MUNICIPAL STORMWATER REGULATION PROGRAM TIER A MUNICIPALITIES 2018 PERMIT UPDATE Stormwater Compliance Program s Implementation Schedule for Statewide Basic s
MUNICIPAL STORMWATER COMPLIANCE PROGRAM FOR EXISTING PERMITEES The primary objective of the MS4 stormwater program is to implement best management practices and other measures that are designed to achieve the permit s requirement to reduce the discharge of pollutants from the Tier A Municipality s MS4, municipal maintenance yards and other ancillary operations, to the maximum extent practicable to protect water quality and to satisfy the applicable water quality requirements of the Clean Water Act. SUMMARY OF PERMIT REQUIREMENTS Tier A Municipalities Shall: 1. Develop, update and implement and maintain written Stormwater Pollution Prevention Plan (SPPP). 2. Submit an Annual Report and Certification summarizing status of compliance with this permit. Due May 1 of each year, for the period of January 1 to December 31 of the previous year. 3. Designate and identify a Stormwater Coordinator and members of a the SPPP Team. 4. The Stormwater Coordinator must sign the municipality s SPPP and Annual Report and Certification. 5. SPPP conditions may be implemented through shared or contracted services, such that they are compliant with the conditions of the Tier A Municipal MS4 Permit. The Tier A Municipality is responsible for compliance with the permit should the other entity fail to implement any required measures of the permit. 6. Adopt, maintain and implement a written Municipal Stormwater Management Plan (MSWMP). This is also a component of the Municipal Master Plan. 7. The Annual Report and Certification and any records required under the permit shall be kept by the municipality for a period of five years. 8. Modify and update its stormwater program (including applicable plans and ordinances) in to conform with the new legislations, as summarized below. DETAILED REQUIREMENTS Permit tasks and requirements are described below, with deadlines for implementation and follow up documentation action items. The implementation date refers to the date that the minimum standard must be incorporated into the Tier A Municipality s Stormwater Program. The table has been formatted to highlight existing, new and modified permit requirements as follows: New permit requirements are highlighted with a neon yellow shading background. Modified permit requirements are highlighted with a cyan shading background. Existing permit requirements that are to be continued as is from the prior permit issued in 2009 are not highlighted. 2 P age
Tasks Implementation Schedule Documentation Actions PUBLIC INVOLVEMENT AND PARTICIPATION INCLUDING PUBLIC NOTICE A B C D Certify all State and Local notice requirements have been met and relevant records kept. Provide the current SPPP to the public upon request. Post the current SPPP on the municipality s website. Post the current Municipal Stormwater Management Plan (MSWMP) and related ordinances on the Municipality s website LOCAL PUBLIC EDUCATION AND OUTREACH A B C Implement a Public Education and Outreach Program: 1. Conduct activities that total a min. of 12 points on an annual basis. 2. Activities must be from three of the five categories shown in Attachment B provided herein. 3. One activity must involve educating businesses and the general public of hazards associated with illicit connections and improper disposal of waste. Label storm drain inlets, maintain legibility of those labels, and replace labels that are missing or not legible along sidewalks that are adjacent to municipal streets; and within plazas, parking areas or maintenance yards operated by the municipality. Advertise public involvement projects pertaining to education and outreach activities on the municipality s website, through a mailing, through newspaper advertisement or other similar means. April 1, 2018 April 1, 2018 Complete during each permit year; from January 1 st through December 31 st of each permit cycle. January 1, 2019 Complete during each permit year; from January 1st through December 31st of each permit cycle. No change from prior permit requirement. No change from prior permit requirement. New New Modified Under prior permit, applicant needed to accumulate only a min. of 10 points. No change from prior permit requirement. New Maintain records to demonstrate compliance. Update SPPP annually to demonstrate compliance. Maintain records to demonstrate compliance, including dates and types of activities completed. Maintain records of labeling status and keep with SPPP. Maintain and keep public advertisement records demonstrating compliance with the current SPPP. 3 P age
Tasks Implementation Schedule Documentation Actions POST CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT A B C D Develop, update, implement and enforce a post construction stormwater management program in new development and redevelopment to ensure compliance with the Stormwater Management rules (NJAC 7:8). The post construction stormwater management program must: 1. Address stormwater runoff from Major Development sites as defined by NJAC 7:8, and the municipality s stormwater control ordinance. 2. Require compliance with the design, performance and maintenance standards established under NJAC 7:8. 3. Require that development applications be reviewed for compliance with the Tier A Municipality s stormwater permit even if a different permit is required for the same project/activity. (example: if a Land Use Permit is required, the activity must still be in compliance with the stormwater permit) 4. Ensure that any residential development /redevelopment projects are subject to RSIS standards, including exemptions, waivers or special area standards. Adopt, implement, a Municipal Stormwater Management Plan pursuant to NJAC 7:8, et seq. Review and update its MSWMP as necessary and as a part of the reexamination of its municipal master plan. Adopt and enforce a Stormwater Control Ordinance in accordance with NJAC 7:8 et seq. Enforce through the stormwater control ordinance, the design standards set forth in Attachment C of the permit to control passage of solid and floatable materials through storm drain inlets. No change from prior permit requirement. No change from prior permit requirement. No change from prior permit requirement. No change from prior permit requirement. Maintain and keep records to demonstrate compliance. Maintain and keep records to demonstrate compliance. Maintain and keep records to demonstrate compliance. Maintain and keep records to demonstrate compliance. 4 P age
E Tasks For applications to the NJDEP for structural and non structural stormwater measures (example: basins) made after January 01, 2018, the municipality shall complete, update, finalize and maintain a Major Development Stormwater Summary (See Attachment D provided herein). 1. Complete Attachment D when an application for a stormwater measure is made to the municipality. 2. Update Attachment D while the stormwater measures are being installed. 3. Finalize Attachment D when the certificate of occupancy is issued. 4. Maintain completed Attachment D and make it available to the NJDEP upon request. Implementation Schedule January 1, 2019 New POLLUTION PREVENTION/GOOD HOUSEKEEPING COMMUNITY WIDE REQUIREMENTS A B Ordinances 1. Adopt and enforce the following ordinances: Pet Waste Wildlife Feeding Litter Control Improper Disposal of Waste Containerized Yard Waste / Yard Waste Collection Program Private Storm Drain Inlet Retrofitting 2. Distribute pet waste ordinance information with pet licenses. Street Sweeping Sweep streets that meet the following criteria at least once per month: 1. The street is owned or operated by the municipality. 2. The street is curbed and has storm drains. 3. The street has a posted limit of 35 mph or less. 4. The street is not an entrance or exit ramp. 5. The street is in a predominantly commercial area. No change from prior permit requirement. No change from prior permit requirement. Documentation Actions Report that Major Development Stormwater Summaries have been completed and records are being maintained and kept by the municipality. Keep records of stormwater measures in the SPPP or reference their locations. Keep log of enforcement actions for each ordinance in the SPPP. Document the dates that the pet waste ordinance information was distributed. Document the dates of street sweeping, areas swept, and the total amount of materials/debris collected in wet tons. Maintain and keep records of street sweeping activities in the SPPP. 5 P age
C D Tasks Catch Basin and Inlet Protection Develop and continue to implement catch basin and storm drain inlet protection. Each catch basin and inlet must be inspected once every five years and cleaned as necessary to restore proper function. Develop and continue to implement a storm drain retrofit measures. Retrofit existing storm drains inlets that are: 1. In direct contact with any repaving, repairing (including potholes) or resurfacing. 2. In direct contact with any reconstruction or alternation of facilities. Storm drain inlet retrofits shall meet the established design standards developed by the NJDEP. Implementation Schedule Modified Frequency of inspections has been modified from the prior permit. No change from prior permit requirement. Documentation Actions Maintain an inspection and cleaning schedule. Maintain log of inlets /catch basins and materials collected in wet tons in the SPPP. Keep records of storm drain inlet retrofits and locations of those inlets that are exempted in the SPPP. POLLUTION PREVENTION/GOOD HOUSEKEEPING MUNICIPAL MAINTENANCE YARDS AND OTHER ANCILLARY OPERATIONS A Implement BMPs outlined in Attachment E, provided herein, for municipal maintenance yards and other ancillary operations. Ancillary operations include impoundment yards, permanent and mobile fueling locations, and yard trimming and wood waste management sites. BMPs shall be implemented for the following: 1. Fueling Operations 2. Discharge of stormwater from secondary containment. 3. Vehicle Maintenance. 4. Salt and de icing material storage and handling. No change from prior permit requirement. SPPP should include all applicable requirements, including maintenance of inspection logs and tracking forms. Keep records of requirements of Attachment E in SPPP. B Onsite Equipment and Vehicle Washing and Wash Wastewater Containment. BMPs shall be implemented for onsite equipment and vehicle washing and wash wastewater containment. Modified Has been modified to include implementation of BMPs for wash wastewater containment. Certify in each Annual 6 P age
C D E F Tasks Aggregate Material and Construction Debris Storage. BMPs (i.e. surface grading, berms, dikes, etc.) shall be implemented for storage of aggregate materials and construction debris including sand, gravel, top soil, road millings, waste concrete, asphalt, brick, block, and asphalt based roofing scrap. Street Sweepings, Catch Basin Clean Out, and Other Material Storage. BMPs shall be implemented for storage of street sweepings, storm sewer and basin clean out materials and other materials collected during road cleanup operations. Such materials must be stored in leak proof containers or on an impervious surface that is contained to control leachate and litter and be removed for disposal within 6 months of placement. Yard Trimmings and Wood Waste Management Sites. BMPs shall be implemented for yard trimmings and wood waste management sites in order to divert stormwater from yard trimming and wood waste management operations and minimizes or eliminates exposure of yard trimmings, wood waste and related materials to stormwater. See Attachment E for info. Roadside Vegetation Management. BMPs shall be implemented for roadside vegetation management including the prohibition of herbicide application on or adjacent to storm drain lets, on steeply sloping ground, along curb lines, and unobstructed shoulders. Herbicides shall only be applied within a 2 foot radius around structures where overgrowth presents a safety hazard and where it is unsafe to mow. Implementation Schedule January 1, 2019 January 1, 2019 January 1, 2019 January 1, 2019 POLLUTION PREVENTION/GOOD HOUSEKEEPING TRAINING PROGRAMS A Municipal Employee Training Program. The training program has been modified to include the following requirements: 1. Require training to be provided to new municipal employees within 3 months of commencement of duties. 2. Provide annual training to municipal employees for the following components: Maintenance Yard Operations, January 1, 2019 New New New New Modified Frequency and recordkeeping requirements have been modified. Documentation Actions Certify in each Annual Certify in each Annual Certify in each Annual Certify in each Annual Maintain records of sign in sheets for training and keep a record in the SPPP. 7 P age
Tasks Implementation Schedule Documentation Actions A B C Municipal Employee Training (Continued) Stormwater Facility Maintenance and general training on the municipality s SPPP. 3. Provide training every two years on the following: Yard Waste Collection Program, Monthly Street Sweeping, Illicit Connection Elimination and Outfall Pipe Mapping, Outfall Pipe Stream Scouring Detection and Control, Improper Waste Disposal Education, Municipal Ordinances, and Construction Activity/ Post Construction Stormwater Management in New Development and Redevelopment. Development/Redevelopment Application Reviewer Training. Ensure that individuals that review development and redevelopment projects for the municipality complete an NJDEP approved training once every five years. Municipal Board and Governing Body Members Training. Ensure that the current Municipal Board and Governing Body Members that review and approve applications for development and redevelopment projects complete the Training Tool on or before July 1, 2018, and new members within 6 months of commencement of duties. Once per term of service thereafter, Municipal board and Governing Body members must review at least one of the tools offered under the Post Construction Stormwater Management website. The Training Tool is posted at www.nj.gov./dep/stormwater/training/htm. January 1, 2019 January 1, 2019 July 1, 2018 Modified Frequency and recordkeeping requirements have been modified. New New Maintain records of sign in sheets for training and keep a record in the SPPP. Certify in each Annual Report Maintain a list of the names and dates that individuals have received training and keep in the SPPP. Certify in each Annual Report Maintain a list of the names and dates that individuals have received training and keep in the SPPP MS4 OUTFALL PIPE MAPPING AND ILLICIT DISCHARGE AND SCOURING DETECTION AND CONTROL A Develop, Update and Maintain an MS4 Outfall Pipe Map. Map should show the location of the end of an outfall pipe (tidal and non tidal), as well as, location and name (where known) of all surface water bodies receiving discharges from those outfall pipes. No change from prior permit requirement. Update Map Annually. Report that the map is current at the end of the year. 8 P age
Tasks Implementation Schedule Documentation Actions B C D E Include Outfall Pipe Map in the SPPP and Provide Outfall Pipe Map to the NJDEP. Electronically submit Outfall Pipe Map to the NJDEP. Electronically submit outfall map via the NJDEP s designated electronic submission service. Stream Scouring Program. Develop, update and implement a program to detect, investigate and control localized stream scouring from stormwater outfall pipes. 1. Visually inspect once every five years. 2. Where localized stream scouring is detected, document and investigate sources of stormwater that contribute to the outfall pipes. a. Take corrective action to reduce stormwater rate or volume if located on municipally owned property. b. If not on municipally owned or operate property, but within the jurisdiction of the municipality, ensure proper operation and maintenance of stormwater facilities. 3. Prioritize, schedule and complete remediation of identified scouring as needed and maintain a record of all actions taken. Illicit Discharge Detection and Elimination Program. Develop, update, implement and enforce an ongoing Illicit Discharge Detection and Elimination Program. 1. Conduct dry weather flow inspections of all outfall pipes once every five years to detect illicit discharges. 2. Investigate sources of dry weather discharge; eliminate illicit connections and document all actions taken. 3. Investigate, within 3 months of receipt, complaints and reports of illicit connections including those from operating entities of interconnected MS4s. January 1, 2019 December 21, 2020 January 1, 2019 New New Modified Modified to require that all outfalls be inspected at least once every five years, which was not required in the prior permit. Modified Modified to require that all outfalls be inspected at least once every five years, which was not required in the prior permit. Certify in each Annual New data points added to the map should be submitted to the NJDEP annually. Electronically submit outfall map via the NJDEP s designated electronic submission service. Certify in each Annual Maintain a log that tracks the number and location of outfall pipes inspected, scouring identified, repairs prioritized, and repairs scheduled or performed. Document investigations and actions using the NJDEP s Illicit Connection Inspection Report Form. 9 P age
Tasks Implementation Schedule Documentation Actions F Ordinance for Illicit Discharge Detection and Elimination Program. Adopt and enforce an ordinance that prohibits illicit connections to the MS4 operated by the municipality No change from prior permit requirement. Keep log of enforcement actions in the SPPP. STORMWATER FACILTIES MAINTENANCE A B Municipally Owned and Operated Stormwater Facilities Maintenance. Develop, update and implement a program that ensures adequate long term cleaning and O&M of all municipally owned and operated stormwater facilities. The program shall: 1. Provide for inspection and maintenance of stormwater facilities pursuant to any maintenance plans, or more frequently as needed, to ensure proper function and operation of each stormwater facility. 2. Certify annually that municipally owned or operated stormwater facilities are properly functioning. 3. Maintain of records that outline the names of stormwater facilities inspected, location of the facilities inspected, name of the inspector, date of the inspection, findings, and description of maintenance performed. 4. Preventative maintenance and corrective maintenance activities. If stormwater facilities are found to be not functioning, preventative maintenance and/or corrective actions shall be prioritized and scheduled. Other Stormwater Facilities Maintenance. Develop, update and implement a program that ensures adequate long term cleaning and O&M of stormwater facilities not owned or operated by the municipality, constructed after February 7, 1984, and not subject to the conditions of another NJPDES stormwater permit. The program shall: 1. Ensure that inspection of the stormwater facilities is performed pursuant to any maintenance plans, or more frequently as needed, to ensure proper function and operation of each stormwater facility. January 1, 2019 Modified Modified to include additional recordkeeping requirements and preventative and corrective maintenance requirements outlined in more detailed as part of this permit. New and Modified Prior permit did not focus on facilities not owned and operated by the municipality. Maintain records of all stormwater facility inspections and maintenance activities in accordance with the permit requirements. Maintain records of necessary upcoming preventative and corrective measures that have been prioritized and scheduled based on the following priority: (a) environmental, health and safety concerns; (b) findings of catch basin/inlet inspections; (c) findings of stream scouring inspections; and (d) findings related to TMDL inspections, if any. Maintain records of all actions taken by the municipality to enforce compliance with long term cleaning and O&M activities, including name of facility, location of facility, name of person taking the action, date of action, and findings. 10 P age
Tasks Implementation Schedule Documentation Actions B Other Stormwater Facilities Maintenance (Continued). 2. Maintain records to demonstrate compliance, including a list of actions taken by the municipality to enforce compliance with the long term cleaning and O&M program. 3. Maintain copies of all maintenance plans for stormwater facilities approved by the municipality and make them available to the NJDEP upon request. January 1, 2019 New and Modified Prior permit did not focus on facilities not owned and operated by the municipality. Maintain records of where maintenance plans are being kept and include reference in SPPP. TOTAL MAXIMUM DAILY LOAD (TMDL) INFO A Incorporate TMDL Information into the SPPP. This includes the following: 1. Annually review approved or adopted TMDL reports to identify stormwater related pollutants associated with any segment of surface water wholly or partially within the borders of the municipality. 2. Utilize TMDL information to prioritize stormwater facility maintenance activities, and identify and develop strategies to address specific sources of pollutants contributing to discharges authorized under this permit, if applicable. 3. Update the SPPP to list information identified from TMDL reports as needed. 4. Incorporate any developed strategies identified as part of step 2 above into the SPPP as an optional measure. January 1, 2019 New ADDITIONAL MEASURES A Additional measures are effluent limitations that are expressly required to be included in the municipality s stormwater permit by a TMDL, a regional stormwater management plan or other elements of an areawide or statewide water quality plan. No change from prior permit requirement. Not applicable. The NJDEP will provide written notice of the adoption of any additional measures to any affected municipality. 11 P age
Implementation Schedule of Statewide Basic s Schedule in Months From EDPA Anticipated Date 2018 Public Notice 0 Local Public Education Program 0 Storm Drain Inlet Labeling Program 0 Post Construction Stormwater Management Program 0 Municipal Stormwater Management Plan and Ordinance 0 Major Development Stormwater Summaries (New) 0 Pet Waste, wildlife Feeding, Litter Control, Improper Waste Disposal, Containerized Yard Waste and Private Storm Drain Inlet 0 Retrofitting Ordinance Street Sweeping Program 0 Storm Drain Inlet Retrofitting 0 Inventory of Materials and Machinery / Good Housekeeping SOP's 0 Fueling Operations and Vehicle Maintenance SOP's 0 Secondary Containment Discharge 0 Onsite Equipment and Vehicle Washing 0 De Icing Material/Sand Storage 0 Outfall Map 0 Illicit Connection Ordinance 0 Municipally Owned & Operated Stormwater Facility Maintenance 0 Update and post current SPPP on Municipal Website 3 April 1, 2018 Post current Municipal Stormwater Management Plan and Ordinance on Municipal Website 3 April 1, 2018 Municipal Board and Governing Body Members Training 6 July 1, 2018 2019 Advertise public involvement of Local Public Education activities 12 January 1, 2019 Aggregate Material and Construction Debris Storage 12 January 1, 2019 Street Sweepings/Catch Basin Clean Out/Other Material Storage 12 January 1, 2019 Yard Trimmings and Wood Waste Management BMPs 12 January 1, 2019 Roadside Vegetation Management 12 January 1, 2019 Municipal Employee Training 12 January 1, 2019 Development/Redevelopment Application Reviewer Training 12 January 1, 2019 Submission of Outfall Map to NJDEP/Include in SPPP 12 January 1, 2019 Stream Scouring Program Update 12 January 1, 2019 Stormwater Facility Maintenance Not Municipally Owned 12 January 1, 2019 TMDL Information Review and Incorporation 12 January 1, 2019 2020 Electronic Submission of Outfall Map Data Points 24 December 21, 2020 2023 Illicit Connection Physical Inspection (100% Complete) 60 January 1, 2023 Catch Basin & Storm Inlet Inspection / Cleaning (100% Complete) 60 January 1, 2023 12 P age