RIPDES Storm Water Program: Municipal Separate Storm Sewer Systems (MS4s)

Who is Regulated under Phase II? Rule 31(a)(5) n Municipalities are automatically designated if their small municipal separate storm sewer system (MS4) is located either completely or partially within an urbanized area (UA) or densely populated area (DPA) n Federal, State, and Quasi-State facilities serving an average daily population of equal to or greater than 1,000 persons regardless of location n Department of Transportation (DOT) MS4s in UAs, DPAs, and areas qualifying as divided highways n MS4s designated on a case by case basis

What is an MS4? What is an MS4? Rule 31(b)(8) Rule 31(b)(8) A municipal separate storm sewer system (MS4) is: A conveyance or system of conveyances... owned by a State, city, town, or other public entity that discharges to waters of the U.S. and is: A conveyance or system of conveyances... owned by a State, city, town, or other public entity that discharges to waters of the U.S. and is: –designed or used for collecting or conveying storm water –not a combined sewer –not part of a Publicly Owned Treatment Works (POTW)

What is a “small” MS4? Rule 31(b)(17) Rule 31(b)(17) A small MS4 is any MS4 that is not already designated and regulated as a medium or large MS4, and includes Federally, State and Quasi-State operated systems.

Urbanized Areas Rule 31(b)(20) Rule 31(b)(20) A central place (or places) and the adjacent densely settled surrounding territory that together have a minimum residential population of 50,000 people and a minimum average density of 1,000 people/square mile.

EPA Requires RIPDES to Develop Designation Criteria EPA’s recommended criteria: n High population density n High growth or growth potential n Discharge to sensitive waters n Contiguity to an urbanized area n Significant contributor of pollutants to waters of the U.S. n Ineffective protection of water quality by other programs

Densely Populated Area Rule 31(b)(21) & (b)(22) n Based on census designated places (CDPs), which are comprised of densely settled concentrations of population and are delineated by the U.S. Bureau of Census. To qualify as a DPA: n Population within CDP is = or > than 1,000 people per square mile; and n The CDP has or is part of a block of contiguous CDPs with a total population of at least 10,000 people.

Map of UAs, DPAs, and Divided Highways

Sensitive Waters Rule 31(b)(23-25) Rule 31(b)(23-25) Small MS4s must be protective of Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and Impaired Waters Statewide. n Regulated Small MS4s partially located within UAs or DPAs need to expand coverage throughout the jurisdiction in 2nd permit term or demonstrate adequate protection of these resources n Small MS4s located outside of UAs or DPAs need to demonstrate adequate protection of these resources or apply for permit

Waiver under Rule 31(g)(5)(i) (available to 5 communities) –The small MS4 has a population of less than 1,000 within an UA or is located within a DPA –The small MS4 is not contributing to the pollutant loadings of a physically interconnected regulated MS4 –If the small MS4 is discharging to an impaired water body, storm water controls are not needed based on a TMDL that addresses the pollutants of concern –If the small MS4 is discharging to an impaired water body and no TMDL has been completed, small MS4 required to submit plan to develop and implement minimum measures 1,3, and 6.

–The small MS4 is located within jurisdiction with UA’s or both UA’s and DPA’s that have a population of less than 10,000 –The small MS4 evaluated all waters that receive a discharge from the small MS4 –The small MS4 has demonstrated that storm water controls are not needed based on a TMDL or equivalent analysis that addresses the pollutants of concern –The small MS4 has demonstrated that future discharges will not impact water quality. Waiver under Rule 31(g)(5)(ii) (available to 7 communities)

Small MS4s located outside urbanized areas and densely populated areas, or previously waived and that discharges to SRPWs, ONRWs, or Impaired Waters will be required to obtain a permit unless: Small MS4s located outside urbanized areas and densely populated areas, or previously waived and that discharges to SRPWs, ONRWs, or Impaired Waters will be required to obtain a permit unless: –Provide coverage for all SRPWs, ONRWs, or impaired waters –Demonstrate that existing and future discharges from the MS4 do not have the potential to result in water quality impacts including habitat and biological impacts Waiver under Rule 31(g)(5)(iii) (available to 8 communities)

Program Requirements Rule 31(e)(3) Required to develop, implement and enforce a program to: –Reduce the discharge of pollutants to the maximum extent practicable (MEP) Six Minimum Control Measures –Public Education and Outreach –Public Involvement/Participation –Illicit Discharge Detection and Elimination –Construction Site Runoff Control –Post-Construction Runoff Control –Pollution Prevention/Good Housekeeping

Public Education and Outreach Requirements: n Implement a public education program to distribute educational materials in the community or conduct equivalent outreach activities regarding impacts and pollution prevention n Determine appropriate best management practices (BMPs) and measurable goals

Public Involvement /Participation Requirements: n Comply with applicable State and local public notice requirements n Determine appropriate best management practices (BMPs) and measurable goals

Illicit Discharge Detection and Elimination Requirements: n Develop a storm sewer map, showing the location of all outfalls and the names and location of all waters of the State that receive discharges from those outfalls n Develop ordinances or other regulatory mechanisms to prohibit non-storm water discharges into the MS4 n Ensure program can take appropriate enforcement actions

Illicit Discharge Detection and Elimination Requirements (continued): n Develop and implement a plan to detect and address non-storm water discharges, including illegal dumping into the MS4 n Educate public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste n Determine appropriate best management practices (BMPs) and measurable goals

Construction Site Runoff Control Requirements: n Develop and ordinance or other regulatory mechanism (with penalties to ensure compliance), that requires the implementation of proper erosion and sediment controls, and controls for other wastes n Procedures for site plan review site of construction plans that consider potential water quality impacts as well as site inspection and enforcement of control measures

Requirements (continued): n Establish procedures for the receipt and consideration of information submitted by the public n Determine appropriate best management practices (BMPs) and measurable goals Construction Site Runoff Control

Post Construction Runoff Control Requirements: n Develop and implement strategies which include a combination of structural and/or non-structural BMPs n Develop an ordinance or other regulatory mechanism requiring the implementation of post-construction runoff controls n Ensure adequate long-term operation and maintenance of controls n Determine appropriate best management practices (BMPs) and measurable goals

Pollution Prevention /Good Housekeeping Requirements: n Develop and implement an operation and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the storm sewer systems n Include employee training on how to incorporate pollution prevention/good housekeeping techniques into municipal operations n Determine appropriate best management practices (BMPs) and measurable goals

Regulated Small MS4 Permit Requirements Rule 31(e)(3) Rule 31(e)(3) Must submit an Storm Water Management Program Plan (NOI) or individual permit application and identify the following elements for each minimum control measure: –Best management practices –Measurable goals –Timing, interim milestones, and frequency of actions –Responsible persons –Must include recommendations of TMDL

Deadline for Small MS4 Compliance: Rule 31(f)(8) Permit Application Deadline: March 10, 2003 n Small MS4s located in UAs or DPAs n Federal or State small MS4s serving an average daily population of equal to or greater than 1,000 n DOT small MS4s located in UAs, DPAs, or serves a divided highway Permit Application Deadline: March 10, 2008 n Small MS4s discharging to SRPWs, ONRWs, Impaired Waters, if a waiver has not been granted under Rule 31(g)(5)(iii)

Deadlines for Small MS4 Compliance: Rule 31(f)(9) Waiver Application Deadline: March 10, 2002 n Small MS4s seeking waiver under Rule 31(g)(5)(i) & 31(g)(5)(ii) Waiver Application Deadline: March 10, 2007 n Small MS4s seeking waiver under Rule 31(g)(5)(iii)