Overview of the 2016 Small Municipal Separate Storm Sewer System (MS4) Permit

Transcription

1 Overview of the 2016 Small Municipal Separate Storm Sewer System (MS4) Permit

2 Outline Regulatory Context and MS4 Permit Status 2016 MS4 Permit Requirements NOI, SWMP, Annual Reports Minimum Control Measures (MCMs) Water Quality-Based Requirements Preparing for the First Two Years

3 Regulatory Context & 2016 MS4 Permit Status

4 Why regulate stormwater discharges?

5 Water Quality Impairments

6 Stormwater TMDLs for Massachusetts Bacteria and Pathogen TMDLs Charles River Phosphorus TMDLs Lake and Pond Phosphorus TMDLs Cape Cod Nitrogen TMDLs Assabet River Phosphorus TMDLs Long Island Sound Nitrogen TMDL Phosphorus and Metals TMDLs for Rhode Island Waters

7 Regulatory Context Direct Discharge Permits 10% CAFO 3% Stormwater Phase II 35% Stormwater Phase I 52% NPDES Permitted Universe

8 Status of 2016 MS4 Permit 2003 MS4 Permit remains in effect until new permit becomes effective 2016 MS4 Permit co-issued with MassDEP April 2016 Original effective date was July 1, 2017 EPA issued a one-year delay; New effective date July 1, 2018 Permit period is 5 years Current effective date is July 1, 2018 NOI due October 1, 2018

9 Regulated Communities 260 Urbanized Cities and Towns

10 Non-Traditional MS4s Hospitals Military bases Correctional centers Public colleges and universities State parks

11 Transportation MS4s MS4s owned or operated by state or federal transportation agency Excludes MassDOT Highway Division, which will be covered under separate permit

12 2016 MS4 Permit Requirements

13 Notice of Intent (NOI) Permittee s request to be covered under the 2016 MS4 Permit Due to EPA within 90 days of effective date (October 1, 2018) Includes: Receiving and impaired waters, number of outfalls to each Existing system map (hardcopy or electronic) Status of existing ordinance/regulations per 2003 MS4 Permit Statement regarding endangered species and historic properties Preliminary best management practices (BMPs), measurable goals, and responsible parties EPA will post for 30-day public review period, then grant authorization

14 NOI Template in Appendix E

15 Stormwater Management Program (SWMP) The permittee will use the SWMP document to describe and detail the activities and measures that will be implemented to meet the terms and conditions of the permit. Complete within 1 year (June 30, 2019) Includes: All info from NOI Additional details on BMPs being implemented or planned Written procedures, plans, and reports as developed Retain a copy at the office/facility and post online Living document, update annually

16 Annual Reports Document activities during the previous year in compliance with permit terms and conditions Due 90 days after close of each reporting period (September 29 th ) Annual reporting period = July 1 through June 30 First annual report will cover 14-month period from May 1, 2018 through June 30, 2019 Includes: Self-assessment review of compliance with permit terms and conditions Assessment of the appropriateness of the selected BMPs Status of BMPs, progress toward meeting measurable goals Planned activities for next reporting period Attach written plans, maps, and data as developed

17 Minimum Control Measures MCM 1: Public Education and Outreach MCM 6: Good Housekeeping MCM 2: Public Involvement MCM 5: Post-Construction Site Runoff Control MCM 3: Illicit Discharge Detection Elimination MCM 4: Construction Site Runoff Control

18 MCM 1. Public Education and Outreach Increase knowledge and influence public s behavior to reduce pollutants in stormwater Develop an educational program that defines: Educational goals Specific messages for each target audience Responsible parties for program implementation Methods to assess effectiveness of educational messages Minimum of 2 specific messages to each target audience: Residents Businesses, institutions, and commercial facilities Developers and construction Industrial facilities

19 What Types of Messages? Media Brochures/Pamphlets s Website Displays Public service announcement Stormwater workshops Newspaper articles, press release School curriculum, programs Special events, festivals, fairs Videos Topics Lawn care Automotive work/car washing Disposal of pet waste Septic system maintenance On-site infiltration practices Use/Storage of deicing salt Sediment and erosion control LID, green infrastructure Dumpster management Materials storage Parking lot sweeping

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21 MCM 1 Timeline for Existing Permittees Time from Permit Effective Date Requirement 1 year 2 year 3 year 4 year 5 year Develop public education and outreach plan Distribute public messages

22 MCM 2. Public Involvement Provide opportunities to engage the public in review and implementation of the Stormwater Management Program Make SWMP and annual reports available to the public for review Annually provide opportunities for public to participate in SWMP implementation

23 Ideas for Public Involvement Adopt-a-Drain program Catch basin stenciling Litter cleanups Hotline/Webline for reporting problems, violations Household hazardous waste/used oil collection Partnerships with advocacy groups Stormwater workshops Public surveys about opinions, behaviors Stormwater committee/task force U.S. Army Corps. Of Engineers via Flickr

24 MCM 2 Timeline for Existing Permittees Time from Permit Effective Date Requirement 1 year 2 year 3 year 4 year 5 year Develop public involvement plan Post SWMP for public review Provide annual opportunities for public involvement

25 MCM 3. Illicit Discharge Detection & Elimination (IDDE) Prevent, find & eliminate sources of non-stormwater discharges Legal authority (e.g. bylaw) prohibiting illicit discharges Written IDDE Program & procedures Drainage system map Inventory and rank outfalls & interconnections Document Sanitary Sewer Overflows (SSOs) Dry & wet-weather screening Catchment investigations

26 IDDE Schedule

27 MCM 4. Construction Site Stormwater Runoff Control Minimize or eliminate erosion & maintain sediment on site so that sediment is not transported through the MS4 to a receiving water Adopt ordinance or regulatory mechanism requiring: Erosion & sediment control on construction sites, and Controls for other construction wastes such as demolition debris, truck wash out, chemicals, litter, & sanitary wastes Applicable to construction activities resulting in land disturbance > 1 acre

28 MCM 4. Construction Site Stormwater Runoff Control More Requirements Written procedures for site inspections and enforcement of erosion & sediment control Written procedures for site plan review and inspections and enforcement Pre-construction review Must evaluate opportunities for low impact development (LID) & green infrastructure Inspections during & after construction of BMPs Track number of site reviews, inspections and enforcement actions. Report annually.

29 MCM 4 Timeline for Existing Permittees Time from Permit Effective Date Requirement 1 year 2 year 3 year 4 year 5 year Bylaw requiring erosion & sediment control, construction waste management Written procedures for site inspections & enforcement Written procedures for site plan review, inspections & enforcement Track reviews, inspections & enforcement actions. Report annually. Required under 2003 Permit

30 MCM 5. Stormwater Management in New Development and Redevelopment Reduce discharge of pollutants through post-construction stormwater retention and treatment on new or redevelopment sites Adopt ordinance or regulatory mechanism that requires: Use of LID strategies Treatment & infiltration practices designed per Massachusetts Stormwater Handbook Volume 2 Submission of as-built plans Long-term O&M of structural BMPs Conformance with Massachusetts Stormwater Standards, except #4 Water Quality More stringent pollutant removal standards

31 MA Stormwater Standards Currently triggered by: Work within a jurisdictional area under Massachusetts Wetlands Protection Act (WPA) Some local bylaws/regulations Under 2016 MS4 permit: All projects disturbing > 1 acre must comply with MA Stormwater Standards 1, 2, 3, 5, & 6. For redevelopment, to maximum extent practicable Standard 1 Standard 2 Standard 3 Standard 4 Standard 5 Standard 6 Standard 7 Standard 8 Standard 9 Standard 10 No Untreated Discharges Peak Rate Control Groundwater Recharge Water Quality LUHPPLs Water supply protection Redevelopment Construction period Long Term O&M Illicit Discharges

32 Stormwater Treatment Requirements for New and Redevelopment Projects New Development Retain the first 1 inch of runoff from impervious area on site AND/OR Design treatment to remove 90% TSS and 60% TP average annual load generated from the impervious area on site TSS = Total Suspended Solids TP = Total Phosphorus Redevelopment Retain the first 0.8 inch of runoff from impervious area on site AND/OR Design treatment to remove 80% TSS and 50% TP average annual load from the impervious area on site Can use offsite mitigation to meet above within the same USGS HUC10 watershed

33 Applicability of Stormwater Management Regulations Applicable to projects that discharge to the MS4 with land disturbance > 1 acre Public Roadway Projects Redevelopment: roadway widening or improvements that increase impervious area by greater than or equal to a single lane width Exempt: Maintenance and improvement of existing roadways, including widening less than a single lane, adding shoulders, repaving, correcting substandard intersections, improving existing drainage systems. Must improve existing conditions where feasible

34 MCM 5. Stormwater Management in New Development and Redevelopment More Requirements Assess street design & parking lot guidelines affecting creation of impervious cover Changes that could support LID options? Evaluate whether local regulations allow green infrastructure If not allowed, recommend changes Identify 5 permittee-owned properties for stormwater retrofits Track and report on MS4 and non-ms4 retrofits

35 MCM 5 Timeline for Existing Permittees Time from Permit Effective Date Requirement 1 year 2 year 3 year 4 year 5 year Bylaw/regulations requiring post-construction stormwater management Written procedures requiring asbuilt drawings & long term O&M Report assessing street design & parking lot guidelines Report assessing local regs for feasibility of green infrastructure Identify 5 permittee-owned properties for retrofit

36 MCM 6. Good Housekeeping & Pollution Prevention for Permittee-Owned Operations Implement O&M program for permittee operations to prevent or reduce pollutant runoff from permittee-owned facilities Inventory and O&M procedures for permittee-owned facilities Written program for O&M of MS4 infrastructure Stormwater Pollution Prevention Plans (SWPPPs) Catch basin inspections, cleaning Street sweeping Inspection and maintenance on permitteeowned stormwater treatment systems

37 Facility Inventory and O&M Procedures Parks and Open Space Use, storage and disposal of pesticides, herbicides, and fertilizers Lawn and landscape maintenance Pet waste collection and disposal Waterfowl congregation areas/droppings Trash containers Erosion Buildings and Facilities (schools, town offices, etc.) Use, storage and disposal of petroleum products and other pollutants Spill prevention plans and employee training Dumpster and waste management Sweep parking lots and clean areas surrounding facilities Vehicles and Equipment Vehicle storage and leak containment Fueling areas Vehicle wash water

38 MS4 Infrastructure O&M Catch Basin Inspection, Cleaning, Maintenance Prioritize catch basins near construction sites Establish schedule to ensure sump < 50% full Track catch basins cleaned, inspected & total volume or mass removed Street Sweeping Minimum 1x per year in spring Track number of miles cleaned OR volume or mass removed Winter Road Maintenance Procedures Minimize use of sodium chloride and other salts Evaluate opportunities for use of alternative materials Ensure that snow is not disposed of into waterbodies Inspection and Maintenance of Stormwater Treatment Structures Inspect at least annually

39 Stormwater Pollution Prevention Plan (SWPPP) Develop SWPPPs for each permittee-owned or operated facilities: Maintenance garages Public works yards Transfer stations Other waste handling facilities where pollutants are exposed to stormwater Includes: Pollution prevention team Description of facility and potential pollutant sources Stormwater controls Management practices Facility site inspections quarterly; one per year during rain

40 MCM 6 Timeline for Existing Permittees Time from Permit Effective Date Requirement 1 year 2 year 3 year 4 year 5 year Facilities inventory and written O&M procedures Written program for maintenance of MS4 infrastructure SWPPPs Catch basin cleaning Street sweeping Inspect permittee-owned BMPs

41 Water Quality-Based Requirements

42 Water Quality-Based Requirements Target waterbodies impaired for phosphorus, nitrogen, bacteria/ pathogens, solids, oil and grease, & metals Impaired Waters with or without Total Maximum Daily Loads (TMDLs) Appendix F with an approved TMDL Appendix H Impaired but no TMDL

43 Bacteria/Pathogen-Impaired Waters with and without TMDL Enhanced BMPs Additional annual message to residents about pet waste Provide information to owners of septic systems about property maintenance For IDDE, categorize catchments as Problem or High Priority Source: SuAsCo Watershed Community Council

44 Phosphorus/Nitrogen-Impaired Waters without TMDLs Enhanced BMPs Additional public messages about leaf litter, pet waste, grass clippings and fertilizer Add requirement to stormwater management bylaw/regs for structural BMPs to be optimized for nutrient reduction Manage grass clippings, leaf litter, fertilizer on permittee properties Increase street sweeping to 2x per year Nutrient Source Identification Report Characterize catchments and pollutant sources within 4 years Structural BMPs Plan and schedule retrofits to reduce nutrient loading within 5 years Install one retrofit as demonstration project within 6 years Track nutrient reductions by structural BMPs

45 Phosphorus and Nitrogen TMDLs Cape Cod Nitrogen TMDL and Assabet River Phosphorus TMDL Enhanced BMPs only Charles River Phosphorus TMDLs Phosphorus Control Plan non-structural and structural BMPs Fully implement to meet reduction target within 20 years Lakes and Ponds Phosphorus TMDLs Phosphorus Control Plan non-structural and structural BMPs Fully implement to meet reduction target within 15 years Long Island Sound Nitrogen TMDL & Phosphorus TMDLs for Rhode Island Waters Enhanced BMPs Nutrient Source Identification Report Structural BMP retrofits and tracking

46 Chloride-Impaired Waters Salt Reduction Plan Due within 3 years; fully implement within 5 years Practices for reducing municipal salt usage Track and report permittee salt usage Require commercial/industrial properties to cover salt stockpiles Enhanced BMPs Additional annual messages to private road salt applicators and commercial/industrial site owners about salt storage and application rates Establish procedures and requirements for private facilities to use salt alternatives and minimize salt usage

47 Impairments Caused by Solids, Oil & Grease, or Metals Enhanced BMPs Post-Construction Stormwater Management BMPs on commercial and industrial areas must be designed to allow for shutdown and containment to isolate the system in case of spill Good Housekeeping Increase street sweeping to target areas with potential for high pollutant loads, e.g. commercial and high-density residential areas Optimize catch basin cleaning (sump < 50% full)

48 The First Two Years

49 Year 1 Major Requirements Notice of Intent (NOI) Stormwater Management Program (SWMP) MCM 2 MCM 3 MCM 4 MCM 6 Public involvement post SWMP online Bylaw prohibiting illicit discharges IDDE Plan with SSO inventory Initial outfall ranking Bylaw requiring control of erosion & sediment, construction wastes Written procedures for site inspections & enforcement Written procedures for site plan review, inspections & enforcement Street sweeping Catch basin cleaning Inspect permittee-owned structural BMPs

50 Year 2 Major Requirements MCM 1 MCM 2 MCM 3 MCM 5 MCM 6 Educational messages Public involvement Phase 1 system map Begin dry weather outfall screening and sampling Bylaw/regulations requiring post-construction stormwater management Written procedures requiring as-built drawings and long-term O&M Continue street sweeping, catch basin cleaning, BMP inspections Facility inventory & written O&M procedures Written program for maintenance of MS4 infrastructure Stormwater Pollution Prevention Plans (SWPPPs)

51 What can communities do now? Preparation Activities Identify key stakeholders (internal and external); start building awareness and support Coordinate with other departments on best practices, roles and responsibility Develop staffing and budget plans Review/update GIS mapping and prepare it for analysis and reporting requirements Review stormwater management bylaw/regulations; ID needed revisions Gather templates and tools

52 Questions?

53 New Permittees: Timeline Extensions MCM MCM 1. Public Education MCM 2. Public Involvement MCM 3. IDDE MCM 4. Construction MCM 5. Post-Construction MCM 6. Good Housekeeping Discharges to impaired waterbodies without TMDLs Discharges to waterbodies with TMDLs Timeline Extensions Messages - Extend by 1 year Only 1 message per target audience No extensions Extend by 3 years Bylaw no later than 3 years Extend by 2 years Bylaw no later than 3 years Extend by 2 years Bylaw no later than 3 years Extend by 2 years Extend by 2 years No extensions

54 Lori Kennedy Annie Bastoni Caroline Hampton Offices located throughout the east coast