Water Quality Regulatory Programs and Our Citywide EPA / DEQ Stormwater Permit. Public Works Engineering City Council Briefing June 7, 2016

Transcription

1 Water Quality Regulatory s and Our Citywide EPA / DEQ Stormwater Permit Public Works Engineering City Council Briefing June 7, 2016

2 Briefing Topics Introduction: Regulatory Overview Elements of the MS4 Plan Preliminary Cost Estimate of the MS4 Summary 2

3 Regulatory Overview There are many Stormwater and Surface Water Regulatory s There is an alphabet soup of acronyms associated with these programs E&S VSMP CBPA TMDLs VPDES MS4 3

4 Regulatory Overview Understanding & Managing the Regulations What are they trying to accomplish? Reduce pollution in stormwater Improve and preserve the water quality of our lakes, streams, and estuaries What do they require? Varies from regulation to regulation From technical requirements to land use practices to full programs Who do they regulate? Those undertaking land development/construction projects The City itself 4

5 Regulatory Overview 9VAC :51 of the Code of Virginia Virginia Erosion and Sediment Control (E&S) Prevent sediment from silting in our waterways during construction Temporary measures during construction Public and private projects 5

6 Regulatory Overview 9VAC :24-79 of the Code of Virginia Virginia Stormwater Management Regulations (VSMP) Reduce stormwater impacts associated with development Technical requirements to control stormwater quality and quantity Public and private projects 6

7 Regulatory Overview Chesapeake Bay Preservation Act (CBPA) 9VAC :67-79 of the Code of Virginia Protect the water quality of the Bay and it s tributaries Land use and performance standards Public and private projects Southern Rivers Watershed Management Ordinance has similar requirements 7

8 Regulatory Overview Virginia Erosion and Sediment Control (E&S) Virginia Stormwater Management Regulations (VSMP) Chesapeake Bay Preservation Act (CBPA) Regulate Public and Private Development 8

9 Regulatory Overview Total Maximum Daily Load (TMDL) Section 303 of the Clean Water Act requires states identify impaired waters State assesses impairments based on use designations and water quality standards A TMDL is a pollution diet for any pollutant causing impairment An Action Plan (AP) specifies the actions to meet the TMDL 9

10 Regulatory Overview TMDLs for Local Waters 18 Impaired local waterways in Virginia Beach 7 TMDLs have been issued Action Plans for all are required within 2 years City is responsible 10

11 Regulatory Overview Chesapeake Bay TMDL US EPA itself developed the Bay TMDL Pollution reductions of phosphorus, nitrogen, and sediment required Each of the six Bay states has a Watershed Implementation Plan (WIP) Each jurisdiction in Virginia is a part of the state WIP City is required to implement its part of the WIP through a City developed Action Plan 11

12 Regulatory Overview E&S - VSMP - CBPA Pertain primarily to public and private land development/construction activities Primary focus is on Stormwater Management (E & S and VSMP) and resource preservation (CBPA) Local TMDLs and Chesapeake Bay TMDL Directly regulate the City independent of construction activities Primary focus is the quality of state and federal water bodies 12

13 Regulatory Overview But wait! There s More! There s Section 402 of the Clean Water Act The National Pollutant Discharge Elimination System (NPDES) program Most Significant of All Directly Regulates the City Comprehensive 13

14 Regulatory Overview 1972 CWA Established the NPDES Permit Permit required to discharge pollutants to surface waters Original focus on industrial facilities and treatment plants 1987 Water Quality Act extended the NPDES permit requirement to Municipal Separate Storm Sewer Systems (MS4) MS4s are viewed as Pollution Discharge Systems Cuyahoga River Fire, Ohio 14

15 Regulatory Overview DEQ Administers the NPDES in Virginia with EPA oversight (VPDES) City MS4 has been permitted since 1993 City in final phase of negotiating the new MS4 permit Substantial new and expanded requirements remainder of briefing VPDES MS4 Permit requires compliance with other Regulatory s 15

16 Stormwater Regulatory Overview VPDES MS4 Permit Virginia Stormwater Management Water Quality TMDLs Erosion & Sediment Control Law Chesapeake Bay Preservation Act 16

17 Cost of Non-Compliance Examples of MS4 Violations VDOT Failed to identify known outfalls and no system map update Failed to send illicit discharge reports Inspected 11 active construction sites that all had violations No record of BMP inspections Good housekeeping violations at 9 maintenance yards $595,000 in projects, $36,000 in penalty, and prepare and implement a compliance plan Newport News Failed to monitor and control stormwater discharges from facilities and maintenance yards Failed to reduce pollutant discharges from MS4 system $115,000 penalty and Consent Order Chesterfield County Failed to implement and maintain BMPs Failed to operate in accordance with the County s Erosion and Sediment Control Ordinance $131,000 penalty and Consent Order Henrico County Failed to manage illicit discharges (one of the 6 MCMs) Failed to manage stormwater discharges from all MS4 properties $164,300 penalty and Consent Order 17

18 MS4 Compliance The failure to provide adequate program funding, staffing or equipment maintenance shall not be an acceptable explanation for failure to meet permit conditions. Excerpt from the draft permit 18

19 Permit Compliance #1 Goal Goals Promote a Quality Physical Environment by improving water quality Sustainability Goal 15: We will achieve and maintain high water quality to ensure public health, protection and propagation of aquatic life, and recreation in and on the water. Envision 2040: Unique Environment 19

20 Stormwater Permitting Regulatory Overview Elements of the MS4 Preliminary Cost Estimate of the MS4 Summary 20

21 Elements of the MS4 Administration and Reporting Stormwater Pollution Reduction MS4 Operational Requirements Infrastructure Data Management Public Outreach and Education 21

22 Elements of the MS4 Department Involvement Department Administration & Reporting Operational Requirements Stormwater Pollution Reduction Infrastructure Data Management Public Outreach and Education Public Works Public Utilities Planning Parks & Recreation Schools Fire City Attorney ComIT 22

23 Administration and Reporting VSMP Compliance Stormwater Pollution Reduction City Facility Management MS4 Plan Administration Implementation and Reporting Operation MS4 Administration and Reporting Annual Compliance Report Operational Requirements Staff Training Existing Element New or Expanded Element Pesticide, Herbicide, Infrastructure Data and Management Fertilizer Management Public Outreach VDOT and Coordination Education 23

24 Administration and Reporting Develop MS4 Plan Memorandums of Agreement will be signed between departments to clearly define roles and responsibilities MS4 Plan Implementation and Operation Approved by DEQ Develop a Training Plan Illicit Discharges Staff Training Good Housekeeping Spill Response Environmental Inspections Training / certification of City employees for pollution prevention, E&S, plan reviews and inspections 24

25 Administration and Reporting Extensive Annual Reporting Stormwater Management: Project Planning VSMP data Roadway water quality treatment Pesticide, Herbicide, and Fertilizer Application data Integrated Pest Management Plan data Illicit Discharge and Improper Disposal: Sanitary Sewer Inspection data Floatable litter reduction program data Household waste disposal program data Dry Weather Screening inspection and monitoring data Spill prevention and response records Industrial and High Risk Runoff inspection and monitoring data Stormwater Infrastructure Management: Asset data (pipes, inlets, outfalls, ditches, BMPs, pump stations) Inspection and maintenance data for assets City Facilities: Good Housekeeping High Priority Municipal Facilities (identification, industrial permitting and SWPPP preparation) Public Education and Participation: List of Public Outreach and Education Activities Summary of Voluntary Retrofits on private property Summary of Voluntary Stormwater Management Techniques Staff Training: Good Housekeeping Training Stormwater Pollution Prevention Plan Training for Municipal Facilities Illicit Discharge Training Water Quality Monitoring: Annual Compliance Report In-system monitoring data BMP monitoring data Structural and source control monitoring data 25

26 Administration and Reporting City Facility Management City has about 300 facilities that need to be evaluated regarding operations Good Housekeeping Component: Washing vehicles at a city facility that discharge to the stormwater system without pretreatment and a permit is prohibited City Facility Management High Priority Municipal Facilities = High potential of discharging pollutants Identify facilities that are classified as high priority Prepare a municipal facility SWPPP for each Inspect the facility regularly in accordance with the SWPPP Technical & Career Education Center Maintain on-site BMPs to prevent pollution 26

27 Stormwater Pollution Reduction Existing Element New or Expanded Element First Phase Chesapeake Bay TMDL Stormwater Action Plan Pollution Reduction Draft Second Phase Chesapeake Bay TMDL Action Plan Infrastructure Data Management Stormwater Management Administration Project and Planning Reporting Stormwater Pollution MS4 Reduction Private Property Voluntary Retrofits Retrofit Projects for Prior Developed Operational Land Requirements Local TMDL Action Plans Public Outreach and Education 27

28 Stormwater Pollution Reduction Chesapeake Bay TMDL Action Planning On December 29, 2010, US EPA established the Chesapeake Bay TMDL The TMDL is a Pollution Diet to restore clean water in the Chesapeake Bay Pollutants of Concern (POCs): nitrogen (N), phosphorus (P), and sediment (TSS) Permit Process: Develop and implement improvements over 3 permit terms or 3 Phases of Action Phase I = Achieve 5% of the total required reductions Phase II = Achieve 35% of the total required reductions Phase III = Achieve 60% of the total required reductions First Phase Chesapeake Bay TMDL Action Plan 28

29 Stormwater Pollution Reduction Chesapeake Bay TMDL Action Planning Determine total POC loads as of June 30, 2009 Add loads from development from 2009 to 2014 and all grandfathered projects Reduce the 2009 pollutant loads for the POCs (reductions range from 8%-20%) 3 permit cycles over 15 years Phases by 5yr Permit % Reduction Planning Level Cost First 5% $10 million Second 35% $75 million First Phase Chesapeake Bay TMDL Action Plan Planning Level Estimated Total Reductions P = 6000 lbs N = 30,000 lbs TSS = 2,500,000 lbs Third 60% $250 million Total 100% $335 million 29

30 Stormwater Pollution Reduction Local TMDLs by Watershed Local TMDL Action Plans Develop Local TMDL Action Plans within 2 years The City has 18 impaired waterbodies with TMDLs TMDLs for Bacteria and Phosphorus DEQs Nonpoint Source Pollution Management includes: Perform water quality monitoring Assess water quality standards for swimming and fishing Identify streams that are impaired Develop total maximum daily loads or TMDLs 30

31 Stormwater Pollution Reduction Stormwater Management and Retrofit Projects Complete 5 retrofit projects within the first permit term. Plan projects to meet multiple objectives to address water bodies with issued TMDLs Retrofit Projects for Prior Developed Land Completed retrofit projects: Alanton Elementary (2.4 lbs P) Mill Dam Creek Stream Restoration Pre-Construction Lynnhaven Middle (3.5 lbs P) Bow Creek BMP expansion (39 lbs P) Thalia Creek Retrofits (Princess Anne High School & Pembroke Elementary School) (5.7 lbs P) Pembroke Elementary Bioretention Mill Dam Creek Stream Restoration (80 lbs P) Princess Anne HS Permeable Pavers 31

32 Stormwater Pollution Reduction Stormwater Management and Retrofit Projects Identify Potential Planned Projects within first year Strategy: Identify projects with largest phosphorus removal and lowest cost per pound of phosphorus removal Retrofit Projects for Prior Developed Land Kemps Lake Retrofit (300 lbs P) Chatham Hall Pond Retrofit (75 lbs P) Pembroke Lakes Retrofit (430 lbs P) 32

33 Operational Requirements Stormwater Infrastructure Maintenance Private SWMF Inspection and Enforcement Existing Element New or Expanded Element Stormwater Infrastructure Inspection Stormwater Pollution Reduction Inspections Sanitary Sewer Inspection Infrastructure Data Management Illicit Discharges and Improper Disposal Administration and Reporting MS4 Industrial & High Risk Runoff Floatable Litter Reduction VPDES Industrial Stormwater Oversight Operational Requirements Monitoring Water Quality Monitoring Public Outreach and Education Spill Prevention and Response 33

34 Operational Requirements - Inspections Stormwater Infrastructure Inspection and Maintenance s Stormwater Infrastructure Inspection All City owned and operated SWMFs must be inspected annually Adequately maintain every City owned and operated SWMF Inspect no less than 15% of the storm sewer system annually (inlets, pipes, ditches, outfalls) Perform necessary maintenance based on inspections 34

35 Operational Requirements - Inspections Private SWMF Inspection and Enforcement Inspect private SWMFs once every 5 years Implement a program to ensure private SWMFs with maintenance agreements are maintained properly Implement a program to ensure privately maintained SWM facilities without maintenance agreements are maintained Private SWMF Inspection and Enforcement Implement a strategy to promote Individual Residential Lot SWMFs are maintained 35

36 Operational Requirements - Inspections Illicit Discharges and Improper Disposal Dry Weather Screening Inspection of 50 stations each year for illicit discharges Perform sampling and testing if illicit discharges are detected and locate the source Illicit Discharges and Improper Disposal Related s Sanitary Sewer Inspection Promote programs to collect used motor vehicle fluids and household hazardous waste materials Prohibit dumping or disposal of used motor vehicle fluids, household hazardous wastes, sanitary sewage, grass clippings, leaf litter and animal waste into the MS4 36

37 Operational Requirements Monitoring VPDES Industrial Stormwater Oversight Requires the City to obtain a list all VPDES industrial stormwater permits 35 estimated Requires inspection of all permitted outfalls Review Discharge Monitoring Reports (DMRs) Perform additional monitoring as necessary downstream of outfalls Maintain list of all known industrial and high risk stormwater dischargers that are NOT regulated (repair shops, body shops, auto detailers, tire repair shops, and service stations) Report any non-vpdes permitted industrial facilities with significant pollutant discharge to DEQ Provide a list of referrals of possible non-compliance to DEQ annually VPDES Industrial Stormwater Oversight 37

38 Operational Requirements Monitoring Floatable Litter Reduction Floatable Litter Reduction source Develop and Implement a Selection of monitoring sites Monitoring and measurement of floatables Procedures to reduce floatables Procedures to determine floatable reduction program effectiveness 38

39 Operational Requirements Monitoring Water Quality Monitoring In-System Monitoring: Characterize stormwater and identify pollutants BMP Monitoring: Collect data to measure the effectiveness of various BMPs Compliance Monitoring and Tracking Federal standards for data Annual reporting and record keeping requirements Water Quality Monitoring 39

40 Infrastructure Data Management Inventory Maintenance Administration of the and Stormwater Reporting System Stormwater Pollution Outfall Reduction and Drainage Area Mapping Infrastructure MS4 Data Management Operational Requirements Inventory Maintenance of the Roadway System Existing Element New or Expanded Element Infrastructure Data Management Land Use Data Management (Impervious & Pervious) Public Outreach and Education 40

41 Infrastructure Data Management Inventory & Maintenance of the Stormwater System Inlets & Manholes 48,000 each Pipes 1200 miles Outfalls 5000 each Ditches 610 miles Pump Stations 15 each SWMFs 3600 each Identify it Map it Inspect it Maintain it Inventory Maintenance of the Stormwater System 41

42 Infrastructure Data Management Outfall and Drainage Area Mapping Drainage Area Mapping Large-scale GIS Effort Determine areas of impervious, pervious, and total acres served by the MS4 Determine areas of impervious, pervious, and total acres treated by BMPs Determine areas of roadways treated and not treated by BMPs 42

43 Public Outreach and Education Individual Administration Residential and SWMF Reporting Stormwater Pollution Reduction Public Education s Public Outreach MS4 and Education Operational Requirements Household Waste disposal Existing Element New or Expanded Element Infrastructure Data Management Golf Course Outreach Public Outreach and Education 43

44 Public Education s Public Outreach and Education Provide additional public education opportunities through City programs Continue our Regional Water Quality Partnership with the Hampton Roads Planning District Commission Individual Residential SWMF Encourage and track new voluntary retrofits and techniques Golf Course Outreach Develop an outreach program for public and private courses to reduce runoff of fertilizer and pesticides Local TMDL Action Plans Golf Course Outreach Individual Residential SWMF Component to action plan implementation 44

45 Public Outreach and Education Expanded Reporting Expanded Activity Reporting Document all public outreach and education activities and the estimated number of individuals reached at each Evaluate program effectiveness with recommended modifications annually New Voluntary Projects Summarize all voluntary retrofits completed on private property used to demonstrate pollutant reduction requirements (must be tracked and reported) Summarize all voluntary stormwater management techniques encouraged on private property Public Education s Expanded Web Site Development for Public Outreach 45

46 Stormwater Permitting Regulatory Overview Elements of the MS4 Preliminary Cost Estimate of the MS4 Summary 46

47 Preliminary Cost Estimate of the MS4 Water Quality Flood Control Operations & Maintenance Cost Estimate Development FY17 Develop program plan and roles and responsibilities Schedule compliance plan Develop budget proposal for FY18 47

48 Preliminary Cost Estimate of the MS4 $2M-$3M $1M-$1.5M Administration and Reporting Ballpark Planning Level Estimate $8M-$12M Stormwater Pollution Reduction MS4 Operational Requirements $4M-$5.5M $0.5M-$1M Infrastructure Data Management Public Outreach and Education $0.5M-$1M 48

49 Summary The MS4 permit is federally mandated under the CWA administered by DEQ and closely monitored by EPA It is the most comprehensive of the various stormwater and surface water regulatory programs Compliance with the other stormwater and surface water regulatory programs is a condition of compliance under the MS4 permit The analysis to estimate the costs for compliance are ongoing and will be addressed in future budgets Virginia Beach will be audited by EPA/DEQ Our City Goal is Permit Compliance 49

50 Discussion 50