1. Stormwater: MS4. Permitting requirements for small municipal separate storm sewer systems. 2016 Environmental Trade Fair.

2. Polly Porter. Compliance Assistance Specialist. Waco – Region 9. 254-761-3039. polly.porter@tceq.texas.gov.

3. Technical Assistance. Free and Confidential. Multi-media. Compliance Hotline. One-on-one help from regional staff. EnviroMentor Program (if eligible).

5. Who does SBLGA help? Airports. Auto Body / Repair. Building Contractors. Car Washes. Compost Operations. Concrete Batch Plants. Drinking Water Plants. Dry Cleaners. Foundries. Local Governments. Marinas. Metal Finishers/Fabricators. PST Facilities (fuel). Print Shops. Manufacturing Facilities. Reinforced Plastics. Surface Coaters. Trade Associations. Transportation/Distribution. Wastewater Plants. Wood Products.

6. Compliance resources can be searched by industry, issue or special topics. www.TexasEnviroHelp.org

7. What is stormwater? What is a discharge? Stormwater is rainfall. Run-off carries potential pollutants as a discharge.

11. Rule References. Federal. Clean Water Act. 40 Code of Federal Regulations. o Chapter 122.26. State. Texas Water Code. o Chapter 26.121. 30 Texas Administrative Code. o Chapters 281, 305, 308.

12. EPA National Pollutant Discharge Elimination System CGP (Construction) MSGP (Industrial) Phase I and II MS4s (Municipalities, et al) TCEQ Texas Pollutant Discharge Elimination System

13. TPDES. Multi-Sector General Permit (MSGP). o TXR050000 (August 14, 2011-2016). Construction General Permit (CGP). o TXR150000 (March 5, 2013-2018). Municipal Separate Storm Sewer Systems (MS4s). o Phase I – large and medium cities. Individual / customized. o Phase II – small cities. General Permit TXR040000 (Dec. 13, 2013-2018).

14. What is a permit? ● Establishes limits and requirements for 5 years. ● Authorizes discharges from specific activities and certain non-stormwater discharges.

15. What is an MS4? Publicly owned or operated drainage system designed to convey stormwater. Not a wastewater collection or sewer. Include many non-traditional entities such as military bases, transportation systems, hospitals, universities, correctional facilities and a variety of districts. Conveyance located fully or partially within UA. “Once in, always in.”

16. Potentially Regulated Districts. Jurisdiction of the TCEQ: GCDGroundwater Conservation District. IDIrrigation District. MMDMunicipal Management District. MUDMunicipal Utility District. RDRegional District. SCDStormwater Control District. SUDSpecial Utility District. WCIDWater Control & Improvement District. WIDWater Improvement District.

17. What is an Urbanized Area?. High density of residential population: o at least 1,000 people per square mile and. o at least 50,000 total population. U.S. Census Bureau. o Collects data every 10 years (2010). o Develops UA maps, boundaries. MS4 required to regulate only the portion within UA. UA Maps also located on TCEQ and EPA web sites.

18. North Portion of Austin UA Map.

19. Urbanized Areas are regulated MS4s.

20. Urbanized Clusters are not regulated.

22. PII MS4 Applications. Deadline to submit was June 11, 2014. Options for authorization include: o Full permit coverage. o Waiver. Total applications received: o 500+ NOIs. o 70+ Waivers.

23. Waiver Option. Waiver 1: Serve population less than 1,000 within the UA. No significant contribution to the: o pollutant loadings of and interconnected MS4. o pollutants identified as a cause of impairment to the receiving water body. Change in those conditions requires NOI/SWMP. Submit Waiver 1 form 20369. Waiver 2: Data and labor intensive. More costly than permit.

24. Authorization Process. Submit NOI, proposed Stormwater Management Program, and application fee. Administrative review by the TCEQ. o Additional information from applicant. Technical Review of SWMP. o Additional information from applicant. Public Notice published in newspaper. o Public Meeting. Approved by the TCEQ.

25. Administrative Requirements. Application for permit coverage. Stormwater Management Program. o Maintain records evaluating efforts. o Implement SWMP by end of permit term. Annual Report. o Submit within 90 days of end of each permit year.

26. Annual Reporting Period. Select a 12-month permit year. o Permit issuance date: December 13–December 12, report due ~March 8. o Calendar year: January 1–December 31, report due ~March 31. o Fiscal year: August 1–July 31, report due ~October 31. Remain consistent with reporting period. Submit within 90 days from end of permit year.. o Existing MS4s: 1 st report includes all months since end of last reporting period. o New MS4s: 1 st report includes all months since permit effective date.

27. Technical Requirements. Develop and implement comprehensive SWMP to: Reduce pollution to maximum extent practicable. Meet water quality requirements of CWA and TWC. Required only inside of UA boundaries. Best Management Practices, ordinances, and other mechanisms. Include six minimum control measures.

28. Tiered Approach. Requirements based on UA population served: o Level 1: < 10,000. o Level 2: 10,000 – 40,000 & non-traditional. o Level 3: 40,000 – 100,000. o Level 4: > 100,000. Level does not change during permit term.

29. Impaired Water Body. Determine if receiving water body is on the current, approved Index of All Impaired Waters. Identify pollutant of concern. Determine if MS4 is contributing the POC. SWMP must include: o Focused BMPs for reducing the POC. o Measurable goals for each BMP. o Identify and focus on sources of bacteria. o Assess progress. Include in Annual Report.

30. Impaired Water Body with TMDL. Determine if receiving water body has an established Total Maximum Daily Load. Identify pollutant of concern. Determine if MS4 is contributing the POC. Refer to the watershed’s Implementation Plan. SWMP must include: o Targeted controls for reducing POC. o Measurable goals for each control. o Create benchmarks. o Identify and focus on sources of bacteria. o Assessment of progress. Include in Annual Report.

31. SWMP. Includes a map and six Minimum Control Measures: 1. Public Education, Outreach and Involvement. 2. Illicit Discharge Detection and Elimination. 3. Construction Site Runoff Control. 4. Post-Construction Mgmt. in New & Redevelopment. 5. Pollution Prevention and Good Housekeeping for Municipal Operations. 6. Industrial Sources. 7. Optional – Construction by MS4.

32. For each MCM. Establish measurable goals. Evaluate / assess efforts to meet goals. Meet MEP standard for each goal. Maintain records evaluating efforts. Report progress annually. Full implementation by end of permit term.

33. Allowable Non-SW Discharges. Address in relevant MCMs of the SWMP. Discharges listed in 40 CFR 122.26 (d)(2)(iv)(B)(1). Specific potable or uncontaminated sources: o water line flushing (except hyperchlorinated). o swimming pool discharges (if dechlorinated). o runoff from landscape irrigation. o incidental spray park water. o street wash water. o residential vehicle washing. o A/C condensate.

34. MCM 1. Public Education, Outreach and Involvement. Inform citizens how they impact water quality and how water quality affects them. o Distribute brochures, educational materials, public service announcements. Conduct outreach activities. o Host or speak at events – civic groups, schools, scouts, volunteer organizations. Provide opportunities for participation - events, community activities, committees. Community hotline / web site – provide input, report illegal dumping, request information. Target different groups – residents, commercial and industrial entities, and visitors.

36. MCM 2. Illicit Discharge Detection and Elimination. Develop a plan to identify and reduce polluted discharges to the storm sewer system. o Promote internal awareness and buy-in. o Implement ordinances. o Provide training for MS4 employees. o Map and inventory outfalls. Tie in to public education for reporting illicit discharges. Locate areas suspected of having illicit discharges. Track down the sources during wet and dry weather. Remove or reduce sources through cooperation or enforcement. Implement procedures for evaluating program performance.

37. MCM 3. Construction Site Stormwater Runoff Control. Develop and enforce a program to address erosion and sediment from large and small construction activities. Implement ordinances and other sanctions. Provide training for MS4 employees and inspectors. Verify compliance with the TPDES CGP, local codes, and other rules. o Review plans for accuracy and compliance. o Inspect sites. Ensure that the MS4’s own construction activities are compliant.

38. MCM 4. Post-Construction SW Mgmt. in New Development and Redevelopment. Develop long-term water management and drainage control plans with focus on BMPs to maintain or improve water quality conditions after development and construction are completed. Address on-going discharges in a way that protects sensitive areas or promotes infiltration rather than runoff. Implement ordinances and other sanctions. Provide training for MS4 employees and inspectors. Ensure the long-term operation and maintenance of controls.

39. MCM 5. Pollution Prevention and Good Housekeeping for Municipal Operations. Implement plan to prevent and reduce polluted runoff from MS4 operations. Map and inventory the MS4’s facilities and controls. Provide training for MS4 employees. Properly dispose of floatables, street sweepings, waste removed from the storm sewer, and other debris. Comply with local ordinances. Ensure that MS4 activities and facilities are compliant with the TPDES Construction General Permit and Multi-Sector Industrial General Permit.

40. MCM 6. Industrial Stormwater Sources. Applies only to Level 4 MS4s. Identify and control pollutants from: o landfills and other waste treatment, storage, or disposal facilities subject to Emergency Planning and Community-Right-to-Know Act. o Industrial and commercial entities. Ensure that other entities are compliant with the TPDES MSGP. Establish procedures and priorities for inspections and implementing controls.

41. Optional - MCM 7. Authorization for Construction Activities where the Small MS4 is the Site Operator. Applies only to MS4’s construction activities. Limited to activities with the UA or MS4 boundaries. Required at the time NOI and SWMP are submitted. Allowed after-the-fact by submitting a Notice of Change and additional information in advance of the project.

43. Assessment. Monitor WQ to assess pollutant reductions. Evaluate social indicators / behavior change. Document progress toward goals. o Provide feedback to program management. o Ensure efficient use of resources. o Meet regulatory requirements.

44. Monitor Water Quality. Most direct approach. Verifiable results. May focus on: o Biological – E. coli, fish, algae. o Physical – flow, turbidity, erosion. o Chemical – levels of metals, chemicals, hydrocarbons, bacteria, phosphorus and other nutrients.

45. Annual Report Contents. Status of compliance with permit conditions. Progress towards reducing pollutants. Summary of information and monitoring data. Evaluation of the BMPs. Assessment of efforts toward goals. Statement of activities planned.

46. Notice of Change. Submit NOC form 20392 and revised SWMP. o Substantive change to goals or controls. o Replacing structural BMP with a non-structural BMP (ex. - street sweeping instead of inlet protection). Does not require NOC/revised SWMP if: o MS4 expands or grows, include in SWMP and report. o Replacing substantially similar BMPs. o Reorganization or personnel changes. o Corrections or clarifications.

47. Sharing a SWMP. Form a coalition with other MS4s sharing a boundary or watershed. Divide program elements. Identify responsibilities for each entity. Each MS4 responsible for: o Applying for permit coverage. o Compliance with SWMP.

48. TCEQ Investigations. Becoming more comprehensive over time. Recordkeeping and Reporting. o Notice of Intent/SWMP. o Annual Reports. o Supporting data. o Noncompliance Notification – 30 TAC 305.125(9). Submitted on time. Met signatory requirements. Included required elements. Used SWMP as reference. NOC/revised SWMP if needed.

49. How to be in compliance… Know the applicable sections of the permit. Communicate throughout organization. Use available resources and partners. Implement and maintain appropriate controls. Request to change SWMP when necessary. Contact the TCEQ for guidance if needed.

50. Read the permit… and the SWMP!

51. TCEQ Resources. Assistance Tools for Stormwater Permitting. o Check the status of permits online. o Industrial. o Construction. o Small MS4s. Model Ordinance Guide. Annual Report - form 20561. Surface Water Maps. Water Quality Data. 319 Non-point Source Grant. o Focused on Watershed Protection Plans rather than individual MS4s.

52. Texas Water Development Board. Clean Water State Revolving Fund. o Public entities - cities, counties, districts. o Eligible projects include: Stormwater pollution control. Wastewater recycling, reuse, treatment. Non-point source pollution control. o Low interest rate loans and loan forgiveness. o Projects added throughout the year. Contact: o Mark.Evans@TWDB.Texas.gov. o 512-463-8510.

53. U.S. Environmental Protection Agency. 2010 Urbanized Area Maps. Training and Webcasts. Fact Sheets and Guidance: o MS4 Measurable Goals Guide. o MS4 Program Evaluation Guide. o Model SWMP. o Green Infrastructure / Green Streets. o Smart Growth. o BMPs for Industry. o Low Impact Development.

54. Additional Resources. Other MS4s. Texas Watershed Steward Program. Texas Water Resources Institute. Texas Coastal Watershed Program. Water Environment Federation. Water Environment Association of Texas. Forester Media. International Erosion Control Association. Councils of Government. Texas Municipal League.

55. Stormwater Permitting Program. Permit and Technical Questions. ● 512-239-4671. ● swgp@tceq.texas.gov. ● Stormwater Permitting, MC-148. Texas Commission on Environmental Quality. P. O. Box 13087. Austin TX 78711-3087.

56. 1-800-447-2827. www.TexasEnviroHelp.org. sbap@tceq.state.tx.us. TCEQ Regional Offices. Small Business & Local Government Assistance.