HomeMy WebLinkAbout88-03 RESOLUTIONRESOLUTION NO. 88-03
A RESOLUTION AUTHORIZING THE MAYOR OR HIS
DESIGNEE TO SUBMIT THE CITY OF FAYETTEVILLE'S
"INDIVIDUAL MS4 APPLICATION FORM FOR DISCHARGES
OF STORM WATER ASSOCIATED WITH SMALL MUNICIPAL
SEPARATE STORM SEWER SYSTEMS AUTHORIZED UNDER 40
CFR 122.26" 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
"Individual MS4 Application Form for Discharges of Storm Water Associated
with Small Municipal Separate Storm Sewer Systems authorized under 40 CFR
122.26" to the Arkansas Department of Environmental Quality.
PASSED and APPROVED this 17th day of June, 2003.
ATTEST.
By: iU4.14-4-1 /11.010"
SONDRA SMITH, City Clerk
APPROVED:
By
./I//
DAN COODY, Mayo
ADEQ •
ARKANSAS
Department of Environmental Quality
•
INDIVIDUAL MS4 APPLICATION FORM
FOR DISCHARGES OF STORM WATER
ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
AUTHORIZED UNDER 40 CFR 122.26
The enclosed form may be used to apply for coverage for the NPDES Municipal Separate Storm Sewer System (MS4). Only a copy
of the attached authorized Individual MS4 Application form will be accepted by this Department.
Return the completed form to:
Arkansas Department of Environmental Quality
NPDES Branch, Storm Water Section
P.O. Box 8913
Little Rock, AR 72219
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):
(1) Owned or operated by a State, city, town, borough, county, parish, district, association, or othcr 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.
(2) Designated or used for collecting or conveying storm water;
(3) Which is not a combined sewer; and
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2
The following entities are required to obtain coverage under this permit if it:
(1) Is located fully or partially within an urbanized area as determined by the 2000 Decennial Census, or
(2) Is designated for permit authorization by ADEQ pursuant to 40 CFR 122.32.
Include a USGS 7.5 topographic map (or equivalent topographic map with a scale between 1:10,000 and 1:24,000 if cost
effective) extending one mile beyond the service boundaries of the municipal storm sewer system covered by the permit
application.
NOTE: DO NOT LEAVE BLANK SPACES IN THE NOTICE OF INTENT. IF ANY QUESTION DOES NOT APPLY,
MARK "N/A" IN THE SPACE PROVIDED. USE "NONE" IF THE FACILITY IS NOT REQUIRED TO
MONITOR.
• WATER DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / PHONE 501-682-2199 / FAX 501-682-0910
www. ad eq. state. ar. u s
Individual MS4 Application Form / Revision date 3/14/2003
•rkansas Department of Environmental Qui.
NPDES Branch, Water Division
P.O. Box 8913
Little Rock, AR 72219
(501) 682-2199
INDIVIDUAL MS4 PERMIT APPLICATION
FOR DISCHARGERS OF STORM WATER RUNOFF
ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
I. OPERATOR INFORMATION
Small MS4 Name: City of Fayetteville Owner Type:
Small MS4 Address: 113 West Mountain
❑ FEDERAL
® PUBLIC
City: Fayetteville
State: Arkansas
Zip: 72701
Urbanized Area or Core Area: Fayetteville — Springdale
County(ies): Washington
❑ STATE
❑ OTHER
Enter the Latitude and Longitude of the approximate center of the Small MS4:
Small MS4 Latitude: 36 degrees 04 minutes
Small MS4 Longitude: 94 degrees 09 minutes
06 seconds
22 seconds
II. CONTACT INFORMATION
Name: Tim Conklin Telephone: 479-575-8267
Director: Planning, Community Services and
Title: Engineering
III. RECEIVING STREAM INFORMATION
Name of Major Receiving
Water(s): Illinois River — Clear Creek, Goose Creek and tributaries
Beaver Lake — West Fork, Middle Fork, White River and
tributaries
Are any of the Major Receiving Water(s) on the latest Clean Water Act section 303(d) list of impaired waters or have an
approved TMDL?
®Yes 0 No ❑N/A If yes, list the Receiving Water(s): West Fork (of the White River)
White River (into Beaver Reservoir)
WATER DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / PHONE 501-682-2199 / FAX 501-682-0910
www.adeq.state.ar.us
Individual MS4 Application Fonn / Revision date 3/14/2003
•rkansas Department of Environmental Quality
NPDES Branch, Water Division
P.O. Box 8913
Little Rock, AR 72219
(501) 682-2199
IV. PERMIT LISTING
List all ADEQ permits received or applied for under any of the following programs:
Hazardous Waste Management program undcr
RCRA: NA
UIC program under SDWA: NA
AR0020010 NPDES , SIC 4952, Paul Noland WWTP
ARROOC299 Water-NPDES, Fayetteville Municipal Airport, storm
runoff
AR10B241 Water-NPDES, Fayetteville Municipal Solid Waste, storm
NPDES program under CWA: runoff
Prevention of Significant Deterioration (PSD)
program under the Clean Air Act: NA
Non -attainment program under the Clean Air
Act: NA
National Emission Standards for Hazardous
Pollutants (NESHAPS) preconstruction
approval under the Clean Air Act:
Dredge or fill permits undcr section 404 of
CWA
NA
#14207 Individual — Proposed/preliminary- City of Fayetteville Waste
Water project including the new west -side plant and associated line
work. Preliminary application August 2002.
#17821 Nationwide 12,14 — Driveway culvert replacements and
sanitary sewer crossing associated with the Old Missouri Road
improvements, 404 permit issued November 27, 2002.
WATER DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / PHONE 501-682-2199 / FAX 501-682-0910
www.adeq.state.ar.us
Individual MS4 Application Form / Revision date 3/14/2003
•ansas Department of Environmental Qua.
NPDES Branch, Water Division
P.O. Bo: 8913
Little Rock, AR 72219
(501) 682-2199
V. STORM WATER MANAGEMENT PROGRAM INFORMATION
Is the MS4 operator relying on another governmental entity to satisfy one or more permit obligations?
❑Yes ®No ❑N/A
If yes, describe:
Minimum Control Measures/Best Management Practices (BMPs):
(1) Public Education and Outreach on Storm Water Impacts
BMP (s): Measurable Goals:
Start & End Dates
Public Outreach/Education Plan
Establish a storm water steering committee, or task force, or
focus group to assist with the identification of the target
audience and to assist with the development of a plan for an
effective public education program.
Year 1
Storm water Educational Material
Develop
to the
information
and may
school
training
and disseminate storm water education information
general public and other groups to be identified. Such
will be developed by the City with Public input
include brochures, telephone hotline, potential
curricula, stenciling of certain storm drains and
of volunteer educators.
Year 1-5
City Web Page
Add
website.
storm water information and reference links to the city's
Year 2-5
Green Business Program
Develop and distribute
sheets for industry
including restaurant
storm water BMP and impact fact
-specific business to reduce pollution,
grease, into the storm sewer system.
Year 3-5
Pets and livestock
Develop
in a certain
detected
and distribute educational
percentage reduction
in discharges in
material which
in litter or animal
municipal storm water.
will result
waste
Year 4-5
WATER DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / PHONE 501-682-2199 / FAX 501-682-0910
www.adeq.state.ar.us
Individual MS4 Application Form / Revision date 3/14/2003
illSkansas Department of Environmental Qu
NPDES Branch, Water Division
P.O. Box 8913
Little Rock, AR 72219
(501) 682-2199
(2) Public Involvement/Participation
BMP(s):
Measurable Goals:
Public Involvement
Notice of a public meeting, citizen panel established (refer
goal two below), volunteers organized to assist with the
location of outfall/illicit discharges and to stencil certain
storm drainage.
Year 1-2
Citizen Panel or Storm water
Technical Advisory Committee or
Task Force
Establish a citizen panel, or storm water technical advisory
committee, or task force, or focus group to assist with the
development of the storm water pollution prevention plan.
Produce final recommendations and provide advertising,
including radio spots, to promote the program and
participation.
Year 1-2
Community clean-ups
A certain percentage of the community will
in community clean-ups. Such clean-ups may,
include volunteer stream teams to involve and
citizens in water quality activities and clean-ups.
be participating
or may not,
educate
Year 3-5
Citizen watch groups
Citizen watch
neighborhoods;
completed
groups established
outreach to
every
in a certain percentage of
different population sector
Year 4
(3) Illicit Discharge Detection and Elimination
BMP(s):
Measurable Goals:
Start & End Dates
Storm water drainage system reap
Illicit discharge ordinance
Develop a map of the
Ordinance in place;
training for public employees
percentage of sources
storm drainage system.
develop the illicit discharge plan;
completed; a certain
of illicit discharges determined.
Year 1-2
Year 2-3
Illicit discharge detection
A certain percentage of illicit discharges detected
eliminated; a certain percentage of households
in household hazardous waste special collection
and
participating
days.
Year 3-5
Illicit discharge reduction
"Most" illicit discharge sources detected and eliminated.
Year 4-5
WATER DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / PHONE 501-682-2199 / FAX 501-682.0910
www.adeq.state.ar.us
Individual MS4 Application Form / Revision date 3/14/2003
Skansas Department of Environmental Quilt
NPDES Branch, Water Division
P.O. Box 8913
Little Rock, AR 72219
(501) 682-2199
(4) Construction Site Storm Water Runoff Control
BMP(s):
Measurable Goals:
Ordinance/Plan
Review the
policies associated
receive guidance
noted in
a procedure
City's existing ordinances, regulations
with control construction
and input from the committees
minimum control measures one and/or
to receive information from the
and
site runoff;
previously
two; develop
public.
Year 1
Site inspection
Review the City's existing ordinances, regulations
policies associated with site inspections with
input from the committees previously noted
control measures one and/or two; a certain
compliance achieved by construction operators
and
guidance and
in minimum
rate of
Year 1-2
Compliance
"Maximum" compliance
improved clarity and
waterbodies.
with ordinance; an amount of
reduced sedimentation of local
Year 3-5
Improved water quality
An amount of increased numbers of sensitive aquatic
organisms in local waterbodies.
Year 4-5
(5) Post -Construction Storm Water Management In New Development and Redevelopment
BMP(s): Measurable Goals:
Start & End Dates
Post -Construction Strategy
Develop strategies and plans with
the committees previously noted
measures one and/or two, such strategies
and/or non-structural BMP's.
guidance and input from
in minimum control
to include structural
Year 1-2
Post -Construction Ordinance
Strategies codified by ordinance
mechanism.
or other regulatory
Year 2
Reduction of new pervious areas
Reduced percentage of new impervious surfaces associated
with new development as compared to total impervious areas
and as further developed with guidance and input from the
committees previously noted in minimum control measures
one and/or two.
Year 3
Improved water quality
An amount of improved clarity
local waterbodies.
and reduced sedimentation of
Year 4-5
WATER DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / PHONE 501-682.2199 / FAX 501-682-0910
www.adeq.state.ar.us
Individual MS4 Application Form / Revision date 3/14/2003
•kansas Department of Environmental Qu2
NPDES Branch, Water Division
P.O. Box 8913
Little Rock, AR 72219
(501) 682-2199
(6) Pollution Prevention/Good Housekeeping for Municipal Operations — BMPs:
BMP(s): Measurable Goals:
Start & End Dates
Plan
Develop a Pollution prevention plan with new BMP's and
revised procedures; provide employee training materials;
provide procedures for drainage catch basin maintenance and
cleaning; provide procedures for street sweeping.
Year 1-2
Employee Training
Training for appropriate employees; recycling program fully
implemented.
Year 2-3
Pollution Prevention Plan
Some pollution prevention BMP's incorporated
municipal master plan; a certain percentage reduction
pesticide and sand/salt use; maintenance schedule
established.
into a
in
for BMP's
Year 3-4
Good Housekeeping Results
A certain percentage reduction in floatables discharged; a
certain compliance rate with maintenance schedules for
BMPs; controls in place for defined areas of concerns.
Year 4-5
VI. CERTIFICATION OF PERMITTEE
For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For
purposes of this application, a principal executive officer of a Federal agency includes (i) the chief executive officer of the
agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the
agency (e.g., Regional Administrator of EPA).
"I certify that the cognizant official designated in this Notice of Intent is qualified to act as a dully authorized representative
under the provisions of 40 CFR 122.22(b). If no cognizant official has been designated, 1 understand that the Department will
accept reports signed by the applicant 1 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 gather and evaluate
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. I am
aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations."
Typed or Printed Name. D
Signature:
'
' DIVISION
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE . •' K, ARKANSAS 72219-8913 / PHONE 501-682-2199 / FAX 501-682-0910
www.adeq.state.ar.us
Individual MS4 Application Form / Revision date 3/14/2003
Title: Mayor, Ci7 of F;yetteville
Date: (p Y eD
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 88-03
Document
"Y� T
06/17/03
Res 88-03
w/copy of
MS4 Application
2
06/04/03
staff review form
draft resolution
copy of Res. No. 24-03
copy of memo to mayor/city council
copy of
memo to mayor
copy of
Itr to
Dunn
copy of
memo from Hanlon
3
06/20/03
memo to Jim Beavers
NOTES:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers
Engineering p`,(
From: Clarice Buffalohead-Pearman �1
City Clerk's Division
Date: June 20, 2003
Re: Resolution 88-03
Attached is the executed copy of the above resolution passed by the City Council, June 17, 2003,
authorizing an Individual MS4 Application Form to ADE) which also is signed by the mayor.
I am returning to you three originals and keeping one original for the clerk's file with the
resolution. These items will be microfilmed and recorded with the city clerk's office.
If anything else is needed please let the clerk's office know.
/cbp
Attachment(s)
cc Nancy Smith, Internal Auditor
• 0
STAFF REVIEW FORM — FINANCIAL OBLIGATION
x AGENDA REQUEST
_ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting ofJune 17, 2003
ges
Gg 1203
0-03
FROM:
Jim Beavers Engineering
Name Division
CPE Services
Department
ACTION REQUIRED:
1. Public presentation by staff concerning the proposed Storm water Phase II permit and
program.
2. A Resolution authorizing the Mayor to sign and submit the City of Fayetteville's
"INDIVIDUAL MS4 APPLICATION FORM FOR DISCHARGES OF STORM WATER
ASSOCIATED WITH SMALL MUNICIAPAL SEPARATE STORM SEWER SYSTEMS
AUTHORIZED UNDER 40 CFR 122.26", such application form as furnished by the Arkansas
Department of Environmental Quality to the City of Fayetteville.
3. Guidance from the Mayor and the City Council concerning the proposed Storm water Phase 11
program.
COST TO CITY.
$To be determined — see memo
Cost of this Request
4470-9470-5817.00
Account Number
02097
Project Number
200,000
Category/Project Budget 2003
0
Funds Used To Date 2003
$200,000
Remaining Balance 2003
Bridge and Drainage
Program Category/Project Name
Drainage and Phase II
Program/Project Category Name
Sales Tax
Fund Name
BUDGET REVIEW: x Budgeted Item Budget Adjustment Attached
Budget Manager
Date
CONTRACT/GRANT/LEASE REVIEW:
71//241 %lLti S/ ?
Date
Accounting Manager
•
74w44--�Sl2i/d3
City Attomcy Date Purchasing Manager Date
•
C5/a, Ida
STAFF RECOMMENDATION: Approval
U(vtston'Iiead
74 (ovix2-7
(,j3 -6z.
ce an Internal Services Director
Chief Adminis live icer
Date
Mayor
Date
Received in Mayor's Office
Cross Reference:
Prev Ord/Res it:
Orig. Contract Date:
Orig. Contract No:
New Item: Yes x No
a�—
• •
STAFF REVIEW FORM
Description Strom water Phase II permit application
Meeting Date June 17, 2003
Comments:
Budget Manager
Reference Comments:
Page 2
Accounting Manager
Internal Auditor
City Attorney
Purchasing Manager
Finance and Internal Services Director
Chief Administrative Officer
• •
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR OR HIS
DESIGNEE TO SUBMIT THE CITY OF FAYEII"EVILLE'S
"INDIVIDUAL MS4 APPLICATION FORM FOR DISCHARGES
OF STORM WATER ASSOCIATED WITH SMALL MUNICIPAL
SEPARATE STORM SEWER SYSTEMS AUTHORIZED UNDER 40
CFR 122.26" 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, Ark<
hereby authorizes the Mayor or his designee to submit the City of F ,yet 1 s
"Individual MS4 Application Form for Discharges of Storm��t s iated
with Small Municipal Separate Storm Sewer Systems auth j f nder 0 CFR
122.26" to the Arkansas Department of Environment -0Q
PASSED and APPROVED this 17th day ofThne, 2003.
Lea
A
APPROVED:
By
S
, City Clerk
H ►N COODY, Mayor
• •
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
Fayetteville City Council
Thru: Tim Conklin, Director CPE (L
Gary Coover, City Engineer &t
Staff Review
From: Jim Beavers, Engineering.ada
Date: May 15, 2003
Re: City Council Meeting June 17, 2003:
Storm water Phase II NPDES:
* Staff presentation,
* Resolution authorizing the Mayor to submit the City's Individual Permit
Application,
* Request for additional guidance.
1. Background
The City of Fayetteville, in compliance with Federal Law, is required to submit a permit
application to the Arkansas Department of Environmental Quality (ADEQ) for the "Phase II"
National Pollution Discharge Elimination System (NPDES) Storm Water requirements. The
application may be approved by the City Council and signed by the Mayor or his specified
designee.
The Phase 11 Rule (Federal Code 40 CFR 122) required that affected entities submit a permit
application by March 10, 2003. The entities will then have up to 5 years to develop and
implement the plan required by the permit. The plan will rely upon public involvement and the
implementation of"Best Management Practices" to reduce pollutants and improve water quality.
The Federal Rule states that "Implementation of best management practices consistent with the
provisions of the storm water management program required pursuant to this section and the
provisions of the permit required pursuant to 122.33 constitutes compliance with the standard of
reducing pollutants to the "maximum extent practicable." (Re: 40 CFR I22.34.a).
1
• •
The Federal Rule encourages the use of "General Permits" when such General Permits are
available. The Environmental Protection Agency, Region 6 has jurisdiction over the State of
Arkansas. The EPA Region 6 has delegated the ADEQ as the "Permitting Authority" for the
State of Arkansas. The EPA and the ADEQ have not been able to meet the Rule deadlines and
furnish the General Permit applications. As of this date, ADEQ is reviewing a draft General
Permit furnished by the EPA.
Approximately February 7 2003, ADEQ advised the Cities and other MS4's ("Municipal
separate storm sewer") to submit a simple letter requesting to be covered under the General
Permit when such permit was made available (refer to enclosures 4,5 and 6).
On February 18, 2003, the Fayetteville City Council approved Resolution 24-03 which stated:
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". Resolution 24-03 was based upon supporting
documentation which included the draft General Permit.
By letter dated February 27, 2003 to ADEQ, the City of Fayetteville requested coverage under
the Storm water requirements (re: enclosure 6).
Additional storm water Phase 11 background information is included in the accompanying
enclosures.
2. Current Status
On, or about March 13, 2003, the Headquarters of EPA notified those EPA regions which had
not completed the general permit to require Individual Permits or other means of compliance in
lieu of waiting on the future General Permits (re: enclosure 9).
Subsequently, ADEQ prepared an Individual Permit and provided such permit application via
email to the MS4's. Various Cities and entities have met through the Northwest Arkansas
Regional Planning Focus Group to review the individual permit application.
City of Fayetteville staff has prepared the enclosed Individual Permit Application based upon the
application form submitted by ADEQ and the EPA series of Storm water Phase 1I Final Rule Fact
Sheets. The permit requires measurable goals. The permit does not require the specific and
detailed storm water management plan. The Public, the City and ADEQ will have the opportunity
to revise and update the permit requirements as the City's Storm water Management Plan is
developed and implemented.
Due to: (a) the knowledge that the previous Resolution, 24-03, was based upon supporting
documentation of the draft General Permit (thus not the specific individual permit) and (b) the
potential costs of the storm water program as the plan is developed, staff requests an additional
Resolution authorizing the Mayor to sign and submit the enclosed Individual permit.
2
• •
3. Potential costs/budget.
Implementation. The EPA estimates that the first year costs of the program will range from
$1.39 to $7.83 per capita. For a City of 50,000 this will be 569,500 to $391,500. (Source. EPA
Region 6/Brent Larson).
Administration. 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 561,500 to S286,500. (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 drainage system maintenance will be key elements of the
permit. Certain Phase 1 municipalities have found it necessary to add maintenance crcws
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 developed. Those
involved in developing the formal program and plan must be cognizant of the effects upon
already stressed personnel and maintenance budgets.
B. Funding.
The City of Fayetteville has budgeted 5200,000 Sales Tax (Capital Improvement Program)
money for the design and initial implementation of the storm water Phase 11 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.
Potential sources for funding include: General Funds, Sales Tax, General Obligation Bonds,
Impact and Service Fecs, Special Assessment Districts and a Storm Water Utility.
Based upon presentations at EPA seminars, the Storm Water Drainage Utility appears to he a
popular approach for Phase I 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 area.
The Arkansas Legislature approved regulations in 2001 (Bill 1737) to allow the formation of
storm water utilities and regional storm water utilities.
4. Actions required/Request.
A. Information. Staff requests the opportunity to provide a public presentation concerning the
storm water Phase 11 program to the City Council.
3
B. City Council action.
1. A Resolution authorizing the Mayor to sign and submit the City of Fayetteville's
"INDIVIDUAL MS4 APPLICATION FORM FOR DISCHARGES OF STORM WATER
ASOCIATED WITH SMALL MUNICIAPAL SEPARATE STORM SEWER SYSTEMS
AUTHORIZED UNDER 40 CFR 122.26", such application form as furnished by the Arkansas
Department of Environmental Quality to the City of Fayetteville.
2. Guidance from the Mayor and the City Council concerning the proposed Storm water Phase II
program.
Enclosures
1. Proposed Permit Application, "INDIVIDUAL MS4 APPLICATION FORM FOR
DISCHARGES OF STORM WATER ASOCIATED WITH SMALL MUNICIAPAL
SEPARATE STORM SEWER SYSTEMS AUTHORIZED UNDER 40 CFR 122.26", such
application form as furnished by the Arkansas Department of Environmental Quality.
2. Copy of previous Resolution 24-03 dated February 18, 2003.
3. Memorandum dated January 24, 2003, Storm Water Phase II Requirements.
4. Draft letter format from ADEQ to the City of Fayetteville, via Northwest Arkansas Regional
Planning, February 7, 2003.
5. Memorandum dated February 26, 2003, Re. Storm water Phase II proposed letter to the
Arkansas Department of Environmental Quality
6. Letter from the City of Fayetteville to ADEQ dated February 27, 2003.
7. Copy of EPA Headquarters letter, March 2003.
4
RESOLUTION NO. 24-03
•
A RESOLUTION AUTHORIZING THE MAYOR OR HIS
DESIGNEE TO SUBMIT THE CITY OF FAYEITEVILLE'S "STORM
WATER PHASE II" 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.
APPROVED:
By
ATTEST:
By: ,4o
SONDRA SMITH, City Clerk
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
Date: January 24, 2003
Re: City Council Meeting February 18, 2003,
Storm water "Phase II 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 "Phase r' 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 P" 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 II 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
C]
•
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)
EPA:
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
Municioalitics/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 turn 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 II Rule is implemented, the disturbed area requirements drops to I
acre or greater and the municipalities are the enforcement agency. The EPA and State
requirements for storm water pollution prevention plans are 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 4 of 9
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 11 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. It 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 D meeting held this past January23 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 January23
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 $1.39 to $7.83 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 I — 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
$5.73 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 I 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 area.
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 7of9
7. Phase II 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 11" 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 Phase II 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 II 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 9of9
S
City Letterhead
[Date], 2003
Mr. Eric Dunn
Stone Water Runoff Engineer
Arkansas Department of Environmental Quality
National Drive
P.O. Box 8913
Little Rock, AR 72219-8913
Dear Mr. Dunn:
Pursuant to our conversations with you regarding stone water regulation, we ask that you
consider this letter as our notice of intent to comply with the Phase H stone water
requirements.
L9
This letter is to serve as notice of intent that the City of [Name of City] will comply with
the federal E.P.A. Phase II storm water regulations.
Sincerely,
Mayor [ Name]
City of [Name of City]
r
/ •
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
Thru: Hugh Earnest, CAO
Tim Conklin, Director,
From: Jim Beavers, Engineering y*za
Date: February 26, 2003
Re: Storm water "Phase U NPDES", Proposed letter to the Arkansas Department of
Environmental Quality
1. Background
The City Council approved Resolution 24-03 on February 18, 2003 authorizing the Mayor or his
designee to submit the City of Fayetteville's "Stone water Phase II" permit application to the
Arkansas Department of Environmental Quality (ADEQ).
Federal Law requires such application to be received by the Arkansas Department of
Environmental Quality (ADEQ) no later than March 10, 2003.
Program 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 regulations.
2. Current Status
ADEQ has not yet developed the required permit format and application. Eric Dunn, Storm
water Engineer for ADEQ, has told me and representatives from other entities that the Cities
should submit a simple letter expressing our notice of intent to comply with the Phase II storm
water requirements and/or that the City's letter will serve notice of intent that the City will
comply with the Federal requirements. An example letter as prepared by Eric Dunn is attached
as enclosure one.
The formal plan and permit application is anticipated to be developed by ADEQ this spring.
Page I of 2
3. Recommendation/Request
The Mayor prepare, sign and mail the attached letter (or similar letter) to Eric Dunn, ADEQ,
such that the letter arrives prior to March 10, 2003. A copy of the final letter is requested for the
engineering files.
Thank you.
Enclosures:
1. Copy of draft letter prepared by Eric Dunn, Storm water Engineer, ADEQ.
2. Copy of Resolution 24-03, 02/18/03.
3. Copy of memorandum dated 02/06/03 from Jim Beavers.
Page 2of2
FAYETTE\LLE •
lit ORV OF FAVETTEVLLIF, AAKANSAS
February 27, 2003
Mr. Eric Dunn
Storm Water Runoff Engineer
Arkansas Department of Environmental Quality
National Drive
P.O. Box 8913
Little Rock, AR 72219-8913
Pursuant to our conversations with you regarding storm water regulations, the City of
Fayetteville requests coverage under the Phase II MS4 Storm Water NPDES
requirements.
113 WEST MOIMTAN 72N 4704214 MO
FAX 47I4757
SUBJECT: Interim Guidance on Implementation of NPDES Regulations for Storm Water Phase II
for Small Municipal Separate Storm Sewer Systems in Response to Recent Ninth
Circuit Decision in Environmental Defense enter et al v PA, No. 00-70014 &
consolidated cases (9e° Cu.)
FROM: James Hanlon
Director, Office of Wastewater Management
TO: Regional Water Management Division Directors
Regions I -X
As you may be aware, on January 14, 2003, the U.S. Court of Appeals for the Ninth Circuit
affirmed most aspects of the National Pollutant Discharge Elimination System ("NPDES") regulations.
for storm water "Phase H" against a variety of constitutional, statutory, and procedural challenges.
Petitioners representing environmental, industrial, and municipal interests challenged the regulations on
twenty-two different grounds. The Court did, however, remand the regulations on three grounds
related to use of NPDES general permits to authorize discharges from small municipal separate storm
sewer systems ("MS4s").
On February 28, 2003, the United States filed a petition for rehearing with the Ninth Circuit on
the MS4 general permit issues. The petition is attached. The effect of EPA's petition for rehearing
stays the effectiveness of the Ninth Circuit's decision, and leaves intact those Phase II MS4 regulatory
provisions which were the subject of the Court's remand, until the Court issues a decision in response
to the petition.
• This memorandum provides the following guidance for NPDES permitting authorities for the
interim period until the Ninth Circuit decides the petition for rehearing:
NPDES permitting authorities should proceed with the prompt issuance of final Phase II MS4
general permits so that Phase II MS4s may file NOls to be authorized under those general
permits.
The deadline for Phase II MS4 operators to submit NOIs or individual permit applications is
unchanged. The March 10, 2003 permit application deadline remains in place. The ruling does
not remove any obligation on the Phase 11 MS4 operator's part to submit NOls or individual
permit applications, nor does it impose additional requirements on what should be included in
the NOI or individual permit application. The ruling would, if it becomes effective as currently
written, only affect the actions of NPDES permitting authorities for reviewing and processing
NOIs.
In NPDES jurisdictions without a final general permit for Phase II MS4s, the only option
available to a Phase II MS4 operator is to file an individual permit application to ensure
compliance with 40 CFR 122.33(c). We note that the individual permit application
requirements for Phase II MS4s are not substantially different from what Phase II MS4 NOIs
should require. The individual permit application requirements for Phase II MS4s were derived
from, but require less than, the individual permit application requirements for Phase I MS4s.
To accommodate the Phase II MS4 operators who prefer to seek coverage under a general
permit, but for which none is available, subsequently -issued Phase II MS4 general permits
could allow for incorporation by reference (in an NOD of a previously submitted individual
application to the extent the information required by the NOI would already have been
reported in the earlier individual permit application.
NPDES permitting agencies do have options in how to authorize discharges under Phase U
MS4 general permits. Because EPA's petition for rehearing stayed the effectiveness of the
Ninth Circuit decision (until the Ninth Circuit rules on the petition), permitting authorities may
issue Phase II MS4 permits in the same manner they would have prior to the decision.
Permitting authorities also have discretion, however, to structure Phase II MS4 general permits
in a way that would accommodate the Ninth Circuit decision. Specifically, the permitting
authority could rely on either of two (of four) authorization options available in the general
permit regulation. In addition to authorization upon receipt of the NOI or upon a date certain,
that regulation provides for authorization either after a waiting period specified in the general
permit or upon notification. Either of these last two options provides a permitting authority with
additional time to review NOIs and to conduct the public participation envisioned by the Ninth
Circuit if the agency chooses to do so in its own discretion.
As envisioned in the Phase II regulations, the final MS4 general permit should provide greater
clarity and specification for the selection, development and implementation of best management
practices ('BMPs") that are appropriate for local conditions and necessary to achieve the
"maximum extent practicable" ("MEP") standard for dischargers.
I encourage you to promptly communicate the guidance provided above to NPDES authorized
States within your Region. If you have questions or concerns, please contact Linda Boomazian at
(202) 564-0221 or Benita Best -Wong at (202) 564-0612.
cc: NPDES Branch Chiefs, EPA Regions I - X
Enforcement Division Directors, EPA Regions I - X
Walker Smith, OECA
Mark Pollins, OECA
Attachment
Respondent EPA's Petition for Rehearing