MS4 Permitting Process William Creal Water Bureau Permits Section Chief

MS4 Permitting Process Two permit options Process to date Process forward Implementation committee

Summary of Requirements of the New Permits

Watershed Permit –Public education and Post construction = watershed boundary –Remaining requirements = MS4 owned/operated within watershed Coverage Area

Jurisdictional Permit –MS4 owned/operated within urbanized area Coverage Area

Discharge point information on application –Discharge point = discharges to surface waters of state and to other MS4s Categorical coverage Authorized Discharges

Discharges after application, but not categorical coverage Less than 1,500 this permit cycle More than 1,500 next permit cycle Discharge Point Location

Constructed/installed after submittal JP = lat/long also for discharges after application and labeling for new constructed/installed Discharge Point Location

WP = submit revised plan JP = public notice, citizen advisory committee, watershed organizations Public Participation

Update needed unless demonstrate –Evaluating effectiveness –Triggers for revision Watershed Management Plan

SWPPI regulatory document Approved upon submittal if it meets GP requirements MDEQ reopener if SWPPI is deficient –Revise SWPPI within 90 days unless negotiate timeline OR –COC Modification Implement upon submittal Approval/Reopener

Allowed for many SWPPI requirements Needs MDEQ approval Innovative watershed alternatives are encouraged Work with WB staff prior to SWPPI submittal Alternative Approaches

Watershed or regional PEP (WP only) Watershed effectiveness (WP only) Topics similar to last permit –added septic system, native landscaping JP = Additional topics –P-free fertilizer & restaurant education Public Education

Stormwater related, approved TMDLs Actions to make progress in meeting water quality standards Total Maximum Daily Loads (TMDL)

E.Coli/Total Phosphorus monitoring: –Outfall monitoring at 50% major discharge points –Elective monitoring option (WP only) Total Maximum Daily Loads (TMDL)

Regulatory mechanism prohibiting illicit discharges to MS4 Staff training Illicit Discharge Elimination

Program to eliminate discharges: –Storm sewer map Illicit Discharge Elimination –Dry weather screening at discharge point – OR collaborative approach at waters of the state (WP only)

Regulatory mechanism –New development and redevelopment >1 acre. Requirements include: –Water quality criteria, channel protection criteria, O & M, enforcement mechanisms. Post Construction Runoff Control

Standards met by: –Incorporate standards given in permit –Grandfather existing mechanism includes WQ & channel criteria –Procedures in place –Submit an alternative approach or outcome based approach Standards slightly different between permits Post Construction Runoff Control

Part 91 and Permit by Rule Procedures to: –Notify agencies of sediment & other wastes –Ensure for erosion controls in preliminary site plans –Receipt and considerations of complaints Construction Stormwater Runoff Control

Employee / contractor training Structural stormwater control effectiveness Roads, parking lots & bridges Fleet maintenance & storage yards Managing vegetated property Pollution Prevention/ Good Housekeeping

Existing employees: 1 session permit cycle New employees: 1 session first year of employment Contractors: trained before work performed/can include in bid specifications Employee/Contractor Training

Inspect structural controls owned/operated –Swales, infiltration, detention basins, catch basins Structural Stormwater Control Effectiveness

Inspect structural controls owned/operated Inspect structural controls owned/operated –Swales, infiltration, detention basins, catch basins Summary list of municipal properties and structural controls Summary list of municipal properties and structural controls –Location information by first progress report –Information retained by permittee

O & M waste disposed of according to state law New controls meet post construction standards Structural Stormwater Control Effectiveness

Reduce TSS to MEP –First p-report current control level & estimate load reduction –Second p-report evaluate effectiveness & identify methods to improve –JP has a 25% reduction goal. Progress report develop methods to attain 25% reduction goal Roadways, Parking Lots and Bridges

Good housekeeping practices salt and sand storage; gravel parking lots/roads Bans use of coal tar emulsions to seal asphalt (Austin, TX 2006) Roadways, Parking Lots and Bridges

Stormwater Pollution Prevention Plan (SWPPP) at each facility. –Certified stormwater operator Or integrate into SWPPI and overseen by stormwater program manager (WP only) Fleet Maintenance/Storage Yards

Elements include: site map, list of significant materials, schedules, description of good housekeeping practices, etc. Fleet Maintenance/ Storage Yards

Process to train employees/contractors P-free fertilizer Program to minimize stormwater impacts from managed vegetated properties Managing Vegetated Property

Coverage Area –WP = watershed area –JP = MS4 area Discharge Location –JP = labeling, lat/long of existing Public Participation –WP = update plan –JP = participate on citizen groups Watershed Plan –WP = may need updating –JP = goals/objectives, stresses, wq status Jurisdictional vs. Watershed

More flexibility –WP = alternative approaches allowed –JP = no flexibility TMDL –WP = Elective option for E.Coli/TP TMDL –JP = Requires outfall monitoring PEP –WP = watershed/regional PEPs and evaluation Jurisdictional vs. Watershed

IDEP –WP = dry weather screening option at outfalls to waters of the state –JP = dry weather screening at all discharge points Roadways –JP = 25% reduction goal and progress reporting Fleet maintenance –WP = Incorporate into SWPPI; stormwater manager –JP = SWPPP and certified stormwater operator Jurisdictional vs. Watershed

What’s the relative emphasis on outcome: water quality vs. institutional simplicity? Are you a township, city, school, county? Do you have an approved TMDL? Do you have a number of maintenance/ storage yards? Jurisdictional vs. Watershed Food for Thought

What is your current permit? Do you have numerous discharge points vs. outfalls to the waters of the state? Are you interested in an alternative approach? Working collaborative on public education? Jurisdictional vs. Watershed Food for Thought

Submit an alternative approach on any of the items One PEP Watershed evaluation Elective monitoring option for TMDL Elective IDEP option Municipal education topics Post construction runoff control Watershed Group Decisions

Questions Contact Mark Fife at or for permit or application questions. Contact the appropriate district staff for program implementation/compliance questions. For additional information go to and click on water, then surface water, then storm water, then Municipal Program/ MS4 Permit Guidance