What Works (And What Doesn’t Work) in Permitting and Enforcement U.S. EPA Tetra Tech, Inc

Overview of Presentation WHY we care about storm water HOW we’re evaluating our programs Municipal Industrial WHAT we’re discovering What this means for YOU Permits Inspections/Outreach

Why We Care 80% of Californians live within a 30 minute drive of the coast Beach usage is higher in CA than in other 49 states combined (U.S Lifeguard Assn.)

Why We Care 700 waterbodies on CA’s impaired list 400 are from, or suspected to be from, urban sources of pollution Evaluations have generally found that public education programs are being implemented.

Why We Care What are Urban Sources? As water/snowmelt moves across the built landscape it picks up pollutants… Household sources such as Fertilizers/pesticides/other Trash/animal waste Industrial sources such as Auto dismantlers Metal finishers Restaurants

How We’re Figuring It Out MS4 (Municipal Separate Storm Sewer System) Audits Talk to the Cities, Counties, and Towns that are covered under municipal storm water permits Industrial Storm Water Permittee Inspections Talk to the businesses that are covered under the industrial activities storm water permit

Municipal Permit Evaluation Project

Municipal Permit Evaluation Project In 2001, EPA hired Tetra Tech to assess compliance status of certain MS4s in California Project funded by State of California and managed by EPA Region 9 Will assist effort to determine the effectiveness of storm water programs and permit compliance What is the MS4 project and how did it get started? 1 – This is a project that EPA and the state have been working on together w/the main objective of determining MS-4 compliance statewide. 2 – the CA project is part of a nationwide…explains Reno and PHX reviews 3 – one factor that prompted EPA to focus on MS4 programs…GAO rpt In report on EPA's storm water program,GAO concluded that better data and evaluation of urban runoff programs is needed in order to assess the effectiveness of the program. -specific recommendations - --establish measurable goals for the program. -- establish reporting guidelines in order to obtain useful and reliable data -- review data submitted to determine whether program goals are being met -- identify costs of storm water program

Municipal Project - Goals Obtain picture of Municipal compliance Identify common areas of deficiency, showing what areas are not working Train State staff on conducting Municipal audits Document effective elements of existing Municipal programs Help define “adequate program” 1 - - 2 - to assist other Phase 1 cities still getting up to speed with the program, as well as Phase 2 cities just starting program development 3 -- cost accounting, report preparation, make improvements to the submittal aspects of the MS-4 program ***PAUSE*** 4– main goal of the project is to end up with guidance document to assist state inspectors in conducting MS-4 evaluations. Guidance being prepared as we go through the process - - 5 -- what constitutes an adequate MS-4 program? What is our baseline?

Municipal Project - Objectives Overall baseline assessment of most program areas Use an in-field verification to determine compliance with permit, federal requirements, and SWMP Screening tool for identification of specific program areas requiring further investigation Collect information for permit reissuance to determine MS4 compliance, we need to evaluate individual programs. Wrt the MS4 evals - identified several goals/objectives we would like to achieve… 1 - - Big picture evaluation…unlike the detailed inspections… does the MS4 have the infrastructure necessary to run a good program? 2 - is the MS-4 complying with the permit? Does the permit/program contain the minimum federal requirements? Wrt to plan - - is the MS-4 doing what the plan says they will do? 3 - - while this is a big picture evaluation, it’s possible that areas of deficiency will be identified generally during the review that may be targeted for a more in-depth, focused inspection in the future. 4 - - collect… 5 - - determine…

Municipal Project - Logistics Municipality notified 3-4 weeks prior to the evaluation Review the annual report, Storm Water Management Plan (SWMP), correspondence Selection of program areas for review 3-4 days to complete evaluation (including in and out briefings) How do we prepare for an evaluation? What can the MS4 program expect?

Municipal Project – Reports and Follow-up Detailed report is generated in 2-3 weeks for EPA and Regional Board review Potential permit violations, program deficiencies, and positive attributes are identified Cover letter requesting a written response from the evaluated Municipalities Report findings used to focus additional reviews

Industrial Storm Water Permittee Evaluation Project

Industrial Storm Water Permittee Evaluation Project Over 1100 industrial inspections conducted by Tetra-tech since 2001 300 more during current state fiscal year

Industrial Project - Logistics Up to 10 inspectors per field week. Each inspector averages two inspections per day, including report and photo log writing. The team averages up to 64 inspections per week.

Industrial Project - Logistics Review the facility file and annual report(s) prior to the site visit. Review required storm water paperwork (Storm Water Pollution Prevention Plan (SWPPP), Monitoring Plan, Sample Results). Copy Best Management Practice (BMP) list from SWPPP, if possible.

Industrial Project - Logistics Perform a yard inspection. Compare SWPPP BMPs with yard conditions and identify other items that require additional BMP implementation. Take photos of all potential violations as well as a “general” yard view. Discuss the inspection results with the facility representative. The exit interview should cover all identified potential violations. Write the inspection report and photo log on the day of the inspection.

Industrial Project - Reports Innovative report writing Tetra-tech developed a Microsoft Access Database Standardizes data entry for paperwork review and inspection findings Prints standardized inspection reports

What We Discovered Municipal Permit Evaluation Project Common Strengths Common Deficiencies Overall Program Status Industrial Storm Water Permittee Evaluation Project Overall State of Compliance

Municipal Project - Results Program Successes Permit requirements for new development post-construction controls have started to change development approval process Public Education and Outreach Programs Dedicated Sediment and Erosion Control Inspectors

Municipal Project - Results Program Successes (cont.) Increased level of awareness of construction operators Street sweeping, system maintenance, and spill response Increased amount of information sharing and combining resources

Municipal Project - Results Program Deficiencies Illicit Discharge Programs are largely reactive Building Inspectors not trained to do storm water inspections (construction) Frequency of construction inspections is not high enough to ensure compliance

Municipal Project - Results Program Deficiencies (cont.) Permits and SWMPs do not contain measurable, enforceable elements Programs are not evaluating data Are therefore reluctant to modify programs Programs are not designed to specifically address pollutants of concern

Municipal Project - Results Program Deficiencies (cont.) Municipal Yards Difficulty in implementing commercial/industrial programs

Industrial Project – Results Facility Ranking Scale 1 - Identified yard violations threaten human health and environment, high priority for a follow-up inspection by RWQCB inspectors. 2 - Paperwork and minor yard violations, identified violations could be dealt with by issuing an NOV letter requesting updated paperwork and/or photo documentation of changed yard conditions be submitted to the RWQCB within a specified period of time. 3 - Facility is generally in compliance, minor paperwork violations or no observed violations, no follow-up contact needed at this time. * - Facility visited but not inspected.

Industrial Project –Results Facility Rankings* * Does not include 102 Region 4 re-inspections

Industrial Project - Results The facilities only represent those that have applied for coverage California estimates that the non-filer rate may be as high as 50%

Los Angeles RWQCB Facility Re-Inspections (Results from inspecting the same facilities twice, the second inspection occurred after the facility received a non-compliance notice.)

Facility Reinspection Photos 11/27/01 6/3/02

Facility Reinspection Photos 12/13/01 6/4/02

Facility Reinspection Photos 11/29/01 6/4/02

Lessons Learned Regulators must write good permits Permits should specify What needs to happen Who needs to do it How much they need to do When they need to get it done

Unenforceable Examples “The permittee shall demonstrate compliance with this Order through the timely implementation of control measures and other actions to reduce pollutants in discharges to the maximum extent practicable in accordance with their SWMP…” “Structural controls for water quality improvements are considered for inclusion in site drainage plans, storm drain projects, and flood control projects where applicable.” Underline added for emphasis.

Measurable Goals Ventura County: Requires development of a model SWPPP for corporation yards; all permittees implement minimum requirements in model by DATE; and permittees conduct annual inspections of yards. Long Beach: All catch basins will be inspected and cleaned one time between May 1 and Sept. 30 of each year.

Lessons Learned Permitting and compliance/enforcement are directly related Enforceable language is clear to permittee and regulator Without specific performance measures, almost any activity could be deemed to meet permit requirements Education and Outreach pay off Construction Industrial

Questions? EPA Contacts John Tinger Jeremy Johnstone Ellen Blake Tetra Tech Contacts John Kosco Wes Ganter Rob Naeser