State College March 6, 2017 Paul Racette Pennsylvania Environmental Council Mike Hickman Center for Watershed Protection Alice R. Baker PennFuture 1
Pennsylvania Environmental Council Photos: Rutgers Cooperative Extension The Pennsylvania Environmental Council (PEC) protects and restores the natural and built environments through innovation, collaboration, education and advocacy. PEC believes in the value of partnerships with the private sector, government, communities and individuals to improve the quality of life for all Pennsylvanians.
PennFuture... Is a statewide public interest membership group. Advocates for policies and legislation that protects our public health, our environment, and the economy. Has offices in Philadelphia, Harrisburg, Pittsburgh, and Wilkes-Barre and serves as the Pennsylvania affiliate for the National Wildlife Federation. Focuses on water, air, land conservation, and energy. www.pennfuture.org Our tag line is: Pennsylvania s watchdog for clean air, pure water, and a health climate. 3
The Center for Watershed Protection Founded in 1992, the Center for Watershed Protection, Inc. is an award-winning national 501(c)(3) nonprofit organization that works to protect, restore, and enhance our streams, rivers, lakes, wetlands, and bays Our work includes applied research, direct assistance to communities, training, and access to a network of experienced professionals The Center is a recognized leader in providing technical assistance to local governments with developing cost-effective and realistic strategies to meet TMDL and MS4 goals 4
Workshop Overview Why regulating stormwater is important Overview of Pennsylvania s MS4 program Ways you can get involved: Public education and public involvement Illicit Discharges Pollution Reduction Plans/TMDL Plans Why your participation is important. 5
Stormwater Impacts 6
Pennsylvania Water Quality 86,000 Stream miles 83,438 Assessed Aquatic Life 16,000 (19%) Impaired Source: DEP 2014 Pennsylvania Integrated Water Quality Monitoring & Assessment Report ALU Sources Agriculture AMD Urban Runoff Causes Siltation Metals ph Nutrients Water Flow/Variability 7
Status of Aquatic Life Use 8
Municipal Separate Storm Sewer System 9
Municipal Separate Storm Sewer System (It sounds cooler than MSSS) System owned or operated by a public agency, such as a city, town, county, flood control district, state, or federal agency Does not connect to the sanitary sewer system and does not lead to a wastewater treatment plant Drains, ditches, curbs, and gutters that move stormwater from one place to another 10
The Permit Process Stormwater Management Program Plans must: Contain measurable goals for the six Minimum Control Measures or MCMs Contain Specific Activities to meet goals for each MCM Enact or implement either: An MS4 Stormwater Management Ordinance An ordinance that satisfies an MS4 Stormwater Management Ordinance Checklist Submit a Total Maximum Daily Load Plan if applicable New requirement for Pollutant Reduction Plan 11
PA MS4 Communities 12
Total Maximum Daily Load Amount of pollution water body can receive and meet water quality standards. Agencies set pollutant reductions requirements. Municipalities implement TMDL Plans. Rain gardens Bioswales Infiltration trenches Naturalized basins Meadows Stream bank plantings Pervious pavement/pavers 13
PA TMDL Streams by Pollutant 14
Pollutant Reduction Plans (PRPs) Required for MS4s discharging to impaired streams Control sediment/nutrient stormwater discharges to: Chesapeake Bay watersheds (Appendix D) Impaired waters (Appendix E) Plan must: Map planning area/storm sewer system Calculate pollutant load Determine necessary pollutant reductions Show projects required to meet pollutant reductions Watershed group can help! 15
General vs. Individual permits General permit (ok for pollutant reduction plans) Individual permits for: TMDLS Special protection waters Multi-municipal joint permits How to know what you have; look at the MS4 requirements table 16
MS4 Requirements Table DEP published a table that lists the MS4 requirements for each MS4 municipality.
Upcoming MS4 Permit Timeline August 3, 2017 TMDL/PRP Available for Public Comment Sept 4, 2017 Public Comment to End Sept 16, 2017 Public Comments Addressed and NOI/App submitted March 16, 2018 MS4 General Permit Coverage Begins 19
Public Participation Why is public participation important? When is there an opportunity for public participation? What to look for when reviewing Pollution Reduction Plans and MS4 permit applications 20
Why your input is important Crafts the best plan for the municipality Reduces time for implementation (see benefits faster) Taps into broad base of expertise (technical and local knowledge) It is a permit requirement anyway 21
When to comment on Pollution Reduction Plans The public notice must be published at least 45 days prior to the deadline for submission of the Pollution Reduction Plan to DEP so August 3, 2017 at the latest! 22
Notice of Public Comment Period Municipalities must publish, in a newspaper of general circulation in the area, a public notice of where the plan may be reviewed by the public and the length of time the municipality will provide for the receipt of comments. 23
What to look for when commenting Does the plan make sense and appear scientifically sound? Do you know of projects not included (retrofits, buffers, wetlands, etc.)? Is Operation and Maintenance properly covered? Could you/your organization assist in implementing BMPs, providing ongoing maintenance, other requirements? Consider retaining an expert to conduct a review 24
Tips for Providing Comment Thank for opportunity to provide comments Respectfully describe specific concerns Request follow-up Comments become a part of the public record This means accountability for you and them 25
MS4 Permit Requirements PRP or TMDLs (for most but not all) as previously described However, there are many other elements in the SWMP that everyone must follow These are referred to as the Minimum Control Measures (MCMs) 26
MS4 Permit Requirements MCM 1 - Public Education and Outreach on Stormwater Impacts MCM 2 - Public Involvement / Participation MCM 3 - Illicit Discharge Detection and Elimination MCM 4 - Construction Site Stormwater Runoff Control MCM 5 - Post-Construction Stormwater Management (PCSM) in New Development and Redevelopment MCM 6 - Pollution Prevention / Good Housekeeping 27
MCM 1 - Public Education and Outreach on Stormwater Impacts Develop, implement and maintain a written Public Education and Outreach Program Develop and maintain lists of target audience groups May include residents, businesses (including commercial, industrial and retailers), developers, schools, and municipal employees Annually publish at least one issue of a newsletter, a pamphlet, a flyer, or a website that includes general stormwater educational information, a description of the permittee s SWMP, and/or information about the permittee s stormwater management activities 28
MCM 1 - Public Education and Outreach on Stormwater Impacts Choose at least two methods to distribute stormwater educational materials and/or information to the target audiences Options include (but not limited to): displays, posters, signs, pamphlets, booklets, brochures, radio, local cable TV, newspaper articles, other advertisements (e.g., at bus and train stops/stations), bill stuffers, presentations, conferences, meetings, fact sheets, giveaways, and storm drain stenciling 29
MCM #2: Public Involvement / Participation Written Public Involvement and Participation Program (PIPP) The PIPP shall include, at a minimum: Opportunities for the public to participate in the decision-making processes associated with the development, implementation, and update of programs and activities related to the MS4 Permit Methods of routine communication to groups such as watershed associations, environmental advisory committees, and other environmental organizations that operate within proximity to the permittee s regulated small MS4s or surface waters receiving the permittee s discharges Making Annual MS4 Status Reports and all other plans, programs, maps and reports required by the MS4 Permit available to the public on the permittee s website, at the permittee s office s, or by mail upon request 30
MCM #2: Public Involvement / Participation The permittee shall advertise to the public and solicit public input on the following documents prior to adoption or submission to DEP: Stormwater Management Ordinances (for municipalities) Standard Operating Procedures (SOPs) (for nonmunicipal entities); and Pollutant Reduction Plans (PRPs), including modifications thereto 31
MCM #2: Public Involvement / Participation The permittee shall solicit public involvement and participation from target audience groups on the implementation of the SWMP. Can take the form of public meetings or other events The public shall be given notice in advance of each meeting or event. During the meetings or events, the MS4 should present a summary of progress, activities, and accomplishments with opportunities for the public to provide feedback and input Must be at least one meeting during the five year permit term 32
MCM #2: Public Involvement / Participation The permittee shall document and report instances of cooperation and participation in MS4 activities such as presentations the permittee made to local watershed organizations and conservation organizations and similar instances of participation or coordination with organizations in the community The permittee shall also document and report activities in which members of the public assisted or participated in the meetings and in the implementation of the SWMP including education activities or organized implementation efforts such as cleanups, monitoring, storm drain stenciling, or others 33
Other Public Involvement Opportunities MCM 3 Illicit Discharge Detection Volunteer monitoring If properly trained, perhaps sampling MCM 4 - Construction Site Stormwater Runoff Control Look for illicit discharges from improperly implemented or maintained E and S BMPs MCM 5 - Post-Construction Stormwater Management Comment on ordinance changes Comment on zoning changes or proposed developments MCM 6 - Pollution Prevention and Good Housekeeping Could you help with BMP O and M? Create an Environmental Advisory Committee (EAC) that guides public involvement 34
Other Public Involvement Opportunities Write a blog, op-ed, etc. that details: the importance of reducing pollution to local waters commends the municipality for the efforts they are taking encourages green infrastructure solutions expresses your opinions and/or concerns 35
Paul Racette pracette@pecpa.org Mike Hickman jmh@cwp.org Alice R. Baker baker@pennfuture.org 38