Stormwater Regulations and Programs Law Permits Watershed Programs Information available at

Stormwater Precipitation runoff –Runoff contacts roofs, walks, streets, vegetation, roads, and earth –Runoff washes off pollutants –Pollutants also dissolved in precipitation

Sediment Typical Pollutants Hydrocarbons Trash and Debris Nutrients Metals

Typical Concentrations PollutantStormwater a Wastewater b TOC (mg/L) Bacteria, MPN/100mL TSS (mg/L) Total-N (mg/L)340 Source: a: 1985 Caltrans Discharge Characterization Report (2003), b: Water Quality (Tchobanoglous and Schroeder), and c: Basin Plan Objectives for various beneficial uses (Central Valley Regional Water Quality Control Board)

Clean Water Act (federal) Goals: Protecting beneficial uses –Protect fish, shellfish, and wildlife –Protect receiving waters for contact recreation –Prohibit discharge of toxic pollutants National Pollutant Discharge Elimination System (NPDES) permit required –NPDES is the permitting system used for stormwater and point source discharges

Porter Cologne Act (CA) Regional Boards Establishes Regional Water Quality Control Boards Enforces the NPDES system in CA

Construction Industrial Municipal Stormwater Permits Permits require the use of Best Management Practices (BMPs)

BMPs Non-structural (usually source controls) –Public education –Erosion control –Good housekeeping –Pollution prevention practices related to landscaping, lawn care, vehicle washing, pet waste, street and parking lot cleaning Structural (treatment): detention basins, sand filters, etc.

Construction Permit Statewide construction permit (permits not usually specific to region or site) For all projects that disturb more than one acre Must file Notice of Intent (NOI) with Regional Board Must prepare a Storm Water Pollution Prevention Plan (SWPPP) Implement BMPs

SWPPP Define project Map extent of disturbances & discharge points List pollution prevention measures (BMPs) –Entrance/Exit controls –Erosion control (e.g. slope stabilization, silt fences) –Treatment (e.g. retention and sedimention basins) –Source Controls (e.g. covering materials, concrete wash-out areas)

Slope Stabilization Erosion Control - Hydroseeding

Silt Fence

Drain Inlet Protection

Straw Wattles

Industrial Statewide permit available, but individual permit may be required under certain circumstances –e.g., Sensitive water body Industry-specific permits possible (unique or common problem) –e.g. hydrocarbons from auto dismantlers File NOI SWPPP required

Applicable Facilities Any facility where “industrial” materials are exposed to stormwater –Manufacturing facilities –Steam power generation –Resource extraction (mining) –Hazardous waste storage and handling –Landfill and recycling facilities –Transportation maintenance yards

Example BMPs: Covered Storage Temporary covers difficult to use Better

BMPs: Secondary Containment Better Note: Uncovered containment will fill with stormwater

Municipal Separate Storm Sewer System (MS4) Phase I: populations greater than 100,000 Phase II: just about everyone else, some discretion with the Regional Boards Storm Water Management Plan (SWMP) required

Minimum SWMP Programs Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Good Housekeeping and Source Control for Municipal Operations (e.g. street sweeping) Construction Program Management… Post-Construction Stormwater Management…

Post Construction BMPs Detention Basin

Post Construction BMPs Sand filter Sedimentation Filter

Post Construction BMPs Biofiltration strip and Infiltration Trench

What is good enough? Stormwater usually has no directly enforced numeric standards –Different from wastewater regulation Federal Clean Water Act says “shall require controls to reduce the discharge of pollutants to the maximum extent practicable….”

Iterative Approach Implement Program Revise SWMP according to success or failure Evaluate Success Develop Performance Standards (in SWMP)

What MEP isn’t … Infeasible technology Technology where costs greatly outweighs pollution control benefits Technology whose implementation would violate legal and institutional constraints (from various court cases)

When MEP isn’t good enough … Most permits have language that prohibits the discharge of stormwater that “causes or contributes to exceedances of water quality objectives” –Standards to protect beneficial uses

Recent examples: 6 days in jail and $1,000 fine for an excavator that didn’t have a permit to work near a creek near Sebastopol. Property owner must restore the site. Six L.A. auto dismantlers face criminal charges for not having SWPPPs. So what happens to violators?

Who does this affect? Civil engineers doing … –Public works –Transportation –Site development –Modifications to existing infrastructure