Stormwater Regulations

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Stormwater Regulations
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Brief History

• 1972 Clean Water Act (CWA)
• 1973 EPA promulgates first storm water
  regulations
• 1987 Amendments to CWA required phased
  implementation strategy for NPDES (National Point
  Discharge Elimination System) Stormwater
  Management Program

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Brief History (continued)

• 1990 Phase I of the Storm Water Regulations
• 1999 Phase II of the Storm Water Regulations,
  Final Rule
• 12/9/02 EPA issued Phase II General Permits
• January 8, 2003 NYS DEC issued Stormwater Phase
  II General Permits
• March 10, 2003 MS4 Notice of Intents due

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Phase I

• NYS is NPDES-delegated state ? established the
  SPDES (State Point Discharge Elimination System)
  program
• Phase I addressed
• Facilities permitted before 1987
• Certain Industrial Activities
• Medium and Large Municipalities (population gt
  100,000)
• Construction Activities gt 5 acres

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Phase II

• Operators of regulated Small Municipal Separate
  Storm Sewer Systems (MS4s)
• any MS4s that are not already designated and
  regulated as large or medium under Phase I must
  obtain NPDES permit
• Operators of MS4s must develop plans for
  management of storm water
• Construction activities disturbing 1 - 5 acres
  added to regulations
• require permits
• cannot cause or contribute to violation of water
  quality standards

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MS4s
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MS4 Municipal Separate Storm Sewer System

• Definition system owned by a State, City, Town,
  Village, or other public entity that discharges
  to the Waters of the United States and is
• designed or used to collect or convey stormwater
  (includes gutters, pipes, ditches)
• not a combined sewer
• not part of a municipal sewage treatment plant

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Designation Criteria

• 123.35(b)(1)(ii) - EPAs recommends a balanced
  consideration of the following designation
  criteria on a watershed or local basis
• Discharges to sensitive waters
• High growth or growth potential
• High population density
• Contiguous to an urbanized area

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MS4s in NYS

• Regulated Small MS4s are
• located in an Urbanized Area and/or
• designated by DEC
• 44 cities, 183 villages, 141 towns in NYS
  urbanized areas
• Another 25 NYS municipalities potentially subject
  to permitting because gt10,000 population or
  gt1,000 people/sq. mile

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(No Transcript)
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Phase II in NYS

• January 8, 2003 DEC issued new Stormwater Phase
  II permits, including
• MS4 and construction permits
• MS4 designation criteria
• Notices of Intent (NOIs)
• March 10, 2003
• Regulated MS4s filed NOIs for their municipal
  programs
• Construction site operators had to file NOIs for
  construction activities gt 1 acre
• June, 2004 first year report with Storm Water
  Management Plan due
• March 2008 Phase II fully implemented
• If regulated, have 6 minimum measure programs
  operational

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Notice of Intent

• MS4s must
• prepare a stormwater management plan that
  addresses the 6 minimum measures
• file Notice of Intent (NOI)
• NOI outlines how MS4 will adopt appropriate
  measures to address stormwater within the MS4 area

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Six Minimum Control Measures

• Core of Phase II Program
• Storm Water Management Plans required by MS4s
  must have these as basis of program
• Some of minimum measures require local
  ordinances
• Erosion sediment control
• Illicit discharge detection and elimination

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Six Minimum Control Measures

• Public Education Outreach on Stormwater Impacts
• Public Involvement/Participation
• Illicit discharge detection elimination
• Construction site storm water runoff control
• Post-construction storm water management in new
  development and re-development
• Pollution prevention/Good housekeeping for
  municipal operators

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(1) Public Education Outreach

• Distribute information that describe the impacts
  of stormwater and actions to reduce pollution
• Inform the public of actions they can take to
  eliminate or reduce pollution from their
  properties
• Target specific groups, such as commercial,
  industrial, and residential areas
• Address viewpoints and concerns of all
  sub-communities, including business, minorities,
  developers

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(2) Public Involvement/ Participation

• Must comply with State Local public noticing
  requirements for ordinances, local laws, SEQRA,
  etc.
• Should involve the public in developing,
  implementing reviewing the MS4s stormwater
  management program
• Engage all ethnic economic groups
• Allow citizens to have meaningful input in the
  decision-making process
• Hold public hearings
• Work with volunteers

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(3) Illicit Discharge Detection Elimination
Requirements

• Develop maps that show the system of pipes
  outfalls to receiving waters areas of
  concentrated activities
• Prohibit illicit discharges into the system by
  ordinance or other means
• Implement a plan to detect address illicit
  discharges
• Inform the public as to the hazards
  consequences of illicit discharges

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(4) Construction Site Runoff Control

• Must develop, implement enforce a program to
  reduce pollution from construction activities by
  ordinance or other means
• Program must include
• Requirements for owners to implement BMPs
• Pre-construction review of plans
• Procedures to consider public input
• Inspections during construction
• Penalties to ensure compliance

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Construction Site Runoff Control (continued)

• Must develop a program to address stormwater
  runoff from new or redeveloped areas
• Program must
• Include a plans to implement site-appropriate,
  cost-effective structural non-structural BMPs
• Ensure long-term operation maintenance of BMPS
• Ensure controls are in place to prevent or
  minimize water quality impacts

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(6) Pollution Prevention/Good Housekeeping

• Must develop implement a cost effective
  operation and maintenance program to reduce
  pollutant runoff from municipal operations
• Must include employee training including
• Park and open space management
• Fleet maintenance
• Building maintenance
• Stormwater system maintenance

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Pollution Prevention/Good Housekeeping (continued)

• Must consider
• Maintenance activities and schedules
• Controls to reducing/eliminating pollutants from
  parking lots, storage areas waste transfer
  facilities
• Procedures for proper disposal of waste materials
  removed form storm drains
• Inspection procedures for controls to reduce
  floatables and other pollutants

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References

• New York State Stormwater Management Design
  Manual (NYS DEC, 2001)
• NYS Standards and Specifications for Erosion and
  Sediment Control

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Phase IISmall Construction Program
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Phase II Small Construction

• Applies to
• Activities ? 1 acre of disturbance
• Activities ? one acre if part of a common plan of
  development or sale which would disturb ? one
  acre
• Certain activities of ? one acre if designated by
  DEC based on water quality impacts

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Small Construction Permitting

• New Construction Permit will replace permit
  93-06, which is currently limited to ? 5 acres or
  more of disturbed area
• Transitional extension of Phase I general permit
  for construction activities expires August 1,
  2003
• Operators of construction activities that disturb
  ? one acre of land must obtain a SPDES permit
• If an NOI was not submitted before January 8,
  2003, the operator can either
• apply for an individual permit or
• seek coverage under this new General Permit by
  submitting a construction NOI
• All construction, regardless of acreage disturbed
  will be eligible for coverage under new permit

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Construction runoff overlap

• Note that construction site operators AND MS4s
  have some responsibility for construction site
  runoff and erosion control
• MS4s
• Municipal activities
• Erosion and sediment control ordinances
• Construction site operators
• File NOI
• Prepare implement Storm Water Management Plan
  with each project

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CCE Role
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CCE Role

• Public education and participation is required of
  all MS4s
• Construction permit applies to all NYS
  communities
• Many of those required to prepare or approve
  Storm Water Management Plans know very little
  about NPS pollution stormwater management

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Audiences

• Local government elected, appointed, staff
• need education
• need help with meeting Minimum Measures 1 and 2
• Developers
• Homebuyers
• General public
• Watershed organizations

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Local Government Needs

• Legislators
• Need to understand Phase II requirements,
  stormwater, and NPS
• Need to meet 6 minimum measures
• Highway need to manage
• Need to understand Phase II requirements,
  stormwater, and NPS
• Key to meeting 2 of 6 minimum measures
• Advisory boards
• Need to understand Phase II requirements,
  stormwater, and NPS
• Need to comply with Phase II when reviewing
  permits, etc.

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How to Involve CCE

• Participate in CWQCC meetings make your
  capacities known
• Participate in regional groups trying to
  collaborate on Phase II requirements
• Post Phase II information on your Web site
  events, links to other sites
• Go to MS4 board meetings with information about
  Phase II and how you can help

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What can CCE do?

• Plan a public participation program offer it to
  MS4s
• Workshops
• Surveys
• Hotline
• Inventory educational materials programs at
  your disposal offer to MS4s
• Organize a regional meeting of MS4s (if not
  already done) to help with collaboration
• Offer to post NOIs on your Web sites that helps
  with notification