Using the MS4 Program Evaluation Guide

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Using the MS4 Program Evaluation Guidance

Using the MS4 Program Evaluation Guide

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Overview of the guide

• The guide is intended to assist NPDES permitting authority staff to:

Assess the compliance and effectiveness of Phase I and Phase II MS4 programs

Develop Phase II MS4 stormwater management programs (SWMPs)

Assess pollutants of concern Provide technical assistance

Using the MS4 Program Evaluation Guide

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Self-Auditing

• The guide can also be a useful tool to MS4s to perform self-audits to:

Assess progress towards program goals Assess compliance with permit requirements Gather information for the budgeting process Assist in annual reporting Provide justification for additional resources such as

staffing or equipment Review of legal authorities

Using the MS4 Program Evaluation Guide

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Use of Guidance

• Many programmatic permit requirements are subjective and/or non-specific

• Inspectors will often have to use BPJ in order to determine if the programs and BMPs implemented are reducing pollutants to the maximum extent practicable (MEP)

• Guidance should be used as a reference in order to improve best professional judgment of the Inspector

Using the MS4 Program Evaluation Guide

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Guidance Goal

• The ultimate goal of the guidance is to assist inspectors in the consistent and objective assessment of various MS4 programs

• MS4s can vary based on many things such as:

Type (i.e. city vs. department of transportation) Size Geography Socio-economic factors Development pressures

Using the MS4 Program Evaluation Guide

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Organization of the Guide

• Background Information

• Steps to Conduct an Evaluation

Advance preparation

Conducting an evaluation

• Screening-level

• Detailed on-site

Post-evaluation activities

Using the MS4 Program Evaluation Guide

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SWMP Components Addressed in Guide

• Program management

• Public education and participation

• MS4 maintenance activities

• Construction activities

• Post-construction controls

• Industrial/commercial facilities

• Illicit discharge detection and elimination

Using the MS4 Program Evaluation Guide

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SWMP Component Sub-sections

Each sub-section includes:

• A description of regulatory requirements• Resources for more information• Common activities related to the SWMP component• Materials to review prior to the evaluation• Elements to address and questions to ask during the

evaluation• A description of any recommended in-field evaluation activities• Common issues identified during evaluations

Using the MS4 Program Evaluation Guide

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Appendix B – Program Evaluation Worksheets

Using the MS4 Program Evaluation Guide

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Appendix C – Field Inspection Worksheets

Using the MS4 Program Evaluation Guide

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Using Checklists

• Guidance provides various worksheets and checklists to assist the inspector during the office interviews and in the field

Not to be used as a compliance tool, just as a “tickler” to help the inspector remember key questions

Notes, checklists, and worksheets are helpful when writing the report and/or issuing an enforcement action

Using the MS4 Program Evaluation Guide

Example Worksheet

Using the MS4 Program Evaluation Guide

Example Worksheet

Using the MS4 Program Evaluation Guide

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Reviewing Annual Reports

• Prior to evaluating an MS4, it is advisable to review the most recent annual report from the permittee in order to:

Determine which components should be reviewed if a comprehensive evaluation is not possible

Become familiar with the SWMP Identify any “red flag” issues that may merit special attention

during the evaluation

• The Guide provides the inspector information useful in performing this review as well as a checklist

Using the MS4 Program Evaluation Guide

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Appendix D – Reviewing an Annual Report