CLEAN WATER ACT AND MUNICIPAL STORMWATER CALIFORNIA STORMWATER WORKSHOP David W. Smith, Manager NPDES Permits Section EPA/Region 9

Water quality goals, Discharge permits, Funding Permitting required for most point sources, including municipal, industrial, and construction stormwater Performance and outcome-based requirements Most states authorized to run permit programs Municipalities principally responsible for urban runoff CWA AND NPDES OVERVIEW Clean Water Act

Any discernible, confined, and discrete conveyance CWA AND NPDES OVERVIEW Point Source ► Early focus on wastewater ► Recent focus on stormwater

NPDES PERMIT TYPES Individual: - One permit for one facility - ~ 47,000 individual permits nationally Group: Covers group of permittees (e.g. L.A. municipal stormwater permit covers 80+ communities) General: - On permit applies to a class of dischargers (e.g. construction sites greater than 1 acre) - ~650,000 facilities covered nationally

STORMWATER PROGRAM 5 MS4

Stormwater Impacts 2 Major cause of water pollution in urban areas Causes half the beach closures/advisories in the U.S. Contributes to urban flooding risk Affects downstream drinking water quality

Municipal Stormwater Program: General Requirements 7 Stormwater management plans to protect our waters Public education & outreach Public involvement/ participation Illicit discharge detection & elimination Post-construction site runoff control Construction runoff control Pollution prevention/good housekeeping Controls for specific pollutants impairing downstream waters (like bacteria, metals, organics, nutrients) The 6 Minimum Controls

Traditional Approach Get rid of stormwater as fast as possible Manage peak flows for flood control with hard sided channels 8 Changing the Paradigm of Stormwater Management Newer Approach View stormwater as a resource Slow down the flow, allow to infiltrate Reduces pollutant loads to waterbodies Reduces flooding “Green Infrastructure”

TOTAL MAXIMUM DAILY LOADS (TMDLS) AND PERMITS - Pollutant control plans to restore water quality - Evaluate pollutant sources and allocate responsibilities for controls - Guides permit requirements and nonpoint controls ’s of TMDLs developed nationally since Now being incorporated in stormwater permits

NEW DIRECTIONS IN STORMWATER PERMITS Water Quality Based Requirements - Based on TMDLs, other WQ concerns Clearer, More Enforceable Requirements Alternative Compliance Paths - Robust long term control plans in exchange for long-term schedules, enforcement shield Performance-Based Requirements - Rainfall capture as surrogate for pollutant removal Improved Monitoring and Tracking

CWA RELATIONSHIP TO STATE REQUIREMENTS - California’s Porter-Cologne Act preceded and aligns closely to Clean Water Act - Porter-Cologne creates stronger authorities to address nonpoint sources, ground water quality - State procedural requirements are complex and time-consuming - State and Regional Boards share NPDES implementation authority in CA

David W. Smith Websites: Stormwater Listserv: Greenstreams: To join greenstream, an EPA listserv featuring updates on green infrastructure publications, training, and funding opportunities, send an to Green Infrastructure Thank You!