MS4 Permits. Understanding MS4 Permits (Municipal Separate Storm Sewer System) P508-17

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1 Understanding (Municipal Separate Storm Sewer System) P

2 Edward R. Umbrell, P.E. Mr. Umbrell obtained his civil engineering degree from The University of Maryland and has over 20 years of design experience. He is employed by Dewberry and has worked on projects in Virginia, Washington, D.C., and Maryland. Mr. Umbrell has extensive experience in both water resources and land development. Mr. Umbrell is a registered Professional Engineer in Virginia and a Designated Plans Examiner. He is also a former planning commissioner for the town of Vienna. 2

3 What is an MS4 Permit? Any Guesses? Has anyone pulled an MS4 permit for a construction project? 3

4 Understanding 1. Overview of a. Phase I and Phase II Permits 2. Laws and Regulations 3. Components of a MS4 Phase I Permit 4. Components of a MS4 Phase II Permit 5. TMDL Actions Plans 6. Annual Reporting 7. Monitoring 8. Auditing & Enforcement 9. VAMSA 4

5 What is an MS4 Permit? Permits are issued by DEQ. This state permit authorizes the discharge of stormwater from all municipal separate stormwater point source discharges to surface waters from the Municipal Separate Storm Sewer System (MS4) owned or operated by Fairfax County. 5

6 Regulatory Overview Discharges from municipal separate storm sewer systems are regulated under the Virginia Stormwater Management Act, the Virginia Stormwater Management Program (VSMP) Permit regulations, and the Clean Water Act as point source discharges. The first phase of the program, commonly referred to as "Phase I," was promulgated on November 16, 1990 (55 Federal Regulations (FR) 47990), and required NPDES permits for large and medium MS4s serving populations of 100,000 or more, based on the 1990 decennial census. The second phase, knows as "Phase II", of the stormwater program was promulgated on December 8, 1999, and requires NPDES permits for stormwater discharges from certain small MS4s. 6

7 Fairfax County s MS4 Permit (46 pages) 7

8 Fairfax County's Municipal Separate Storm Sewer System (MS4) permit requires the county to prevent the discharge of pollutants (often called "non-point source" pollutants) such as engine oil, fertilizer, pet waste and trash from the stormwater management system into waterways to the maximum extent practicable. The permit also prohibits non-stormwater discharges into the storm drainage system, such as from sanitary sewer connections or illegal dumping. 8

9 The municipality is required to develop a Stormwater Management Program, which shall include: 1. Ordinances providing the legal authority necessary to implement 2. Written procedures describing how the stormwater plan is to be implemented 3. Permittee shall clearly define roles and responsibilities of each department 9

10 The permit requires storm event monitoring and assessment of the effectiveness of stormwater controls being used in the county. Annual reports submitted to the Virginia Department of Environmental Quality summarize the efforts of the government agency in managing stormwater runoff and limiting non-point source pollution to the maximum extent practicable 10

11 What is a regulated outfall? 11

12 Types of Permittees Traditional (Municipal) MS4 Programs - Many MS4 operators permitted under the VPDES program are city, county, or town government entities, and often referred to as "municipal MS4s". Non-traditional MS4 Programs - The term MS4 does not solely refer to municipally owned storm sewer systems. Examples include, but are not limited to non-traditional entities such as the Virginia Department of Transportation (VDOT), universities, community colleges, hospitals, military installations, prisons, State agencies, or quasi-public toll road authorities. 12

13 MS4 Phase I Permits Arlington County City of Chesapeake Chesterfield County Fairfax County City of Hampton Henrico County City of Newport News City of Norfolk City of Portsmouth Prince William County City of Virginia Beach 13

14 MS4 Phase II Permits Stafford County City of Alexandria Town of Leesburg Town of Herndon City of Manassas City of Fairfax City of Falls Church Town of Vienna Loudoun County Fort Belvoir NVCC PWC Public Schools CIA GMU MWAA USGS Headquarters 14

15 Regulatory Overview Fairfax County's MS4 permit is mandated by the Clean Water Act and by Environmental Protection Agency stormwater regulations. DEQ administers MS4 permits as part of the Virginia Stormwater Management Program permit program. The permit covers the jurisdictional land area of Fairfax County, excluding the Towns of Clifton, Vienna, and Herndon; the Cities of Fairfax and Falls Church; Fort Belvoir; Dulles International Airport; and the Virginia Department of Transportation's road system. 15

16 16

17 MS4 Phase I Permits Under these permits, the MS4 owner/operator must implement a collective series of programs to reduce the discharge of pollutants from the given storm sewer system to the maximum extent practicable in a manner that protects the water quality of nearby streams, rivers, wetlands and bays. 13 items in a Phase I program 17

18 MS4 Phase I Permits The programs must include elements to: 1. Operate and maintain structural stormwater controls 18

19 MS4 Phase I Permits 2. Control discharges from areas of development and significant redevelopment 19

20 MS4 Phase I Permits 3. Operate and maintain public streets, roads and highways 20

21 MS4 Phase I Permits 4. Identify, monitor and control discharges from municipal waste treatment, storage or disposal facilities 21

22 MS4 Phase I Permits 5. Control pollutants related to application of pesticides, herbicides and fertilizers 22

23 MS4 Phase I Permits 6. Implement an inspection program to enforce ordinances, which prohibit illicit connections and illegal dumping into the MS4 23

24 MS4 Phase I Permits 7. Screen the MS4 for illicit connections and illegal dumping 24

25 MS4 Phase I Permits 8. Implement standard investigative procedures to identify and terminate sources of illicit connections or discharges 25

26 MS4 Phase I Permits 9. Prevent, contain and respond to spills that may discharge into the MS4 26

27 MS4 Phase I Permits 10. Limit the infiltration of sanitary seepage into the MS4 27

28 MS4 Phase I Permits 11. Identify, monitor and control discharges from municipal landfills; hazardous waste treatment, storage, disposal and recovery facilities; facilities subject to EPCRA Title III, Section 313; and any other industrial or commercial discharge the permittee determines to be contributing a substantial pollutant loading to the MS4 28

29 MS4 Phase I Permits 29

30 MS4 Phase I Permits 12. Control pollutants in construction site runoff 30

31 MS4 Phase I Permits 13. Conduct public education on stormwater 31

32 MS4 Phase I Permits 32

33 BREAK 33

34 MS4 Phase II Permits Stormwater discharges from Phase II (small) MS4s are regulated under the General Permit for the Discharge of Stormwater from Small MS4s. Small MS4s include storm sewer systems operated by cities, counties, towns, federal facilities such as military bases, Veteran s Affairs hospitals and research facilities, Department of Defense facilities and parkways, and state facilities such as VDOT, community colleges and public universities. 6 items in a Phase II program 34

35 MS4 Phase II Permits The programs must include elements to: 1. Public education and outreach on stormwater impacts 35

36 MS4 Phase II Permits 2. Public involvement and participation 36

37 MS4 Phase II Permits 3. Illicit discharge detection and elimination 37

38 MS4 Phase II Permits 4. Construction site stormwater runoff control 38

39 MS4 Phase II Permits 5. Post-construction stormwater management in new development and redevelopment 39

40 MS4 Phase II Permits 6. Pollution prevention/good housekeeping for municipal operations 40

41 TMDL Action Plan What do you do if you have water quality issues? Chesapeake Bay - Nitrogen, Phosphorous, Sediment and Bacteria (Pollutants of Concerns or POC s) 41

42 TMDL Action Plan What do you do if you have water quality issues? Develop a TMDL Action Plan! (Total Maximum Daily Load) 42

43 TMDL Action Plan A Total Maximum Daily Load (TMDL) for the Chesapeake Bay was established by the U.S. EPA in A TMDL establishes the maximum amount of a pollutant that can enter a water body without violating water quality standards. Pollutants of concern (POCs) identified for the Chesapeake Bay include nitrogen (TN), phosphorus (TP), and total suspended solids (TSS). 43

44 TMDL Action Plan Phase 5.3 Watershed Model Phase 5.3 is the latest version of the Chesapeake Bay Program's Watershed Model Bay Program partners and other stakeholders use a suite of computer models that are among the most sophisticated, studied and respected in the world. The models provide a comprehensive view of the Chesapeake ecosystem from the depths of the Bay to the upper reaches of the watershed 44

45 TMDL Action Plan The Watershed Model incorporates information about land use, fertilizer applications, wastewater plant discharges, septic systems, air deposition, farm animal populations, weather and other variables to estimate the amount of nutrients and sediment reaching the Chesapeake Bay and where these pollutants originate. The Watershed Model divides the 64,000-square-mile Chesapeake Bay watershed into more than 2,000 segments delineating political and physical boundaries 45

46 TMDL Action Plan Virginia subsequently developed and adopted a Watershed Implementation Plan (WIP) that establishes the framework for meeting the Chesapeake Bay TMDL. The Virginia WIP states that holders of Municipal Separate Storm Sewer System (MS4) permits will implement a phased approach for meeting required reductions over three five-year permit cycles based on the following schedule: 5% of required reductions by the end of the first permit cycle; a total of 40% of required reductions by the end of the second permit cycle; and, 100% of required reductions by the end of the third permit cycle. 46

47 TMDL Action Plan 47

48 TMDL Action Plan 48

49 TMDL Action Plan 49

50 TMDL Action Plan 50

51 TMDL Action Plan (2016) 51

52 TMDL Action Plan 145 page plan 52

53 MS4 Annual Reporting The permittee shall submit annual reports to DEQ. 53

54 Annual Reporting Each annual report shall include the following Background Information. A summary of progress toward development of new MS4 Program components. A summary of the components implemented under the MS4 Program Plan and an evaluation of the effectiveness of each component (13 components). A summary of the monitoring programs Any Specific Reporting Requirements identified in this state permit. 54

55 Monitoring Requirements Each annual report shall include monitoring Biological Stream Monitoring In-stream Monitoring Floatables Monitoring Structural and Source Control Compliance Tracking and Monitoring 55

56 Monitoring Report Requirements The date, exact place, and time of sampling or measurements The individual(s) who performed the sampling or measurements The date(s) and time(s) analyses were performed The individual(s) who performed the analyses The analytical techniques or methods used The results of such analyses. 56

57 Reporting Monitoring Results The permittee shall submit the results of the monitoring required by the state permit with the annual report unless another reporting schedule is specified elsewhere in this state permit. 57

58 EPA Audits In order to assess compliance with MS4 permits, which require the implementation of Minimum Control Measures (MCMs), state and EPA staff must perform inspections and gather relevant information. It is EPA Region 3 s goal to inspect and/or gather information on a large number of Phase I and Phase II MS4s through direct inspection, review of state files, conferences and workshops, and other methods. 58

59 EPA Audits In 2013, an EPA audit of Fairfax County s MS4 program required the County to: Better document the stormwater management facility inventory Enhance public out-reach and education efforts Increase water quality monitoring efforts Provide stormwater management and stormwater control training to all County employees 59

60 Virginia Municipal Stormwater Association (VMSA) The Virginia Municipal Stormwater Association (VAMSA) brings together over 50 proactive local governments and leading stormwater consultant firms to work for clean water and safe infrastructure in Virginia based on sound science and good public policy. 60

61 Virginia Municipal Stormwater Association (VMSA) VAMSA s primary goals are to provide a venue for local governments to share knowledge on stormwater management regulation; to establish and maintain good working relationships with state and federal officials; to encourage the establishment of sound policy relating to stormwater management; and to assist in the development of laws, regulations and policies based on good science and technology and sound management practices. 61

62 Virginia Municipal Stormwater Association (VMSA) Water Policy Matters For all VAMSA policy matters, including legislative and regulatory matters, please contact: Chris Pomeroy VAMSA General Counsel (804) x202 62

63 Permit Fees 63

64 Maintenance Fees 64

65 Questions? 65

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