John Tinger U.S. EPA Region IX “Stormwater 101” John Tinger U.S. EPA Region IX

Overview of the Clean Water Act Federal Water Pollution Control Act of 1972, amended 1977 Established NPDES, pretreatment and construction grants programs Permits are a privilege, not a right Effluent limits must be both technology and water quality based Established significant penalties for violations States may obtain authority for administering programs 1987 – added Section 402(p) to CWA covering stormwater

Overview of the Clean Water Act All “point sources” “Discharging a pollutant” Into a “Water of the U.S” >>>>Must obtain a NPDES (National Pollutant Discharge Elimination System) Permit

What is a Point Source ? Point Source Discharge though a discrete conveyance into waters of the US Industrial facilities Sewage treatment plants Stormwater from industrial sites and storm sewers Non-point source Runoff that is not a point source

What is a Pollutant ? Conventional BOD, TSS, pH, Oil and Grease, Fecal Coliform Toxic List of 129 priority pollutants: Includes heavy metals, dioxins, PCBs, PAHs, pesticides Non-conventional Ammonia, chlorine, toxicity, temperature, trash

What is a Water of the U.S ? All waters currently used, used in the past, or susceptible to use for interstate commerce including all waters which are subject to the ebb and flow of the tide Includes: Rivers, lakes and streams Tributaries Territorial seas Wetlands Ephemeral washes

Types of Permits Individual 1 permit issued for an individual facility or municipality Site specific General NPDES authority issues one permit Used to cover same or similar operations Facilities/municipality applies for coverage Facility/municipality submits Notice of Intent Compliance measures

Basic Components of a Permit Effluent Limitations Technology based standards Establish national, minimum level of control for a type of discharge “Level playing field” “MEP” – Maximum Extent Practicable Water Quality based standards Protect water quality of receiving water Designated uses (drinking water supply, recreation, aquatic life)

Basic Components of a Permit (continued) Monitoring Requirements Wastewater sampling Reporting requirements Special Conditions Best Management Practices Compliance schedules Standard Conditions

Permit Issuance Process General Permit General Permit drafted Proposed & Public comment Final – applicability, requirements Permittee decides if coverage applicable – submits NOI Permittee may request individual permit Compliance Individual Permit Permittee submits application Draft permit prepared/negotiated Proposed & public comment Final permit issued

Why Regulate Stormwater ? 2000 National Water Quality Inventory Oceans – 14% of shoreline impaired Bacteria; Low Oxygen; Turbidity Rivers and Streams – 39% impaired Pathogens; Sediment; Habitat Alterations Lakes – 45% impaired Nutrients; Metals (primarily mercury); Sediment Estuaries – 51% impaired Metals (primarily mercury); Pesticides; Low Oxygen

Types of Stormwater Permits Phase I Nov 16,1990 Industrial sites Construction >5 acres Municipalities > 100,000 population 9th circuit court decision 1992 Phase II December 8,1999 Small Municipalities & construction 1 to 5 acres 9th circuit decision January 2003

Types of Stormwater Permits Industrial facilities (Multi-Sector General Permit, MSGP) 40 CFR 122.26(b) 11 categories of industrial activities – includes manufacturing, landfills, hazardous waste treatment, salvage yards. Covers maintenance yards, material storage areas, shipping and receiving areas. Basic Requirements Submit Notice of intent Prepare Stormwater Pollution Prevention Plan (SWPPP) Establish Best Management Practices Monitor discharge

Types of Stormwater Permits Construction – minimize erosion and sediment discharge from construction sites Phase I – construction disturbing > 5 acres Phase II - construction disturbing 1-5 acres Waiver available Basic Requirements Submit notice of intent Prepare Stormwater Pollution Prevention Plan (SWPPP) Best Management Practices

Types of Stormwater Permits Municipal Separate Storm Sewer Systems (MS4) Phase I – Large municipalities > 100,000 population Requirements Stormwater Management Plan (SWMP) Reduce discharge of pollutants to MEP Program Management Identify outfalls, land use, pollutant loadings, waterbodies and impacts, source of pollutants

Large MS4 Requirements (continued) Eliminate illicit connections Construction New development controls Industrial/Commercial facilities Municipal Facilities Public information and participation Program evaluation

Types of Stormwater Permits Phase II - Small MS4s in urbanized areas (according to US census) Requirements “six minimum measures” Illicit connections Construction Post-construction Municipal facilities Public involvement Public education

Questions ?