covered? Desnation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description Minimum Control Mwuns 2.3- Pudic Education and Outreach 2.4 - Public Participa1ionI Involvement 2.5 - Ilbdt Discharge Detection and Elimination 2.6 - Cornstruction Site Runoff Control 2.7- Post-Constntttion Runoff Control 2.8 - Pollution Preventio&Good Housekeeping t .11 Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion for Industrial Activity The 1972 amendments to the Federal Water Pollution Control Act, later referred to as the Clean Water Act (CWA), prohibit the discharge of any pollutant to navigable waters of the United States unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. Because construction site storm water runoff can contribute significantly to water quality problems, the Phase I Storm Water Rule imposed a requirement that all construction sites with a planned land disturbance of 5 acres or more obtain an NPDES permit and implement storm water runoff control plans. Phase 11 extends the requirements of the storm water program to sites of between I and 5 acres. The Rainfall erosivity waiver, along with the water quality waiver, allows permitting authorities to waive those sites that do not have adverse water quality impacts. What is Erosivity? Erosivity is the term used to describe the potential for soil to wash off disturbed, devegetated earth into waterways during storms. The potential for erosion is in part determined by the soil type and geology of the site. For instance, dense, clay -like soils on a glacial plain will erode less readily when it rains than will sandy soils on the side of a hill. Another important factor is the amount and force of precipitation expected during the time the earth will be exposed. While it is impossible to predict the weather several months in advance of construction, for many areas of the country, there are definite optimal periods, such as a dry season when rain tends to fall less frequently and with less force. When feasible, this is the time to disturb the earth, so that the site is stabilized by the time the seasonal wet weather returns. There are many other important factors to consider in determining erosivity, such as freeze/thaw cycles and snow pack. How Is Site Erosivity Determined? The method for determining if a site qualifies for the erosivity waiver is based on the Universal Soil Loss Equation (USLE) developed by the U.S. Department of Agriculture (USDA) in the 1950s to help farmers conserve their valuable topsoil. The LISLE has been updated to the Revised USLE (RUSLE). Using a computer model supported by decades worth of soil and rainfall data, USDA established estimates of annual erosivity values (R) for sites throughout the country. These R factors are used as surrogate measures of the impact that rainfall had on erosion from a particular site. They have been mapped using isoerodent contours, as shown in Figures 2 through 5. USDA developed the Erosivity Index Table (El Table, provided here in Table 1), to show how the annual erosivity factor is distributed throughout the year in two-week increments. Table I is based on 12O rainfall distribution zones for the continental U.S. Detailed instructions for calculating a project R Factor are provided later in this fact sheet. The Storm Water Phase 1I rule allows permitting authorities to waive NPDES requirements for small construction sites if the value of the rainfall erosivity factor is less than 5 during the period of construction activity (see § 122.26(b)(15)(i)(A)). Note that the permitting authority has the option to not allow waivers for small construction activity. If the permitting authority in a State chooses to use the rainfall erosivity waiver, it will not become effective until permits are required from small construction activity. Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 2 If the R Factor for the period of construction calculates to 5 or lower, and the permitting authority allows the use of the waiver, the site owner may apply for a waiver under the low rainfall erosivity provision of the applicable NPDES Construction General Permit. When applying, owners are encouraged to consider other site -specific factors, such as proximity to water resources and the sensitivity of receiving waters to sedimentation impacts. The small construction operator must certify to the permitting authority that the construction activity will take place during a period when the rainfall erosivity factor is less than 5. The start and end dates used for the construction activity will be the initial date of disturbance and the anticipated date when the site will have achieved final stabilization as defined by the permit. If the construction continues beyond this period, the operator will need to recalculate the El for the site based on this new ending date (but keeping the old start date) and either resubmit the certification form or apply for NPDES permit coverage. What Other Factors Can Affect Waiver Availability and Eligibility? EPA has established the R Factor of 5 or lower as the criteria for determining waiver eligibility. However, since the intent is to waive only those construction activities that will not adversely impact water quality, State and Tribal permitting authorities have considerable discretion in determining where, when, and how to offer it. They can establish an R Factor threshold lower than 5, or they can suspend the waiver within an area where watersheds are known to be heavily impacted by, or sensitive to, sedimentation. They can also suspend the waiver during certain periods of the year. They may opt not to offer the waiver at all. NOTE: This waiver is not available to sites that will disturb more than 5 acres of land (large construction). What if My Site Is Not Eligible? If your site is not eligible for a waiver, you must submit a Notice of Intent under the NPDES General Permit, and comply with its requirements. These requirements are described in more detail in Storm Water Phase 1I Fact Sheet 3.0. How Do I Compute the R Factor for My Project? I. Estimate the construction start date. This is the day you expect to begin disturbing soils, including grubbing, stockpiling, excavating, and grading activities. Pick the 15 - day period for your start date (e.g., June I -I5.) 2. Estimate the day you expect to have a permanent vegetative cover of at least 70%, or as defined by your permitting authority, over all previous disturbed areas. Round to the nearest 15 -day period. 3. Refer to Figure Ito find your Erosivity Index (El) Zone based on your geographic location. 4. Refer to Table I, the Erosivity Index (El) Table. Find the number of your El Zone in the left column. Locate the El values for the 15 -day periods that correspond to the project start and end periods you identified in Steps I and 2. Subtract the start value from the end value to find the % El for your site. The maximum annual El value for a project is 100%. 5. Refer to the appropriate Isoerodent Map (Figures 2 through 5). Interpolate the annual isoerodent value for your area. This is the annual R Factor for your site. 6. Multiply the percent value obtained in Step 4 by the annual isoerodent value obtained in Step 5. This is the R Factor for your scheduled project. Examples 1. Construction started and completed in one calendar year. Find the R value ofa construction site in Denver. Colorado. Assume the site will be disturbed from March Ito May 15. The El distribution zone is 84 (Figure I). Referring to Table I, the project period will span from March Ito May 15. The difference in values between these two periods is 4.7 % (4.9-0.2 =4.7). Since the annual erosion index for this location is about 45 (interpolated from Figure 2), the R Factor for the scheduled construction project is 4.7% of 45, or 2.1. Because 2.1 is less than 5, the operator of this site would be able to seek a waiver under the low rainfall erosivity provision. 2. Construction spanning two calendar years. Find the R value for a construction site in Pittsburgh, Pennsylvania. Assume the site will be disturbed from August I to April 15. The El distribution zone is Ill (Figure 1). Referring to Table 1, the project will span from August I to April 15. The difference in values between August I and December 30 is 35% (100- 65.0 = 35.0). The difference between January I and April 15 is 8%. The total percentage El for this project is 43% (35 + 8). Since the annual erosion index for this location is 112 (interpolated from Figure 2), the R Factor for the scheduled construction is 43% of 112, or 48. Since 48 is greater than 5, the operator of this site would not be able to seek a waiver under the low rainfall erosivity provision. Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 3 Can I Use A Personal Computer to Calculate the R Factor? Tused he computer program by USDA to develop the current R Factor maps and table is called the Revised Universal Soil Loss Equation, or RUSLE. The current version of RUSLE (v. 1.60) will calculate the R factor for the entire year for a limited number of cities in the U.S., but does not allow the R factor to be easily adjusted based on a shorter period of construction. If you are interested in using RUSLE; Version 1.06 for Mined Lands, Construction Sites, and Reclaimed Lands, is downloadable free of charge from the Internet at http://www.sedlab.olemiss.edu/rusle. Where Can I Get Help? 0 A copy of "Chapter 2, Rainfall -Runoff Erosivity Factor (R)" from the USDA Handbook 703 - Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), January 1997, is available on EPA's web site at httpJ/www.epa.gov/npdcslstormwater. 0 Your local soil conservation district office can provide assistance with R Factors and other conservation -related issues. To find the office nearest you, look in the government section of the phone book under soil conservation district, conservation district, natural resource conservation district, etc. For Additional Information Reference Documents 0 Storm Water Phase 11 Final Rule Fact Sheet Series • Internet: cfpub.cpa.gov/npdes/stortnwater/swfinal.cfm Storm Water Phase 11 Final Rule(64 FR 68722) • Internet: www.epa.gov/npdes/regulations/phasc2.pdf • Contact the U.S. EPA Water Resource Center • Phone: (202) 564-9545 0 Agricultural Handbook Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE). Chapter 2, pp. 21-64, January 1997. • Internet: www.epa.gov/npdes/pubs/ruslech2.pdf Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 4 Figure 1. Erosivity Index Zone Map • I, • E O'1�ie11 • I 1 I . '11111 1 1 •';•t _ #•. •t :: •', `1111 toll1111�11' , 7:, •••• !� a Ill 1 1 1 1 1 1 rl.• L•• 11 ! •/ 1111,/11 it I�1£ 111 f-�i`i':: ;� jr '1'1 1 I I I 11 I111I . :: I. t. •_ s r ...• .{.. yiig ' `. f•^I.•yg�jjFO• ••♦ ..:x•1'111'11 •-•:.•• ...•'S i`t. :::•'i:�.•y 11�1�1'1�1 �I�I,•: ::': : ai :..• •.: yyam' •:�ti :.. 111 • 111{{..� •• :: :.•:::: :: 1't.••l 11,111,I1, :••.. ::. !I• 'lip '1'111 ::'::� 1 lII.•. I t I I ti..,.�t • 111,1,1 1 •:•:.::: .. 111'III11 '•1111' •::• •t ...... : '.1 11l.•. ti:.. I::.1,,.:.�•Ir;111•. (•: •:. •i��i. : ,,111111Iry r •1111,1,1,111,11111,1,1 I•I.III1111.II11 oil4• a •�::::....: r,1,r,1,1,1,1,11I,rI•,I,I1 ..... 1111 ,1�11111 1•, .: .... .1::• .'14'.'1411111 •11� :1, J. ...........::E:: ..........A'I' 11111'111'111 '. . .''11,1111111 '1111, 1.114 ................ .......::.YI Illrll � •.1I I.111I11rI II •••••• 1 • 111 • 1• fir. u 11 • r• 1• I I I I 1 .................,Ii ••. ••••••. •••••• I I I 1 I• I 1 1 I r I I I I I I I ' ..i1 11111111111 1 •.......... . 1,1•',',1,• :::: :: c� 11I11 :: 1.1 •:\••'::. 1 1 •,1,• 11 ,.111 •• . :•A•••• •�+�' 1 1•I 11I''•r• :•. • 1 • •1lI1' 1 I. • ' •1114 ••_.I. . ::. • i 111 •,I 1 •;t••,: .:. r :::: 1' 11.1:1 • 1 �'. . n..:...:::.: I• ,:':•• •I! I, 11111 -- .�. O1' • li1'•,11'1'1111 • I.', r II ,I . y=.7 _ :. 11 •1111 'r I1 •, I;.r11'r'd 11)::•:: .: w.. '• .. •. 11'11 11'll'1••rl:: {: �.: �Iy I: •.. ^•: �::.. 1i- 'I• .'::•o .....::'t4,1 k0.Djl: 11l;• ; 33 �' I rfts i:: x111111, II'I• :••• •.1C ••• Ills Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 6 Figure 3. Isoerodent Map of the Western U.S. Note: Units for all maps on this page are are hundreds flfonUn(ad XD'r)-' 0 0 Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 7 Figure 4. Isoerodent Map of California 1., . •.. 4. S.. .. a N . .• • •.• S. I.• .. •• S. .• .. to S. i •♦ a. ., IM .. - Note: Units for all maps on this page are are hundreds MonUn(acA6jr)'' Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 8 Figure 5. Isoerodent Map of Oregon and Washington Note: Units for all maps on this page are are hundreds RQon(1n(acNNDjr)-' 0 Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 9 anisaaa a 88 a P.. ID fl a aap.. • aaaaa fi 8aa at ' moa�xln ag8a oinaW9 10 :9ssZ aaaaa ` m m n m $ 0 W { n� t mp 0n ^ ( mp m O n oq r o: 11 n m o N P P P P m W 0 h O OI n n n m m m O� b N r r N N OI (p m p 1. m . a r N.Nfl N OI V M N JT -----ID--- O �i � & m a P r n n O O ooh m m A n N N N n m 0 . w m m N ry h N O N .. m m N n a O n p m gyp•, qO n p in n1� o^ O O N 1-p mm pfin O m N N 10 m N 10 10 A m N 0 4 Qp p y� ♦ �O y �y y� in A m N : O N C1 ^ n n m N h N b N h O 10 m N A n O O 1O� . pp'- qN pn N m . N qn am.- r m N .p ^m ym O qn O y. pO my Op mN N 2 V 2 A 10 in N N + 1 m A 1NO I� A N N 10 V b N m h N 1O m 10 10 ¢ s 5? S? V S 1•) YI O N N 'I m O 10 $ a N h 1N0 O N N N N 3 1m•) YI 02 N E Ol mN N. f P..O m a.- m . m n m- p m - p n CO P . PIG N m mm N r in N $ A N N. . N N .. N in 1'1 fV n N N — 5 N a Na m N n OI m 1 np P-in-CON m O qr 1 NO N •- pO m Cfl N m q^ NI. N O OCfl n in o- •. N m N N. 10 N . n. in N n r N.. 0 5ICC C0 U ij N N fl N m 40 O3 N r m p ON n O� N y N O Vl r m. m OI IA N^ N 10 10 •O fl_fl. . . N N n C') . n V S N . ♦ . . n V . n r . N in lV 17 l•) V > nl m 0 in 1p q �O q p p • — - l 1•1 . m N N N fl N V. $ m n 1N•1 N.. 1N1 m. N N fV N N rl J Qtm0at N ! nV n m N. r 1Vp OI OI O O m m NN tm mp O t m O� YOl O f'l Ci n iV i 11• A '11d 1'v 1•i 1V A n $ X V . YI 'No N r W0000 g,roow ,.-Nino P.ocPq .. O O $ n in O'r' 'fl P - m 1r•1 N fir 1Qi 0 R n %) "+ a n 1Yi I^`1 flp.O n 0 9 a m Np m Im•1 N N m Ny trl N 1 OO mq ' ^ ry m o' aq N N 1 tR ., mm ^ n 0 0 C r N N l) N m N n. V yyy 10 10 r m m o N . n n m p. n n. o m o m P n m n o N a qO N-. N r 1•) N N N O n 0 N N C) a n O O m r N m N n NON. N_ N N m . m r r m N m N N N N N n N r O V 1•I ry r mr • N m m N A N n � . N N O r O NI� A fO h N tV O O In N H h m N N N 1V Aj O N 1•J n N• O o o $1d NIDC N 1 0 ID n N O O h m O O O n in N A m.• r 10 1 N m 00 N O r r r N o 0 0. o o n o 0 0 o n $ N m^ A n O O O n O N O m o 00010 CD O O O O N V N N N YI O O O O C n n n a n 000 O n . N O P.. O 0000C O O 0 in N a O O O O m O N n O O O C V 00000 00000 00000 00000 00000 00000 n r o 0 0 0 0 O O O O O O O O O O O O o C O O C O O C o O O p 0 O O r N n. N m h 0 0 0 '''' in m. m r N N CNI N N 1N4 N N N N n 0 Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page 10 8 8$ 8 8 8 8 8 Q^f 8 8 Q N Q m 8 8 8 8 8 8 8 8 8 8 888N8 8 Q^ 8 _ r _ _ _ _ _ _ _ _ 8 8 m 8 8 8 8 8• 08 8 m m 8 8 8 8 8 8 8 8 8 8 8 8 8^ 8 fS $ r $ _ _ $, $ r r n g m m m N m g v N r a .- 88 m n 8 8 8 8 8 888 g m n 8 b n m m ry n m m m m n 8 m m m r 8 n 8 8 8 8 8 8 8 8 8m m 8 8 g rj n w N n n m n- ry w m U) 'V m m• - n m m n n V V w m h Pqq O m l0 O m Nm p n $ m m OI $ m m O O P T$ m m O m$ M O p N 0 0 O m^^ ^ n O t pO n. m CV pm n n� n n mOm O g1.1 N N yC m O N^ a n n n m m m W O m m IC O m C O m p m O m e n V "'V V N o . n n m n a3 m o o s3 N n mN m n pN 'V n- n O n O .' n a m O n 1 my p O ^ n .10 0 O N r m m O V r 0 1D 1A m 10 m O Imfl 10 n n n n m A A Ml N^ w A n m ID A N Ct F' N ON C O mm nWIn Or' m m� COmp C O s 2 8^ 0 m. Npm .. pm r O I m OS y f0 O N N V O MI f0 10 N 10 S S f0 n 0 N N N O ID V fl IVV I�1 j O V no m mn - p n rr m Nn n m O pm m O C� - Vp (.- n O qN N pn m L• 1 m h a N N O 'ON- N V V N N n N 0 S V O N N O q 00) p m n np m r N N O O m n ry ry m w p O m p Cr,t y, n O IA rr q n N n N II V N fin •O i .1 7 i Ft iX o u WIN m o m m m n N m� (ny �n r N m r R N f^I N N N ry N m L Wn n N r P m r ry n n n m N w 0 w N m fl N m m m n n V N N O • t`I O m N fVV N m O N w n w N N m m b g V .- r Irl .- rw`l W O m O N ry n m m O n m V N V CC ^ N w U)NW V m m m m m O n-- m r O O n r N r O N O O N n A O 1A n 0 0 F ${ m n w m n m r V N- w m m V ^ V •m m n n m N V z pj n V V O m m n 0 ��°�N n O O N N- N n n N V r n N N V O V w r m r r N N w 0 m O r O 0 O O O N D O O O O 0 r 00O 0 O 0 0 0 0 0 O n N m m O m m N CIA N V V n ry N 0 0 O. ry O O n r r 0 0 0 N 0 0000 0 0 0 0 0 0 O O 0 O O O 0 0 0 0 00 00 00 ry 00000 00000 00000 G m LL b O O O O O 0 0 0 0 O O N 00000 00000 00000 G LL 0000 00000 p O O N 00000 00000 00000 1 0 0 0 0 0 0 0 0 0 0 00 00000 00000 00000 r C O 0 0 0 0 0 00000O 00000 O O O O OO 00000 t00000 O n A ., CI A M1 V V in O a h 'fling' Yl O N N b i Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver Page II 8 8 8 8 a 8 8 g m 0 8 8 8 °' 8 m 8 8 n m m 8 °' 8 8 8 8 8$ 8 8 8 8, 8 8 m° r n m O 8 u 8 m 8 8 w m 8 m 8 8 8 g$ y2 n n m n ♦ N m N t n ow O O C O m N CC 0' O w 8 ^ $ $ $ m N m ry 0 O r N P- • N N inc) n n o m a m o^� m &$ 8 8 I t &' $ 8 u m' N N -• O m w m m n N O♦ w O N m r n n in N 8 8 8 8 8 8 8 - in m a m O r n m m n w m rm n pO O O Ol ry N 8 8 8$ $ m S% r n 0 q� m VVO11 1�1 Aq O O fmp {.� Q n$ 101 p$ f0V nm CN 0 mv 1pp 1!1 N 1� fpnP m p m O O O m 10 n$ 0 0 m 0 O O OI O IP T IQ m O O m O O VI r nm w w w w new n C N N m am in t [NV N O r ry O N w t 10 < 1'1 n m m i- O n w n O n -a O J 0 •.+ 3O �p a. (N i- p C q p C' U 0 m m m 10 N n n O O N w m 10 N O 10 n A m ^' r m m w p.. n A w m /^ „ S V �') H n Irl S N N !nf V N N N Ip n Ip f0 0 m 10 m 10 r FN m fry O N V N O h N M h h J 0 D p p m qq p rrpp ttpp p ^ rm N Pd r r m IA P P 0 m N i8 A N 9 fl fl m ti fi ry m r R n - m m? •_ in m n n e N N - N N ace O YI n m l'l .I O a 01 m m ^ n n n n O r^'- p� .- m .- r N ry n Wn n w m ^. m m^^ m m w m m o o 0'.. n m • r m o n o 0 0 W n fl r O n . C. Ci ' n fl MI ^ n m o a. r r r W N in m m N ry m^ •1. n n N C' O 10 n m m- m m — '^ o n '! p. N i- w n • O r r n �- N r N O ^ n n n n O O ry L. Ct ^ O m' n m n n O C N C inc. m m fl in m N m' N N n n n l { f1 C! m G b IV C'000- - � O • C' N n r n N' N N ry n n O N m m ^ N N O r O O O O N fl000. O O O r O O n O O O O Mn m t o N O N In N O m in N mm a- O O O P-' O O^ 9 r N O O O O O O O O ry O O O o O O n m C' O . O' r N N ^ O (Mr N p r O 0 O N r O O O n N 0 0 O o O ry 0 0 6 O r ^ N w m O O w m ^ r O n O O N^^' O O O OO O O O n LL O O m n m r O O O r p N ^ r LLY r coca n O O n O 0 0 O O O^ O O O O O 0 0 0 ry C n 0 0 0 0 O 0 H N � 0 0 0 0 0 0 D 00 � 0 0 0 0 0000 c N 0 0 0 0 0 00000 00000 00000 00000 00000 p o pp V m p y7 m b m C m O m 8 m i- n n n n n n n A r 0 m m m O m b m b o$ Fact Sheet 3.1 - Construction Rainfall Erosivity Waiver q q p m q q q Page 12 H H $1 $$$ OI H H H H m$@ 00 r � O p q p YN1 y� V1 N H H$$$$ d o O P P$$ W a$ a A $$$ a P 0$ P$ S ao.aa� z,�aPina Asa$$ m$aaP ��a$a $x�aa aaP$� ��aamaa mss$a aria$ a�$am as�m$ ms$sa xIn$apaam m�apa$oapm�a s:^as;�� nmsmp in -0. nfl0 0 0- . n O a t OV P OG O a OpA O 0 O a CC tCV O nqq n O O O O m 10 • r n- n O - A n O a O-- O Jj 0 C O 1 O O A O O C N g rv♦ 010 N N P N N p ♦ A p N 1p p y� N 11 pp to A ID A n n to P. A A n O A n Ip n O 10 N 10 i$ Ip n 0 I(1 U tV $ IO O O Infl O 10 ID IO b a s >a a O$ O O N 10 N N♦ IA $$ nN N N FCt Irk ^ p o p pp I� q m y pp p p j N N m N N N a N N N N i N N O V 9i V N NI H t V M ♦ N w� W p m I� p Q q p III p �p I� ryry �p p j + N I<) I O N T C'1 9 V 3 N tR V N�$ ♦ A I'1 N a1 N — CC y p I� m pp qq q m ry p q (y p i Rb n r' V O O N Irl N N 0'1 V V^ V^ m N X N R N N gi ♦ l7 s q p p mm (y p O r !V N S !f CNI V V a h N N N N N •I'1 I`l A N ry =' N A N N WL 1� {� pp y Itl O IO N P N f7 A lV - C IV Yl Pl N N N -- r rv- 17 m N � . ' Ip 1p y� I� �I•.1 O O N R N m n N P m tV N IO`I N O A O -O O N N S Irk p Irk pp r m N Cl N 011 Cl V O N O V O 01 R N O0 •- I'I N ♦ O O V O Cl COO Cl O♦ O O n m a ♦ O P V O N - A♦ O- j ♦ O O P N A N O N P N A 17 O N Pl OI r 10 O n a P. IO'-r Cln♦ n a, r A ♦ rv♦ N♦ P. O O 19 LL 0004♦ N O N♦.- O 'Cl N '010 O n P 0 N N.- e ♦ O in I'1 O♦ p r O N La. O O N N ♦ N N O O O Cl flfl O N CC 1'1 ry O N N N N N♦ NO C 7 0 0 •- - Cl --00 00 N Vl 1') fin O N O r 0 0 0 0 0 00000 00000 00000 00000 00000 8asaaa $s$>s8 ras- s-- -a--- rrOP-COO P NW b NWpW m m 8 Oyy tL m W o N m NnW nW W m0 mW a p a O A O S A m 0 m O m O 0 ONi D m tl m m (O Nm a N m qP m 1�p m O A W w fl €0n n O N OW S �. �' N .- m W W N m N N a p. 11 n n n n n n n n n n n n m. n... w 8i Z n n S n S m a }8 n $ 1,1 n a a n n m a w W 4 n m m n S a m n m m mZn $i S n a S m `� m a S S n a l m a a a S O •b m S a tl S S n S S m S . m Nm mpN w Wj WV m OW n m � my �pa R€ in R€ a= a i o @10 N In pe pe a fml ♦ €€ m m 10 f0 m N f0 N f0 N ID m 10 m ro m a n N. O€ O a p f� ` op a a N N p Op h b m O N O N V mp O r n mp �p a o m fD € 1N C N N m O m a O N 1'1 1D 10 t w U \/ 10 p N a m y� N a n N Q N m N C N p. N a N N W t Y m m^ W n Ip tl tl f0 tl • l mm qq {r� QQ N y m h ss�s sm��� W m W W 1'1 N . N N n 18 N N N N 1p YI N yWj 9i�9i�a x�ati -I- tl N m h 0 m - m p p O - 1A 1NA Vl N N N N N N Vl m N N N N a N r NIt, P •— IN •y Cy In p y� N a O 3 N tl p }, N N YI m N 10 N W N h N a R N N Ic wI G p r1 N G rl b y� n h C N VI t vl vl N YI . t N YI N N vWl vl N N a .m- p N ry N 1� f0 11 p N 11� W �I N p p o m p {� o I� O o N C., fl T. 00 I.tm `t Ri' N • • 9 . tW . .. tp t t v"� In . o S S = S F. mN OI N N :I. a -€s�5; N R CIna 2 ry N 111 N 11 M OqI 11 fl O fl N On H pj R N N 1NV N (f VV N (fwVVm N fV (Nr N N ttV7 vC1I CN W 4 1b INV •n N N N A N ry p H yj W �j pj n p O tl W N m N' Won m m fV ' O N N 'Vu m m w W LL !V N ' O m m W. Cm 9 b n t t w W m 0 W m 9c r-; 9;c0 O O c 0 N m t r t N N C N 1 0 0 0 0 0 00000 00000� 00000O 00000 0000 ' ( V N N N N 11 N fl fl fl 1'1 O t y m OI ! r ' ^ ' ^ .t- ' ^ ^ ^ United States Office of Water EPA 833-F-00-015 Environmental Protection (4203) January 2000 Agency Fact Sheet 4.0 =,EPA Storm Water Phase II Final Rule Conditional No Exposure Exclusion for Industrial Activ Storm Water Phase 1I Final Rule Fact Sheet Series Overview 1.0 - Slam Water Phase II Final Rule: M Overview Small MS4 Program 2.0- Small MS4 Storm Water Program Overview 21- Who's Covered? De don and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Defmition and Description atrrdnxnn CmrbW r6asuros 2.3 - Pubbc Education and Outreach 2.4 - Public Par&ipatioN Involvement 2.5 - Mat Discharge Deteaim and Elminatron 2.6 - Cmswction Site Runoff Carol 2.7 - Post•Canstnxdan Runoff Control 2.9 - Permitting and Repatrq The Process and Requrenuerrds 2.10 - Federal and State -Operated MS4s: Program ImplemerUdon Construction Program 3.0 - Construction Progam Overview 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposue Exclusion for Indusvial Athvity Why Is the Phase I No Exposure Exclusion Addressed in the Phase II Final Rule? The 1990 storm water regulations for Phase I of the federal storm water program identify eleven categories of industrial activities that must obtain a National Pollutant Discharge Elimination System (NPDES ) permit. Operators of certain facilities within category eleven (xi), commonly referred to as "light industry," were exempted from the definition of "storm water discharge associated with industrial activity," and the subsequent requirement to obtain an NPDES permit, provided their industrial materials or activities were not "exposed" to storm water. This Phase I exemption from permitting was limited to those facilities identified in category (xi), and did not require category (xi) facility operators to submit any information supporting their no exposure claim. In 1992, the Ninth Circuit court remanded to EPA for further rulemaking the no exposure exemption for light industry after making a determination that the exemption was arbitrary and capricious for two reasons. First, the court found that EPA had not established a record to support its assumption that light industrial activity that is not exposed to storm water (as opposed to all other regulated industrial activity not exposed) is not a "storm water discharge associated with industrial activity." Second, the court concluded that the exemption impermissibly relied on the unsubstantiated judgment of the light industrial facility operator to determine the applicability of the exemption. This fact sheet describes the revised conditional no exposure exclusion as presented in the Phase I1 Final Rule. Who is Eligible to Claim No Exposure? As revised in the Phase 11 Final Rule, the conditional no exposure exclusion applies to ALL industrial categories listed in the 1990 storm water regulations, except for construction activities disturbing 5 or more acres (category (x)). What Is The Regulatory Definition of "No Exposure"? The intent of the no exposure provision is to provide facilities with industrial materials and activities that are entirely sheltered from storm water a simplified way of complying with the storm water permitting provisions of the Clean Water Act (CWA). This includes facilities that are located within a larger office building, or facilities at which the only items permanently exposed to precipitation are roofs, parking lots, vegetated areas, and other non -industrial areas or activities. The Phase 11 regulatory definition of "no exposure" follows. No exposure means all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Fact Sheet 4.0 — Conditional No Exposure Exclusion for Industrial Activity Page 2 A storm resistant shelter is not required for the following industrial materials and activities: O Drums, barrels, tanks, and similar containers that are tightly scaled, provided those containers are not deteriorated and do not leak. "Scaled" means banded or otherwise secured and without operational taps or valves; O Adequately maintained vehicles used in materials handling; and O Final products, other than products that would be mobilized in storm water discharges (e.g., rock salt). The term "storm -resistant shelter," as used in the no exposure definition, includes completely roofed and walled buildings or structures, as well as structures with only a top cover but no side coverings, provided material under the structure is not otherwise subject to any run-on and subsequent runoff of storm water. While the intent of the no exposure provision is to promote a condition of permanent no exposure, EPA understands certain vehicles could become temporarily exposed to rain and snow while passing between buildings. Adequately maintained mobile equipment (e.g., trucks, automobiles, forklifts, trailers, or other such general purpose vehicles found at the industrial site that are not industrial machinery, and that are not leaking contaminants or are not otherwise a source of industrial pollutants) can be exposed to precipitation or runoff. Such activities alone would not prevent a facility from certifying to no exposure. Similarly, trucks or other vehicles awaiting maintenance at vehicle maintenance facilities that are not leaking contaminants or are not otherwise a source of industrial pollutants, are not considered "exposed." In addition, EPA recognizes that there are circumstances where permanent no exposure of industrial activities or materials is not possible and, therefore, under such conditions, materials and activities can be sheltered with temporary covers (e.g., tarps) between periods of permanent enclosure. The no exposure provision does not specify every such situation, but NPDES permitting authorities can address this issue on a case -by -case basis. The Phase 11 Final Rule also addresses particulate matter emissions from roof stacks/vents that are regulated by, and in compliance with, other environmental protection programs (i.e., air quality control programs) and that do not cause storm water contamination are considered not exposed. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (i.e., under an air quality control program) and evident in storm water outflow are considered exposed. Likewise, visible "track out" (i.e., pollutants carried on the tires of vehicles) or windblown raw materials is considered exposed. Leaking pipes containing contaminants exposed to storm water are deemed exposed, as are past sources of storm water contamination that remain onsite. General refuse and trash, not of an industrial nature, is not considered exposed as long as the container is completely covered and nothing can drain out holes in the bottom, or is lost in loading onto a garbage truck. Industrial refuse and trash that is left uncovered, however, is considered exposed. What is Required Under the No Exposure Provision? The Phase II Final Rule represents a significant expansion in the scope of the original no exposure provision in terms of eligibility (as noted above) and responsibilities for facilities claiming the exclusion. Under the original no exposure provision, a light industry operator was expected to make an independent determination of whether there was "exposure" of industrial materials and activities to storm water and, if not, simply not submit a permit application. An operator seeking to qualify for the revised conditional no exposure exclusion, including light industry operators (i.e., category (xi) facilities), must: U Submit written certification that the facility meets the definition of "no exposure" to the NPDES permitting authority once every 5 years. The Phase II Final Rule includes a four -page No Exposure Certification form that uses a series of yes/no questions to aid facility operators in determining whether they have a condition of no exposure. It also serves as the necessary certification of no exposure provided the operator is able to answer all the questions in the negative. EPA's Certification is for use only by operators of industrial activity located in areas where EPA is the NPDES permitting authority. • A copy of the Certification can be obtained from the U.S. EPA Office of Wastewater Management (OWM) web site, the Storm Water Phase it Final Rule published in the Federal Register (Appendix 4), or by contacting OWM. O Submit a copy, upon request, of the Certification to the municipality in which the facility is located. O Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports publicly available upon request. Regulated industrial operators need to either apply for a permit or submit a no exposure certification form in order to be in compliance with the NPDES storm water regulations. Any permit held becomes null and void once a certification form is submitted. Fact Sheet 4.0— Conditional No Exposure Exclusion for Industrial Activity Page 3 Even when an industrial operator certifies to no exposure, the NPDES permitting authority still retains the authority to require the operator to apply for an individual or general permit if the NPDES permitting authority has determined that the discharge is contributing to the violation of, or interfering with the attainment or maintenance of, water quality standards, including designated uses. Are There Any Concerns Related to Water Quality Standards? Yes. An operator certifying that its facility qualifies for the conditional no exposure exclusion may, nonetheless, be required by the NPDES permitting authority to obtain permit authorization. Such a requirement would follow the permitting authority's determination that the discharge causes, has a reasonable potential to cause, or contributes to a violation of an applicable water quality standard, including designated uses. Designated uses can include use as a drinking water supply or for recreational purposes. Many efforts to achieve no exposure can employ simple good housekeeping and contaminant cleanup activities such as moving materials and activities indoors into existing buildings or structures. In limited cases, however, industrial operators may make major changes at a site to achieve no exposure. These efforts may include constructing a new building or cover to eliminate exposure or constructing structures to prevent run-on and storm water contact with industrial materials and activities. Major changes undertaken to achieve no exposure, however, can increase the impervious area of the site, such as when a building with a smooth roof is placed in a formerly vegetated area. Increased impervious area can lead to an increase in the volume and velocity of storm water runoff, which, in turn, can result in a higher concentration of pollutants in the discharge, since fewer pollutants are naturally filtered out. The concern of increased impervious area is addressed in one of the questions on the Certification form, which asks, "Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? If yes, please indicate approximately how much area was paved or roofed over." This question has no affect on an operator's eligibility for the exclusion. It is intended only to aid the NPDES permitting authority in assessing the likelihood of such actions interfering with water quality standards. Where this is a concern, the facility operator and its NPDES permitting authority should take appropriate actions to ensure that water quality standards can be achieved. What Happens if the Condition of No Exposure Is Not Maintained? Under the Phase II Final Rule, the no exposure exclusion is conditional and not an outright exemption. Therefore, if there is a change in circumstances that causes exposure of industrial activities or materials to storm water, the operator is required to comply immediately with all the requirements of the NPDES Storm Water Program, including applying for and obtaining a permit. Failure to maintain the condition of no exposure or obtain coverage under an NPDES storm water permit can lead to the unauthorized discharge of pollutants to waters of the United States, resulting in penalties under the CWA. Where a facility operator determines that exposure is likely to occur in the future due to some anticipated change at the facility, the operator should submit an application and acquire storm water permit coverage prior to the exposed discharge to avoid such penalties. For Additional Information Contact a U.S. EPA Office of Wastewater Management • Phone: (202) 564-9545 • Internet: www.epa.gov/npdes/stormwater x;f Your NPDES Permitting Authority. (A list of names and phone numbers for each U.S. EPA Region is included in Fact Sheet 2.9. Additional contact names, addresses, and numbers for each State can be obtained from the U.S. EPA Office of Wastewater Management) Reference Documents aw Storm Water Phase II Final Rule Fact Sheet Series • Internet: cfpub.epagov/npdes/stormwater/swfinal.cfm rr Storm Water Phase 11 Final Rule (64 FR 68722) • Internet: www.epa.gov/npdes/tegulations/phase2.pdf • Contact the U.S. EPA Water Resource Center Phone: (202) 260-7786 Enclosure 4 Population for Storm Water Entities as Defined by the 2000 Census and published by the EPA. Population for Storrs Water Entitles as Defined by the 2000 Census Arkansas This document contains calcnations for populations within an Urbanized Areas (UA) as designated by the US Census Bureau for the suite of Arkansas. Population is C3IW.ated for each portion of ether an incorporated place or a County within an UA and is based on the population values provided by nro 2000 US Census Tiler data In addition, a table is induded that provides a kst of places that have a population greater than 10.000 people and a population denary of 1,000 people per squate nub dut ate riot bated In an UA. This data was obtained from the US Census weosrte. k'IiriIffi.Li4 lnJ The table below provides a guide far the UA table headings. Heading Meant UA Name Name of the UA County County in wncJ1 the UA is located FIPSSTCO State and County FIPS Code Place Name Name of the In cporatod Place Populattn 2000 Population of selected area based on the 2000 US Census UA Nama County FIPSSTCO Place Nano Population 2000" Fa eeWlo-5 b, AR 05007 Banton Bentonwe 18.578 Fa n le, AR 05007 Benton Bethel Heighzs 646 Fayet1eMIe—Spnngdale, AR 05143 Washington Elkins 756 Fayet1elo—Spnnqdale, AR 05143 Washington Elm Springs 68 Fayotte'wJle-Spdngdale. AR 05143 Washington Fermi on 3,271 Fayetteville —Springdale. AR 05143 Washington Fayettovifle 56095 Fayetteville - le, AR 05143 Washington Greenland 552 FayeuoIle—Sp.ingdalo. AR 05143 Washington Jonneon 2.250 Fayette.tllo—Spnngcialo, AR 05007 Benton Lmle Flxk 1.514 Fayettovflle—Sp�nqdale, AR 05007 Benton Lovell 4.881 Fayetteville—Spnngdale, AR 05007 Benton Pre:ne Creek 438 Fay.ttevthe—Sptingdale, AR 05007 Benton R en 36,234 Fayetteville -Springdale. AR 05007 Benton Spririgdato 1.712 Fayettevillo—Spnnqdalo, AR 05143 Washington SpririgdaM 42.663 Fayettelle—S�tnale, AR 05007 Berton 1,391 FB seal.-Sprin la, AR 05143 Wash on 1.538 Fort Synth, AR —OK 05131 Sebastian Bating 4.146 Fort Smuh. AR -OK 05131 Sebastian Fort Smith 79.669 Fort Smith, AR -OK 05033 Cntwford Van Buren 18.705 Fort Smith. AR -OK 05033 Crawford • 1 495 Fort Srnlh, AR -OK 05131 Sebastian 183 Hol Spnngs, AR 05051 Garland Ho_ Springs s 35.365 HotSprings,AR 05051 Garland Lake Harnnton 1.609 HotSpnng,,AR 05051 Garland Pinoy 3.304 HotSprings,AR 05051 Garland Rockwell 3,024 Hot S s, AR 05051 Garland 8.439 HotSpnngs,AR 05059 Ho Spring 22 Jonesboro. AR 05031 Crai (road Brookland 1.248 Jonesboro, AR 05031 Craighead Jonesboro 50.342 Jonesboro. AR 05031 Cra, head 214 Little Rock. AR 05125 Saone Alexander 412 Litt Rock, AR 05125 Salme Bauxite 335 Litt Rock. AR 05125 Saline Benton 21,262 LittleRock, AR 05125 Saline B nl 9.143 Litt Rock, AR 05085 Lonoke Cabot 13,540 Litt Rock, AR 05119 Pulaski Cammack Vigage 831 Lime Rock, AR 05119 Pulaski College Station 734 Lime Rock. AR 05119 Pulaski G:bson 2.263 Little Rock, AR 05119 Pulaski GiavelRidge 3,232 Lithe Rock, AR 05119 Pulaski Jacksonville 20,511 Little Rack. AR 05119 Pulaski Little Rock 178,277 Little Rock. AR 05119 Pulaski McAJmant 1905 Little Rock, AR 05119 Pulaski North Little Rock 59,992 Lime Rock. AR 05119 Pulaski Parkers-Iron Spnngs 1.334 Little Rack. AR 05125 Saline Salem 2,702 Limo Rock. AR 05125 Saline Shahan /Ws 1,997 UA Name County FIPSSTCO Place Name Popul.tion 2000^ Unto Rock, AR 05119 Pulaski Sherwood 21.036 Lille Rock. AR 05119 Pulaski Sweet Home 708 Lille Rock, AR 05119 Pulaski W tsville 843 tattle Roar. AR 05085 Lonoko • 851 LilleReck, AR 05119 Pulaslu 5,624 Lithe Rock. AR 05125 Same 4,999 Mem Ns. TN -MS -AR 05035 Crittenden Marion 8.271 Mem 's. TN -MS -AR 05035 Cmteoden Sunset 348 Memphis. TN -1S -AR 05035 Crittenden West Memphis 27.479 Memans. TN —MS —AR 05035 Crittenden 1,863 Pine BIu11. AR 05069 Jefferson Pine Bluff 53.255 Pine Blu11, AR 05069 Jefferson White Hal 4.105 Pine Bluff, AR 05069 Jefferson 1.224 Texarkana, TX -Texarkana, AR 05091 Miller Texarkana 23,308 Texarkana, TX —Texarkana, AR 05091 Miller 213 • The poptaoon ®lculaeon for this area provides the population wltNn the UA Oust Is not located within an incorporated place. An Incorporated place is seated to provide 9pvammantal funaions for a concentration or people. For example. o aty or munopality 'son example of an incorporated place. Some incorporated places appear twice since they are lasted wi9kn multiple counbet To calculate the total population within the incorporated place tied al values assodatee with it together. For example, the population of Springdale Is 1.712 • 42,663 = 43,375. As menuoned above, the plao s in the to00w ng lade all have a poptialan greater than 10.000 people and a poptlaton density of 1.000 people per square nNe. Place and County Population 2000 Population Density (per mlii) Nlwdelphia city, Clark County 10,912 1,486.20 Conwaycity. Faulkner County 43.167 1,231,70 El Dorado city. Union County 21,530 1,323.30 Hamson city. Boone County 12,152 1,187,50 Hope d . Mernpst.ad County 10,616 1,061.90 Magnoa city, Columtka County 10858 1,165.30 Maumeae city. Pulaslu County 10.557 1.199.30 Mountain Hone city. Baxter County 11,012 1,035.70 Sevcyoty.wbiteCounty 18,928 1,287.40 Sibam Sp.iags ay. Benton County 10.843 1,027.20 Population density and 2000 nfOrMeO n was obtained from the U.S. Census website (htlpJhww.census .govhnaIn m wScen2000 Mill). Model Small MS4 General Permit Permit No. National Pollutant Discharge Elimination System General Permit for Discharges From Small Municipal Separate Storm Sewer Systems Authorization to Discharge Under the National Pollutant Discharge Elimination System In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et, seq.), except as provided in Part 1.3 of this permit, operators of small municipal separate storm sewer systems, located in an area specified in Part 1.1, and who submit a Notice of Intent and a storm water management plan in accordance with Part 1I, are authorized to discharge pollutants to waters of the United States in accordance with the conditions and requirements set forth herein. This permit becomes effective on This permit and the authorization to discharge expire at midnight, Signed and issued this_day of _, 200_ (Signature of Regional Administrator) Model Small MS4 General Permit Table of Contents I. Coverage Under this Permit 0.1 Permit Area 1.2 Eligibility L3 Limitations on Coverage 1.4 Obtaining Authorization 2. Notice of Intent Requirements 2.1 Deadlines for Notification 2.2 Contents of the Notice of Intent 2.3 Where to Submit 2.4 Co-Permittees Under a Single Permit 3. Special Conditions 3.1 Discharges to Water Quality Impaired Water Bodies 4. Storm Water Management Programs 4.1 Requirements 4.2 Minimum Control Measures 4.3. Qualifying State, Tribal or Local Program 4.4 Sharing Responsibility 4.5 Reviewing and Updating Stoma Water Management Programs 5. Monitoring, Recordkceping and Reporting 5.1 Monitoring 5.2 Recordkeeping 5.3 Reporting 6. Standard Permit Conditions 6.1 Duty to Comply 6.2 Continuation of the Expired General Permit 6.3 Need to Halt or Reduce Activity not a Defense 6.4 Duty to Mitigate 6.5 Duty to Provide Information 6.6 Other Information 6.7 Signatory Requirements 6.8 Property Rights 6.9 Proper Operation and Maintenance 6.10 Inspection and Entry 6.11 Permit Actions 6.12 Permit Transfers 6.13 Anticipated Noncompliance 6.14 State/fribal Environmental Laws 6.15 Severability 6.16 Procedures for Modification or Revocation 6.17 Requiring an Individual Permit or an Alternative General Permit 7. Definitions Model Small MS4 General Permit Coverage Under this Permit 1.1 Permit Area This permit covers the State of and Indian Country lands in the State of (This language will vary, depending on whether the permit is State-wide, watershed specific, etc.) 1.2 Eligibility 1.2.1 This permit authorizes discharges of storm water from small municipal spa rate storm sewer systems (MS4s), as defined in 40 CFR § 122.26(b)(16). You are authorized to discharge under the terms and conditions of this general permit if you: 1.2.1.1 Operate a small MS4 within the permit area described in Section II, 1.2.1.2 Arc not a "large" or "medium" MS4 as defined in 40 CFR § 122.26(bx4) or (7), and 1.2.1.3 Submit a Notice of Intent (NO!) in accordance with Part 2 of this permit, and 1.2.1.4 Are located fully or partially within an urbanized area as determined by the latest Decennial Census by the Bureau of Census, or 1.2.1.5 Are designated for permit authorization by EPA pursuant to 40 CFR § 122.32. 1.2.2 The following are types of authorized discharges: 1.2.2.1 Storm water discharges. This permit authorizes storm water dis barges to waters of the United States from the small MS4s identified in Section 1.2.1, except as excluded in Section 1.3. 1.2.2.2 Non -storm water discharges. You are authorized to discharge the followhg non -storm water sources provided that the permitting authority has not determined these sources to he substantial contributors of pollutants to your MS4: — Water line flushing — Landscape irrigation — Diverted stream flows — Rising ground waters Uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.) — Uncontaminated pumped ground water — Discharges from potable water sources Foundation drains Air conditioning condensate — Irrigation water Springs — Water from crawl space pumps — Footing drains Model Small MS4 General Permit Lawn watering Individual residential car washing — Flows from riparian habitats and wetlands — Dechlorinated swimming pool discharges — Street wash water — Discharges or flows from fire fighting activities 1.3 Limitations on Coverage This permit does not authorize: 1.3.1 Discharges that are mixed with sources of non -storm water unless such non -storm water discharges are: In compliance with a separate NPDES permit, or — Determined not to be a substantial contributor of pollutants to waters of the U.S. 1.3.2 Storm water discharges associated with industrial activity as defined in 40 CFR § I 22.26(b)(14)(i)-(ix) and (xi). 1.3.3 Storm water discharges associated with construction activity as defined in 40 CFR § 122.26(b)(14)(x) or 40 CFR § 122.26(b)(I5). 1.3.4 Storm water discharges currently covered under another permit. 1.3.5 Discharges or discharge -related activities that are likely to jeopardize the continued existence of any species that are listed as endangered or threatened under the ESA or result in the adverse modification or destruction of habitat that is designated as critical under the ESA 1.3.5.1 Coverage under this permit is available only if your storm water discharges, allowable non -storm water discharges, and discharge -related activities are not likely to jeopardize the continued existence of any species that arc listed as endangered or threatened ("listed") under the ESA or result in the adverse modification or destruction of habitat that is designated as critical under the ESA ("critical habitat"). Submission of a signed NOI will be deemed to also constitute your certification of eligibility. 1.3.5.2 "Discharge -related activities" include: activities which cause, contribute to, or result in storm water point source pollutant discharges; and measures to control storm water discharges, including the siting, construction and operation of best management practices (©MPs) to control, reduce or prevent storm water pollution. 1.3.5.3 Determining eligibility: You must use the most recent Endangered and Threatened Species County - Species List available from EPA and the process in Addendum A (ESA Screening Process) to determine your eligibilityprior to submittal of your NOI. As of the effective date of this permit, the most current version of the List is located on the EPA Office of Water Web site at www.epa.gov/npdes/endangeredspecics. You must meet one or more of the criteria in 1.3.5.3.1 through 1.3.5.3.5 below for the entire term of coverage under the permit. You must include a certification of eligibility and supporting documentation on the eligibility determination as part of your Storm Water Management Program. Model Small MS4 General Permit 1.3.5.3.1 Criteria A: No endangered or threatened species or critical habitat are in proximity to your MS4 or the point where authorized discharges reach the receiving water; or 1.3.5.3.2 Criteria B: In the course of a separate federal action imo lying your MS4 (e.g., EPA processing request for an individual NPDES permit, issuance of a CWA §404 wetlands dredge and fill permit, etc.), formal or informal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service (the "Services") under Section 7 of the Endangered Species Act (ESA) has been concluded and that consultation: — Addressed the effects of your storm water discharges, allowable non -storm water discharges, and discharge -related activities on listed species and critical habitat and — The consultation resulted in either a no jeopardy opinion or a written concurrence by the Service on a finding that your storm water discharges, allowable non -storm water discharges, and discharge -related activities are not likely to adversely affect listed species or critical habitat; or 1.3.5.3.3 Criteria C: Your activities are authorized under Section 10 of the ESA and that authorization addresses the effects of your storm water discharges, allowable non -storm water discharges, and discharge -related activities on listed species and critical habitat; or 1.3.5.3.4 Criteria D: Using best judgement, you have evalut ted the effects of your storm water discharges, allowable non -storm water discharges, and discharge -related activities on listed endangered or threatened species and critical habitat and do not have reason to believe the discharge and discharge - related activities will jeopardize the continued existence of any species or result in the adverse modification or distruction of critical habitat. 1.3.5.3.5 Criteria E: Your storm water discharges, allowable non -storm water discharges, and discharge -related activities were already addressed in another operator's certification of eligibility under Part 1.3.5.3.1 through 1.3.5.3.4 which included your MS4's activities. By certifying eligibility under this Part, you agree to comply with any measures or controls upon which the other operator's certification was based; 1.3.5.4 The permitting authority may require any permtttee or applicant to provide documentation of the permittee or applicant's determination of eligibility for this permit using the procedures in Addendum A where EPA or the Fish and Wildlife and/or National Marine Fisheries Services determine that there is a potential impact on endangered or threatened species or a critical habitat. 1.3.5.5 You are not authorized to discharge if the discharges or do charge -related activities cause a prohibited "take" of endangered or threatened species (as defined under Section 3 of the Endangered Species Act and 50 CFR 17.3), unless such takes are authorized under sections 7 or 10 of the Endangered Species Act. 1.3.5.6 You are not authorized for any discharges where the dischag es or discharge -related activities are likely to jeopardize the continued existence of any species that are listed as endangered or threatened under the ESA or result in the adverse modification or destruction of habitat that is designated as critical under the ESA. 13.6 Discharges and discharge -related activities with unconsidered adverse effects on historic properties. Model Small MS4 General Permit 1.3.6.1 Determining eligibility: In order to be eligible for covertg a under this permit, you must be in compliance with the National Historic Preservation Act. Your discharges may be authorized under this permit only if: 1.3.6.1.1 Criteria A: your storm water discharges, allowable non -storm water discharges, and discharge -related activities do not affect a property that is listed or is eligible for listing on the National Register of Historic Places as maintained by the Secretary of the Interior; or 1.3.6.1.2 Criteria B: you have obtained and arc in compliance with a written agrcan em with the state Historic Preservation Officer (SHPO) or tribal Historic Preservation Officer (THPO) that outlines all measures you will undertake to mitigate or prevent adverse effect to the historic property. 1.3.6.2 Addendum B of this permit provides guidance and re E rences to assist you with determining your permit eligibility concerning this provision. 1.3.7 Discharges to territorial seas, the contiguous zone, and the oceansunles s such discharges arc in compliance with the ocean discharge criteria of 40 CFR Part 125, Subpart M. 1.3.8 Discharges that would cause or contribute to instrcamexceedances of water quality standards. Your storm water management program must include a description of the BMPs that you will be using to ensure that this will not occur. EPA may require corrective action or an application for an individual permit or alternative general permit if an MS4 is determined to cause an instream exceedance of water quality standards. 1.3.9 Discharges of any pollutant into any water for which a Total Maxine m Daily Load (TMDL) has been either established or approved by the EPA unless your discharge is consistent with that TMDL. This eligibility condition applies at the time you submit a Notice of Intent for coverage. If conditions change after you have permit coverage, you may remain covered by the permit provided you comply with the applicable requirements of Part 3. You must incorporate any limitations, conditions and requirements applicable to your discharges, including monitoring frequency and reporting required, into your Storm Water Management Program in order to be eligible for permit coverage. For discharges not eligible for coverage under this permit, you must apply for and receive an individual or other applicable general NPDES permit prior to discharging. 1.3.10 Discharges that do not comply with your stateor tribe's anti -degradation policy for water quality standards. State and tribal anti -degradation policies can be obtained from the appropriate state or tribal environmental office or their Internet sites. 1.4 Obtaining Authorization 1.4.1 To be authorized to discharge storm water fromsm all MS4s, you must submit a notice of intent (NOI) and a description of your storm water management program in accordance with the deadlines presented in Section 2.1 of this permit. 1.4.2 You must submit the information required in sectbn 2.2 on the latest v ersion of the NOI form (or photocopy thereof) contained in Addendum #. Your NOI must be signed and dated in accordance with section 6.7 of this permit. Note: If EPA notifies dischargers (either directly, by public notice, or by making information available on the Internet) of other NOI form options that become available at a later date (e.g., electronic Model Small MS4 General Permit submission of forms), you may take advantage of those options to satisfy the NOI use and submittal requirements of Section 2. 1.4.3 Unless notified by EPA to the contrary, dischargers who submit an NOI in accordance with the requirements of this permit are authorized to discharge storm water from small MS4s under the terms and conditions of this permit thirty (30) days after the date that the NOI is postmarked. The Agency may deny coverage under this permit and require submittal of an application for an individual NPDES permit based on a review of the NOI or other information (see Section 6.16). 1.4.4 Where the operator changes, or where a new operator is added after submittal of an NOI under Pan 2, a new NOI must be submitted in accordance with Part 2 prior to the change or addition. Notice of Intent Requirements 2.1 Deadlines for Notification 2.1.1 If you are automatically designated under 40 CFR § 122.32(a)(1) or designated by the permitting authority in this permit, then you are required to submit an NOI and a description of your storm water management program or apply for an individual permit by March 10, 2003. 2.1.2 Additional designations after the date ofpermit issuance. If you are designated by the permitting authority after the date of permit issuance, then you arc required to submit an NOI and a description of your storm water management program to the permitting authority within 180 days of notice. 2.1.3 Submitting a Late NOI. You are not prohibited from submitting an NOI after the dates provided in 2.1. If a late NOI is submitted, your authorization is only for discharges that occur after permit coverage is granted. The permitting authority reserves the right to take appropriate enforcement actions for any unpermitted discharges. 2.2 Contents of the Notice of Intent The Notice(s) of Intent must be signed in accordance with Part 6.7 of this permit and must include the following information: 2.2.1 Information on the Permittee: 2.2.1.1 The name of your municipal entity/tribe/state agency/federal agency, mailing address, and telephone number; 2.2.1.2 An indication of whether you are a Federal, State, Tribal, or other public entity; 2.2 .2 Information on the Municipal Separate Storm Sewer System: 2.2.2.1 The Urbanized Area or Core Municipality (if you are not located in an Urbanized Area) where your system is located; the name of your organization, county(ies) or parish(es) where your MS4 is located, and the latitude and longitude of an approximate center of your MS4; 2.2.2.2. The name of the major receiving water(s) and an indication of whether any of your receiving waters are on the latest CWA §303(d) list of impaired waters. If you have discharges to 303(d) waters, a certification that your Storm Water Management Program complies with the requirements of Pan 3.1; Model Small MS4 General Permit 2.2.1.3 An indication of whether all or a portion of the MS4 is located on Indian Country lands. 2.2.1.4 If you are relying on another governmental entity regulated under thcs torm water regulations (40 CFR 122.26 & 122.32) to satisfy one or more of your permit obligations (see Part 4.4), the identity of that entity(ics) and the clement(s) they will be implementing. 2.2.1.5 Information on your chosen best management practices (Bvl Ps) and the measurable goals for each of the storm water minimum control measures in Part 4.2 of this permit, your timeframe for implementing each of the BMPs, and the person or persons responsible for implementing or coordinating your Storm Water Management Program. 2.2.1.6 Certification of whether you have met elk ibility criteria for protection of threatened or endangered species, critical habitat, historic properties, and marine fisheries. 2.3 Where to Submit You arc to submit your NOI, signed in accordance with the signatory requirements of Section 6.7 of this permit, to EPA at one of the following addresses: For regular mail: Storm Water Notice of Intent (4203M) USEPA 1200 Pennsylvania Ave., N.W. Washington, DC 20460 For overnight/express mail: Storm Water Notice of Intent USEPA East Building, Room 7329 1201 Constitution Ave., N.W. Washington, DC 200O4 2.4 Co-Permittees Under a Single NOI You may partner with other MS4s to develop and implement your storm water management program. You may also jointly submit an NOI with one or more MS4s. Each MS4 must fill out the NOI form in Addendum N. The description of your storm water management program must clearly describe which permittecs arc responsible for implementing each of the control measures. Special Conditions 3.1 Discharges to Water Quality Impaired Waters 3.1.1 Applicability: You must: 3.1.1.1 Determine whether storm water discharge from any part of the MS4 significantly contributes directly or indirectly to a 303(d) listed (i.e., impaired) waterbody. If you have discharges meeting this criteria, you must comply with Part 3.1.2; if you do not, Part 3.1 does not apply to you. 3.1.1.2 If you have "303(d)" discharges described above,y ou must also determine whether a TMDL has been developed and approved by EPA for the listed waterbody. If there is a TMDL, you must comply with Model Small MS4 General Permit both Parts 3.1.2 and 3.1.3; ifno has been approved, Part 3.1.3 does not apply until a TMDL has been approved. 3.1.2 Water Quality Controls for Discharges to Impaired Waterbodies. Your storm water management program (SWMP) must include a section describing how your program will control the discharge of the pollutants of concern and ensure your discharges will not cause or contribute to instrcam exceedances of the water quality standards. This discussion must specifically identify measures and IIMPs that will collectively control the discharge of the pollutants of concern. 3.1.3 Consistency with Total Maximum Daily Load (TMDL) Allocations. If a TMDL has been approved for any waterbody into which you discharge, you must: 3.1.3.1 Determine whether the approved TMDL is for a pollutant likely to be found in storm water discharges from your MS4. 3.1.3.2 Determine whether the TMDL includes a pollutant wasteload allocation (WLA) or other performance requirements specifically for storm water discharge from your MS4. 3.1.3.3 Determine whether the TMDL address a flow regime likely to occur during periods of storm water discharge. 3.1.3.4 After the determinations above have been made and if it is found that your MS4 must implement specific WLA provisions of the TMDL, assess whether the WLAs are being met through implementation of existing storm water control measures or if additional control measures are necessary. 3.1.3.5 Document all control measures currently being implemented or planned to be implemented. Also include a schedule of implementation for all planned controls. Document the calculations or other evidence that shows that the WLA will be met. 3.1.3.6 Describe a monitoring program to determine whether the storm water controls arc adequate to meet the WLA. 3.1.3.7 If the evaluation shows that additional or modified controls are necessary, describe the type and schedule for the control additions/revisions. Continue Parts 3.1.3.4-7 until two continuous monitoring cycles show that the WLAs are being met or that WQ standards are being met. Storm Water Management Programs 4.1 Requirements 4.1.1 You must develop, implement, and enforce a storm water management program designed to reduce the discharge of pollutants from your small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The storm water management program should include management practices; control techniques and system, design, and engineering methods; and such other provisions as the permitting authority determines appropriate for the control of such pollutants. Your storm water management program must include the following information for each of the six minimum control measures described in Section 4.2 of this permit: Model Small MS4 General Permit 4.1.1.1 The best management practices (BMPs) that you oranother entity will implement for each of the storm water minimum control measures; 4.1.1.2 The measurable goals for each of the BMR including, as appropriate, the months and years in which you will undertake required actions, including interim milestones and the frequency of the action; and 4.1.1.3 The person or persons responsible for implementing or coordinaing the BMPs for your storm water management program. 4.1.2 In addition to the requirements listed above, you must provide a rationale 5 r how and why you selected each of the BMPs and measurable goals for your storm water management program. The information required for such a rationale is given in Section 4.2 for each minimum measure. You must develop and fully implement your program by [insert date five years from permit issuance]. 4.2 Minimum Control Measures The six minimum control measures that must be included in your storm water management program are: 4.2.1 Public Education and Outreach on Storm Water Impacts 4.2.1.1 Permit requirement. You must inplem ent a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. 4.2.1.2 Decision process. You must document your decision process for the de'e lopment of a storm water public education and outreach program. Your rationale statement must address both your overall public education program and the individual 13MPs, measurable goals and responsible persons for your program. The rationale statement must include the following information, at a minimum: 4.2.1.2.1 How you plan to inform indivdua Is and households about the steps they can take to reduce storm water pollution. 4.2.1.2.2 How you plan to inform individuals and groups on how to bccon c involved in the storm water program (with activities such as local stream and beach restoration activities). 4.2.1.2.3 Who are the target audiences for your education progranw ho are likely to have significant storm water impacts (including commercial, industrial and institutional entities) and why those target audiences were selected. 4.2.1.2.4 What are the target pollutant sources your public education program is designed to address. 4.2.1.2.5 What is your outreach strategy, including the mcchanim s (e.g., printed brochures, newspapers, media, workshops, etc.) you will use to reach your target audiences, and how many people do you expect to reach by your outreach strategy over the permit term. 4.2.1.2.6 Who is responsible for overall management and inplem entation of your storm water public education and outreach program and, if different, who is responsible for each of the BMPs identified for this program. 10 Model Small MS4 General Permit 4.2.1.2.7 How will you evaluate the success of this minimum measure, including how you selected the measurable goals for each of the BMPs. 4.2.2 Public Involvement/Participation 4.2.2.1 Permit requirement. You must at a minimum, comply with State, Tribal, and local public notice requirements when implementing a public involvement/participation program. 4.2.2.2 Decision process. You must document your decision process for the development of a storm water public involvement/participation program. Your rationale statement must address both your overall public involvement/participation program and the individual BMPs, measurable goals, and responsible persons for your program. The rational statement must include the following information, at a minimum: 4.2.2.2.1 How you have involved the public in the development and submittal of your NOI and storm water management program. 4.2.2.2.2 What is your plan to actively involve the public in the development and implementation of your program. 4.2.2.2.3 Who are the target audiences for your public involvement program, including a description of the types of ethnic and economic groups engaged. You are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. 4.2.2.2.4 What are the types of public involvement activities included in your program. Where appropriate, consider the following types of pubic involvement activities: 4.2.2.2.4.1 Citizen representatives on a storm water management panel 4.2.2.2.4.2 Public hearings 4.2.2.2.4.3 Working with citizen volunteers willing to educate others about the program 4.2.2.2.4.4 Volunteer monitoring or stream/beach clean-up activities 4.2.2.2.5 Who is responsible for the overall management and implementation of your storm water public involvement/participation program and, if different, who is responsible for each of the BMPs identified for this program. 4.2.2.2.6 How you will evaluate the success of this minimum measure, including how you selected the measurable goals for each of the BMPs. 4.2.3 Illicit Discharge Detection and Elimination 4.2.3.1 Permit requirement. You must: 4.2.3.1.1 Develop, implement and enforce a program to detect and eliminate illicit discharges (as defined in 40 CFR § 122.26(b)(2)) into your small MS4; Model Small MS4 General Permit 4.2.3.1.2 Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; 4.2.3.1.3 To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges into your storm sewer system and implement appropriate enforcement procedures and actions; 4.2.3.1.4 Develop and implement a plan to detect and address non -storm water discharges, including illegal dumping, to your system; 4.2.3.1.5 Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and 4.2.3.1.6 Address the following categories of non -storm water discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non -storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). 4.2.3.1.7 You may also develop a list of other similar occasional incidental non -storm water discharges (e.g. non-commercial or charity car washes, etc.) that will not be addressed as illicit discharges. These non - storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions you have established for allowing these discharges to your MS4 (e.g., a charity car wash with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs on the wash water, etc.). You must document in your SWMP any local controls or conditions placed on the discharges. You must include a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to your MS4. 4.2.3.2 Decision process. You must document your decision process for the development of a storm water illicit discharge detection and elimination program. Your rationale statement must address both your overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and responsible persons for your program. The rational statement must include the following information, at a minimum: 4.2.3.2.1 How you will develop a storm sewer map showing the location of all outfalls and the names and location of all receiving waters. Describe the sources of information you used for the maps, and how you plan to verify the outfall locations with field surveys. If already completed, describe how you developed this map. Also, describe how your map will be regularly updated. 4.2.3.2.2 The mechanism (ordinance or other regulatory mechanism) you will use to effectively prohibit illicit discharges into the MS4 and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. If your ordinance or regulatory mechanism is already developed, include a copy of the relevant sections with your program. 12 Model Small MS4 General Permit 4.2.3.2.3 Your plan to ensure through appropriate enforcemen procedures and actions that your illicit discharge ordinance (or other regulatory mechanism) is implemented. 4.2.3.2.4 Your plan to detect and address illicit discharges to your system, includingdis charges from illegal dumping and spills. Your plan must include dry weather field screening for non -storm water flows and field tests of selected chemical parameters as indicators of discharge sources. Your plan must also address on -site sewage disposal systems that flow into your storm drainage system. Your description must address the following, at a minimum: 4.2.3.2.4.1 Procedures for locating priority areas which includes areas with higher likelihood of illicit connections (e.g., areas with older sanitary sewer lines, for example) or ambient sampling to locate impacted reaches. 4.2.3.2.4.2 Procedures for tracing the source of an illicit discharg, including the specific techniques you will use to detect the location of the source. 4.2.3.2.4.3 Procedures for removing the source of the illicit discharge 4.2.3.2.4.4 Procedures for program evaluation and assessment. 4.2.3.2.5 How you plan to inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Include in your description how this plan will coordinate with your public education minimum measure and your pollution prevention/good housekeeping minimum measure programs. 4.2.3.2.6 Who is responsible for overall management and implenentation of your storm water illicit discharge detection and elimination program and, if different, who is responsible for each of the BMPs identified for this program. 4.2.3.2.7 How you will evaluate the success of this minis um measure, including how you selected the measurable goals for each of the BMPs. 4.2.4 Construction Site Storm Water Runoff Control 4.2.4.1 Permit requirement. You must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for storm water discharges associated with small construction activity in accordance with § I 22.26(b)( I 5)(i), you are not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such sites. Your program must include the development and implementation of, at a minimum: 4.2.4.1.1 An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; 4.2.4.1.2 Requirements for construction site operators to implement appropriate erosion and sediment control best management practices; 13 Model Small MS4 General Permit 4.2.4.1.3 Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; 4.2.4.1.4 Procedures for site plan review which incorporate consideration of potential water quality impacts; 42.4.1.5 Procedures for receipt and consideration of information submitted by the public; and 4.2.4.1.6 Procedures for site inspection and enforcement of control measures. 4.2.4.2 Decision process. You must document your decision process for the development of a construction site storm water control program. Your rationale statement must address both your overall construction site storm water control program and the individual BMPs, measurable goals, and responsible persons for your program. The rationale statement must include the following information, at a minimum: 4.2.4.2.1 The mechanism (ordinance or other regulatory mechanism) you will use to require erosion and sediment controls at construction sites and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. If your ordinance or regulatory mechanism is already developed, include a copy of the relevant sections with your storm water management program description. 4.2.4.2.2 Your plan to ensure compliance with your erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms you will use to ensure compliance. Describe your procedures for when you will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non- compliance. 4.2.4.2.3 Your requirements for construction site operators to implement appropriate erosion and sediment control BMPs and control waste at construction sites that may cause adverse impacts to water quality. Such waste includes discarded building materials, concrete truck washouts, chemicals, liner, and sanitary waste. 4.2.4.2.4 Your procedures for site plan review, including the review of pre -construction site plans, which incorporate consider of potential water quality impacts. Describe your procedures and the rationale for how you will identify certain sites for site plan review, if not all plans are reviewed. Describe the estimated number and percentage of site that will have pre -construction site plans reviewed. 4.2.4.2.5 Your procedures for receipt and consideration of information submitted by the public. Consider coordinating this requirement with your public education program. 4.2.4.2.6 Your procedures for site inspection and enforcement of control measures, including how you will prioritize sites for inspection. 4.2.4.2.7 Who is responsible for overall management and implementation of your construction site storm water control program and, if different, who is responsible for each of the BMPs identified for this program. 4.2.4.2.8 Describe how you will evaluate the success of this minimum measure, including how you selected the measurable goals for each of the BMPs. 14 Model Small MS4 General Permit 4.2.5 Post -Construction Storm Water Management In New Development and Redevelopment 4.2.5.1 Permit requirement. You must: 4.2.5.1.1 Develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts; 4.2.5.1.2 Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community; and 4.2.5.1.3 Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; and 4.2.5.1.4 Ensure adequate long-term operation and maintenance of BMPs. 4.2.5.2 Decision process. You must document your decision process for the development of a post - construction storm water management program. Your rationale statement must address both your overall post -construction storm water management program and the individual BMPs, measurable goals, and responsible persons for your program. The rational statement must include the following information, at a minimum: 4.2.5.2.1 Your program to address storm water runoff from new development and redevelopment projects. Include in this description any specific priority areas for this program. 4.2.5.2.2 How your program will be specifically tailored for your local community, minimize water quality impacts, and attempt to maintain pre -development runoff conditions. 4.2.5.2.3 Any non-structural BMPs in your program, including, as appropriate: 4.2.5.2.3.1 Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; 4.2.5.2.3.2 Policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; 4.2.5.2.3.3 Education programs for developers and the public about project designs that minimize water quality impacts; and 4.2.5.2.3.4 Other measures such as minimization of the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 4.2.5.2.4 Any structural BMPs in your program, including, as appropriate: 4.2.5.2.4.! Storage practices such as wet ponds and extended -detention outlet structures; 15 Model Small MS4 General Permit 4.2.5.2.4.2 Filtration practices such as grassed swales, bioretention cells, sand filters and filter strips; and 4.2.5.2.4.3 Infiltration practices such as infiltration basins and infiltration trenches. 4.2.5.2.5 What are the mechanisms (ordinance or other regulatory mechanisms) you will use to address post - construction runoff from new developments and redevelopments and why did you chose that mechanism. If you need to develop a mechanism, describe your plan and a schedule to do so. If your ordinance or regulatory mechanism is already developed, include a copy of the relevant sections with your program. 4.2.5.2.6 How you will ensure the long-term operation and maintenance (O&M) of your selected BMPs. Options to help ensure that future O&M responsibilities are clearly identified include an agreement between you and another party such as the post -development landowners or regional authorities. 4.2.5.2.7 Who is responsible for overall management and implementation of your post -construction storm water management program and, if different, who is responsible for each of the BMPs identified for this program. 4.2.5.2.8 How you will evaluate the success of this minimum measure, including how you selected the measurable goals for each of the BMPs. 4.2.6 Pollution Prevention/Good Housekeeping for Municipal Operations 4.2.6.1 Permit requirement. You must: 4.2.6.1.1 Develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations; and 4.2.6.1.2 Using training materials that arc available from EPA, your State, Tribe, or other organizations, your program must include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 4.2.6.2 Decision process. You must document your decision process for the development of a pollution prevention/good housekeeping program for municipal operations. Your rationale statement must address both your overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for your program. The rationale statement must include the following information, at a minimum: 4.2.6.2.1 Your operation and maintenance program to prevent or reduce pollutant runoff from your municipal operations. Your program must specifically list the municipal operations that are impacted by this operation and maintenance program. You must also include a list of industrial facilities you own or operate that arc subject to EPA's Multi -Sector General Permit (MSGP) or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to your MS4. Include the EPA permit number or a copy of the Industrial NOI form for each facility. 4.2.6.2.2 Any government employee training program you will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. Describe any existing, available materials you plan to use. Describe how this training program will be coordinated with the IV Model Small MS4 General Permit outreach programs developed for the public information minimum measure and the illicit discharge minimum measure. 4.2.6.2.3 Your program description must specifically address the following areas: 4.2.6.2.3.1 Maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to your MS4. 4.2.6.2.3.2 Controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor storage areas, and salt/sand storage locations and snow disposal areas you operate. 4.2.6.2.3.3 Procedures for the proper disposal of waste removed from your MS4 and your municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris. 4.2.6.2.3.4 Procedures to ensure that new flood management projects are assessed for impacts on water quality and existing projects arc assessed for incorporation of additional water quality protection devices or practices. 4.2.6.2.4 Who is responsible for overall management and implementation of your pollution prevention/good housekeeping program and, if different, who is responsible for each of the BMPs identified for this program. 4.2.6.2.5 How you will evaluate the success of this minimum measure, including how you selected the measurable goals for each of the BMPs. 4.3 Qualifying State, Tribal, or Local Program )Optional section to use if appropriate) If you arc meeting the requirements of (name of qualifying program), you do not need to submit the information required in Pan 4._ 4.4 Sharing Responsibility Implementation of one or more of the minimum measures may be shared with another entity, or the entity may fully take over the measure. You may rely on another entity only if: 4.4.1 The other entity, in fact, implements the control measure; 4.4.2 The particular control measure, or component of that measure, is at ]cast as stringent as the corresponding permit requirement. 4.4.3 The other entity agrees to implement the control measure on your behalf. Written acceptance of this obligation is expected. This obligation must be maintained as part of the description of your storm water management program. If the other entity agrees to report on the minimum measure, you must supply the other entity with the reporting requirements contained in Section 5.3 of this permit. If the other entity fails to implement the control measure on your behalf, then you remain liable for any discharges due to that failure to implement. 4.5 Reviewing and Updating Storm Water Management Programs 17 Model Small MS4 General Permit 4.5.1 Storm Water Management Program Review: You must do an annual review of your Storm Water Management Program in conjunction with preparation of the annual report required under Part 5.3 4.5.2 Storm Water Management Program Update: You may change your Storm Water Management Program during the life of the permit in accordance with the following procedures: 4.5.2.1 Changes adding (but not subtracting or replacing) components, controls, or requirements to the Storm Water Management Program may be made at any time upon written notification to the Permitting Authority. 4.5.2.2 Changes replacing an ineffective or unfeasible BMP specifically identified in the Storm Water Management Program with an alternate BMP may be requested at any time. Unless denied by the Permitting Authority, changes proposed in accordance with the criteria below shall be deemed approved and may be implemented 60 days from submittal of the request. If request is denied, the permitting Authority will send you a written response giving a reason for the decision. Your modification requests must include the following: 4.5.2.2.1 An analysis of why the BMP is ineffective or infeasible (including cost prohibitive), 4.5.2.2.2 Expectations on the effectiveness of the replacement BMP, and 4.5.2.2.3 An analysis of why the replacement BMP is expected to achieve the goals of the BMP to be replaced. 4.5.2.3 Change requests or notifications must be made in writing and signed in accordance with Part 6.7. 4.5.3 Storm Water Management Program Updates Required by the Permitting Authority: The Permitting Authority may require changes to the Storm Water Management Program as needed to: 4.5.3.1 Address impacts on receiving water quality caused, or contributed to, by discharges from the Municipal Separate Storm Sewer System; 4.5.3.2 Include more stringent requirements necessary to comply with new Federal statutory or regulatory requirements; or 4.5.3.3 Include such other conditions deemed necessary by the Permitting Authority to comply with the goals and requirements of the Clean Water Act, 4.5.3.4 Changes requested by the Permitting Authority must be made in writing, set forth the time schedule for you to develop the changes, and offer you the opportunity to propose alternative program changes to meet the objective of the requested modification. All changes required by the Permitting Authority will be made in accordance with 40 CFR 124.5, 40 CFR 122.62, or as appropriate 40 CFR 122.63. 45.4 Transfer of Ownership. Operational Authority, or Responsibility for Storm Water Management Program Implementation: You must implement the Storm Water Management Program on all new areas added to your portion of the municipal separate stone sewer system (or for which you become responsible for implementation of storm water quality controls) as expeditiously as practicable, but not later than one year from addition of the new areas. Implementation may be accomplished in a phased manner to allow additional time for controls that cannot be implemented immediately. 18 Model Small MS4 General Permit 4.5.4.1 Within 90 days of a transfer of ownership, operational authority, or responsibility for storm water management program implementation, you must have a plan for implementing your Storm Water Management Program on all affected areas. The plan may include schedules for implementation. Information on all new annexed areas and any resulting updates required to the Storm Water Management Program must be included in the annual report. 4.5.4.2 Only those portions of the Storm Water Management Programs specifically required as permit conditions shall be subject to the modification requirements of 40 CFR 124.5. Addition of components, controls, or requirements by the permittee(s) and replacement of an ineffective or infeasible BMP implementing a required component of the Storm Water Management Program with an alternate BMP expected to achieve the goals of the original BMP shall be considered minor changes to the Storm Water Management Program and not modifications to the permit. Monitoring, Recordkeeping, and Reporting 5.1 Monitoring 5.1.1 You must evaluate program compliance, the appropriateness of identified best management practices, and progress toward achieving identified measurable goals. If you discharge to a water for which a TMDI. has been approved, you will have additional monitoring requirements under Part 3.1.3.6. 5.1.2 When you conduct monitoring at your permitted small MS4, you are required to comply with the following: 5.1.2.1 Representative monitoring. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 5.1.2.2 Test Procedures. Monitoring results must be conducted according to test procedures approved under 40 CFR part 136 5.1.3 Records of monitoring information shall include: 5.1.3.1 The date, exact place, and time of sampling or measurements; 5.1.3.2 The names(s) of the individual(s) who performed the sampling or measurements; 5.1.3.3 The date(s) analyses were performed; 5.1.3.4 The names of the individuals who performed the analyses; 5.1.3.5 The analytical techniques or methods used; and 5.1.3.6 The results of such analyses. 5.1.4 Discharge Monitoring Report. Monitoring results must be reported on a Discharge Monitoring Report (DMR) 5.2 Record keeping 19 Model Small MS4 General Permit 5.2.1 You must retain records of all monitoring information, including, all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, copies of Discharge Monitoring Reports (DMRs), a copy of the NPDES permit, and records of all data used to complete the application (NOI) for this permit, for a period of at least three years from the date of the sample, measurement, report or application, or for the term of this permit, whichever is longer. This period may be extended by request of the permitting authority at any time. 5.2.2 You must submit your records to the permitting authority only when specifically asked to do so. You must retain a description of the Storm Water Management Program required by this permit (including a copy of the permit language) at a location accessible to the permitting authority. You must make your records, including the notice of intent (NOI) and the description of the storm water management program, available to the public if requested to do so in writing. 5.3 Reporting You must submit annual reports to the Director by [insert date] of each year of the permit term. The report must include: 5.3.1 The status of your compliance with permit conditions, an assessment of the appropriateness of the identified best management practices, progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, and the measurable goals for each of the minimum control measures; 5.3.2 Results of information collected and analyzed, if any, during the reporting period, including monitoring data used to assess the success of the program at reducing the discharge of pollutants to the MEP; 5.3.3 A summary of the storm water activities you plan to undertake during the next reporting cycle (including an implementation schedule); 5.3.4 Proposed changes to your storm water management program, including changes to any BMPs or any identified measurable goals that apply to the program elements; and 5.3.5 Notice that you are relying on another government entity to satisfy some of your permit obligations (if applicable). Standard Permit Conditions 6.1 Duty to Comply 6.1.1 You must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 6.1.2 Penalties for Violations of Permit Conditions. The Director will adjust the civil and administrative penalties listed below in accordance with the Civil Monetary Penalty Inflation Adjustment Rule (Federal Register: December 31, 1996, Volume 61, Number 252, pages 69359-69366, as corrected, March 20, 1997, Volume 62, Number 54, pages RD Model Small MS4 General Permit 13514-13517) as mandated by the Debt Collection Improvement Act of 1996 for inflation on a periodic basis. This rule allows EPA's penalties to keep pace with inflation. The Agency is required to review its penalties at least once every four years thereafter and to adjust them as necessary for inflation according to a specified formula. The civil and administrative penalties listed below were adjusted for inflation starting in 1996. 6.1.2.1 Criminal Violations, 6.1.2.1.1 Negligent Violations, The CWA provides that any person who negligently violates permit conditions implementing section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than I year, or both. In the case of a second, or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. 6.1.2.1.2 Knowing Violations, The CWA provides that any person who knowingly violates permit conditions implementing section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both. In the case of a second, or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than S 100,000 per day of violation, or by imprisonment of not more than 6 years, or both. 6.1.2.1.3 Knowing Endangerment. The CWA provides that any person who knowingly violates permit conditions implementing section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall, upon conviction be subject to a fine not more than $250,000 or by imprisonment for not more than 15 years, or both. In the case of a second, or subsequent conviction for a knowing endangerment violation, a person shall be subject to criminal penalties of not more than $500,000 per day of violation, or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than S 1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. 6.1.2.1.4 False Statement. The CWA provides that nay person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Act or who knowingly falsifies, tampers with, or renders inaccurate, any monitoring device or method required to be maintained under the Act, shall upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or by both. If a conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or by both. (See section 309(c)(4) of the Clean Water Act). 6.1.2.2 Civil Penalties. 21 Model Small MS4 General Permit The CWA provides that any person who violates a permit condition implementing section 301, 302, 306, 307, 308, 318 or 405 of the Act or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under sections 402(aX3) or 402(b)(8) of the Act is subject to a civil penalty not to exceed $27,500 per day for each violation. 6.1.2.3 Administrative Penalties. The CWA provides that any person who violates a permit condition implementing section 301, 302, 306, 307, 308, 318 or 405 of the Act or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act is subject to an administrative penalty as follows: 6.1.2.3.1 C/ass 1 penalty. Not to exceed $ 11,000 per violation nor shall the maximum amount exceed $27,500. 6.1.2.3.2 Class I/ penalty. Not to exceed $11,000 per day for each day during which violation continues nor shall the maximum amount exceed $137,500. 6.2 Continuation of the Expired General Permit If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedures Act and remain in force and effect. Any permittee who was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earlier of: 6.2.1 Reissuance or replacement of this permit, at which time you must comply with the Notice of Intent conditions of the new permit to maintain authorization to discharge; or 6.3.2 Issuance of an individual permit for your discharges; or 6.3.3 A formal permit decision by the permitting authority not to reissue this general permit, at which time you must seek coverage under an alternative general permit or an individual permit. 6.3 Need to Halt or Reduce Activity Not a Defense It shall not be a defense for you in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 6.4 Duty to Mitigate You must take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 6.5 Duty to Provide Information You must furnish to the permitting authority any information that is requested to determine compliance with this permit or other information. 22 6.6 Other Information If you become aware that you have failed to submit any relevant facts in your Notice of Intent or submitted incorrect information in the Notice of Intent or in any other report to the permitting authority, you must promptly submit such facts or information. 6.7 Signatory Requirements All Notices of Intent, reports, certifications, or information submitted to the permitting authority, or that this permit requires be maintained by you shall be signed and certified as follows: 6.7.1 Notices of Intent, All Notices of Intent shall be signed by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes (I) the chief executive officer of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). 6.7.2 Reports and other information. All reports required by the permit and other information requested by the permitting authority or authorized representative of the permitting authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 6.7.2.1 Signed authorization. The authorization is made in writing by a person described above and submitted to the permitting authority. 6.7.2.2 Authorization with specified responsibility. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of manager, operator, superintendent, or position of equivalent responsibility for environmental matter for the regulated entity. 6.7.3 Changes to authorization. If an authorization is no longer accurate because a different operator has the responsibility for the overall operation of the MS4, a new authorization satisfying the requirement of (6.7.2.2) above must be submitted to the permitting authority prior to or together with any reports, information, or notices of intent to be signed by an authorized representative. 6.7.4 Certification. Any person (as defined above in (6.7.2.1 and 6.7.2.2)) signing documents under section 6.7 shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lain aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 6.8 Property Rights 23 Model Small MS4 General Permit The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege, nor does it authorize any injury to private property nor any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations 6.9 Proper Operation and Maintenance You must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by you to achieve compliance with the conditions of this permit and with the conditions of your storm water management program. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the. operation of backup or auxiliary facilities or similar systems, installed by you only when the operation is necessary to achieve compliance with the conditions of the permit. 6.10 Inspection and Entry You must allow the permitting authority or an authorized representative (including an authorized contractor acting as a representative of the Administrator) upon the presentation of credentials and other documents as may be required by law, to do any of the following: 6 10. I Enter your premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit; 6.10.2 Have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; 6.10.3 Inspect at reasonable times any facilities or equipment (including monitoring and control equipment) practices, or operations regulated or required under this permit; and 6.10.4 Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location. 6.11 Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. Your filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 6.12 Permit Transfers This permit is not transferable to any person except after notice to the permitting authority. The permitting authority may require modification or revocation and reissuance of the permit to change the name of the permitter and incorporate such other requirements as may be necessary under the Act. 6.13 Anticipated Noncompliance You must give advance notice to the permitting authority of any planned changes in the permitted small MS4 or activity which may result in noncompliance with this permit. 6.14 State/Tribal Environmental Laws 24 0 Model Small MS4 General Permit 6.14.1 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve you from any responsibilities, liabilities, or penalties established pursuant to any applicable State/Tribal law or regulation under authority preserved by section 510 of the Act. 6.14.2 No condition of this permit releases you from any responsibility or requirements under other environmental statutes or regulations. 6.15 Severability The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 6.16 Procedures for Modification or Revocation Permit modification or revocation will be conducted according to 40 CFR 122.62, 122.63, 122.64 and 124.5. 6.17 Requiring an Individual Permit or an Alternative General Permit 6.17. I Request by pernrirting authority. The permitting authority may require any person authorized by this permit to apply for and/or obtain either an individual NPDES permit or an alternative NPDES general permit. Any interested person may petition the permitting authority to take action under this paragraph. Where the permitting authority requires you to apply for an individual NPDES permit, the permitting authority will notify you in writing that a permit application is required. This notification shall include a brief statement of the reasons for this decision, an application form, a statement setting a deadline for you to file the application, and a statement that on the effective date of issuance or denial of the individual NPDES permit or the alternative general permit as it applies to the individual permittee, coverage under this general permit shall automatically terminate. Applications must be submitted to the appropriate Regional Office. The permitting authority may grant additional time to submit the application upon request of the applicant. If you fail to submit in a timely manner an individual NPDES permit application as required by the permitting authority under this paragraph, then the applicability of this permit to you is automatically terminated at the end of the day specified by the permitting authority for application submittal. 6.17.2 Request by permittee. Any discharger authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual permit. In such cases, you must submit an individual application in accordance with the requirements of 40 CFR 122.33(b)(2), with reasons supporting the request, to the permitting authority at the address for the appropriate Regional Office. The request may be granted by issuance of any individual permit or an alternative general permit if the reasons cited by you are adequate to support the request. 6.17.3 General permit termination. When an individual NPDES permit is issued to a discharger otherwise subject to this permit, or you arc authorized to discharge under an alternative NPDES general permit, the applicability of this permit to the individual NPDES permittee is automatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit, whichever the case may be. When an individual NPDES permit is denied to an operator otherwise subject to this permit, or the operator is denied for coverage under an alternative NPDES general permit, the applicability of this permit to the individual NPDES permittee is 25 Model Small MS4 General Permit automatically terminated on the date of such denial, unless otherwise specified by the permitting authority. 7 Definitions All definition contained in Section 502 of the Act and 40 CFR 122 shall apply to this permit and are incorporated herein by reference. For convenience, simplified explanations of some regulatory/statutory definitions have been provided, but in the even of a conflict, the definition found in the Statute or Regulation takes precedence. Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Control Measure as used in this permit, refers to any Best Management Practice or other method used to prevent or reduce the discharge of pollutants to waters of the United States. CWA or The Act means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Actor Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub, L. 95-576, Pub, L. 96-483 and Pub. L. 97-117,33 U.S.C. 1251 ct.seq. Discharge, when used without a qualifier, refers to "discharge of a pollutant" as defined at 40 CFR 122.2. Illicit Connection means any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge is defined at 40 CFR I22.26(b)(2) and refers to any discharge to a municipal separate storm sewer that is not entirely composed of storm water, except discharges authorised under an NPDES permit (other than the NPDES permit for discharges from the MS4) and discharges resulting from fire fighting activities. Indian Country, as defined in 18 USC 1151, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights -of -way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights -of -way running through the same. This definition includes all land held in trust for an Indian tribe. MEP is an acronym for "Maximum Extent Practicable," the technology -based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in storm water discharges that was established by CWA §402(p). A discussion of MEP as it applies to small MS4s is found at 40 CFR 122.34. MS4 is an acronym for "Municipal Separate Storm Sewer System" and is used to refer to either a Large, Medium, or Small Municipal Separate Storm Sewer System (e.g. "the Dallas MS4"). The term is used to refer to either the system operated by a single entity or a group of systems within an area that arc operated by multiple entities (e.g., the Houston MS4 includes MS4s operated by the city of 26 0 Model Small MS4 General Permit Houston, the Texas Department of Transportation, the Harris County Flood Control District, Harris County, and others). Municipal Separate Storm Sewer is defined at 40 CFR 122.26(b)(8) and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; and (iv) Which is not pan of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. NOl is an acronym for "Notice of Intent" to be covered by this permit and is the mechanism used to "register" for coverage under a general permit. Permitting Authority means the EPA Regional Administrator or an authorized representative. Small Municipal Separate Storm Sewer System is defined at 40 CFR 122.26(b)(16) and refers to all separate storm sewers that are owned or operated by the United States, a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States, but is not not defined as "large" or "medium" municipal separate storm sewer system. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings. Storm Water is defined at 40 CFR 122.26(b)(13) and means storm water runoff, snow melt runoff, and surface runoff and drainage. Storm Water Management Program (SWMP) refers to a comprehensive program to manage the quality of storm water discharged from the municipal separate storm sewer system. SWMP is an acronym for "Storm Water Management Program." "You " and "Your" as used in this permit is intended to refer to the permittee, the operator, or the discharger as the context indicates and that party's responsibilities (e.g., the city, the country, the flood control district, the U.S. Air Force, etc.). 27 Enclosure 6 Sample draft model permit by Asist.net Under current review with the NWARPC focus group SI E =Stormwater Management Program Elements The [Enter your city name here] Phase II NPDES program will implement, and enforce a storm water management program designed to reduce discharge of pollutants from the municipal separate storm sewer system to the "maximum extent practicable" to protect water quality. Six "minimum control measures", listed below, are required under Phase II regulations: 1. Public Participation/Involvement 2. Public Education and Outreach 3. Illicit Discharge Detection and Elimination 4, Pollution Prevention/Good Housekeeping 5. Construction Site Runoff Control 6. Post -Construction Runoff Control In addition to identifying specific goals that will be implemented for each of the control measures identified above, information about the city, its government, population, departments, etc. are submitted with this plan. (Add any other descriptive text here) • - [Enter your city name here] information: Government: Type: Responsible elected official: Contact info: Demographics: Population: Land Area: Significant Local Waters: Stormwater Contacts: Principal: Alternate: Funding Sources: [City, Township, County, etc Address: City: State, Zip City Web address:] [Mayor's name, etc] Phone: Fax: email:] [Count: Source: i.e. Census Bureau, etc] [Square Miles: Source:] [Names of lakes, rivers or streams That the city discharges to] [Name of individual in charge of program Department of person, i.e. Public Works, etc Phone: Fax: Email:] [Name of alternate point of contact Department of person, i.e. Public Works, etc Phone: Fax: Email:] [Describe how your jurisdiction plans to finance your program, whether it will be through a special utility, levy, etc. While many cities are establishing some type of stormwater utility, you are not required to.] The [Enter your city name here] Phase II NPDES management plan consists of the following six minimum control measures. Each control measure has associated goals, or BMPs, that will be implemented during the course of the permit term. It is through the implementation and evaluation of these BMPs that [Enter your city name here] will insure that all the objectives of the Phase II NPDES program will be met. Following is a discussion of each BMP. Public Participation/Involvement What is Required?: To satisfy this minimum control measure, the operator of a regulated small MS4 must: 1. Comply with applicable State, Tribal, and local public notice requirements; and 2. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is It Necessary?: EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal storm water management program and, therefore, suggests that the public be given opportunities to play an active role in both the development and implementation of the program. An active and involved community is crucial to the success of a storm water management program because it allows for: 1. Broader public support since citizens who participate in the development and decision making process are partially responsible for the program and, therefore, may be less likely to raise legal challenges to the program and more likely to take an active role in its implementation; 2. Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and increased sources in the form of citizen volunteers; 3. A broader base of expertise and economic benefits since the community can be a valuable, and free, intellectual resource; and 4. A conduit to other programs as citizens involved in the storm water program development process provide important cross -connections and relationships with other community and government programs. This benefit is particularly valuable when trying to implement a storm water program on a watershed basis, as encouraged by EPA. if : l.< 1, / i?1 • Lp..�f / .. V.',. ... f: rte:: rvr ? !ett it _ H i I at r- r:: the ,.,• Vie, a ,.,ar .. �..e ::; cc ::: ';::'.'!';/c 'c, til rr,eF e 'G:1 (.'S4 [Nit :ht:-i. n r!c. eD,,I :rc: }(i:.. 7 r,. I: P!'u`M,r:' flf. r., /{rc C r� trL' /.'.. �r.. a :. •.' r: .( c'. dot 'c. cecl, cca' ' Summary of Goal(s) (BMPs) Associated with this Control Measure Name: Year- 1 Create a Volunteer organization Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year - I Establish a Citizen panel Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year - I Public Meetings - Print Media Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year -2 Finalize Citizen Panel Recommendations Start Date: Permit Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year -2 Public Meetings - Radio Media Start Date: Permit Years: Year 1: Year2: X Year3: Year4: End Date: Name: Year -3 Community Clean-ups Start Date: Permit Years: Year 1: Year 2: Year 3: X Year 4: End Date: Name: Year -4 Establish Citizen Watch Groups Start Date: • • • Permit Years: Year 1: Year 2: Year 3: Year 4: X End Date: .'Hint good pian !Yiii radcaie ;5c/' ... . 'rr;.:: . ,' r: , :.,' : .r .. ca• The following provides detail for each of the individual goals. Goal Name: Year - 1 Create a Volunteer organization Goal Using volunteers for water quality monitoring will give citizens first-hand knowledge of the Description: quality of local water bodies and provide a cost-effective means of collecting water quality data. The volunteer organization created will be used to help identify outfalls, find illicit discharges and stencil storm drains. Goal Name: Year - 1 Establish a Citizen panel Goal Use this panel for citizen discussion of various viewpoints and provide input concerning Description: appropriate storm water management policies and BMPs. Create a citizen panel that will be used to discuss and come up with plans for different storm water issues. Goal Name: Year - 1 Public Meetings - Print Media Goal Notify citizens of public meetings in several different print media and bilingual flyers. Description: Goal Name: Year -2 Finalize Citizen Panel Recommendations Goal Use this panel for citizen discussion of various viewpoints and provide input concerning Description: appropriate storm water management policies and BMPs. Finalize recommendations from citizen panel and publish the results. Goal Name: Year -2 Public Meetings - Radio Media Goal Radio spots aired promoting storm water program participation. Description: Goal Name: Year -3 Community Clean-ups Goal Using volunteers for water quality monitoring will give citizens first-hand knowledge of the Description: quality of local water bodies and provide a cost-effective means of collecting water quality data. Involve a certain percentage of the community through this organization to help in community clean-ups. Goal Name: Year -4 Establish Citizen Watch Groups Goal Using volunteers for water quality monitoring will give citizens first-hand knowledge of the Description: quality of local water bodies and provide a cost-effective means of collecting water quality data. Establish citizen watch groups in a certain percentage of neighborhoods and complete outreach to every different population sector. Public Education and Outreach What is Required?: To satisfy this minimum control measure, the operator of a regulated small MS4 needs to: 1. Implement a public education program to distribute educational materials to the community, or conduct equivalent outreach activities about the impacts of storm water discharges on local waterbodies and the steps that can be taken to reduce storm water pollution; and 2. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is It Necessary?: An informed and knowledgeable community is crucial to the success of a storm water management program since it helps to ensure the following: 1. Greater support for the program as the public gains a greater understanding of the reasons why it is necessary and important. Public support is particularly beneficial when operators of small MS4s attempt to institute new funding initiatives for the program or seek volunteers to help implement the program; and 2. Greater compliance with the program as the public becomes aware of the personal responsibilities expected of them and others in the community, including the individual actions they can take to protect or improve the quality of area waters. Summary of Goal(s) (BMPs) Associated with this Control Measure Name: Year - 1 Develop educational resources Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year - 2 Expand educational resources Start Date; Permit Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year - 2 Storm Drain Stenciling Start Date: Permit Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year - 3 Pollution Reduction Start Date: Permit Years: Year 1: Year 2: Year 3: X Year 4: End Date: Name: Year - 4 Pollution Reduction Start Date: Permit Years: Year 1: Year 2: Year 3: Year 4: X End Date: The following pages provide detail for each of the individual goals. Goal Name: Year - 1 Develop educational resources Goal Develop an infrastructure resource to support the public education and outreach program. Description: Develop brochures (bilingual if necessary) to support the Public Meetings - Print Media Goal in the Public Participation and Involvement Minimum Control Measure. Create a storm water hotline for information and for citizen reports on polluters. Identify and train volunteer educators to be used for a Public Education Task Force. Goal Name: Year -2 Expand educational resources Goal This goal is for developing infra -structure resource to support your public education and Description: outreach program. Create an informational web site that describes your city, storm water issues, etc. Develop school curricula that can be used to educate students about storm water issues. Goal Name: Year -2 Storm Drain Stenciling Goal Stencil storm drains with messages like "Do Not Dump - Drains Directly To Lake", etc. Description: Goal Name: Year -3 Pollution Reduction Goal This goal is used to help in your efforts to reduce pollution being introduced into your storm Description: water sewer system. A certain percentage of restaurants are no longer dumping grease and other pollutants down storm sewer drains. Goal Name: Year -4 Pollution Reduction Goal This goal is used to help increase your efforts to reduce pollution being introduced into your Description: storm water sewer system. A certain percentage reduction in litter and/or animal waste detected in storm water discharges will be achieved by this year. S Illicit Discharge Detection and Elimination What is Required?: Recognizing the adverse effects illicit discharges can have on receiving waters, the final rule requires an operator of a regulated small MS4 to develop, implement and enforce an illicit discharge detection and elimination program. This program must include the following: 1. A storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; 2. Through an ordinance, or other regulatory mechanism, a prohibition (to the extent allowable under State, Tribal, or local law) on non -storm water discharges into the MS4, and appropriate enforcement procedures and actions; 3. A plan to detect and address non -storm water discharges, including illegal dumping, into the MS4; 4. The education of public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste; and 5. The determination of appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary?: Discharges from MS4s often include wastes and wastewater from non -storm water sources. A study conducted in 1987 in Sacramento, California, found that almost one-half of the water discharged from a local MS4 was not directly attributable to precipitation runoff. A significant portion of these dry weather flows were from illicit and/or inappropriate discharges and connections to the MS4. Illicit discharges enter the system through either direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or used oil dumped directly into a drain). The result is untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria to receiving waterbodies. Pollutant levels from these illicit discharges have been shown in EPA studies to be high enough to significantly degrade receiving water quality and threaten aquatic, wildlife, and human health. Summary of Goal(s) (BMPs) Associated with this Control Measure Name: Year - 1 Implement an Information Management System for Tracking Illicit Discharges Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year - 1 Recycling Program Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year - 1 Sewer System Map Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year -2 Initial Identification of Illicit Discharge Sources Start Date: Permit Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year - 2 Stonnwater Ordinance Start Date: Pernit Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year - 2 Train Employees Start Date: Permit Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year - 3 Detection and Elimination Start Date: Permit Years: Year 1: Year 2: Year 3: X Year 4: End Date: Name: Year -4 Continuation of Detection and Elimination Efforts Start Date: Permit Years: Year 1: Year 2: Year 3: Year 4: X End Date: The following pages provide details for each of the individual goals. Goal Name: Year - 1 Implement an Information Management System for Tracking Illicit Discharges Goal An information Management System will be used to document all important information Description: gathered concerning illicit discharge detection, elimination and actions taken. This information will be included in annual reports and will detail the following: 1. The number of Outfalls Screened 2. The number of illicit discharges discovered during outfall screening. 3. The number of illicit discharges discovered as a result of citizen complaints. 4. The number of illicit discharges that were resolved. 5. The number of Dye or Smoke tests conducted. Goal Name: Year - 1 Recycling Program Goal Initiate a recycling program for commonly dumped household wastes such as motor oil, Description: antifreeze, paint, pesticides, etc. Goal Name: Year - 1 Sewer System Map Goal The storm sewer system map is meant to demonstrate a basic awareness of the intake and Description: discharge areas of the system. It is needed to help determine the extent of discharged dry weather flows, the possible sources of the dry weather flows, and the particular waterbodies these flows may be affecting. An existing map, such as a topographical map, on which the location of major pipes and outfalls can be clearly presented demonstrates such awareness. EPA recommends collecting all existing information on outfall locations (e.g., review city records, drainage maps, storm drain maps), and then conducting field surveys to verify locations. It probably will be necessary to walk (i.e., wade through small receiving waters or use a boat for larger waters) the streambanks and shorelines for visual observation. More than one trip may be needed to locate all outfalls. Goal Name: Year -2 Initial Identification of Illicit Discharge Sources Goal Begin process of identifying potential sources from where illicit discharges can emanate. Areas Description: to look for are: 1. Industrial parks or areas with large concentrations of industrial business (manufacturing, warehousing, trucking, etc.). 2. Areas where there are large concentrations of septic systems. 3. Areas with older sanitary sewer lines. Goal Name: Year -2 Stormwater Ordinance Goal Develop an ordinance or other regulatory mechanism that will prohibit (to the extent allowable Description: under State, Tribal, or local law) all non -storm water discharges into the MS4. This ordinance will include appropriate enforcement procedures and actions such as: 1. Fines 2. Civil penalties Goal Name: Year -2 Train Employees Goal Design and administer a training program to employees that will help them to identify illicit Description: discharges. Goal Name: Year - 3 Detection and Elimination Goal Building on work performed in the previous two years a certain percentage of illicit discharges Description: will now be detected and eliminated. Detection and elimination efforts will be documented so that an end of year report will detail all illicit discharges that were found, which ones were eliminated and what remedial actions were taken. Goal Name: Year - 4 Continuation of Detection and Elimination Efforts Goal Building on the work begun in the year 3 goal 'Detection and Elimination' efforts will continue so Description: that by years end most illicit discharges will have been detected and eliminated. Pollution Prevention/Good Housekeeping What is Required?: Recognizing the benefits of pollution prevention practices, the rule requires an operator of a regulated small MS4 to: 1. 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 system; 2. Include employee training on how to incorporate pollution prevention/good housekeeping techniques into municipal operations such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. To minimize duplication of effort and conserve resources, the MS4 operator can use training materials that are available from EPA, their State or Tribe, or relevant organizations; 3. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary?: The Pollution Prevention/Good Housekeeping for municipal operations minimum control measure is a key element of the small MS4 storm water management program. This measure requires the small MS4 operator to examine and subsequently alter their own actions to help ensure a reduction in the amount and type of pollution that: (1) collects on streets, parking lots, open spaces, and storage and vehicle maintenance areas and is discharged into local waterways; and (2) results from actions such as environmentally damaging land development and flood management practices or poor maintenance of storm sewer systems. While this measure is meant primarily to improve or protect receiving water quality by altering municipal or facility operations, it also can result in a cost savings for the small MS4 operator, since proper and timely maintenance of storm sewer systems can help avoid repair costs from damage caused by age and neglect. Summary of Goal(s) (BMPs) Associated with this Control Measure Name: Year - 1 Develop Pollution Prevention Plan Permit Years: Year 1: X Year 2: Year 3: Year 4: Start Date: End Date: Name: Year - 1 Employee Training Materials Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Name: Year - I Information Management System Start Date: Permit Years: Year 1: X Year 2: Year 3: Year 4: End Date: Namo: Year - 2 Train Employees Permit Years: Year 1: Year 2: X Year 3: Year 4: Name: Year - 3 Incorporation of BMPs in Master Plan Permit Years: Year 1: Year 2: Year 3: X Year 4: Name: Year - 3 Maintenance Schedule Permit Years: Year 1: Year 2: Year 3: X Year 4: Name: Year - 4 Maintenance Program Effectiveness Permit Years: Year 1: Year 2: Year 3: Year 4: X Name: Year -4 Pollution Reduction Permit Years: Year 1: Year 2: Year 3: Year 4: X Start Date: End Date: Start Date: End Date: Start Date: End Date: Start Date: End Date: Start Date: End Date: The following pages provide details for each of the individual goals. Goal Name: Year - 1 Develop Pollution Prevention Plan Goal Develop a comprehensive Pollution Prevention Plan that identifies items such as: Description: 1. BMPs 2. Management Practices and Maintenance Schedules 3. Recycling Efforts 4. Waste Disposal Guidelines • 5. Areas of Concern Goal Name: Year - 1 Employee Training Materials Goal Develop a collection of training materials that will be used to educate staff about pollution Description: prevention and good housekeeping. These resources will come from applicable external sources, such as the EPA, and may be supplemented with materials developed by our own organization. Goal Name: Year - 1 Information Management System Goal An information management system will be put in place that can be used to track the inventory Description: of stormwater facilities and outfalls. This system will be used by staff to schedule and perform inspections, maintenance activities and document any other actions taken on these inventory items. Goal Name: Year - 2 Train Employees Goal Train staff on pollution prevention and good housekeeping using the materials collected and Description: developed in the year one goal 'Employee Training Materials', Goal Name: Year - 3 Incorporation of BMPs in Master Plan Goal Identify, from the list of BMPs outlined in the year one goal 'Develop Pollution Prevention Plan', Description: the BMPs that have been incorporated into the local Master Plan. Goal Name: Year - 3 Maintenance Schedule Goal Finalize the maintenance plan and schedule that will be put in place for management of BMPs. Description: Integrate this into the information management system identified in the year one goal 'Information Management System'. Goal Name: Year -4 Maintenance Program Effectiveness Goal Identify the number of facilities and controls that have received maintenance as a result of the Description: year three goal 'Maintenance Schedule'. Document the overall compliance with the schedule and explain any discrepancies. Goal Name: Year -4 Pollution Reduction Goal Identify and estimate the percentage reduction attained in the area of floatables discharged into Description: local waterways. Construction Site Runoff Control What Is Required?: The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in storm water runoff to their MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. The small MS4 operator is required to: 1. Have an ordinance or other regulatory mechanism requiring the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites; 2. Have procedures for site plan review of construction plans that consider potential water quality impacts; 3. Have procedures for site inspection and enforcement of control measures; 4. Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanism); 5. Establish procedures for the receipt and consideration of information submitted by the public; and 6. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary?: Polluted storm water runoff from construction sites often flows to MS4s and ultimately is discharged into local rivers and streams. Of the pollutants listed in Table 1, sediment is usually the main pollutant of concern. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During a short period of time, construction sites can contribute more sediment to streams than can be deposited naturally during several decades. The resulting siltation, and the contribution of other pollutants from construction sites, can cause physical, chemical, and biological harm to our nation's waters. For example, excess sediment can quickly fill rivers and lakes, requiring dredging and destroying aquatic habitats. Table 1 Pollutants Commonly Discharged From Construction Sites Sediment Solid and sanitary wastes Phosphorous (fertilizer) Nitrogen (fertilizer) Pesticides Oil and grease Concrete truck washout Summary of Goal(s) (BMPs) Associated with this Control Measure Name: Year - 1 Establish Water Quality Benchmarks Permit Years: Year 1: X Year 2: Year 3: Year 4: Name: Year - 1 Information Management System in Place Permit Years: Year 1: X Year 2: Year3: Year 4: Name: Year - 1 Ordinance / Regulatory Mechanism Permit Years: Year 1: X Year 2: Year 3: Year 4: Name: Year -2 Begin Inspection Program Permit Years: Year 1: Year 2: X Year 3: Year 4: Name: Year -2 Staff Training Permit Years: Year 1: Year 2: X Year 3: Year 4: Start Date: End Date: Start Date: End Date: Start Date: End Date: Start Date: End Date: Start Date: End Date: I Name: Year- 3 Improved Water Quality Permit Years: Year 1: Year 2: Year 3: X Year 4: Name: Year -S 3 Maximum Compliance Permit Years: Year 1: Year 2: Year 3: X Year 4: Name: Year -4 Aquatic Organisms Permit Years: Year 1: Year 2: Year 3: Year 4: X The following pages provide detail for each of the individual goals. Start Date: End Date: Start Date: End Date: Start Date: End Date: Goal Name: Year - 1 Establish Water Quality Benchmarks Goal Develop a score sheet where information such as clarity, sedimentation, presence of aquatic Description: organisms, etc. can be tracked. Collect this data for selected local waterbodies during year one. This will become the benchmark data that will be used in years three and four of the permit. Goal Name: Year - 1 Information Management System in Place Goal An information management system designed to track information submitted by the public and Description: record staff inspections of construction sites will be put in place. Develop site inspection procedures that will be used by staff in the performance of construction site inspections. Goal Name: Year - 1 Ordinance! Regulatory Mechanism Goal Under the extent allowable by law an ordinance or other regulatory mechanism will be put in Description: place that will provide the ability to regulate polluted runoff that emanates from construction sites. Goal Name: Year - 2 Begin Inspection Program Goal Random inspections of construction sites will be performed to determine the overall compliance Description: rate that is being achieved by construction operators. Goal Name: Year - 2 Staff Training Goal Train staff in finalized inspection procedures developed in year - 1 goal, 'Information Description: Management System'. Goal Name: Year - 3 Improved Water Quality Goal Using the information collected in the year one goal 'Establish Water Quality Benchmarks', Description: collect new samples and compare the results with the year one benchmarks established. Identify areas where water quality has improved. In those areas where water quality has not improved identify the potential sources of the problem and investigate them. Use this new information to adjust the plan of action. Goal Name: Year -3 Maximum Compliance Goal Building on year 2 efforts the inspection program will continue until the maximum compliance Description: possible is achieved. Compliance and non-compliance will be documented through the Information Management System. Goal Name: Year -4 Aquatic Organisms Goal Utilizing information collected in the year one goal 'Establish Water Quality Benchmarks', collect Description: new samples that identify the level and intensity of sensitive aquatic organisms. Document those areas where improvement has occured. Investigate those areas where increases are not noted and identify the potential reasons for this. Use this information to develop a plan of action. • • Post -Construction Runoff Control What is Required?: The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in post -construction runoff to their MS4 from new development and redevelopment projects that result in the land disturbance of greater than or equal to 1 acre. The small MS4 operator is required to: 1. Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs): 2. Have an ordinance or other regulatory mechanism requiring the implementation of post -construction runoff controls to the extent allowable under State, Tribal or local law, 3. Ensure adequate long-term operation and maintenance of controls; 4. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why Is it Necessary?: Post -construction storm water management in areas undergoing new development or redevelopment is necessary because runoff from these areas has been shown to significantly effect receiving waterbodies. Many studies indicate that prior planning and design for the minimization of pollutants in post -construction storm water discharges is the most cost-effective approach to storm water quality management. There are generally two forms of substantial impacts of post -construction runoff. The first is caused by an increase in the type and quantity of pollutants in storm water runoff. As runoff flows over areas altered by development, it picks up harmful sediment and chemicals such as oil and grease, pesticides, heavy metals, and nutrients (e.g., nitrogen and phosphorus). These pollutants often become suspended in runoff and are carried to receiving waters, such as lakes, ponds, and streams. Once deposited, these pollutants can enter the food chain through small aquatic life, eventually entering the tissues of fish and humans. The second kind of post -construction runoff impact occurs by increasing the quantity of water delivered to the waterbody during storms. Increased impervious surfaces interrupt the natural cycle of gradual percolation of water through vegetation and soil. Instead, water is collected from surfaces such as asphalt and concrete and routed to drainage systems where large volumes of runoff quickly flow to the nearest receiving water. The effects of this process include streambank scouring and downstream flooding, which often lead to a loss of aquatic life and damage to property. Summary of Goal(s) (BMPs) Associated with this Control Measure Name: Year - I Identification of BMPs Start Date: Permit Years: Year 1: X Year 2: Year 3' Year 4: End Date: Namo: Year - 2 Publication of BMPs Start Date: PermIt Years: Year 1: Year 2: X Year 3: Year 4: End Date: Name: Year - 3 Reduced Impervious Areas Start Date: Permit Years: Year 1: Year 2: Year 3: X Year 4: End Date: Name: Year -4 Improved Water Quality Start Date: Permit Years: Year 1: Year 2: Year 3: Year 4: X End Date: The following pages provide detail for each of the individual goals. Goal Name: Year - 1 Identification of BMPs Goal Identify and develop a mix of Structural and Non -Structural BMPs that are appropriate for this Description: geographic area. This BMP list will include BMPs suited for both redevelopment and new development. These BMPs will also be used in the 'Construction Site Runoff Control' minimum measure. Using the previous years construction permit records perform conduct an analysis of development projects that compares impervious and non -impervious surface development. Use Enclosure 7 Environmental storm water structure lid. FAYETTEVIWLE • THE CITY OF FAYETTEVILLE, ARKANSAS May 2, 2002 To all shown as official holders of the City of Fayetteville's Drainage Manual. Re: Storm water castings. The use of premarked castings including a "Dump no Waste, Drains to River" statement may increase public education relative to the ultimate disposal of storm drainage and the benefits of preserving the waterways. Effective immediately, the City of Fayetteville will require that all lids or grates used within the City of Fayetteville for the City's Capital Improvement Projects, or Private Development projects, include an approved environmental statement. I have been assured by the Neenah Foundry Company and East Jordan Iron Works, Inc. that both companies are offering storm water castings with an applicable statement at the same cost as plain castings. If you or a contractor become aware of higher prices being charged then please contact me. A copy of the current approved ring and lid system with the environmental statement is attached. Castings by other companies will be consider based upon written application and response. Unique castings, castings of differing weights or castings for special conditions will be considered based upon written application and response. Thank you, Jim Beavers, P.E. City Engineer cc: Neenah Foundry, Michael Conrad East Jordan Iron Works, Kenny Watkins 113 WEST MOUNTAIN 72701 479421-7700 FAX 479.575-0257 (2) CLOSED PICKNOLES - 1 1/2' FISH I LETTERING (RECESSED FLUSI 1!/-I' LETTERING (RECESSED FLUSH) I/2' LETTERS COVER PACE COVER: 140 Lbs 2 1/4' A1/4m) 3/B' 1/4' 1/2' PICKHOLE DETAIL .— 24 DIA 1 1 5/B' 2 1/2" LCD-_ —� om,'-7. }11 1 3/b" J MACHINED SURFACE COVER SECTION 3/4' RAISED LETTERS FOUR PLACES BOTTOM FLANGE VIEW ♦MACHINED BEARING SURFACE APPROXIMATE TOTAL HEIGHT • 333 Ibs COVER BACK 1 » , RECESSED LETTERS FOUR PLACES TOP PLANGE VIEW 30' 24 1/4' 220 5/5' 6' 2 3/4' 15/5" 24 1/4" 251/2" REVERSIBLE RING SECTION HEAVY DUTY RING AND COVER N.T.S. STORM PO DRAINAGE C4C41J P. M4' Oct. 1 200 LID CITY OF FAYETTEVIL ENGINEERING DIVISION AS SHOWN G Enclosure 8 Informational brochure developed by the University of Arkansas Cooperative Extension Service E • L 0 VI • 0 C U C) ti U U `gtt u� u t4 a u ci C • V • C) • a • a, ] N -C a 0 Z o- DU I, U C O ti E 0 Q C ti u C) Vi y C ` 0 c C 0 OZ C N E C) tnt •O 3 �3 8 60� 3 C) lilt E I.-0 LI u 4 o a t' ti'a a a a & -C ti T -� u O dc Vt 0 _ n E u o Q Oo � W c C.LI Q o E ►� O U L C rt E O 0 �ti u E o O v c u C a o c 0 U C ] D L ] O 0 ` ] H a C Q 3 61 C ] E CA d0 -' a. LI WLfl Q v O a N U n) C N 3 C ti d C S. E ° E O ffl V Z LL E E a C) Or ti C H N 2! 4 ti E 3 E u 0 C) O ti LL Tu V ] ti r) 0 1C T J C) 01 C) Eo U V i^ V 0 O � D = c 0 rt L v W rG a Ti C 0 Or u � U E CJ Q c tj F � Yf �1 u •,s tt ry E a C s r 3 o II fl G t O ti C u 8 W d_ W. C itt µ W •y W V � c > u B Cr n !C n C O r o i U a C. v c C iJ ' V u O C v 0 i ^. 0,5 xT < v T C •L a _ x ft Vt 3 3 iJ �G IC � YI G i L CD 0. rPm � o a-, N• - � O CD O 3 N r• on Co to OJ ti UI fDD H J M Rio m y a� n • n fDD �, H ^ 7 r1 O< H (0 �. 2 -U, o (61 3 3 a a v m — J -� 'C N CD 3 3 tnDQ 'cva�aq -'-sO rD = m y .dddtd aJ I a N J y- `� a in a J > S a rD ^ 0 m O d AD J J Q N J• O O" •1 � o O J ,O ^ rD m S o p= y C M I '^a J f -tin •••. 0 CD y m I -. O y a :^ 0 N 33 m a CD O �A O 7 x CD N CD � a 0 00 CD 0 r* rt c n O a �• rD O C o 0 on c n O rD CD 5. La — vii K oa rD O n ny 0 C y M c 0 :ate^ O 0 0 N 0 J o 0 033Q 3a oa, c rD �D 3O .T 3 o J m ay eta)E N0 N 3 as c a J ti N — CD o c Ek D O a n o• O ?. C a 3 a < cc o n o N flJ 0 3 o y C N o rD O 7 rD rb a = o H V3 CT � o J rdD 92 O CJ m rrDD rirpp ID a 7 02 � `g m 3 rD O, X y m a LA rtfl 04 O1 c _O Oto 0-' C 3 A Jam. N —. 3 A a a a. y Va 33 A) 5 3 y CD 3 CD 3 C