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.

pdf

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 pforan@tceq.state.tx.us (512) 239-5099

Cindy Hooper, Environmental Permit Specialist chooper@tceq.state.tx.us (512) 239-4524

David Waterstreet, Team Leader, Storm Water & Pretreatment Team dwaterst@tceq.state.tx.us (512) 239-2495