Storm Water: Federal Enforcement and Compliance for Phase II MS4.

Storm Water:Storm Water:Federal Enforcement Federal Enforcement and Compliance for and Compliance for

Phase II MS4Phase II MS4

Cynthia SansCynthia SansWWPD/WENFWWPD/WENFEPA Region VIIEPA Region VII913-551-7492913-551-7492

The Environmental Impacts The Environmental Impacts of Storm Waterof Storm Water

Regulatory Framework for Regulatory Framework for Municipal StormwaterMunicipal Stormwater

Phase I MS4Phase I MS4

Phase I Stormwater Regulations were final Phase I Stormwater Regulations were final in December, 1990.in December, 1990.

Phase I covers Medium >100,000 and Phase I covers Medium >100,000 and Large > 250,000 MS4s.Large > 250,000 MS4s.

Most Phase I communities have individual Most Phase I communities have individual permits.permits.

Phase II MS4 Phase II MS4

Phase II stormwater regulations were final Phase II stormwater regulations were final in December 1999.in December 1999.

Phase II covers small MS4s (basically Phase II covers small MS4s (basically >10,000 or in an urban area.>10,000 or in an urban area.

Most Phase II communities have general Most Phase II communities have general permits.permits.

Phase II Stormwater ProgramPhase II Stormwater Program Small Municipal Separate Storm Sewer Small Municipal Separate Storm Sewer

Systems (MS4s) must:Systems (MS4s) must: Obtain NPDES permit coverageObtain NPDES permit coverage Develop a Storm Water Management Plan (SWMP) Develop a Storm Water Management Plan (SWMP)

which covers the six minimum control measureswhich covers the six minimum control measures Implement the SWMPImplement the SWMP Develop measurable goals for the programDevelop measurable goals for the program Evaluate the effectiveness of the programEvaluate the effectiveness of the program Fully implement their program within the first permit Fully implement their program within the first permit

cycle (first 5 years).cycle (first 5 years).

EPA’s RoleEPA’s Role

The EPA’s Office of Enforcement and The EPA’s Office of Enforcement and Compliance Assurance (OECA) Compliance Assurance (OECA) designated storm water as a national designated storm water as a national priority area in 1999.priority area in 1999.

Storm water will continue to be a national Storm water will continue to be a national priority at least through fiscal year 2010.priority at least through fiscal year 2010.

EPA’s Relationship to State EPA’s Relationship to State ProgramsPrograms

The Clean Water Act (CWA), Section 402 The Clean Water Act (CWA), Section 402 mandates that EPA retain oversight over mandates that EPA retain oversight over authorized State NPDES programs.authorized State NPDES programs. Including Storm water programsIncluding Storm water programs

In addition, EPA retains independent In addition, EPA retains independent enforcement authority of regulated enforcement authority of regulated facilities (CWA Section 309). facilities (CWA Section 309).

What Do I Need to Achieve?What Do I Need to Achieve?

Maximum Extent PracticableMaximum Extent Practicable (MEP) is (MEP) is the statutory standard that establishes the the statutory standard that establishes the level of pollutant reductions that operators level of pollutant reductions that operators of regulated MS4s must achieve.of regulated MS4s must achieve.

This is not necessarily a numeric limit.This is not necessarily a numeric limit.

What Do I Need to Achieve?What Do I Need to Achieve?

MEP must be driven by the objective of MEP must be driven by the objective of assuring maintenance of assuring maintenance of water quality water quality standards :standards : maintenance ofmaintenance of beneficial uses beneficial uses compliance withcompliance with Total Maximum Daily Load. Total Maximum Daily Load.

Measurable GoalsMeasurable Goals

““Measurable goalsMeasurable goals” are the measuring ” are the measuring stick in this program.stick in this program.

Intended to gauge permit compliance and Intended to gauge permit compliance and program effectiveness.program effectiveness.

Measurable GoalsMeasurable Goals

Examples:Examples: ““Reduce by 30% the road surface areas directly Reduce by 30% the road surface areas directly

connected to MS4 in new developments and connected to MS4 in new developments and redevelopment projects over the course of the redevelopment projects over the course of the 11stst permit cycle.” permit cycle.”

““Inspect all construction projects twice per Inspect all construction projects twice per month.”month.”

““Measure the linear feet of curb and gutter that Measure the linear feet of curb and gutter that WERE NOT installed in development projects.”WERE NOT installed in development projects.”

““Inspect all catch basins annually.”Inspect all catch basins annually.”

EPA Audit: What To EPA Audit: What To ExpectExpect

Looking at Compliance with Six Looking at Compliance with Six Minimum Control Measures:Minimum Control Measures:

Public Education and OutreachPublic Education and Outreach Public Participation/InvolvementPublic Participation/Involvement Illicit Discharge Detection and EliminationIllicit Discharge Detection and Elimination Construction Site Runoff ControlConstruction Site Runoff Control Post-Construction Runoff ControlPost-Construction Runoff Control Pollution Prevention/Good HousekeepingPollution Prevention/Good Housekeeping

EPA AuditEPA Audit

1or 2 EPA auditors or 1 or 2 contractors or 1or 2 EPA auditors or 1 or 2 contractors or a combination of both.a combination of both.

EPA invites state to accompany.EPA invites state to accompany. 1-3 day audit depending on the size of the 1-3 day audit depending on the size of the

community/program or type of audit.community/program or type of audit. Looking at compliance with all permit Looking at compliance with all permit

requirements.requirements.

EPA AuditEPA Audit

Advance notice (usually)Advance notice (usually) Request for documents to review prior to Request for documents to review prior to

audit, such as:audit, such as: SWMPSWMP Annual Report(s)Annual Report(s) Correspondence with permitting authorityCorrespondence with permitting authority Permit modification (individual permit)Permit modification (individual permit) Legal AuthorityLegal Authority

Audit ComponentsAudit Components

Opening ConferenceOpening Conference In Office Records ReviewIn Office Records Review Staff InterviewsStaff Interviews Field InspectionsField Inspections Exit InterviewExit Interview

Opening ConferenceOpening Conference

Opportunity for City Staff and Auditors to Opportunity for City Staff and Auditors to meet each other.meet each other.

Review Agenda and make revisions as Review Agenda and make revisions as necessary.necessary.

Obtain additional information that was Obtain additional information that was requested.requested.

Records Review Example: Records Review Example: Construction RunoffConstruction Runoff

DocumentationDocumentation What to Look ForWhat to Look For

Local OrdinancnesLocal Ordinancnes One or more of the following ordinances:One or more of the following ordinances:

Grading ordinance, Erosion control ordinance, Storm Grading ordinance, Erosion control ordinance, Storm water ordinance, Landscaping ordinancewater ordinance, Landscaping ordinance

Design standard, BMP Design standard, BMP guidance manuals, and guidance manuals, and fact sheetsfact sheets

These can be state or local standards or taken from a These can be state or local standards or taken from a non-regulatory source.non-regulatory source.

Inspection reportsInspection reports Review reports to determine if inspections are thorough Review reports to determine if inspections are thorough and adequately documented. Also can determine if and adequately documented. Also can determine if follow-up enforcement is occurring. Where possible, follow-up enforcement is occurring. Where possible, review reports for sites to be visited during the inspectionreview reports for sites to be visited during the inspection

Construction plan Construction plan reviewed and approved reviewed and approved by the permitteeby the permittee

Review plans to ensure that they meet the permittee Review plans to ensure that they meet the permittee standards. Where possible, review plans for sites that will standards. Where possible, review plans for sites that will be visited during the inspectionbe visited during the inspection

Enforcement escalation Enforcement escalation planplan

Is the enforcement process documented?Is the enforcement process documented?

Are roles and responsibilities of individuals or Are roles and responsibilities of individuals or departments clearly defined.departments clearly defined.

Records Review Example:Records Review Example:Illicit Discharge ProgramIllicit Discharge Program

Inspection proceduresInspection procedures Inspection logs for illicit dischargesInspection logs for illicit discharges Illicit discharge training recordsIllicit discharge training records Spill/illicit discharge tracking sheetsSpill/illicit discharge tracking sheets Spill response proceduresSpill response procedures Spill response training recordsSpill response training records Sampling of dry weather dischargesSampling of dry weather discharges

Other Important SWMP RecordsOther Important SWMP Records

Storm sewer system mappingStorm sewer system mapping Comprehensive master plan Comprehensive master plan Watershed plans/monitoringWatershed plans/monitoring Resources/budgetsResources/budgets Capital improvement projectsCapital improvement projects

Staff Interviews: PurposeStaff Interviews: Purpose

Staff interviews to collect program Staff interviews to collect program background and current informationbackground and current information

To gain an overview of program and better To gain an overview of program and better direct the inspection focusdirect the inspection focus

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What StaffWhat Staff

MS4 management/operatorMS4 management/operator MS4 technical personnelMS4 technical personnel Contractor support (if applicable)Contractor support (if applicable) Other agencies that may be responsible Other agencies that may be responsible

for program implementation (e.g., flood for program implementation (e.g., flood control district, conservation district)control district, conservation district)

Staff Interviews Example: Staff Interviews Example: Good HousekeepingGood Housekeeping

Storm Sewer Cleaning [Section III.A.2.c] Describe the inspection and maintenance of storm sewers. Does the City have written procedures for cleaning storm

sewers?How often are they inspected? How often are they cleaned?

What is done with the debris/trash which is cleaned up from the storm sewers?

Catch Basins/Storm Inlets [Section III.A.2.c] Does the City have an inventory of catch basins? How many catch basins does the City currently have? Describe the inspection and maintenance activities for storm

inlets and catch basins. Does the City have written procedures for cleaning catch

basins/storm inlets?How often are they inspected? How often are they cleaned?

What is done with the debris/trash which is cleaned up from the catch basins/storm inlets?

Field InspectionsField Inspections

Auditors will observe City Staff performing Auditors will observe City Staff performing inspections:inspections: ConstructionConstruction Post ConstructionPost Construction IDDEIDDE Fleet YardFleet Yard Salt Storage AreaSalt Storage Area

Purpose of Field InspectionsPurpose of Field Inspections

Observe City Inspection ProceduresObserve City Inspection Procedures Are City Staff Trained?Are City Staff Trained? Are they thorough?Are they thorough? Do they have a SOP?Do they have a SOP? Do they have a checklist?Do they have a checklist? Do they have follow-up procedures?Do they have follow-up procedures?

Exit InterviewExit Interview

Discuss preliminary findings.Discuss preliminary findings. Ask and Answer Questions.Ask and Answer Questions. Request Additional Information if Request Additional Information if

Necessary.Necessary. * Community will receive a copy of the * Community will receive a copy of the

audit report as soon as it is final.audit report as soon as it is final.

Violations Have Been Violations Have Been Identified. What Next?Identified. What Next?

Administrative Compliance OrderAdministrative Compliance Order

In the context of a Traditional CaseIn the context of a Traditional Case Specific requirements to comply Specific requirements to comply

ie..submissions/review ie..submissions/review Follow the directions within the OrderFollow the directions within the Order

CWA CWA § 309 authorizes § 309 authorizes administrativeadministrative penalties of up to penalties of up to $37,500 per day per violation, not $37,500 per day per violation, not to exceed $177,500to exceed $177,500

Traditional Administrative Traditional Administrative PenaltiesPenalties

Civil Judicial CasesCivil Judicial Cases

Usually exceed our Administrative Penalty Usually exceed our Administrative Penalty Authority of $177,500.Authority of $177,500.

These are generally cases with several These are generally cases with several violations over a long period of time.violations over a long period of time.

These cases are handled jointly by EPA These cases are handled jointly by EPA and US DOJ.and US DOJ.

So What Should I Do So What Should I Do Now?Now?

What It Boils Down ToWhat It Boils Down To

Read your permit.Read your permit. Understand its requirements.Understand its requirements. Educate yourself using resources available.Educate yourself using resources available. Develop appropriate and thorough SWMPDevelop appropriate and thorough SWMP Implement your plan.Implement your plan. Evaluate your program’s effectiveness.Evaluate your program’s effectiveness. Revise your plan as necessary.Revise your plan as necessary. Document your activities.Document your activities.

Bottom LineBottom Line

Implement BMPs that are protective and Implement BMPs that are protective and meet MEP.meet MEP.

Plan should allow you to meet water Plan should allow you to meet water quality standards and TMDLs.quality standards and TMDLs.

ResourcesResources USE EPA’s WEBSITE: USE EPA’s WEBSITE: www.epa.gov/water/stormwaterwww.epa.gov/water/stormwater http://cfpub.epa.gov/npdeshttp://cfpub.epa.gov/npdes Information available regarding:Information available regarding:

Permitting information for Phases I & IIPermitting information for Phases I & II Fact Sheet SeriesFact Sheet Series Guidance ManualsGuidance Manuals SWMP guidanceSWMP guidance Extensive BMP informationExtensive BMP information Webcast SeriesWebcast Series

WWW.EPA.GOV/NPDES/WEBCASTS/POSTCONSTRUCTION101WWW.EPA.GOV/NPDES/WEBCASTS/POSTCONSTRUCTION101