Storm Water: Federal Enforcement and Compliance for Phase II MS4

Cynthia Sans WWPD/WENF EPA Region VII

The Environmental Impacts of Storm Water

Regulatory Framework for Municipal Stormwater

Phase I MS4  Phase I Stormwater Regulations were final in December,  Phase I covers Medium >100,000 and Large > 250,000 MS4s.  Most Phase I communities have individual permits.

Phase II MS4  Phase II stormwater regulations were final in December  Phase II covers small MS4s (basically >10,000 or in an urban area.  Most Phase II communities have general permits.

Phase II Stormwater Program  Small Municipal Separate Storm Sewer Systems (MS4s) must: Obtain NPDES permit coverage Obtain NPDES permit coverage Develop a Storm Water Management Plan (SWMP) which covers the six minimum control measures Develop a Storm Water Management Plan (SWMP) which covers the six minimum control measures Implement the SWMP Implement the SWMP Develop measurable goals for the program Develop measurable goals for the program Evaluate the effectiveness of the program Evaluate the effectiveness of the program Fully implement their program within the first permit cycle (first 5 years). Fully implement their program within the first permit cycle (first 5 years).

EPA’s Role  The EPA’s Office of Enforcement and Compliance Assurance (OECA) designated storm water as a national priority area in  Storm water will continue to be a national priority at least through fiscal year 2010.

EPA’s Relationship to State Programs  The Clean Water Act (CWA), Section 402 mandates that EPA retain oversight over authorized State NPDES programs. Including Storm water programs Including Storm water programs  In addition, EPA retains independent enforcement authority of regulated facilities (CWA Section 309).

What Do I Need to Achieve?  Maximum Extent Practicable (MEP) is the statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve.  This is not necessarily a numeric limit.

What Do I Need to Achieve?  MEP must be driven by the objective of assuring maintenance of water quality standards : maintenance of beneficial uses maintenance of beneficial uses compliance with Total Maximum Daily Load. compliance with Total Maximum Daily Load.

Measurable Goals  “Measurable goals” are the measuring stick in this program.  Intended to gauge permit compliance and program effectiveness.

Measurable Goals  Examples:  “Reduce by 30% the road surface areas directly connected to MS4 in new developments and redevelopment projects over the course of the 1 st permit cycle.”  “Inspect all construction projects twice per month.”  “Measure the linear feet of curb and gutter that WERE NOT installed in development projects.”  “Inspect all catch basins annually.”

EPA Audit: What To Expect

Looking at Compliance with Six Minimum Control Measures:  Public Education and Outreach  Public Participation/Involvement  Illicit Discharge Detection and Elimination  Construction Site Runoff Control  Post-Construction Runoff Control  Pollution Prevention/Good Housekeeping

EPA Audit  1or 2 EPA auditors or 1 or 2 contractors or a combination of both.  EPA invites state to accompany.  1-3 day audit depending on the size of the community/program or type of audit.  Looking at compliance with all permit requirements.

EPA Audit  Advance notice (usually)  Request for documents to review prior to audit, such as: SWMP SWMP Annual Report(s) Annual Report(s) Correspondence with permitting authority Correspondence with permitting authority Permit modification (individual permit) Permit modification (individual permit) Legal Authority Legal Authority

Audit Components  Opening Conference  In Office Records Review  Staff Interviews  Field Inspections  Exit Interview

Opening Conference  Opportunity for City Staff and Auditors to meet each other.  Review Agenda and make revisions as necessary.  Obtain additional information that was requested.

Records Review Example: Construction Runoff Documentation What to Look For Local Ordinancnes One or more of the following ordinances: Grading ordinance, Erosion control ordinance, Storm water ordinance, Landscaping ordinance Design standard, BMP guidance manuals, and fact sheets These can be state or local standards or taken from a non-regulatory source. Inspection reports Review reports to determine if inspections are thorough and adequately documented. Also can determine if follow-up enforcement is occurring. Where possible, review reports for sites to be visited during the inspection Construction plan reviewed and approved by the permittee Review plans to ensure that they meet the permittee standards. Where possible, review plans for sites that will be visited during the inspection Enforcement escalation plan Is the enforcement process documented? Are roles and responsibilities of individuals or departments clearly defined.

Records Review Example: Illicit Discharge Program  Inspection procedures  Inspection logs for illicit discharges  Illicit discharge training records  Spill/illicit discharge tracking sheets  Spill response procedures  Spill response training records  Sampling of dry weather discharges

Other Important SWMP Records  Storm sewer system mapping  Comprehensive master plan  Watershed plans/monitoring  Resources/budgets  Capital improvement projects

Staff Interviews: Purpose  Staff interviews to collect program background and current information  To gain an overview of program and better direct the inspection focus

33 What Staff  MS4 management/operator  MS4 technical personnel  Contractor support (if applicable)  Other agencies that may be responsible for program implementation (e.g., flood control district, conservation district)

Staff Interviews Example: Good Housekeeping   Storm Sewer Cleaning [Section III.A.2.c] Describe the inspection and maintenance of storm sewers. Does the City have written procedures for cleaning storm sewers? How often are they inspected? How often are they cleaned? What is done with the debris/trash which is cleaned up from the storm sewers?   Catch Basins/Storm Inlets [Section III.A.2.c] Does the City have an inventory of catch basins? How many catch basins does the City currently have? Describe the inspection and maintenance activities for storm inlets and catch basins. Does the City have written procedures for cleaning catch basins/storm inlets? How often are they inspected? How often are they cleaned? What is done with the debris/trash which is cleaned up from the catch basins/storm inlets?

Field Inspections  Auditors will observe City Staff performing inspections: Construction Construction Post Construction Post Construction IDDE IDDE Fleet Yard Fleet Yard Salt Storage Area Salt Storage Area

Purpose of Field Inspections  Observe City Inspection Procedures Are City Staff Trained? Are City Staff Trained? Are they thorough? Are they thorough? Do they have a SOP? Do they have a SOP? Do they have a checklist? Do they have a checklist? Do they have follow-up procedures? Do they have follow-up procedures?

Exit Interview  Discuss preliminary findings.  Ask and Answer Questions.  Request Additional Information if Necessary.  * Community will receive a copy of the audit report as soon as it is final.

Violations Have Been Identified. What Next?

Administrative Compliance Order  In the context of a Traditional Case Specific requirements to comply ie..submissions/review Specific requirements to comply ie..submissions/review Follow the directions within the Order Follow the directions within the Order

 CWA § 309 authorizes administrative penalties of up to $37,500 per day per violation, not to exceed $177,500 Traditional Administrative Penalties

Civil Judicial Cases  Usually exceed our Administrative Penalty Authority of $177,500.  These are generally cases with several violations over a long period of time.  These cases are handled jointly by EPA and US DOJ.

So What Should I Do Now?

What It Boils Down To  Read your permit.  Understand its requirements.  Educate yourself using resources available.  Develop appropriate and thorough SWMP  Implement your plan.  Evaluate your program’s effectiveness.  Revise your plan as necessary.  Document your activities.

Bottom Line  Implement BMPs that are protective and meet MEP.  Plan should allow you to meet water quality standards and TMDLs.

Resources  USE EPA’s WEBSITE:    Information available regarding: Permitting information for Phases I & II Permitting information for Phases I & II Fact Sheet Series Fact Sheet Series Guidance Manuals Guidance Manuals SWMP guidance SWMP guidance Extensive BMP information Extensive BMP information Webcast Series Webcast Series