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IDNR - Storm Sewer PermitsTHOIdA,5 J VI:]L~ACK, GOVERNOR SALLY J PEDER$ON~ LT GOVERNOR STATE -Of: IOWa DEPARTMENT Of NATURAL RESOURCE~ JEFFREY !P. ;VONK DIRECTOR CERTIFIED MAIL .~ December 18, 2001 ~'~-' ~ City of Dubuque G '~:' "~ ~"-~ 50 W. 13t~ St. 0 -~ "-' Dubuque, IA 520014864 © '- ~ (D -- RE: Municipal separate storm sewer permit requkements Honorable Mayor and Council: As you may know, on December 8, 1999 the Environmental Protection Agency published additional storm water roles in the Federal Register. A portion of these rules addressed requiring permits for municipal separate storm sewer systems (MS4s). These rules specify the municipalities which are required to obtain permits for their MS4s. Included on the list of municipalities is the City of Dubuque. Applications for these permits must be submitted no later than March 10, 2003. These applications must satisfactorily address the six minimum control measures to reduce the discharge of pollutants from the MS4 as outlined in the enclosed EPA fact sheets. This would include specifying the best management practices (BMPs) to be implemented, the measurable goals the city intends to achieve for each of the six measures, when the city intends to implement the BMPs, interim milestones and frequency. The EPA also has a "menu" of BIvlPs intended to assist cities in meeting the six minimum control measures. Due to the large number of these they have not been included with th/s letter. However, you may download them at this address: www. epa.0ov/npdes/menuofbmpslmenu.htm If you are unable to download this information we will print and send the information to you. The application requirements specify only what criteria must be addressed, not how they should be addressed. Since the problems and potential solutions are different for each ciw, the cities are encouraged to determine their own approaches to address the six minimum control measures. It is envisioned that the depmtment and the applicants will quite possibly discuss at length the suitability of the applications. It could also be useful for the cities to share information and ideas with one another to minimize duplication of effort Enclosed is a list of cities that are required to obtain WALLACE STATE OFFtCE BUILDING / 502 EAST 9th STREET / DES MOINE$, IOWA 50319 515-281o5918 TDD 515-242-5967 FAX 515.28%6794 www.state. Ja. us/dnr permits for their MS4s and those that, due to their population, proximity to urbanized areas and potential impact on receiving waters may be required to obtain permits. The department is currently reviewing the criteria for determining which of these cities w/Il be required to obtain permits. The cities are allowed and encouraged to submit joint applications if they are in the same urbanized area as defined by the 2000 census and have executed a 28E agreement creating a new legal entity which would then be the permittee. If you have any questions or comments concerning this matter please contact me at 515-281-7017. Sincerely, Joseph D. Griffin Wastewater Section Environmental Protection Division Enclosures: 1-9) EPA Fact Sheets 2.0-2.9, 2) List of Iowa cities Definitely need storm water MS4 permit. Altoona Dubuque Ames Iowa City Bettendorf Marion Cedar Falls Sioux City Clive Urbandale Coralville Waterloo Council Bluffs West Des Moines Davenport May need storm water MS4 permit Ankeny Asbury Boone Buffalo Badingtun Carroll Carter Lake Clinton Elk Run Heights Evansdale Ft. Dodge Ft. Madison Hiawatha Indianola Johnston Keokuk Le Claire Marshalltown Mason City Muscatine Newton Norwalk Oskaloosa ©ttumwa Panorama Perk Pleasant Hill Raymond Riverdale Robins Sergeant Bluff Spencer Storm Lake University Heights Windsor Heights United States Office of Water EPA 833-F-00-002 Environmental Protection (4203) January 2000 Agency Fact Sheet 2,0 EPA Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1.o- Storm Water Phase 11 Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 -Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Ames: Definition and Description Minimum Control Measures 2.3 - Public Education and Outreach 2.4 - Public Participation/ Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Constmction Site Runoff Cenl~o] 2.7 - PosbCons~m:tien Runoff Control 2.8 - Pollution Prevention/Geed Housekeeping 2.9 - Permitting and Reporting: The Process and Requirements 2.10 - Federal and State-Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Eresiviiy Waiver Industrial "No Exposure" 4.0 - Condi~ienal No Exposure Exclusion for [ndes~al Activity Small .MS4 Storm Water Program Overv,ew 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 1I 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 wildiife. 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 II 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? m~lmsall MS4 is any MS4 not already covered by the Phase I program as a medium or large 4. The Phase II 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 designatesl For more information on Phase II small MS4 coverage, se? 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. Iraplementation 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 II Rule defines a small MS4 storm water management program as a program comprising six elements that, when implemented in concert, am expected to result in significant reductions of pollutants discharged into receiving waterbodies. Fact Sheet 2.0 - An Overview of the Small MS4 Storm Water Pro~ram 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. Public Education and Outreach Distributing educational materials and perform/ng 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 encouragfing 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 mag and informing the commtm~ty about hazards associated with illegal discharges and improper disposal of waste). Construction Site Runoff Control Developing, ~mplementing, 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, ~mplementing, 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 reduc'mg 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 II program for MS4s is designed to accommodate a general permit approach using a Notice of Intent (NOD as the permit application. The operator of a regulated small MS4 must include in its permit appt/cation. or NOI, its chosen BMPs and measurable goals for each minimum control measure. To help permittees 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 infon~ation on application requirements, see Fact Sheet 2.9. What Are the Implementation Options? The role 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-permittee. 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. Perrrdttees also are required to assess their progress in achieving their program's measurable goals. While moultoring is not required trader the role. the NPDES permitting authority has the discretion to require monitoring if deemed necessary. If there is an indication of a need for improved controls, perrdttees can revise their mix of BMPs to create a more effective program. For more information on program evaluatio~ffassessment, see Fact Sheet 2.9. For Additional'Information Contact me U.S. EPA Office of Wastewater Management Phone: 202 260-5816 E-mail: SW2 @epa.gov Intemet: www.epa.gov/owm/sw/phase2 Reference Documents ~ Storm Water Phase II Final Rule Fact Sheet Series Intemet: www.epa.gov/owm/sw/phase2 ~ Storm Water Phase 1/Final Rule t64 FR 68722) Internet: www.epa.gov/owrrdsw/phase2 Contact the U.S. EPA Water Resource Center - Phone: 202 260-7786 - E-mail: center.water-resource@epa.gov EPA United States : office of water Environmental Protection (4203) Agency EPA 833~F-00-003 January 2000 Fact Sheet 2.1 Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase ti Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Storm Wator Program Overview 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description Minimum Control Measures 2.3 - Public Education and Outreach 2.4 - Public Par~dpation/ Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Control 2.7 - Post-Construction Runoff Control 2.8 - Pollution PrnventionfGood Housekeeping 2.9 - Permitting and Reporting: The Process and Requirements 2.10 - Federal and State-Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Erosivit? Waiver Industrial "No Exposure" 4.0 - Conditiooal No Ezpesore Exclusion for Industrial Aefivi'~ Who's Covered? Designation and Waivers of Regulated Small MS4s Who Is Affected by the Phase Il 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 def'mition 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 Iocal 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)...incinding 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? [~ UrbanizedAreas 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. 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. 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 II program. Are All Small MS4s Covered by the Phase II Final Rule? No. The universe of stroll MS4s is :luite 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 II 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: 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 to~ether have a residential population of at least 50,000 mtd an overall population deusity of at least 1,000 people per square mile. It is a calculatiou 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 perrrdt 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 neTM calculations. For more information on UAs, see Fact Sheet 2.2. Preamble of the Phase H 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 II 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 with/n a UA. See Fact Sheet 2.2 for more information on how to determine potential qover,age under the Phase II program. Appendix 6 can be obtained from the EPA Office of Wastewater Management (OWM) or downloaded from the OWM web site. Automatic Nationwide Designation The Phase II Final Rule requires nationwide coverage of all opemtors 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 desiguated 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 rematns regulated unless_ or until, it meets the criteria for a waiver. 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 II Final Rule requires the NPDES permitting authority to develop a set of designation criteria and apply them, at a mimmum, m 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. 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: Fact Sheet 2.1 - Who's. Covered? Designation and Waivers of Regulated Small MS4s Page 3 I connected to a second MS4 in such a way that it allows for direct discharges into the second system. Discharge to sensitive waters; High population density; High growth or growth potential; Contiguity to a UA; Significant contributor of pollutants to waters of the United States; and 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 II 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 OVid 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. Are Waivers from the Phase II Permit/Program Requirements Possible? Ves, two waiver options are available to operators of .I-automatically designated small MS4s if discharges do not cause, or have the potential to cause, water quality impairment. The first applies where: (1) the jm-isdiction 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 winch it discharges, storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established "total maximum dally load" (TMDL) that addresses the pollutant(s) of TMD~ 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 waterbQdy 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. Potential Designation by the NPDES Permitting Authority - Physically Interconnected Under the f'mal role, 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. Pollumn~ 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 impakment in any water body to winch the MS4 discharges. Fact Sheet 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s Page 4 The second applies where: (1) the jurisdiction served by the system is tess 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 polintant(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 wmvers 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 a jurisdiction 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 ali 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 permittees 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 tack the necessary legal authority to implement one or more of the required minimum control measures that comprise the Phase 1I 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 managemem program in which each permittee is responsible for acti,/~ties that are ~Athin their individual legal authorities and al~lities. For Additional Information Contact ~' U.S. EPA Office of Wastewater Management Phone: 202 260-5816 E-mail: SW2@epa.gnv Internet: www.epa.gov/owm/sw/phase2 Reference Documents ~ Storm Water Phase II Final Rule Fact Sheet Series Internet: www.epa.gov/owm/sw/phase2 Storm Water Phase II Final Rule (64 FR 68722'~ Internet: www.epa.gov/owrn/sw/phase2 Contact the U.S. EPA Water Resource Center Phone: 202260-7786 E-mail: center.water-resource @ epa.gov EPA United States Office of Water Environmental Protection (4203) Agency EPA 833-F-00-004 December 1999 Fact Sheet 2,2 Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Storm Water Phase I[ Final Rule: An Overview Small MS4 Program 2.0- Small MS4 Storm Water Program Overview 2.1 - WPO's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description Minimum Control Measures 2,3 - Public Education and Outreach 2.4 - Public Par~cipatiee/ Involvement 2.5 - Illicit Discharge Detection and Elimirration 2.6 - Construction Site Runoff Control 2.7 - Post-Couslmction Runoff Control 2.8 - Pollution Prevention/Good Housekeeping 2.9 - Permitting and Repo~ting: The Process and Requirements 2.10- Federal and State-Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Erasivity Waiver Industrial "No Exposure" 4.0 - ¢ondi~0nal No Exposure Exclusion for Industrial Activity Urbanized Areas: Definition and Description A s discussed m Fact Sheet 2.1, Who s Covered. Destgnatton and Watvers of Regulated ~-*~Small MS4s, the Phase II Final Rule covers all smell municipal separate storm sewer systems (MS4s) located within an "urbanized area" (UA). Based on the t990 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 1I 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 1I storm ware~ program, through the following two steps: --STEP1 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 II 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 stel: (2) below. (Note: Appendix 6 can be obtained from the EPA Office of Wastewater Management (OWM) or downloaded from the OWM web site3 --STEP2 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 with/n 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.cansus.gov/sdc/www, State Planning/Economic/Transportation Agencies: These agencies typically use UAs to assess current development and forecast furore 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 Central Place Incorporated Place Federal Indian Reservation (FIR) Unincorporated "Urbanized Area" Portion of a Town (MCD) or County Urbanized Area Town or Township as a functioning Minor Civil Division (tvlCD). An MCD is the primary subdivision of a County. Fact Sheet 2.2 -- Urbanized Areas: Definition and Description Page 3 The Bureau of the Census UrbanizedAreas Staff'. 301 457-1099 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. 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/cob/ua.htm/. 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/msgeo 12.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). 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/owm/phase2. 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. Once a small MS4 is designated into the Phase II 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 ~ U.S. EPA Office of Wastewater Management Phone: 202 260-5816 , E-mail: SW2 @epa.gov Internet: www.epa.gov/owm/sw/phase2 Reference Documents ~ StormWater Phase II Final Rule Fact Sheet Series Intemet: www.epa, gov/owm/sw/phase2 Storm Water Phase II Final Rule (64 FR 68722) Internet: www.epa.gov/owrn/sw/phase2 Contact the U.S. EPA Water Resource Center - Phone: 202 260-7786 - E-mail: center.water-resource @epa. gov United States Office of Water EPA 833-F00-005 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.3 &EPA Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1.o - Storm Water Phase Il Final Rule: An Overview Small MS4 Program 2,0- Small MS4 Storm Water Pro§mm Overview ;',1 -Who's Covered? Designation and Waivers of Regulated Small MS4s 2.:) - IJrbanized Areas: Delinition and Description Minimum Control Measures 2.3 - Public Education and Outreach 2.4 - Public Participation/ Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Control 2.7 - Post-Construction Runoff Control 2.8- PolluiJon Prevention/Good Housekeeping 2.9 - Pem]itting and Reporting: The Process and Requirements 2.10 - Federal and State*Operatnd MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Erosiv'~ Waiver Industrial "No Exposure" 4.0- Conditional No Exposure ExcJusion for Industrial Activity Public Education and Outreach Minimum Control Measure This fact sheet profiles the Public Education and Outreach minimum control meaSure, one of six meaSures an 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) storm water permit. This fact sheet outlines the Phase 13[ 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? To 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 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 0 Formine Partnershins Operators of regulated small MS4s are encouraged to enter into partnerships with other governmental entities to fulfill this minimum control measure's requimrnents. 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: · Recreationalguides 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 plaeemats; · A library of educational materials for community and school groups; · Volunteer citizen educators to staff apublic education task force; · Eventparticipation with educational displays at home shows and community festivals: · Educationalprograms for school-age ~hildren: · Storm drain stenciling of storm drains with messages such as "Do Not Dump - Drains Dkectly to Lake:" · Storm water hotiines 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 tncmase public awareness of local water resources. ~ ReachingDiverse 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 ouffalls 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 i year ........ 2 years ......... 3 years ......... 4 years ......... Activity Brochures developed (bilingual, if appropriate'~ and distributed in water utility bills; a storm water hotline in place; volunteer educators trained. A web site created: school curricula developed; storm drains stenciled. A certain percentage of restaurants no longer dumping grease and other pollutants down storm sewer drains. A certain percentage reduction in litter or animal waste detected in discharges. For Additional h~formation Contact ~' U.S. EPA Office of Wastewater Managemem Phone: 202 260-5816 E-mail: SW2@epa.gov Intemet: www.epa.gov/owm/sw/phase2 Reference Documents ~ Storm Water Phase II Final Rule Fact Sheet Series Iaternet: www.epa.govlowm/sw/phase2 Storm Water Phase II Final Rule (64 FR 687223 Internet: www.epa.gov/owrn/sw/phase2 Contact the U.S. EPA Water Resource Center Phone: 202 260-7786 E-mail: center.water-resource @ epa.gov United States Office of Water EPA 833-F-00-006 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.4 &EPA Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1.o- Storm Water Phase II Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Defioltion and Description Minimum Coobol Measures 2.3 - Public Education and Outreach 2.4 - Public Participation/ Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Control 2.7 - Pest-Cons~ction Runoff Control Minimum Control Measure 2.8 - Pollution Prevention/Good Housekeeping 2.9 - Permtiting and Reporting: The Process and Requirements 2.10 - Federal and State-Operated MS4s: Program implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall ErusMty Waiver Industrial "No Exposure" 4,0 - Conditional No Exposure Exclusion for Industrial Activity 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 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 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 b,elieves 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; · Abroaderbaseofexperti~eandeconomicbenefitssincethecommunitycanbea 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 measure, the operator of a regulated small MS4 must: ~ 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? OPerators 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 ail econowac and ethnic groups. EPA recognizes that there are challenges associated with public involvement. Nevertheless, EPA strongly believes that these chailenges can be addressed tin'ough 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 chailenges is to know the audience and think creatively about how to gain its attention and interest. Traditional methods of soliciting public input are not aiways successful in generating tnterest, and subsequent involvement, in all sectors of the community. For example, muulcipaiities 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 locai 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 maihngs, 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: netghborhood and corranunity 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 (BMPs) 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 gtves 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 polinters: 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 goais: Tara:et Date 1 year ............ 3 years .......... 4 years .......... Activity 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. Final recommendations of the citizen panel; radio spots promoting program and participation. A certain percentage of the community participating tn community clean-ups. Citizen watch groups established in a certain percentage of neighborhoods: outreach to every different population sector completed. ' For Additional Information Contact ~e U.S. EPA Office of Wastewater Management Phone: 202 260-5816 E-mail: SW2@epa.gov imternet: www.epa.gov/owrcdsw/phase2 Reference Documents ~r Storm Water Phase II Final Rule Fact Sheet Series Intemet: www.epa.guv/owm/sw/phase2 Storm Water Phase II Finai Rule (64 FR 68722) Intemet: www.epa.gov/owm/sw/phase2 Contact the U.S. EPA Water Resource Center Phone: 202 260-7786 E-mail: center.water-resource @ epa.gov 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 O~ez¥iew 1.0 - Storm Water Phase Il Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Descriphan Minimum Coniml Measures 2.3 - Public Education and Ouireach 2.4 - Public Participation/ Involvement 2.5 - Ilfidt Dischan~e DeteclJon and Elimination 2.6 - Construction Site Runoff Cun~rol 2.7 - Post-Construction Runoff Control 2.8 - Pollution Prevenfion/Goed Housekeeping 2.9 - Permitting and Reporang: The Process and Requirements Z.10 - Federal and State-Operated MS4s: Program Implementation Construction Program 3.0 - Constmcfion Program Ove~iew 3.1 - Constmcfioo Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion for lndust~al Acavity 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 CMS4) 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 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 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 role 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: 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 out falls; 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; A plan to detect and address non-storm water discharges, including illegal dumping, into the MS4: 121 The education of public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste: and 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 trrigation: 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; DechlmSnated 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 ahilities, but some general guidance for each requirement is provided below. The Map 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 outfails can be clearly presented demonstrates stlch awareness. EPA recommends collecting all existing information on ouffall locations Ie.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 tftp may be needed to locate all out falls. Legal 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 chamcter 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 o~ly, the permittee's storm water program. Suggested educational four steps of a recommended plan are outlined below: outreach efforts include: 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 fmd 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. 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 ouffails screened; any complaints received and corrected; the number of discharges and quantities of flow eliminated; and the number of dye or smoke tests conducted. 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, ouffalls or to stencil stonrn 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 Date I year ............ 2 years .......... 3 years .......... 4 years .......... Activity Sewer system map completed; recycling program for household hazardous waste in place. Ordinance in place; training for public employees completed; a certain percentage of sources of illicit discharges determined. A certain percentage of illicit discharges detected; illicit discharges eliminated; and households participating in quarterly household hazardous waste special collection days. Most illicit discharge sources detected and eliminated. 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 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). Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure Page 4 For Additional Information Contact ~ U.S. EPA Office of Wastewater Management Phone: 202 260-5816 E-mail: SW2@epa.gov Interact: www.epa.gov/owm/sw/phase2 Reference Documents ~ Storm Water Phase II Final Rule Fact Sheet Series Intemet: www.epa.gov/owm/sw/phase2 Storm Water Phase II Final Rule (64 FR 687221 Intemet: www.epa.gov/owm/sw/phase2 Contact the U.S. EPA Water Resource Center - Phone: 202 260-7786 - E-mail: center, water-resource@epa.gov Maryland Department of the Environment. Water ManagementAdministration. 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 ~ Program for the Elimination of Illicit Discharges. Wayne County, Michigan. United States Office of Water EPA 833~F-00-008 Environmental Protection (4203) January 2000 Agency Fact Sheet 2.6 EPA Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 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? Designation and Waivers of Regulated Small MS4s ;'.2 - Urbanized Areas: Definition and Description Minimum Control Measures 2.3 - Public Education and Outreach 2.4 - Public Pa~cipafion/ Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6- Cons~'uction Site Runoff Control ;'.7 - Post-constru~on Runoff Control 2.8 - Pollution th'eveefion/Good Housekeeping 2.9- Permitting and Reporting: The Process and Requirements 2,10- Federal and State-Operated MS4s: Program Implementation Construction Program 3.0- Construction Program Overview 3.1 - Construction Rainfall Ernsivity Waiver Industrial "No Exposure" 4.0 - Condit[eeal No Exposure Exclusion for Industrial Activity Construction Site Runoff Control Minimum Control Measure 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 0VIS4) is required to include in its storm water management program to meet the conditions of its National Pollutant Discharge Elimination System (iffPDES) 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 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 1, sediment is usually the main pollutant of concern. Sediment runoff rotes 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, conslr~ction 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 1 Pollutants Commonly Discharged Fr°m C°nstruct'°n Sites Sediment Solid and sanitary wastes Phosphorous (fer[ilizer) Nitrogen (fertilizer) Pesticides Oil and grease Concrete truck washout Construction chemicals The Phase 1I 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: 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; Have procedures for site plan review of construction plans that consider potential water quality impacts; Have procedures for site inspection and enforcement of control measures; 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 Establish procedures for the receipt and consideration of information submitted by the public: and Determine the appropriate best management practices (BIVlPs) and measurable goals for this minimum control measure. Suggested BMPs (i.e., the program actions/activities) and measurable goals are presented below. the constmedon 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 thal visits the sites te check compliance with health and safety building codes. What Are Some Guidelines for Developing and Implementing This Measure? F~rre;er explanation and guidance for each component of a lated small MS4's construction program is provided below. Regulatory Mechanism Through the development of an ordinance or other regulatoxy 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 me 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 tn 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 Intbrmation Submitted by the Public A final requirement of the small MS4 program for construction activity is the development of procedures for the receipt mad 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 grven to the construction site inspector for possible follow-up will suffice. What Are Appropriate Measurable Goals? -~ ][easurable goals, which are required for each minimum l¥1control measure, are intended to gauge permit compliance and program effectiveness. The measurable g6ats, 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 requiremenks and intent of the minimum control measure. An integrated approach for this minimum measure could include the following measurable goals: Target Date 1 year ............ 2 years .......... 3 years .......... 4 years .......... Activity Ordinance or other regulatory mechanism in place; procedures for information submitted by the public in place. Procedures for site inspections implemented; a ~ertalu percentage rate of compliance achieved by construction operators. Maximum compliance with ordinance; improved clarity and reduced sedimentation of local waterbodies. 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 moro acros 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 shrdlarly 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 I',rpDES storm water permit, the construction site runoff control minimum measure for the small MS4 program is needed to induce more localized site rogulation 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 co_nstmction 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 rogulatory coverage of the constnmction site: The provision allowing NPDES permitting authorities to roferonce other programs has no impact on, or direct rolation to, the small MS4 operator's responsibilities under the construction site runoff control minimum measure profiled here. Is a Small MS4 Required to Regulate Construction Sites that the Permitting Authority has Waived from the NPDES Construction Program? No. If the NPDES permitting authority waives roquirements for storm water discharges associated with small construction activity (see 122.26(b)(15)(i)), the small MS4 operator is not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such consauction sites. For Additional Information Contact ~' U.S. EPA Office of Wastewater Management Phone: 202 260-5816 E-mail: SW2@epa.gov Internet: www.epa.gov/owm/sw/phase2 Reference Documents ~ Storm Water Phase II Final Rule Fact Sheet Series Interuet: www.epa.gov/owm/sw/phase2 Storm Water Phase ]I Final Rule (64 FR 68722) Internet: www.epa.gov/owm/sw/phase2 Contact the U.S. EPA Water Resource Center - Phone: 202 260-7786 - E-malh center.water-resouroe @ epa.guy 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 Storm Water Phase II Final Rule Fact Sheet Series Overview 1.o- Ste~n Water Phase II Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 -Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description Minimum Conlrol Measures 2.3 - Pubtic Education and Outreach 2.4 - Public Pa~tici@ation/ Involvement 2.5 - lilic'r~ Discharge Detection and Elimination 2.6 - Con~u~on Site Runoff Conb~ol ?-7 - Pest-coesbqJc~on Runoff Contml 2.8 - Pollufion Prevention/Good Housekeeping 2.9- PermitiJng and Repo~eg: The Process and Requirements ?-10 - Federal and State-Operated US4s: Program Implementation Construction Program 3.0 - Construction Program Oven~ew 3.1 - Constru~on Rainfall Erosiv'~J Waiver Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion for Industrial Activity Post-Construction Runoff Control Minimum Control Measure This fact sheet profiles the Post-Construction Runoff Control minimum control measure, one of six measures that the operator of a Phase II regulated small mun/cipal 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) perttfit. 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 ~'eat 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 stonm 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 cost2effective approach tO storm water quality management. There are generally two forms of substantial impacts of post-construction runoff. The fa:st 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 harinful sediment and chemicals such as oil and grease, pesticides, heavy metals, and nutrients (e.g., niu'ogen 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 fbod 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 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: 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 Ensure adequate long-term operation and maintenance of controls; t21 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 1 acre of land. Tiae 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-constmctiun runoff control minimum measure. It is important to recognize that many BMPs are chmate-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. 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 comprormsing 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. 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 ddrainage systems. These practices both control storm water volume and settle our particulates for pollutant removal. Infiltration Practices. Infiltration BMPs are designed to facilitate the pemolation 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, mid 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 rmnimum control measure, are intended to gauge penvfit 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: Taraet Date Activity I year .............Strategies developed that include structural mid/or non-structural BMPs. 2 years ........... Strategies codified by use of ordinance or other regulatory mechanisrn~ 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 ~ u.s. EPA Office of Wastewater Managemem Phone: 202 260-5816 E-mail: SW2@epa.guv Interuet: www.epa.gov/owm/sw/phase2 Reference Documents ~ Storm Water Phase lI Fnial Rule Fact Sheet Series Interact: www.epa.gov/owm/sw/phase2 Storm Water Phase 1I Final Rule (64 FR 68722) Internet: www.epa.gov/owrn/sw/phase2 Contact the U.S. EPA Water Resource Center Phone: 202 260-7786 E-mall: center.water-resource @ epa.gov United States Office of Water EPA 833-F-00-010 Environmental Protection {4203) January 2000 Agency Fact Sheet 2.8 Storm Water Phase II &EPA Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1.0 - Sto~ Water Phase II Final Rule: An Overview Small MS4 Pro§ram 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered.? Designation and Waivers of Regulatad Small MS4s 2.2 - Urbanized Areas: Definition and DesodptJon Minimu[n Conffol Measures 2.3 - Public Educafion and Outreach 2.4 - Public Participation/ Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Consol Z.7 - Post-Cons~uction Runoff Conffo] 2.8 - Pollution Prevention/Good Housekeeping 2.9 - Permitting and RepoCJng: T~e Process and Requirements 2.10 - Federal and State-Operated MS4s: Program Implementation Construction Program 3.0- Consa'uction Program Overview 3.1 - Construction Rainfall Erosivibj Waiver Industrial "No Exposure" 4,0- Conditional No Exposure Exclusion for Industrial Activibj 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 (IriS4) 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 bas 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: (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. What Is Required? R~cognizing the benefits of pollution prevention practices, the rale requires an operator of a egulated 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 h'alning 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 below. 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 ths control measure is to ensure that existing municipal. State or Federal operations are performed m 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), mininmze 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 gaining 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 ~megrated 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 1 year ........... 2 years ......... 4 years ......... Activity Pollution prevention plan Ithe new BMPs and revised procedurqs) completed; employee tratning materials gathered or developed; procedures in place for catch basin cleaning after each storm and regular street sweeping. Training for appropriate employees completed; recycling program fully implemented. Some pollution prevention BMPs incorporated into master plan; a certain percentage reduction in pesticide and sand/salt use: maintenance schedule for BMPs established. A certain percentage reduction in floatables discharged: a certain compliance rate with maintenance schedules for BMPs; controls m place for all areas of concern For Additional Information Contact ~' U.S. EPA Office of Wastewater Management Phone: 202 260-5816 E-mail: SW2@epa.gov Internet: www.epa.gov/owngswlphase2 Reference Documents ~' Storm Water Phase II Final Rule Fact Sheet Series hitarnet: www.epa.gov/owrrdswtphase2 Storm Water Phase II Final Rule (64 FR 68722) Internet: www.epa.gov/owm/sw/phase2 Contact the U.S. EPA Water Resource Center - Phone: 202 260-7786 - E-mail: center, water-resource @ epa.gov EPA United States Environmental Protection Agency Office of Water (4203) EPA 833-F-011 January 2000 Fact Sheet 2,9 Storm Water Phase II Final Rule Storm Water Phase II Final Rule Fact Sheet Series Overview 1,0- Storm Water Phase Il Final Rale: An Overview Small MS4 Program 2.0- Small MS4 Storm Water Program Overview 2.1 - Who's Covered? Designation and Waivem of Regulated S-mali MS4s 2.2 - Urbanized Areas: Definition and Description Minimum Conlrol Measures 2.3 - Public Education and Outreach 2.4 - Public Partidpation/ involvement 2.5 - Illic'r[ Discharge Detection and Elimination 2.6 - Construction Site Runoff Control 2.7 - Post-Constmcton Runoff Control 2,8- Polledon PrevontJon/Good Housekeeping 2.9 - Permitting and Reporting: The Process and Requirements 2.10 - Federal and State-Operated MS4s: Program Implementation Conslmction Program 3.0 - Constructon Program Overview 3.1 - Construction Rainfall Emsiv'~] Waiver Industrial "No Exposure" 4.0 ~ Conditional No Exposure Exclusion for Industrial Actvit7 Permitting and Reporting: The Process and Requirements The Storm Water Phase II 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 II storm water program. NPDE. S 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 lnformaiion 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 vurious permit options that are available for operators 0f reguiated 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. General Permits General permits am 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 permittee 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 perraittee then follows the Phase II permit application requiremems (see discussion in next question below ~. Minimige 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 anothet 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 coumy erosion and sediment conti'ol program for construction sites that was developed to comply with a Phase I permit. As long as the Phase II MS4s in the cotmty comply with the county's constraction program, they would not need to develop and implement their own constnxction 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 permittee 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. Individual Permits Individual permits are required for Phase I "medium" and "large" MS4s. but not recommended by EPA for Phase II program implementation. The permittee can either submit an individual application for coverage by the Phase 1I MS4 program (see § 122.34) or the Phase I MS4 program (see § 122.26(d)). For individual coverage under Phase 1I, 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 m 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. 21 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 individmfl 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 ] permit application reqmrements (with some exclusions}. The permittee must comply with the applicable temps of the Phase I individual permit rather than the mimmum control measures in the Phase 1I 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 minhnum control measures: Public education and outreach on storm water tmpacts Public participation/involvement Illicit discharge detection and elimination Construction site storm water runoff control Post-construction storm water management in new development/redevelopment ~ 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) 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 Estimated months and years in which actions to implement each measure will be undertaken, including interim milestones and frequency; and 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 role 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 permittee 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 permittee chooses to rely on another emity, 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 storru water program to satisfy all of the permittee's permit · obligations. Should this option be chosen, the permittee must note this in its NOI, but does not need to file periodic reports. What Does the Permit Require? implementation of their storm water management programs. The NPDES permitting authority is required to provide this menu as an aid for those operatom 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 Reduces the discharge of pollutants to the "maximum extent practicable" (MEP); Protects water quality; and 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 II 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 nun~eric effluent limitations. 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 anthority can require changes in the mix of chosen BMPs and measurable gOals if all or some oi' them are found to be inconsistent with the provisions of die Phase I/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. EPA intends to issue Phase 31I 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 timitati0ns should be' incorporated into the storm water permit. Monitoring is not required under the Phase 1I Rule, but the NPDES permitting authority has the discretion to require monitoring if deemed necessary. What Evaluation/Reporting Efforts Are Required? Menu of BMPs 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 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 Reauired Revort Content The reports must include the follov~ng: The status of compliance with permit conditions, including an assessment of the appropriateness of the selected BMPs and progress toward achieviug the selected measurable goals for each mi~mum measure; 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; A change in any identified best management practices or measurable goals for any minimum measure; and [21 Notice of relying on another governmental entity to satisfy some of the permit obligations (if applicable). A Change in Selected BMPs If, upon evaluation of ~e program, improved controls are identified as necessary, permittees should revise their mix of BlvkPs 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 pernfitting 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 anthofity unless the permittee is requested to do so. What Are the Deadlines for Compliance? 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. [3 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 obta/n is federally enforceable, tlius 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 requiremears. This federal enforceability also includes the right for interested parties to sue under the citizen suit provision (section 4051 of the CWA. For Additional Information U.S. EPA Regional Storm Water Coordinators~ Region 1 {ME2. NH2. VT. MA'-. RI. CT}: Region 2 {NY. NJ. PR2. VI}: Region 3 {PA. DE. DC2. MD. VA. WV}: Re.on 4 { KY. TN. NC, SC, MS, AL. GA. FL}: Region 5 {MN,.WI, IL, MI, IN, OH}: Region 6 {NM". TX. OK, AR, LA}: Region 7 {NE. KS. IA. MO}: Region 8 {MT. ND. WY. SD. UT. CO}: Region 9 { EA. NV. AZ2. HI}: Region 10 {WA. OR, 11)2, AK2}: Thelma Murphy 617 918-1615 Karen O'Brien 212 637-3717 Mary Letzlms 215 814-2087 Michael Mitchell 404 562-9303 Peter Swenson 312 886-0236 Brant Larsen 214 665-7523 Ralph Summers 913 551-7416 Vernon Bancy 303 312-6234 Eugene Bromley 415 744-1906 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. Ntt. NM. PR. VT. VI. and WA. 2 Denotes a non-authorized State for the NPDES storm wamr program. For these States only, the U.S. EPA Re~on is the NPDES permitting authority. All other States serve as NPDES permitting authorities for the storm water program. U.S. EPA Office of Wastewater Managemen~ · Phone: 202260-5816 · E-mail: SW2@epa.gov · Internet: www.epa.gov/owrrdsw/phase2