NPDES Ph II Stormw Pollution Ap December 12, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: National Pollution Discharge Elimination System (NPDES) Phase II
Federal Regulations and Dubuque's Strategy to Comply
Assistant City Engineer Gus Psihoyos is recommending a process for the City of
Dubuque to comply with the National Pollution Discharge Elimination System (NPDES)
Phase II Federal Regulations. Most of the NPDES permit application involves the
identification of Best Management Practices (BMPs) for each of the six minimum control
measures aimed at reducing pollution associated with stormwater runoff. The strategy
recommended to determine the BMPs appropriate for Dubuque involves the formation
of five separate task forces to address the six minimum control measures. Each task
force would be comprised of City staff, and in some cases, private citizens.
Each task force will meet three times starting in December. The process will include the
following:
1. A kickoff meeting to introduce all task force members to the Phase II rules,
summarize what is required of the City of Dubuque, and outline the goal of each
task force;
2. Present the specific requirements of each task force, hand out
examples/suggestions of Best Management Practices (BMPs) that Dubuque
might employ, and begin discussing BMP alternatives; and
3. Compile a plan to be presented to the City Manager, the Environmental
Stewardship Commission, the City Council, and the Iowa Department of Natural
Resources.
The five task forces would be as follows:
1. Stormwater Public Education & Outreach Task Force
2. Public Participation/Involvement Program
3. Illicit Discharge Detection & Elimination Program
4. Construction & Post-Construction Site Runoff Control Program
5. Good Housekeeping & Municipal Operation Program
The City of Dubuque’s NPDES Phase II permit application must be submitted to the
Iowa Department of Natural Resources by March 10, 2003. An annual appropriation of
$100,000 will be recommended through the upcoming 5-Year Capital Improvement
Program Budget to provide for implementation of the approved plan.
I respectfully request Mayor and City Council approval of the process as outlined.
____________________________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
Michael A. Koch, Public Works Director
M E M O R A N D U M
December 11, 2002
TO:Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, Assistant City Engineer
SUBJECT:National Pollution Discharge Elimination System (NPDES) Phase II
Federal Regulations and Dubuque’s Strategy to Comply
INTRODUCTION
The purpose of this memo is to highlight what the federal NPDES Phase II stormwater
quality regulations require of the City of Dubuque and an outline of the plan the
Engineering Division envisions using to create the City of Dubuque’s permit application.
BACKGROUND
The Clean Water Act (CWA) of 1972--prohibits the discharge of any pollutant into the
waters of the US from a point source, unless permitted by a NPDES permit. Point-
source pollution is categorized by the ability to clearly identify where the pollutant enters
a receiving water body (a lake, creek, stream, river, etc.).
Even after controlling point-source pollution, receiving waters exhibited poor water
quality. Therefore, in 1987 the CWA was amended to target non-point source pollution.
The National Pollution Discharge Elimination System (NPDES) was born.
NPDES Phase I started in November of 1990. Communities with populations of
100,000 or larger that operated municipal separate storm sewer systems (MS4s) had to
create a stormwater plan (apply for an NPDES Phase I permit) to reduce the transfer of
pollutants associated with stormwater runoff. In addition to MS4s, an NPDES
construction site permit was now required of all construction sites that disturb five (5) or
more acres.
On December 8, 1999 the final NPDES Phase II rule was published in the Federal
Register. When published several milestones were established.
1. The US Environmental Protection Agency (EPA) was obligated to issue a menu
of Best Management Practices (BMPs) by October of 2000.
2. By October of 2001 the EPA was obligated to produce guidance pertaining to
measurable goals associated with each BMP.
3. By December of 2002 the Iowa Department of Natural Resources (IDNR), Iowa’s
NPDES permitting authority, was obligated to issue general NPDES permits for
Phase II communities such as Dubuque.
4. By March 10, 2003 the City of Dubuque must submit a permit application (either
a general permit or an individual permit) to the IDNR.
Steps one and two above have been meet. However, the IDNR informed Iowa
communities that they would not be distributing a general permit. As a result, all phase
II communities must produce an individual permit.
Over the past two years, City staff has monitored interpretations of the phase II rule and
collected hundreds of BMPs that the City of Dubuque can utilize to meet the
requirements of the rule.
Having meet with Mr. Joe Griffin, the IDNR Storm Water Coordinator, on a few
occasions, City staff if confident that the process outlined below will meet the IDNR’s
expectations and ensure that the City of Dubuque is fully compliant with the regulations
by March 10, 2003.
DISCUSSION
There are specific items that the City of Dubuque must include in its permit application
that Engineering will compile. However, the bulk of the NPDES permit application
involves the identification of best management practices (BMPs) for each of the six
minimum control measures aimed at reducing pollution associated with stormwater
runoff.
One of the goals of the permit application process is to involve and educate citizens.
The City’s cost to implement its NPDES permit depends on the BMPs chosen by
Dubuque and deemed acceptable by the Iowa Department of Natural Resources. The
six minimum control measures are:
1) Public Education and Outreach. This program requires the distribution of
educational materials on stormwater and the steps the public can take to reduce
pollution.
2) Public Involvement and Participation. All state and local public notice
requirements must be followed when implementing the plan.
3) Illicit Discharge Detection and Elimination. Procedures must be in place to
identify and remove illegal discharges, including sanitary sewers connections into
storm sewers and dumping of wastes into the drainage system.
4) Construction Site Stormwater Runoff Control. The City must develop an
ordinance to control pollutants in runoff from construction sites. BMPs must be
identified that control/reduce erosion and control sediment.
5) Post Construction Stormwater Runoff Control. Similar to Construction Site
Controls, but the BMPs for post construction are permanent BMPs to remain and
be maintained by the property owner.
6) Municipal Operation Good House Keeping. The City must evaluate the
operations and maintenance activities, parks, open space, transportation, streets,
and stormwater systems to enhance water quality.
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RECOMMENDATION
The strategy recommended to determine the BMPs appropriate for Dubuque involves
the formation of five (5) separate task forces to address the six (6) minimum control
measures outlined above. Each task force will be comprised of City staff and, in some
cases, private citizens.
There are three main reasons to involve private citizens in the process as members of a
task force. Foremost, as the authors of the regulations state, “an informed and
knowledgeable community is crucial to the success of a storm water management
program . . . to garner greater support and an awareness of personal responsibility.”
Secondly, the more we can tap into the environmentally related citizen groups and
educational institutions the lower the programs cost will be to citizens of Dubuque.
Lastly, as stated previously, two of the six minimum control requirements of the program
include public education and participation.
Each task force will meet three times starting in December. The agenda of the
meetings will be:
1) A kickoff meeting to introduce all task force members to the Phase II rule,
summarize what is required of the City of Dubuque, and outline the goal of each
task force;
2) Present the specific requirements of each taskforce, hand out
examples/suggestions of best management practices (BMPs) that Dubuque
might employ, and begin discussing BMP alternatives; and
3) Compile a plan to be presented to the City Manager, the Environmental
Stewardship Commission, the City Council, and the Iowa Department of Natural
Resources (IDNR).
Additional meetings might be required to fine-tune the recommendation of each task
force based on feedback from the Environmental Stewardship Commission, the City
Council, and the IDNR.
One of the steps each task force will take will be to identify all current City and citizen
group activities that can be included (or modified) as part of Dubuque’s stormwater
program. However, to fully meet the requirements of the regulations, new activities will
be identified that will require funding.
Engineering will provide the schedule; the specific agenda; and the materials necessary
for the task force members to put their portion of Dubuque’s stormwater plan together.
Task Force Formation
Listed below, for the purpose of discussion, are five (5) task force rosters. The goal of
the process is to be inclusive while still retaining a productive task force size.
Task Force #1: Stormwater Public Education & Outreach Program
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The objectives of this task force will be: recommend a public education program that
will identify ways to distribute educational materials to the community, or conduct
outreach activities detailing the pollution associated with stormwater and the impact it
has on Dubuque’s rivers, creeks and streams. The plan should promote the formation
of partnerships with existing environmental organizations; identify existing educational
materials already available that would be appropriate for Dubuque; and strive to
address the viewpoints of a variety of citizens including minority, disadvantaged, and
children.
The proposed Stormwater Public Education & Outreach Task Force is:
1. Cindy Steinhauser, Assistant City Manager (Facilitator)
2. Gus Psihoyos, Assistant City Engineer
3. Deron Muehring, Civil Engineer
4. Jerelyn O’Connor, Neighborhood Development Specialist
5. Nancy Otterbeck, Regional Collection Center Coordinator for Household
Hazardous Materials
6. Environmental Stewardship Commission (representative)
7. Mississippi River Museum & Discovery Center (representative)
8. Dubuque Community Schools (science faculty representative)
9. University of Dubuque (science faculty representative)
10. Loras College (science faculty representative)
11. Clarke College (science faculty representative)
12. Wahlert High School (science faculty representative)
Task Force #2: Public Participation/Involvement Program
The objective of this task force is to recommend a plan that ensures that the public is
included during the development, implementation, and reviewing of the City’s
stormwater program. The plan should identify the best management practices (BMPs)
to be utilized such as storm drain stenciling that get citizens involved and citizen watch
groups that keep citizens involved.
The proposed Public Participation/Involvement Task Force is:
1. Cindy Steinhauser, Assistant City Manager
2. Gus Psihoyos, Assistant City Engineer
3. Deron Muehring, Civil Engineer
4. Jon Brown, Assistant Water Pollution Control Department Manager
(Facilitator)
5. Jerelyn O’Connor, Neighborhood Development Specialist
6. Environmental Stewardship Commission (representative)
7. River Discovery Consortium (representative)
8. Dubuque Audubon Society (representative)
9. Sierra Club (representative)
10. Friends of the Upper Mississippi (representative)
11. Fish & Wildlife Refuge (representative)
12. Walleye Fishing Club of Dubuque (representative)
13. Bass Fishing Club of Dubuque (representative)
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14. Dubuque Drifters Canoe Club (representative)
15. Dubuque Boat Club (representative)
16. Catfish Creek Coalition (representative)
Task Force #3: Illicit Discharge Detection & Elimination Program
The objective of this task force will be to formulate a plan that will detect and address
non-stormwater discharges, including illegal dumping, into Dubuque’s stormwater
drainage system.
The proposed Illicit Discharge Detection & Elimination Task Force is:
1. Gus Psihoyos, Assistant City Engineer
(Facilitator)
2. Deron Muehring, Civil Engineer
3. Barry Lindahl, Corporation Council (Ordinance Verification)
4. Don Vogt, Operations & Maintenance Department Manager
5. John Klosterman, Street/Sewer Maintenance Supervisor
6. Dan Brown, Fire Chief (Hazardous Spill Response)
7. Mary Rose Corrigan, Health Department
8. Paul Schultz, Solid Waste Manager
9. Bill Blum, City Solicitor
10. Environmental Stewardship Commission (representative)
Task Force #4: Construction & Post-Construction Site Runoff Control Program
The objective of this task force will be twofold. First, an ordinance must be developed
that controls polluted runoff from construction sites. To that end, erosion & sediment
control plans will be required with every land disturbing activity of an acre or more. This
will be incorporated into the existing site plan submittal and review process. However,
an inspection and enforcement program based on the nature of the activity is required.
Secondly, the task force must recommend a plan that identifies best management
practices that reduce the pollutants associated with stormwater runoff after construction
is complete. An example would be a parking lot catch basin that has a filter device,
capable of capturing grease and other automotive pollutants. The plan would also
include the inspection of stormwater facilities to ensure that they are operational.
The proposed Construction (and post construction) Site Runoff Control Task Force is:
1. Gus Psihoyos, Assistant City Engineer (Facilitator)
2. Deron Muehring, Civil Engineer
3. Barry Lindahl, Corporation Council
4. Kyle Kritz, Associate Planner
5. Rich Russell, Building Services Manager
6. Developer’s Roundtable (two representatives)
7. Durrant Group (representative)
8. Buesing & Associates (representative)
9. IIW Engineers (representative)
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10. MSA (representative)
11. WHKS (representative)
12. Local Contactors (two representatives)
13. Greater Dubuque Development Corporation (representative)
14. Dubuque Chamber of Commerce (representative)
15. Wayne Peterson, US Department of Agriculture – National Resource
Conservation Service
16. Environmental Stewardship Commission (representative)
Task Force #5: Good Housekeeping/Municipal Operation Program
The objective of this task force will be to recommend a plan that will include employee
training and operations that prevent or reduce polluted runoff from municipal operations.
Some of the operations to review are: park & open space maintenance, fleet & building
maintenance, construction & land disturbing activities, and stormwater system
maintenance.
The proposed Good Housekeeping/Municipal Operation Task Force is:
1. Gus Psihoyos, Assistant City Engineer
(Facilitator)
2. Deron Muehring, Civil Engineer
3. Don Vogt, Operations & Maintenance Department Manager
4. John Klosterman, Street/Sewer Maintenance Supervisor
5. Gil Spence, Leisure Services Manager
6. John Hail, Park Division Manager
7. Paul Horsfall, Water Pollution Control Plant Manager
8. Bob Green, Water Plant Manager
9. Mark Munson, Transit Manager
10. Environmental Stewardship Commission (representative)
PROCESS FLOW CHART
Iowa Department of Natural Resources
City Council
Environmental Stewardship Commission
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City Staff Task Force
PROJECT SCHEDULE
·
December 16, 2002: Present the process to the City Council for their approval;
·
December 18, 2002: Present the process to the Environmental Stewardship
Commission outlining their role as the intermediate oversight body;
·
December 19 and 20, 2002: First Task Force meetings to explain the regulations
and what is expected of each task force member;
·
January 6-10, 2003: Second task force meeting to discuss what best
management practices are appropriate for Dubuque;
·
January 20-24, 2003: Present the Environmental Stewardship Commission with a
task force status report and provide BMP information for the Commission’s input;
·
February 10-14, 2003: Third task force meetings where each task force will make
recommendations as to the BMPs they feel are appropriate for the City of
Dubuque;
·
February 17-21, 2003: Present Task Force recommendations to the
Environmental Stewardship Commission for their review and comments;
·
March 3, 2003: Present the City of Dubuque’s NPDES Phase II permit
application to the City Council for their approval; and
·
March 10, 2003: Submit the City of Dubuque’s NPDES Phase II permit
application to the IDNR for their approval.
all
The IDNR has indicated to City staff that they will review and compare permit
applications and may require additional items to be included in Dubuque’s permit. As
such, we should expect some minor revisions to the plan following the IDNR’s review of
the City of Dubuque’s application.
BUDGET IMPACT
An annual appropriation of $100,000 has been recommended for the upcoming five-
year capital improvement budget. The goal of the process is to identify all current BMPs
in utilized in Dubuque and promote citizen participation to reduce the cost of the permit
application to the citizens of Dubuque. To that end, the process outlined above will
determine the level of funding required and future budgets will be adjusted accordingly.
ACTION REQUESTED
I respectfully request that the City Council approve the process outlined above to
assemble the City of Dubuque’s National Pollution Discharge Elimination Phase II
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permit application to be submitted to the Iowa Department of Natural Resources.
Prepared by Deron Muehring
CC: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, Corporation Council
Bill Blum, City Solicitor
Michael Koch, Public Works Director
Pauline Joyce, Administrative Services Manager
Mary Rose Corrigan, Health Services Manager
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
David Harris, Housing and Community Development Manager
Don Vogt, Operations and Maintenance Manager
John Klosterman, Street/Sewer Maintenance Supervisor
Gil Spence, Leisure Services Manager
John Hail, Park Division Manager
Paul Horsfall, Water Pollution Control Plant Manager
Jon Brown, Assistant Water Pollution Control Plant Manager
Bob Green, Water Department Manager
Dan Brown, Fire Chief
Paul Schultz, Solid Waste Management Supervisor
Rich Russell, Building Services Manager
Jerelyn O’Connor, Neighborhood Development Specialist
Susan Gwiasda, Public Information Officer
Mark Munson, Transit Manager
Environmental Stewardship Commission
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