Summit County MS4

What is an MS4? MS4 - Municipal Separate Storm Sewer System 7.30. "Municipal separate storm sewer system" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) pursuant to paragraphs R317-8-1.6(4), (7), & (14), or designated under UAC R317-8-3.9(1)(a)5: 7.30.1. that is owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to State Law) having jurisdiction over disposal of wastes, storm water, or other wastes, including special districts under State Law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the CWA that discharges to Waters of the State; 7.30.2. that is designed or used for collecting or conveying storm water;   7.30.3. which is not a combined sewer; and 7.30.4. which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.

In Short… Any Water Conveyance not associated with a Sanitary Sewer

Utah Department of Environmental Quality Background How did we get here? EPA Clean Water Act NPDES Utah Department of Environmental Quality UPDES Summit County MS4

Clean Water Act The Clean Water Act was adopted by the United States Congress on 1977 The Environmental Protection Agency (EPA) was created to enforce the Clean Water Act rules EPA created a national program under Section 402 of the Clean Water Act was created: the National Pollutant Discharge Elimination System (NPDES)

UPDES Utah Pollution Discharge Elimination System EPA Region 8 The Division of Water Quality Main Office located in Salt Lake City, UT DWQ manages the compliance with the UPDES Permit with: Local Agencies (MS4s Phase I and II) Private Business/Industries

Permitting 3 types of State Permits Who Enforces each Permit? MS4 Permit Given to Designated MS4’s Construction General Permit Land Disturbance Greater than 1 Acre Industrial Sector Permits Private Sector Manufacturing Land Fill Summit County State DEQ

What is the MS4 Program? Phase I of the NPDES Storm Water Program Began in 1990 Applied to large and medium Municipal Separate Storm Sewer Systems (MS4) Applied to 11 industrial categories including construction sites disturbing five acres of land or more. Phase II of the NPDES Storm Water Program Started on March 2003 Applies to additional MS4s and construction sites disturbing equal to or greater than one but less than five acres of land. Populations Under 100,000 people Located close to an urbanized area Direct discharge to Waters of the State

What is the MS4 Program? Compliance with the UPDES Permit Summit County Permit # UTR090074 Creation of Storm Water Management Plan (SWMP) 6 Minimum Control Measures (MCM) Enforcement of Federal and State Clean Water Acts Improve Water Quality

6 Minimum Control Measures Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Construction Site Runoff Control Long Term Storm Water Management in new Development and Re-Development Pollution Prevention/ Good Housekeeping

1. Public Education and Outreach MCM Informational Brochures Training for General Public and Contractors Current Efforts Information on Waste Collection and Hazardous Waste Disposal Informational Videos Water Festival

2. Public Involvement and Participation MCM Public Input on the SWMP Service projects and Signage throughout the County Current Effort Household Waste Collection Hazardous Waste Disposal

3. Illicit Discharge Detection and Elimination MCM Enforcement of Illicit Discharge Ordinance (SC Ord. 519) Map Storm Drain System Spill tracking and Public Reporting Hotline Current Efforts Mapped Storm Drain System Enforcement of Ordinance

4. Construction Site Runoff Control MCM Construction Site Inspection and Enforcement Contractor Education Current Efforts Monthly and Bi-Weekly inspections Enforcing the Utah General Construction permit for sites >1acre or part of Common Plan of Development <1 acre created after 1992

5. Long Term Storm water Management in New Development and Re-Development MCM Mimic Pre-Development Site Conditions Reduce Impact of Development on water quality Current Efforts Existing ordinance has storm water retention and water quality standards

6. Pollution Prevention/ Good Housekeeping MCM Inspection and Maintenance for county owned facilities. Develop maintenance schedules Inspection and Enforcement of Businesses Current Efforts Sweeping and Catch Basin cleaning Inspecting County Owned Facilities

Reporting and Record Keeping Annual Report Submitted to state Every October Copy of Current SWMP

Non Compliance

Fine and Penalties “The Act provides that any person who violates a Permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates Permit conditions or the Act is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under UCA 19-5-115(2) a second time shall be punished by a fine not exceeding $50,000 per day.”

EPA/ DWQ Audits - penalties Non-compliance with the Corrective Action Notice carries a fine of $11,000.00 per day per violation Non Compliance with the Corrective Action Notice could include criminal prosecution for individuals PER EPA AND DWQ: LACK OF RESOURCES IS NOT AN EXCUSE!

Fines Assessed MS4 Contractors/ Businesses Salt Lake County $280,000 Issued by EPA Herriman City Estimates $400,000 BY DEQ Contractors/ Businesses Current EPA Fines for Contractor in Summit County is $300,000+

Challenges For Summit County Land Area 1800 Sq. Mi. Weber county 576 Sq. Mi. Davis County 634 Sq. Mi. Salt Lake County 807 Sq. Mi. Outfalls 300+ Part time Population Scattered areas of incorporated Cities Impaired Water Bodies

Challenges For Summit County Number of Active Large Construction sites 30 New Projects Each year Staff Time and Resources Task Hours Per Year SWPPP Inspections   1,487 Post Construction Inspections 144 Pre Construction Meetings 30 County Owned Facilities Inspections 150 Dry Weather Screening and Sampling 528 Public Outreach and Education 59 Illicit Discharge Detection and Elimination Investigations 24 2,422

Utah Store Water Advisory Committee USWAC Utah Store Water Advisory Committee Monthly Meeting with: MS4’s from around the State State DWQ Staff Presenters from local organizations and Universities Nestor Gallo former Chair of USWAC

End Goal Improve run-off water quality Reduce and Reverse detrimental affects of human activity on receiving waterbodies Reduced Long term impacts of Development

Low Impact Development Low Impact Development (LID) Aimed at Green Building Practices to reduce off site storm water discharges Retention and reuse of water Reduction in Impervious surfaces Infiltration on-site 90th percentile Storm - .6” in 24 hours

Low Impact Development Summit County Ordinance 381-A adopted 2004 On-site Retention standard of .5” Water Quality standard for TSS Removal Pre-development discharge standard