New Jersey Department of Environmental Protection Municipal Stormwater Regulation Program-Large Institutions and NJ Phase II Stormwater Regulations

What Does This Mean? In 1999 EPA enacted Phase II rules Addresses non-point pollution from small and medium MS4s.

MS4s What is a MS4? Stormwater conveyance owned by the State, county municipality or other public entity Designed to convey or collect stormwater Discharges from privately owned facilities (hospitals, colleges) to MS4s are subject to municipal oversite

What are Public Complexes/ Colleges/Universities The Richard Stockton State College Military Bases Naval Weapon Station Earle Prisons Federal Bureau of Prisons Hospitals VA Hospital-Lyons

Municipal (Publically owned MS4s) Stormwater Permits In 2004 issued four permits-Tier A, Tier B, Public Complexes and Highway Agencies Renewed in 2009 Comply with permits: in compliance with EPA’s Phase II rules EPA’s Six Minimum Standards were put into permits as Statewide Basic Requirements (SBRs) Must submit Annual Report and Certification (AR&C) to show compliance

SBRs- Stormwater Program Post-Construction Stormwater Management in New and Re-development Local Public Education (for Colleges, universities, and military bases Improper Disposal of Waste Illicit Connection and MS4 outfall pipe mapping Solids & Floatables Control Maintenance Yard Operations Employee training Construction Site Stormwater Runoff Control Public Notice Stormwater Program Required to develop and implement a stormwater water program to reduce pollutants from their Municipal Separate Stormwater Sewer (MS4) Create a Stormwater Pollution Prevention Plan (SPPP)

Annual Report NJ Regulatory Service Portal Tutorial Entity Stormwater Coordinator http://www.njdeponline.com/ first then link to http://www.nj.gov Tutorial http://www.nj.gov/dep/dwq/msrp_home.htm

Post-Construction in New and Re-development Permits were finalized 2004 and incorporated Stormwater Management Rules (N.J.A.C.7:8) for projects that were funded after 2004 Public Complexes are self regulating

Post Construction Stormwater Control For any development over 1 acre Public Complexes are self-compliant, must complete and submit stormwater checklist For every project subject to 7:8 Must complete design checklist for every project http://www.njstormwater.org/public_complex/pdf/PC%20Checklist.pdf With every Annual report and Certification must submit summary checklist of all projects can be found at DEP-Online

Additional SBRs Local Public Education Street Sweeping Disposal of Waste Illicit Connection and Elimination and MS4 Outfall Pipe Mapping Solids and Floatable Control Street Sweeping Storm drain Inlet Retrofitting Stormwater Facility Maintenance

Privately Owned Facilities What are your responsibilities? Maintenance of your Stormwater facilities Municipal Approval of Major developments on-site What is major Development? Disturbance of 1 acre or more Increase of impervious by more than ¼ acre Disturbance= placement of impervious surface Exposure and/or movement of bedrock Clearing, cutting or removing vegetation

What happens if my project is a major development? Design and Performance Standards (N.J.A.C.7:8-5) Photo courtesy of Camden SMART Nonstructural stormwater management strategies Groundwater recharge Stormwater Quantity Stormwater Quality In many case, Green Infrastructure meets most of the design and performance standards

So Who Reviews It? Private Entities Public Complexes and Highway Agencies Private Entities Obtain Local Approvals Regulated Area; review by Division of Land Use Regulation and Municipal Engineer Any Stormwater basin (Including GI) on a major development will be reviewed by the municipal engineer Must Obtain a 251 Plan from the Local Soil Conservation District (Except NJDOT) Self Certifying Must Complete Post Construction Design Checklist Send in Summary Sheet of all projects with your AR&C

Nonstructural Strategies Mandatory for every major development 1st consideration to address performance standards Must be maximized on-site Land must be deed restricted to maintain strategy

How GI meet this requirement? Photo courtesy of Camden SMART Nonstructural strategies intended to maintain or mimic the natural hydrology Green Infrastructure: Manages runoff close to where it is generated Dispersed throughout site Uses vegetation or soils to treat runoff

Ground Water Recharge How does GI meet this requirement? Maintain existing (100%) average annual ground water recharge GI is often designed to infiltrate allowing ground water recharge GI dispersed throughout site Allows recharge to be distributed, as in a natural condition Less ground water mounding Or Infiltrate the increase in the 2-year storm

Ground Water Recharge Urban redevelopment Area PA1, State Plan centers and Nodes, UEZ No recharge required on previously developed portions of the site Recharge is required if woody vegetation is re-established Recharge is required if a portion of the site was never disturbed Beware of Urban Soils But I don’t have good soil, Or I’m close to bedrock. Now what? Recharge amount based on difference between existing and proposed condition Urban redevelopment area exemption Contaminated site prohibitions High pollutant loading, stormwater exposed to source material-NO automatic exemption for the entire site

Stormwater Quantity Tidal Flood Hazard Area Exemption Post-development hydrograph not to exceed pre-development hydrograph for 2-,10-and 100 year storms Maintain peaks for above and demonstrate no downstream impacts with full development of drainage area Reduce the post-construction peaks for the above to 50, 75, and 80% of pre-construction rates Tidal Flood Hazard Area Exemption In tidal flood hazard areas, quantity control is only required if the increased volume could increase flood damages below point of discharge Use FEMA flood maps Discharge into combined system should be analyzed

Does Green Infrastructure Meet Quantity Control? Photo courtesy of the Rutgers Cooperative Extension In general, GI is not intended to directly meet this requirement Small, frequent storm events Treat runoff close to source Pervious pavement is the exception

Manufactured treatment Devices Dry Wells Legend Porous Pavement Basin Bioretention Swales Basins

Low Impact Development vs Traditional Traditional design Route GI upgradient Of quantity basin LID design

GI Indirectly Addressing Quantity Traditional design inflow runoff peak flow 35 cfs @ 12.26 hours (Basin A) inflow volume 5.157 acre-feet (Basin A) LID design 4.883 acre-feet (Basin A) Reduce size of Downstream flow Simplify Design

Reduce post-construction TSS load by 80% Stormwater Quality Reduce post-construction TSS load by 80% Applies at the increase in the impervious of ¼ acre Applies only to runoff from impervious surfaces Reduce nutrients To the maximum Extent possible

How Does GI Meet this Requirement? NJ BMP Manual Chapter 9 Includes a number of GI practices To receive adopted TSS removal rate, GI must be designed in accordance with design criteria Alternate designs must be submitted to DWQ GI intended to manage 1.25 “ Water Quality Design Storm and below

Here’s How GI Stacks Up 50-90% TSS removal 30-60% TP removal 30-50% TN removal

Green I infrastructure Exemptions Linear Development Exemption Underground Utility Above ground Utility Public Pedestrian Access-providing it constructed of permeable material and maximum width of 14’ NJPDES Exemption TSS reduction does not apply to runoff regulated under a NJPDES permit with TSS limit If runoff is confirmed to discharge into a Treatment plant

Linear Development Waiver Exemption from strict compliance with the design and performance standards: Widening of an existing roadway Widening of an existing railroad Construction/widening of a public pedestrian access

What about Maintenance? Public Complex: Self complying-required for all SWFs on a major development Maintenance plans must make sense to maintenance staff Must be maintained as designed Private Entities: Required on all SWFs on a major development Must include name and contact of responsible party Must include specific tasks, schedules and costs estimates Must be included on deed Must make sense and be available to maintenance staff

New Jersey Department of Environmental Protection Division of Water Quality Bureau of Nonpoint Pollution control Matthew Klewin-Environmental Specialist matt.klewin@dep.state.nj.us 609-292-0407