1. Ohio Department of Transportation
Ohio EPA Audit Findings of ODOT’s MS4 Stormwater Management Program
August 10, 2016
Session Presenter:
Becky Humphreys, PE, ODOT Stormwater Program Manger
ODOT Office of Hydraulic Engineering

2. Audit of ODOTs MS4 Program - Agenda
ODOTs MS4 Program Audit Summary of Findings
What authority does OEPA have?
What did OEPA look at?
What did OEPA find?
What are ODOT’s Responses to each of the violations?

3. Ohio EPA Authority
The Federal Water Pollution Control Act of the first major U.S. law to address water pollution.
Clean Water Act - June 22, 1969: The Cuyahoga River catches fire in Cleveland, drawing national attention and helping the passage of major revisions to Federal Water Pollution Control Act – became known as Clean Water Act.
National Pollutant Discharge Elimination System (NPDES) Permits Ohio became a delegated state.
MS4 Permit – (Municipal Separate Storm Sewer System)
The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges.
Whenever a municipality, industry, or other entity wishes to discharge water to a surface water of the State, they must first obtain a permit from the Ohio EPA Division of Surface Water (DSW). This permit is called a National Pollutant Discharge Elimination System (NPDES) permit. NPDES permits regulate wastewater discharges by limiting the quantities of pollutants to be discharged and imposing monitoring requirements and other conditions. The limits and/or requirements in the permit help ensure compliance with Ohio's Water Quality Standards and Federal Regulations, all of which were written to protect public health and the aquatic environment.
In August of 1992, the U.S. EPA delegated to Ohio EPA the authority to issue general NPDES permits. Ohio law regarding general permits (Ohio Revised Code Section ) was originally written to apply to coal mining and reclamation activities. It was revised to expand the scope of general permits to storm water discharges.
Polluted storm water runoff is often transported to municipal separate storm sewer systems
(MS4s) and ultimately discharged into local rivers and streams without treatment. EPA’s
Stormwater Phase II Rule establishes an MS4 stormwater management program that is intended
to improve the Nation’s waterways by reducing the quantity of pollutants that stormwater picks
up and carries into storm sewer systems during storm events.

4. ODOTs MS4 Program - Overview
ODOT has been implementing and reporting on storm water best management practices (BMPs) as part of their MS4 permit since 2003.
Permit allows ODOT to discharge storm water from ODOT owned storm sewer systems.
ODOTs MS4 regulated area has changed due to 2010 Census
ODOT will be updating their existing Storm water Management Plan (SWMP) between now and December
Changes coming with how ODOT will manage, implement and report on MS4 program requirements due to OEPA audit.

5. ODOTs MS4 Program - Audit
What did OEPA look at?
Field Audit
Audit conducted between January and December
OEPA visited 1 ODOT facility and 2 active construction sites in each district between January and November 2014.
MS4 Program Audit
OEPA completed ODOTs MS4 audit on December 5,

6. ODOTs MS4 Program – Audit Findings
Minimum Control Measure
Number of Violations
MCM 1 - Public Education/Outreach
No violations
MCM 2 - Public Involvement/Participation
MCM 3 - Illicit Discharge Detection and Elimination
3 violations
MCM 4 - Construction Site Storm Water Runoff
7 violations
MCM 5 - Post Construction Storm Water Management
MCM 6 - Pollution Prevention/Good Housekeeping
2 violations
Refer to actual SW audit findings letter to reference other program based violations
* Ohio EPA and Ohio DOT are still in negotiations over these. None of these violations are final yet.

7. ODOTs MS4 Program – Audit Findings
MCM 1 & MCM 2
No violations
Refer to actual SW audit findings letter to reference other program based violations

8. ODOTs MS4 Program – Audit Findings
Failed to map all Home Sewage Treatment Systems (HSTS) discharging to ODOT’s MS4
Failed to demonstrate a working relationship with local health departments
Failed to develop an IDDE plan that meets the expectations of the permit. (i.e. a plan to evaluate, prioritize, and eliminate illicit discharges)
MCM 3 (IDDE) Violations
Refer to actual SW audit findings letter to reference other program based violations

9. ODOTs Response to MCM 3 Violations
Violation: Failed to map all Home Sewage Treatment Systems (HSTS) discharging to ODOT’s MS4
Ohio Revised Code requires local Boards of Health to locate and keep records on all HSTSs
ODOT proposed to create a webpage to be included on ODOT’s Storm Water Webpage that shows:
All Ohio counties
Hyperlinks to each county health department
Contact person from each ODOT District
Refer to actual SW audit findings letter to reference other program based violations

10. ODOTs Response to MCM 3 Violations
Violation: Failed to demonstrate a working relationship with local health departments.
ODOT developed a new process for when illicit discharges are detected:
Identify illicit discharges during routine asset inventory, inspection, or maintenance activities.
Report any findings to local health department.
Annually request status of the identified illicit discharges from local health departments.
Report annually to Ohio EPA.
Refer to actual SW audit findings letter to reference other program based violations

11. ODOTs Response to MCM 3 Violations
Violation: Failed to develop an IDDE plan that meets the expectations of the permit. (i.e. a plan to evaluate, prioritize, and eliminate illicit discharges)
ODOT revised IDDE plan:
Investigate High and Medium Priority locations by June 30, 2017 (89 locations previously identified dry weather flows).
Investigate Low Priority locations by December 31, 2018
(671 locations previously identified dry weather flows).
Investigations will include:
Collect water sample
Test to determine if discharge is illicit
Track illicit discharges to the source where flow enters ROW
Contact appropriate local Health Department
Refer to actual SW audit findings letter to reference other program based violations

12. ODOTs MS4 Program – Audit Findings
Failed to demonstrate adequate review of SWPPPs
Monthly inspections required to be done by ODOT personnel.
Failed to demonstrate implementation of an enforcement mechanism to ensure compliance on construction sites.
SWPPPs are developed at final grade.
MCM 4 (Construction) Violations
Refer to actual SW audit findings letter to reference other program based violations

13. ODOTs MS4 Program – Audit Findings
Failed to consistently include construction sequence which addresses the timely installation of sediment ponds.
Failed to comply with all permanent and temporary stabilization requirements.
Failed to consistently maintain sediment and erosion controls.
MCM 4 (Construction) Violations
Refer to actual SW audit findings letter to reference other program based violations

14. ODOTs Response to MCM 4 Violations
Violation: Failed to demonstrate adequate review of SWPPPs
ODOT contends that adequate reviews are required. Construction is not allowed until SWPPP is reviewed by the project engineer.
SWPPPs are reviewed on ALL projects not just those within the MS4 boundary.
New checklist forms and tracking procedures are being developed.
ODOT requires the monthly inspections on all construction projects obtaining coverage under a Construction General Permit.

15. ODOTs Response to MCM 4 Violations
Violation: Monthly inspections are required to be performed by ODOT personnel.
ODOT contends Ohio EPA’s interpretation of this part of the permit. The language in the permit does not specify that the inspections must be performed by an ODOT employee or independent contractor.
ODOT proposed to implement a software inspection tool.
should increase the quality of inspections and documentation of deficiencies.
ODOT proposed to do QA assessments on a representative sample of projects.
FHWA allows contractors to perform QC inspections on soil compaction, concrete and storm sewer installations.
The Ohio EPA has made an interpretation based on an assumption that monthly inspections performed by an ODOT employee or independent contractor will reduce pollutants beyond a construction contractor hired inspector who holds a Professional Engineer’s license and Certified Professional in Erosion and Sediment Control certification. ODOT contends that an ODOT employee or independent consultant who is not involved in the day to day workings of a construction contractor’s means and methods will not provide better quality inspections and ultimately reduce pollutants from ODOT’s construction sites.

16. ODOTs Response to MCM 4 Violations
Violation: Failed to demonstrate implementation of an enforcement mechanism to ensure compliance on construction sites.
ODOT contends that this is not a violation since we have protocols in place to enforce compliance.
ODOT provided a clear explanation of these protocols.
ODOT proposed continual assessment of these protocols.
Mention briefly the protocol.
1)ODOT project engineer can direct work. Project Engineer first sends notice to contractor to correct any deficiencies.
2)Stop pay for any soil erosion/sedimentation items
3)Removal of personnel from the project
4)Suspend work
5)Notify the contractor’s surety – failure to provide insurance would prevent being awarded any future work.

17. ODOTs Response to MCM 4 Violations
Violation: SWPPPs are developed at final grade.
ODOT updated specifications to include mandatory use of electronic files to develop the SWPPPs.
ODOT contends that interim grading plans are not practical for linear projects.
ODOT proposed that adding existing conditions plans will allow inspectors to update the SWPPP and make it the living document Ohio EPA is looking for.
Mention briefly the protocol.
1)ODOT project engineer can direct work. Project Engineer first sends notice to contractor to correct any deficiencies.
2)Stop pay for any soil erosion/sedimentation items
3)Removal of personnel from the project
4)Suspend work
5)Notify the contractor’s surety – failure to provide insurance would prevent being awarded any future work.

18. ODOTs Response to MCM 4 Violations
Violation: Failed to consistently include construction sequence which addresses the timely installation of sediment ponds.
ODOT proposed that revisions to specifications requiring an existing conditions plan will address the timely installation of sediment controls.
Mention briefly the protocol.
1)ODOT project engineer can direct work. Project Engineer first sends notice to contractor to correct any deficiencies.
2)Stop pay for any soil erosion/sedimentation items
3)Removal of personnel from the project
4)Suspend work
5)Notify the contractor’s surety – failure to provide insurance would prevent being awarded any future work.

19. ODOTs Response to MCM 4 Violations
Violation: Failed to comply with all permanent and temporary stabilization requirements.
ODOT proposed that revisions to specifications and implementing the software inspection tracking tool will help resolve this issue.
Mention briefly the protocol.
1)ODOT project engineer can direct work. Project Engineer first sends notice to contractor to correct any deficiencies.
2)Stop pay for any soil erosion/sedimentation items
3)Removal of personnel from the project
4)Suspend work
5)Notify the contractor’s surety – failure to provide insurance would prevent being awarded any future work.

20. ODOTs Response to MCM 4 Violations
Violation: Failed to consistently maintain sediment and erosion controls.
ODOT proposed that revisions to specifications and implementing the software inspection tracking tool will help resolve this issue.
Mention briefly the protocol.
1)ODOT project engineer can direct work. Project Engineer first sends notice to contractor to correct any deficiencies.
2)Stop pay for any soil erosion/sedimentation items
3)Removal of personnel from the project
4)Suspend work
5)Notify the contractor’s surety – failure to provide insurance would prevent being awarded any future work.

21. ODOTs MS4 Program – Audit Findings
Failed to develop comprehensive map of all post construction practices discharging to the MS4.
Failed to develop mechanism to ensure maintenance of all post construction practices.
Failed to consistently interpret and implement the post construction requirements found in the General Construction Permit.
MCM 5 (Post Construction) Violations

22. ODOTs Response to MCM5 Violations
Violation: Failed to develop comprehensive map of all post construction practices discharging to the MS4.
MOU between ODOT and OEPA - all BMPs through July were compliant per an assessment of $2.5M.
ODOT developed post construction BMP inventory database for all BMPs from that date forward.
ODOT also developed Inventory/Inspection Manual for Post Construction BMPs.

23. ODOTs Response to MCM5 Violations
Violation: Failed to develop mechanism to ensure maintenance of all post construction practices.
ODOT proposed to incorporate inspection and maintenance into work plans by July 1, 2017.
ODOT is developing Post Construction BMP Collector App.
Inspection tracking
Maintenance tracking

24. ODOTs Response to MCM5 Violations
Violation: Failed to consistently interpret and implement the post construction requirements found in the General Construction Permit.
ODOT made many revisions to the BMP sections of our Location & Design Manual (Volume 2 – Drainage).
ODOT conducted 5 training classes on Post Construction BMP Design across the state.
ODOT performs self auditing reviews of BMP design.

25. ODOTs MS4 Program – Audit Findings
MCM 6 (Pollution Prevention/
Good Housekeeping) Violations
Failed to develop Storm Water Pollution Prevention Plans (SWPPPs) for all maintenance facilities.
Failed to conduct training of employees regarding the implementation of the SWPPP.

26. ODOTs Response to MCM6 Violations
Violation: Failed to develop Storm Water Pollution Prevention Plans (SWPPPs) for all maintenance facilities.
ODOT hired task order consultant to develop SWPPPs and provide initial training ($1.22M over 3 years).

27. ODOTs Response to MCM6 Violations
Violation: Failed to conduct training of employees regarding the implementation of the SWPPP.
ODOT hired task order consultant to develop SWPPPs and provide initial training ($1.22M over 3 years).

28. Questions? Becky Humphreys, P.E. ODOT Stormwater Program Manager