New York City MS4 Permit Activities - Update Annual Conference. Florida Stormwater Association

Transcription

1 New York City MS4 Permit Activities - Update Florida Stormwater Association 2018 Annual Conference Floren Poliseo, MS4 Program Manager, NYC DEP Scott McClelland, Vice President, CDM Smith Inc. Acknowledge Support of: Pinar Balci, Assistant Commissioner, NYC DEP

2 New York State Pollutant Discharge Elimination System (SPDES) Municipal Separate Storm Sewer System Permit (MS4 Permit) Cycle 1 o Effective date: August 1, 2015 o Duration: renewal every 5 Years o Permit intent: to implement measures to reduce pollution in stormwater runoff o NYC is required to develop a Stormwater Management Program (SWMP) to submit to NYSDEC on August 1,

3 Separate Sewer Versus Combined Sewer? Municipal Separate Storm Sewer System A conveyance or system of conveyances; owned by a state, city, town, village, or other public entity that discharges to waters of the US; designed or used to collect or convey stormwater (including storm drains, pipes, ditches, etc.); not a combined sewer; and not part of a Publicly Owned Treatment Works (sewage treatment plant). 3

4 MS4 Permit and Stormwater Management Program The MS4 Permit regulates drainage areas (collectively called the MS4 area) where stormwater drains: o To a city-owned MS4 o By overland flow from a city-owned facility 4

5 SWMP Plan (the Plan) i. Executive Summary ii. Introduction Chapter 1: Legal Authority and Program Administration Chapter 2: Public Education and Outreach Chapter 3: Public Involvement and Participation Chapter 4: Mapping Chapter 5: Illicit Discharge Detection and Elimination Chapter 6: Construction and Post-Construction Chapter 7: Pollution Prevention/Good Housekeeping Chapter 8: Industrial and Commercial Stormwater Sources Chapter 9: Control of Floatable and Settleable Trash and Debris Chapter 10: Monitoring and Assessment Program Chapter 11: Special Conditions for Impaired Waters Chapter 12: Recordkeeping and Reporting 5

6 Plan Development & Review Process Interagency coordination DEC coordination Public Meetings Progress Reports and Public Comment Periods Summer 2017 March 2018 April August 2018 Draft development Draft evolved through multiple review rounds/review by interagency work group Plain language and graphics review Draft available for public comment Public meetings Draft evolved through multiple reviews Submittal of plan to State Full Plan available at Public-friendly Executive Summary also available 6

7 1. Legal Authority and Program Administration Stormwater Controls Working Group City Agencies with responsibilities under the MS4 Permit DCAS, DCP, DDC, DEP, DOB, DOC, DOE, DOHMH, DOT, DPR, DSNY, FDNY, NYPD, SBS DEP coordinates the Program Administration on behalf of the City 7

8 1. Legal Authority and Program Administration Legal Authority: NYC Stormwater Law signed May 2017 Enforcement Response Plan: Completed Fiscal Analysis: Ongoing 8

9 2. Public Education and Outreach Major MS4 Permit Requirements: Educate New Yorkers about: Impacts of stormwater discharges on waterbodies Pollutants of concern and their sources Actions to reduce pollutants in stormwater runoff Ways to report illicit discharges and water quality issues Hazards associated with illicit discharge and improper disposal of waste 9

10 2. Public Education and Outreach Program Overview The City has identified: Target Audiences (educators, residents, etc.) Existing City Programs (shoreline cleanups) Pollutants and Waterbodies of Concern New and Ongoing Initiatives include: Updates to 311 reporting hotline MS4 updates to agency websites and social media programming Cooperative efforts with local organizations and environmental advocates Workshops, trainings, presentations, and other events 10

11 2. Public Education and Outreach Measurable Goals Develop, implement, and assess an ongoing public education and outreach program Develop and implement educational and informational activities related to illicit discharges for businesses and the general public Promote, publicize, and facilitate public reporting of illicit discharges and potential water quality impacts Measures List of education & outreach programs/events and relevant metric(s) for each (e.g. number of participants, events, or materials distributed) List of planned educational and outreach programs/activities to be undertaken in the next reporting cycle List of education & outreach programs/events and relevant metric(s) for each (e.g. number of participants, events, or materials distributed) List of planned educational and outreach programs/activities to be undertaken in the next reporting cycle Summary of public reports received by

12 3. Public Involvement & Participation Major MS4 Permit Requirements: Seek input from stakeholders about the development, implementation, review, and revision of the SWMP Provide opportunities for: public participation the public to comment on the Plan and future Annual Reports public participation in stormwater related activities Provide a mechanism for the public to report and request stormwater information 12

13 3. Public Involvement & Participation Program Overview How have New Yorkers participated? Since 2015 there have been: ~50 Stakeholder Meetings 100+ public comments received. A final summary of all comments and the City s responses will be included in the Plan. 13

14 4. Mapping Major MS4 Permit Requirements: Identify and map the MS4 Area including MS4 outfalls, and other info such as land use, park and open space locations, etc. Submit a preliminary MS4 Map to NYSDEC in 2018 and a Final MS4 map in 2020 Update the Final MS4 Map every 5 years Historical MS4 Map 14

15 4. Mapping Program Overview: The City has: Identified existing maps and data sources Established methodologies for the Preliminary Map and the Final Map Preliminary Map: The City has developed guidance for agencies to map their MS4 drainage area and outfalls DEP has completed delineating areas draining to 363 DEP MS4 outfalls Agencies are currently mapping or preparing to map their MS4 area and outfalls MS4 map will be provided in an interactive, user-friendly format 15

16 5. Illicit Discharge Detection & Elimination (IDDE) Major MS4 Permit Requirements: Prohibit illicit discharges into the MS4 Detect and eliminate unauthorized discharges to the MS4 Describe procedures to prevent, contain, and respond to spills that may discharge to MS4 Educate public employees, businesses, and the general public about the hazards of illegal discharges 16

17 5. IDDE Program Overview Harbor Survey Monitoring 17

18 6. Construction / Post-Construction Major MS4 Permit Requirements: Review and approve Stormwater Pollution Prevention Plans (SWPPPs) Maintain an inventory of active construction sites and conduct inspections Maintain an inventory of Post-Construction Stormwater Management Practices (SMPs) and inspections Educate relevant stakeholders Conduct a study to determine a reduction in the lot-size soil disturbance threshold that triggers regulatory requirements 18

19 6. Construction and Post-Construction Program Overview 4 Program Elements: SWPPP Review Permitting Inspecting Education and Training 19

20 6. Construction / Post-Construction No Net Increase Analysis submitted to DEC Feb. 1, 2018 Required in SWPPPs for development projects meeting all of these criteria: o Disturbs 1 acre soil o Increases impervious cover o Drains to impaired waterbodies, identified in the MS4 Permit (Appendix 2) The MS4 NYC Stormwater Design Manual (coming soon) will detail compliance criteria (refer to POCs): o Floatables: Design and implement SMPs in accordance with the NYS Stormwater Design Manual. o Phosphorus: Design and implement SMPs in accordance with Chapter 10 of the NYS Stormwater Design Manual. o Pathogens: Design and implement SMPs in accordance with the NYS Design Manual, with added enhancements and site management practices to reduce the potential for pathogens to enter the MS4, as detailed in the NYC Stormwater Design Manual. o Nitrogen: Design and implement practices to show no net increase in total nitrogen load. Provide pollutant calculations using the loading and removal data provided in the NYC Stormwater Design Manual. 20

21 Threshold Study Recommendation DEP will propose to adopt a 20,000 SF threshold as a recommendation for reduction from 1 acre; applicable to both construction and post-construction for on-site new/re-development projects Supported by most of the metrics utilized in the study o Number of permits o Number of managed acres o Cost/Benefit Takes into account costs to individual households and borough-specific impacts Considers staffing resources to accommodate permit reviews and inspections Provides flexibility for site constraints through a hierarchy of stormwater control measures (i.e., soil suitability, site availability) For these reasons, a 20,000 SF disturbance threshold is the maximum extent practicable (MEP) in NYC 21

22 7. Pollution Prevention/Good Housekeeping (PP/GH) Major MS4 Permit Requirements: Develop a program to address municipal operations and facilities Prepare an inventory of municipal operations and facilities with preliminary prioritization of high, medium, and low categories Prepare a procedure for selfassessment Identify best management practices and stormwater control measures Create an employee training program 23

23 7. PP/GH Program Overview Builds upon existing City agency practices Prepared an initial inventory of municipal operations and facilities and prioritized sites by high, medium, and low risk Number of Facilities Number of Prepared a standardized Agency Medium High Low Priority Sites procedure for prioritization for Priority Priority all City agencies and operations Prepared a procedure for self-assessment Developed 38 stormwater control measures (SCMs) Incorporated feedback from the public Developed criteria for agencies to consider incorporating green infrastructure DCAS DEP DOC DOE DOT FDNY DSNY DPR NYPD Total Note: Inventory is dynamic in nature, sites are added or removed based on agency s real estate needs. Agencies will be reporting on their inventory on an annual basis. 24

24 7. PP/GH Program Overview SCMs were vetted by agencies and the public. Stormwater Control Measures (SCM) Checklists Used SCM-1 Vehicle/Equipment Maintenance SCM 2 Vehicle/Equipment Cleaning SCM-3 Vehicle/Equipment Fueling SCM-4 Truck Bed Management SCM-5 Vehicle/Equipment Storage SCM-6 General Outdoor Storage SCM-7 Above-Ground Storage Tanks SCM-8 Underground Storage Tanks SCM-9 Drum Storage and Management SCM-10 Material Stockpile SCM-11 Catch Basin/Inlet Cleaning and Repair SCM-12 Storm Sewer / Underground Facility Cleaning and Repair SCM-13 Ditch/Open Channel Cleaning and Repair SCM-14 Green Infrastructure / Open Facility Maintenance SCM-15 Hydrologic Habitat Modification SCM-16 Pavement Cleaning SCM-17 Winter Pavement Maintenance SCM-18 Pavement/Sidewalk Resurfacing/and Repair SCM-19 Spill prevention and Response SCM-20 Bridge/Elevated Structure Maintenance SCM-21 Herbicides/Pesticides/Fertilizer Application SCM-22 Landscape / Grounds Care SCM-23 Turf Management SCM-24 Golf Courses SCM-25 Animal Recreational Facilities/Stables Maintenance SCM-26 Waste Management and Disposal SCM-27 Debris Management and Disposal SCM-28 Waste Transfer Stations SCM-29 Landfill Runoff SCM-30 Shooting Ranges SCM-31 Building Repair and Remodeling SCM-32 Painting SCM-33 Swimming Pool Maintenance/Discharges SCM-34 Dock/Pier Maintenance SCM-35 On-Land Marine Vessel Maintenance and Repair Areas SCM-36 Marine Fueling Stations SCM-37 Loading/Unloading SCM-38 Erosion and Sediment Control 25

25 7. PP/GH Conducted assessments for the 10 High Priority Sites Operations evaluated at these sites included: o Material stockpile management, o Waste management, o Vehicle management activities, and o Catch basin Maintenance Sites were re-prioritized using on-site observations and current data: o Seven sites remained high risk o Three sites were re-classified to medium risk Assessment revealed less quantities, exposure and operation frequency than originally estimated. 26

26 8. Industrial and Commercial (I/C) Stormwater Sources Major MS4 Permit Requirements: Develop a program to inspect MSGP facilities Develop a plan to asses and inspect unpermitted facilities to determine if they are significant contributors of POCs to impaired waters Coordinate with NYSDEC on the Multi- Sector General Permit (MSGP) for Stormwater Discharge from Industrial Activities Prepare and maintain a facility inventory Implement a staff training program 27

27 8. I/C Stormwater Sources Program Overview Establishes a protocol for inspecting facilities with NYSDEC MSGP coverage Establishes a protocol for assessing facilities to determine if they are significant contributors of POCs to impaired waters Establishes an Industrial and Commercial Facility Inventory with four categories Category 1: No Further Action Category 2: Facilities with NYSDEC No Exposure Certification Category 3: On-site Assessment for Potential Referral to NYDEC Category 4: Ongoing MSGP inspections based on Priority Rating 28

28 9. Floatable and Settleable Trash & Debris Major MS4 Permit Requirements: Develop and implement a work plan to determine the loading rate for floatables discharged from the MS4 Assess and implement strategies to reduce floatables from the MS4 Continue to implement existing controls (DEP catch basin hooding, DSNY street sweeping, etc.) Implement a media campaign to educate the public 29

29 9. Floatable and Settleable Trash & Debris Program Overview New and Ongoing Initiatives include: Continue to implement existing programs to manage trash and debris Review available technologies and controls Develop a Loading Rate Work Plan Establish a methodology for selecting technologies and controls Implement media campaigns to educate the public about the impact of litter on water quality Don t Trash Our Waters Event at New York Aquarium 30

30 9. Floatable and Settleable Trash & Debris Draft Work Plan: Submitted to New York State DEC on August 1, 2017 To determine the loading rate of trash and debris from the MS4, the work plan: o Identifies categories of catch basins that are likely to have different loading rates of trash and debris based on characteristics such as street cleanliness, catch basin type, street sweeping frequency, and land use o Will conduct field monitoring at 3 catch basins per category for approximately 7 months o Analyze data to establish loading rates for each MS4 outfall In response to public feedback, the City: Is considering adding an additional category of catch basins to capture trash and debris specifically from exit ramps and turn outs on highways Is considering a separate data collection initiative to see if catch basin markings have an effect on loading rates 31

31 10. Monitoring and Assessment Major MS4 Permit Requirements: Assess MS4 Permit compliance Measure the effectiveness of the SWMP Characterize and assess the quality of stormwater discharges at representative MS4 outfalls Identify sources of specific pollutants Detect and eliminate illicit discharges Evaluate long-term trends in water quality 32

32 10. Monitoring and Assessment Program Overview Continue to implement existing monitoring programs (Sentinel Monitoring, Shoreline Survey, Harbor Survey, Beach Sampling) To implement the MS4 Monitoring Program into two phases and assess: Phase Parameter Frequency Goal Phase 1: Land Use- Based Residue Pathogens Nutrients Metals Oil and Grease Field-in-situ Flow Quarterly for 2 years from 8 outfalls Assess the effect of land use on stormwater discharge and pollutant concentrations Phase 2: Targeted Outfalls and Receiving waterbodies Based on Phase 1 Results Based on Phase 1 Results Evaluate long-term trends 33

33 11. Special Conditions for Impaired Waters Major MS4 Permit Requirements: Implement special conditions and targeted efforts for: Impaired waters without Total Maximum Daily Loads (TMDLs) Impaired waters with NYSDEC approved Combined Sewer Overflow Long Term Control Plans (CSO-LTCPs) 34

34 11. Special Conditions for Impaired Waters Program Overview Enhanced or additional Stormwater Control Measures for Coney Island Creek Pet Waste Management Increased Monitoring Signage Deployment Catch Basin Markings Source Tracking Public Education & Outreach Public On-site Green Infrastructure Pilot Projects 35

35 12. Recordkeeping & Reporting The City will: Keep records and manage data on all measureable goals Develop a Consolidated Information Tracking System Develop and distribute Annual Reports for public review and comment 36

36 For more information, visit: nyc.gov/dep/ms4 Questions and comments on the NYC Stormwater Management Program Plan can be submitted to: 37