Phase II Municipal Phase II Municipal Separate Storm Sewer Separate Storm Sewer System (MS4) Permits System (MS4) Permits Patricia Foran & Cindy Hooper Storm Water & Pretreatment Team
Mar 31, 2015
Phase II Municipal Separate Phase II Municipal Separate Storm Sewer System (MS4) Storm Sewer System (MS4)
PermitsPermits
Patricia Foran & Cindy HooperStorm Water & Pretreatment Team
Authorization of TPDES Authorization of TPDES Permitting Program for Permitting Program for
MS4sMS4s September 14, 1998 – TCEQ Receives Full September 14, 1998 – TCEQ Receives Full
Authorization for TPDES ProgramAuthorization for TPDES Program Storm Water to be Implemented in PhasesStorm Water to be Implemented in Phases
Existing Permits – TCEQ to Renew as Permits Existing Permits – TCEQ to Renew as Permits ExpireExpire
Individual Industrial Storm WaterIndividual Industrial Storm Water Phase I MS4Phase I MS4 Multi Sector General PermitMulti Sector General Permit Phase I Construction Activities (CGP)Phase I Construction Activities (CGP)
New Permits – TCEQ to IssueNew Permits – TCEQ to Issue Phase II ConstructionPhase II Construction Phase II MS4Phase II MS4
What is an MS4?What is an MS4?
A conveyance or system of A conveyance or system of conveyances...owned by the U.S., a conveyances...owned by the U.S., a state, city, county, town, or other state, city, county, town, or other public entity that discharges to public entity that discharges to waters of the U.S. and is:waters of the U.S. and is: Designed / Used to Collect or Convey Designed / Used to Collect or Convey
Storm WaterStorm Water Not a Combined SewerNot a Combined Sewer Not Part of a POTWNot Part of a POTW
Difference Between Phase 1 Difference Between Phase 1 and Phase 2 MS4sand Phase 2 MS4s
Phase I MS4s – “Medium” and “Large” Municipalities With Population 100,000+ (1990
Census) Existing Individual NPDES Permits TCEQ Renewing as TPDES Permits
Phase II MS4s – “Small” MS4s Serving a Population <100,000 (1990
Census) Phase II General Permit (Proposed TXR040000)
Regulated Small MS4sRegulated Small MS4s
Small MS4s Located in an Urbanized Area (UA) Only the Portion of the MS4 Inside of a UA UA is a central place (or places) with a minimum
residential population of 50,000 people, and a population density of ≥1,000 people/square mile.
Texas UAs: http://cfpub1.epa.gov/npdes/stormwater/urbanmapresult.cfm?state=TX
“Designated” Small MS4s Any MS4 Designated by TCEQ None Currently Designated Designation Criteria
Waivers from Permitting Waivers from Permitting RequirementsRequirements
“Waiver 1” Small MS4s Serving a Population <1,000 in
a UA List of Populations Within UAs is Available
on EPA Web Site: http://www.epa.gov/npdes/pubs/texas.pdf
Waiver Form Will Be Available
“Waiver 2” Work with TCEQ to Coordinate Request
Technical Requirements Technical Requirements - SWMP- SWMP
Develop and Implement Comprehensive Storm Water Management Program (SWMP) Reduce Pollution in Storm Water to the Maximum
Extent Practicable (MEP) Protect Water Quality Meet Water Quality Requirements of Clean Water
Act and Texas Water Code Include Six Minimum Control Measures
(MCMs) Programs and Controls Best Management Practices (BMPs)
What are BMPs?What are BMPs? Mechanisms to Prevent or Reduce the
Discharge of Pollutants, such as: Schedules of activities Prohibitions of practices Maintenance procedures Structural controls Local ordinances Other management practices
Includes treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas
Six Minimum Control Measures (MCM)
1. Public Education and Outreach2. Public Involvement/Participation3. Illicit Discharge Detection and Elimination4. Construction Site Storm Water Runoff Control5. Post-Construction Site Storm Water
Management for New Development and Redevelopment
6. Pollution Prevention/Good Housekeeping for Municipal Operations
7. Optional - Municipal Construction Activities
General SWMP General SWMP RequirementsRequirements
For each MCM: Establish Measurable Goals Evaluate / Assess Efforts to Meet Goals Maintain Records
Full Implementation Required 5 Years from Permit Issuance Date
For Designated MS4s, Full Implementation Five Years from Designation
Meet MEP Standard
11stst MCM MCMPublic Education & OutreachPublic Education & Outreach
Requirements: Distribute educational materials to the
community or conduct equivalent outreach activities
Inform Public about the Water Quality Impacts of Storm Water, Hazards Associated with Illicit Discharges, and Available Actions to Reduce Storm Water Pollutants
Document Activities and Materials
11stst MCM – Who Must Be MCM – Who Must Be Included?Included?
Groups to Consider: Residents Visitors Public Service Employees Business Commercial/Industrial Facilities Construction Site Personnel
Justify Any Group Not Included
11stst MCM – Guidance MCM – Guidance Use Available Materials from Other Use Available Materials from Other
SourcesSources EPA, State, Local ResourcesEPA, State, Local Resources
Target Specific Audiences and Target Specific Audiences and CommunitiesCommunities
Distribute Fact SheetsDistribute Fact Sheets Conduct Speaking EngagementsConduct Speaking Engagements Air Public Service AnnouncementsAir Public Service Announcements Establish Storm Drain Stenciling ProgramsEstablish Storm Drain Stenciling Programs Develop Classroom EducationDevelop Classroom Education
22ndnd MCM MCMPublic Involvement / Public Involvement /
ParticipationParticipation
Requirements: Comply with State and Local Public
Notice Requirements *Recommendation*
Provide Opportunities for Constituents in the MS4 Area to Participate in the SWMP Development and Implementation
N/A for Correctional Facilities
22ndnd MCM –Guidance MCM –Guidance
Include Public in SWMP DevelopmentInclude Public in SWMP Development Involve Public in Reducing Storm Water Involve Public in Reducing Storm Water
PollutionPollution Storm Drain StencilingStorm Drain Stenciling Stream Monitoring and CleanupStream Monitoring and Cleanup Adopt-A-StreamAdopt-A-Stream Wetland PlantingsWetland Plantings Watershed OrganizationWatershed Organization Stakeholder MeetingsStakeholder Meetings Community HotlinesCommunity Hotlines
33rdrd MCM MCMIllicit Discharge Detection & Illicit Discharge Detection &
EliminationEliminationRequirements:
Establish Program to Detect and Eliminate Illicit Discharges “Illicit” is Unpermitted, Non-Storm Water to
MS4 Describe How Illicit Discharges will be
Eliminated Regulatory Mechanism to Prohibit and
Eliminate Illicit Discharges
33rdrd MCM MCMAllowable Non-Storm Water Allowable Non-Storm Water
DischargesDischarges Water Line Flushing Groundwater A/C Condensation Individual Residential Car Washing Street Wash Water Dechlorinated Swimming Pools Fire Fighting Water Non-Storm Waters Listed in MSGP
and CGP
33rdrd MCM – Requirements MCM – Requirements (continued)(continued)
List Sources that are Not Illicit Based on Nature of Source Based on Controls Required by MS4
Operator MS4 Operator or TCEQ Can Identify a
Non-Storm Water Flow as Significantly Contributing Pollutants to MS4
33rdrd MCM - continued MCM - continued
Develop Storm Sewer Map All Outfalls Names and locations of all waters of the
U.S. that receive discharges from the outfalls
Additional Information Needed to Implement SWMP
List Information Used to Develop Map
33rdrd MCM – Guidance MCM – Guidance
Examples of Illicit Discharges to Address: Failing Septic Systems Industrial/Business Wastewater Connections
to Storm Drains Sanitary Sewer Overflows (SSO) Illegal Dumping Illicit (Illegal/Improper) Connections to
Storm System Identify and Prohibit
33rdrd MCM – Additional MCM – Additional ResourcesResources
Center for Watershed Protection, “Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments” http://www.cwp.org/IDDE/IDDE.htm
EPA Fact Sheet http://www.epa.gov/owm/mtb/nonstorm.
44thth MCM MCMConstruction Site Storm Water Construction Site Storm Water
Runoff ControlRunoff ControlRequirements:
Develop, Implement, and Enforce Program to Reduce Pollutants in Storm Water from Regulated Construction Activities (≥1 acre) Regulatory Mechanism (e.g., Ordinance) to require
Erosion and Sediment controls Establish Sanctions Develop Procedures for Site Plan Review by MS4 Consideration of Public Input Perform Site Inspection and Enforcement of
Controls
44thth MCM – Guidance MCM – GuidancePossible Program Requirements:
Compliance with TPDES CGP, TXR150000 Establishment of Best Management Practices
(BMPs): Runoff Control: Land Grading, Preservation of Natural
Vegetation, Compost Filter Berms, Riprap Erosion Control: Mulching, Chemical Stabilization,
Sodding, Seeding, Geotextiles, Vegetated Buffer, Dust Control, Sequencing
Sediment Control: Perimeter Control (e.g. Silt Fence), Sediment Trapping (e.g. Basins, Filters), Storm Drain Inlet Protection
Good Housekeeping: Waste Management, Vehicle Maintenance, Education and Awareness
5th MCMPost Construction Site Storm Water Management for New Development
and Redevelopment
Requirements: Develop, Implement, and Enforce
Program to Address Storm Water from New Development and Redevelopment Projects ≥1 acre
Ensure Controls to Prevent or Minimize Water Quality Impacts
55thth MCM – Requirements MCM – Requirements (continued)(continued)
Structural and Non-Structural Controls
Regulatory Mechanism to Address Post-Construction Runoff from New Development and Redevelopment Projects
Ensure Adequate Long-Term Operation and Maintenance of BMPs
55thth MCM - Guidance MCM - Guidance
Choose BMPs Appropriate for CommunityChoose BMPs Appropriate for Community Attempt to Maintain Pre-Development Runoff Attempt to Maintain Pre-Development Runoff
ConditionsConditions Involve StakeholdersInvolve Stakeholders Assess Existing OrdinancesAssess Existing Ordinances Ensure Proper Implementation of BMPs Ensure Proper Implementation of BMPs
Non-Structural – Management and Source Non-Structural – Management and Source Controls (e.g., Buffer Zones), Education for Controls (e.g., Buffer Zones), Education for Developers and PublicDevelopers and Public
Structural BMPs – Storage Practices, Filtration, Structural BMPs – Storage Practices, Filtration, InfiltrationInfiltration
66thth MCM MCMPollution Prevention / Good Pollution Prevention / Good Housekeeping for Municipal Housekeeping for Municipal
OperationsOperationsRequirements:
Establish an Operation and Maintenance Program to Prevent or Reduce Pollutant Runoff from Municipal Operations Must Include Employee Training
Establish Good Housekeeping and BMPs Address Waste Disposal List Municipal Operations
Separate List for Operations Subject to TPDES Permitting (e.g., Landfills, Power Plants, WWTPs)
66thth MCM MCMExamples of Municipal Examples of Municipal
OperationsOperations Parks and Open Spaces Streets, Roads, and Highways Municipal Fleets and Buildings Storm Water System New Construction and Land Disturbances Municipal Parking Lots Vehicle and Equipment Yards Waste Transfer Stations Salt/Sand Storage Golf Courses
66thth MCM – Guidance MCM – Guidance
Evaluate Maintenance Practices, Schedules, and Long-Term Inspection Procedures
Establish/Maintain Controls to Reduce Pollutants from Streets, Parking Lots, etc.
Evaluate Waste Disposal Procedures Assess Water Quality Impacts for New
Flood Control Devices
66thth MCM – Examples of MCM – Examples of Areas to AddressAreas to Address
Source ControlsSource Controls Pet Waste CollectionPet Waste Collection Automobile Maintenance and WashingAutomobile Maintenance and Washing Landscaping and Lawn CareLandscaping and Lawn Care Pest ControlPest Control Storm Drain CleaningStorm Drain Cleaning
Materials ManagementMaterials Management Hazardous Materials StorageHazardous Materials Storage Road Salt Application and StorageRoad Salt Application and Storage Spill Prevention and ResponseSpill Prevention and Response Used Oil RecyclingUsed Oil Recycling
77thth MCM MCM (Optional)(Optional)Authorization for Municipal Authorization for Municipal
Construction Activities Under Construction Activities Under TXR040000TXR040000
Indicate on MS4 NOI Authorization for Municipal
Construction Activities Under TXR040000 Rather Than TXR150000
Authorization Only for MS4 Operator Authorization Only for Regulated Area
(UA) Special Site Notice
77thth MCM - Resources MCM - Resources
TPDES Construction General Permit (CGP) Requirements Included in Phase II MS4 Permit
TCEQ Storm Water Permitting Web Site http://www.tceq.state.tx.us/nav/permits/wq_constr
uction.html
CGP Guidance Developed by TCEQ’s Small Business & Local Government Assistance www.sblga.info Draft Q&A Document SWP3 Worksheets and Instructions
SWMP ImplementationSWMP Implementation
Share Program Elements with Other Regulated MS4 Phase I Existing Programs Phase II Developing Programs Each MS4 Responsible for Own Compliance
Contract out a Portion of SWMP Fully Implement 5 Years from Permit
Issuance Develop a Schedule
Additional Guidance and Additional Guidance and ResourcesResources
TCEQ Small Business & Local Government Assistance - www.sblga.info
Links to EPA Outreach and Guidance Non-Point Source Education Information Storm Water Manager’s Resource
Center Links to City Contacts Link to TCEQ Permitting Information
Additional Guidance and Additional Guidance and ResourcesResources
Menu of BMPs
TCEQ Adopted EPA’s National Menu of BMPs http://cfpub.epa.gov/npdes/stormwater/menuofbmps/me
nu.cfm
Storm Water Case Studies Grouped by MCM
Menu Includes Lists of BMPs for Each MCM
Deadlines to Apply Deadlines to Apply (Proposed)(Proposed)
Small MS4s within UAs: Within 180 Days of Permit Issuance
Designated MS4s: Within 180 Days of Written
Notification
Application ProcedureApplication Procedure Submit NOI and SWMP Submit NOI and SWMP Storm Water Staff Perform Review Storm Water Staff Perform Review
Notice of Deficiency for Incomplete ProgramsNotice of Deficiency for Incomplete Programs Public Notice Once Administratively CompletePublic Notice Once Administratively Complete
Public Comment PeriodPublic Comment Period Executive Director Will Consider Public Comments Executive Director Will Consider Public Comments Allows Public to Request Public MeetingAllows Public to Request Public Meeting
If Significant Interest, Commission May If Significant Interest, Commission May Require Public Meeting Require Public Meeting
Executive Director Will Approve or Deny Executive Director Will Approve or Deny ApplicationApplication
Status of TPDES General Permit
TXR040000
Proposed ChangesProposed Changes Clarify SWMP approval process
MS4 operator will not be required to implement SWMP until receiving written approval from the TCEQ
TCEQ may require changes to the SWMP as part of the approval process
TCEQ approval of the SWMP is a determination that SWMP meets the MEP standard
Include additional non-storm water discharges TPDES Multi Sector General Permit (MSGP) for
industrial activities TPDES Construction General Permit (CGP)
Proposed Changes Proposed Changes (cont.)(cont.)
Add “force majeure” provision Permittee has the right to assert a force majeure (act of
God, war, strike, riot, or other catastrophe) defense under 30 TAC § 70.7, when an event occurs that is otherwise a violation of a permit.
Add provision allowing changes to BMPs
Clarify SWMP responsibility for MS4 operators without authority to develop ordinances or implement enforcement actions i.e. counties, transportation authorities, and special districts
Revise permit year and annual report due date
Noteworthy ItemsNoteworthy Items Endangered species
Water quality protection
Definition of “outfall”
Reference to “surface water in the state” versus “waters of the U.S.”
Outfall mapping requirement in illicit discharge detection and elimination MCM
Designation criteria by which TCEQ could regulate additional MS4s
Noteworthy Items (cont.)Noteworthy Items (cont.) Requiring third party compliance
Non-traditional MS4s with varying enforcement e.g., counties, TxDOT, MUDs, irrigation districts,
universities
Clarification of “very discrete systems,” which would not be regulated under permit e.g. office buildings and ISDs
TCEQ Review Period for SWMP
Public Participation requirements public notice of NOI possible public meeting
Proposed Requirements Proposed Requirements Beyond Federal RegulationsBeyond Federal Regulations
TCEQ determined certain additional requirements necessary to show compliance with the SWMP
Includes the following proposed requirements:
List groups considered for Public Education/Outreach, and document those not considered.
List source(s) of information used to develop outfall map
List construction site notices and NOIs
Pollution Prevention/Good Housekeeping for Municipal Operations - maintain structural controls, dispose of waste associated with the maintenance of controls, and listing all municipal operations subject to permitting.
TCEQ Web LinksTCEQ Web Links
Storm Water Home Page: http://www.tceq.state.tx.us/nav/permits/sw_permit
s.html
Small Business and Local Government Assistance:
www.sblga.info Link to “Assistance Tools for Storm Water
Permitting”
For Additional For Additional InformationInformation
Patricia Foran, Environmental Permit Specialist [email protected] (512) 239-5099
Cindy Hooper, Environmental Permit Specialist [email protected] (512) 239-4524
David Waterstreet, Team Leader, Storm Water & Pretreatment Team [email protected] (512) 239-2495