1. MS4 Stormwater Programs: How to make it all work!
2017 EPA Region 6 Stormwater Conference
September 20, 2017
URBAN WATERS, GREEN INFRASTRUCTURE,
AND RESILIENT COMMUNITIES

2. Overview The Four Stages of Learning Regulations in Context of an MS4
Establishing Goals: The Big Picture of Water Quality
Know Yourself
Setting Clear Expectations For…
Capitol, Development, Public Officials
Residents
Industries
Developers
Lessons Learned

3. The Four Stages of Learning
Stage 1: Unconscious Incompetence
“Not knowing that you don’t know something”

4. The Four Stages of Learning
Stage 2: Conscious Incompetence
“Knowing that you don’t know…”

5. The Four Stages of Learning
Stage 3: Conscious Competence
“Steadily learning and working with your new knowledge…”

6. The Four Stages of Learning
Stage 4: Unconscious Competence
“You know longer have to think about what you’re doing…”

7. Overview The Four Stages of Learning Regulations in Context of an MS4
Establishing Goals: The Big Picture of Water Quality
Know Yourself
Setting Clear Expectations For…
Capitol, Development, Public Officials
Residents
Industries
Developers
Lessons Learned

8. The Clean Water Act
Section 401 of the CWA addresses water quality (Section 303 – impaired waters)
Section 402 of the CWA addresses permit for discharge of pollutants
a.k.a. National Pollutant Discharge Elimination System permits (NPDES)
Section 404 of the CWA addresses discharges of dredged or fill material into waters of the United States (U.S. Army Corps of Engineers)
This is the big rock at the top of the hill. The requirements are the same for all regulated entities in the United States. The rules have been in effect for over 20 years. Contractors are aware of the basic requirements and should be ready to comply.
City of Round Rock Capitol Improvement Program Project Managers Stormwater Training

9. Regulations for an MS4 Phase I MS4 Program Phase 2 MS4 Program
1990: Medium and Large MS4s (>100,000 people) must implement a Stormwater Management Program (SWMP)
Individual Permit with terms and conditions
Phase 2 MS4 Program
1999: small MS4s, designated MS4s, non-traditional MS4s
General Permit program in most States

10. National Map of Regulated MS4s
Map created in 2009 (EPA)

11. MS4 Stormwater Permits Program Areas: Construction site runoff control
Illicit Discharge Detection & Elimination (IDDE)
Pollution Prevention / Good Housekeeping
Post-construction runoff control
Public Education and Outreach
Public Involvement / Participation
Program Effectiveness
Total Maximum Daily Loads

12. Stormwater Permits… it’s all in there!
TPDES General permit TXR (Construction)
Part II Section C – Limitations on Permit Coverage
The following rules are included by reference into the Construction General Permit:
Post construction discharges must be permitted separately
Non-stormwater discharges are prohibited (with some exceptions)
Discharges that could violate a water quality standard are prohibited
SWP3 must comply with standards for impaired waters and TMDLs
Edwards Aquifer Protection Plan must be in place prior to CGP
Discharges prohibited by Chapter Watershed Protection Areas are not eligible for coverage
More stringent requirements from other Governmental Entities may apply
Not approved on Indian Country Lands
Not approved for oil and gas production sites regulated by EPA
Not approved for discharges from agricultural activities
Must not adversely affect listed endangered or threatened species

13. Overview The Four Stages of Learning Regulations in Context of an MS4
Establishing Goals: The Big Picture of Water Quality
Know Yourself
Setting Clear Expectations For…
Capitol, Development, Public Officials
Residents
Industries
Developers
Lessons Learned

14. Establishing Goals: The BIG Picture
Let’s talk about water quality!
Drinking Water
Agricultural Supply
Fishing
Contact Recreation
Industrial Supply

15. Establishing Goals: The BIG Picture
To be of “Beneficial Use” water is tested and compared to a list of chemicals
Impaired waters exceed one or more concentration threshold(s) of its designated beneficial use.
TMDLs are written to improve water quality in impaired waters.
MS4s contribute to the Implementation Plan (I-Plan) for streams within their jurisdiction

16. Establishing Goals: The BIG Picture
MS4 operators represent the needs of a diverse community
Seek out common goals
Evaluate opposition
Educate your stakeholders
Select options that make economic sense
Communicate goals and milestones

17. Overview The Four Stages of Learning Regulations in Context of an MS4
Establishing Goals: The Big Picture of Water Quality
Know Yourself
Setting Clear Expectations For…
Capitol, Development, Public Officials
Residents
Industries
Developers
Lessons Learned

18. Know Yourself Inscribed on the Temple walls at Delphi, ancient Greeks
offered the wisdom, “Know Yourself!”

19. Make it all work
An MS4 is compartmentalized into sections acting more or less separately:
Public Works
Parks and Rec
Development Services
Community Planning
Office of Sustainability
Utilities
Transportation
Elected officials
Environmental

20. Know Yourself City Section Construction Site Runoff Controls
Illicit Discharge Detection & Elimination
Pollution Prevention & Good Housekeeping
Post Construction Runoff Controls
Public Education & Outreach
Public Involvement
TMDLs
Public Works X
Parks & Rec
Development
Comm. Planning
Sustainability
Utilities
Transportation
Environmental

21. Know Yourself Understand the potential problem areas MS4 construction
Developer construction
MS4 fleet, solid waste, landscaping (services)
Impaired waterways
Litter
Pet waste
Commercial grease traps
Car washes

22. Know Yourself Evaluate the work already being done Plan reviews
Inspections/Enforcement
Water quality monitoring
Spill response
Water quality initiatives
Litter pick up, street sweeping
Public outreach

23. Overview The Four Stages of Learning Regulations in context of an MS4
Establishing Goals: The Big Picture of Water Quality
Know yourself
Setting Clear Expectations For…
Capitol, Development, Public Officials
Residents
Industries
Developers
Lessons Learned

24. What do you know about yourself?
Construction & Post Construction Site Runoff Controls
Public Works, Parks & Rec., Utilities, and Transportation build capitol projects
MS4 is the permittee and the regulator
Development services reviews construction plans and inspects site for discharges to the MS4
Community Planning and Environmental identify and communicate special needs to inform construction projects
TMDLs, Economic Growth Zones, etc.

25. Construction Site Stormwater
Capitol projects are in double jeopardy
MS4 construction projects 1 acre or more are regulated by NPDES
MS4 permittees must ensure compliance of NPDES-permitted discharges into its own system
Requires project tracking, SWP3 Plan development, review and implementation, inspections, corrective actions, enforcement
Fines can be levied against the MS4 for failure to comply with CGP and/or MS4 NPDES

26. Construction Site Stormwater
Development projects (not MS4 owned) must be regulated for compliance with the CGP by the MS4
Plan review
Site inspections
Corrective action procedures
Enforcement

27. Construction Site Stormwater
TPDES General permit TXR (Construction)
Part III Section F – Contents of SWP3
Remember:
The Developer’s SWP3 must comply with the Construction General Permit
MS4 Permits require that the discharges from construction sites that enter the MS4 comply with the Construction General Permit
Violations by the Developer can lead to expensive maintenance in the MS4 as well as, time-consuming follow up inspections and potential enforcement actions by the MS4 against the Developer
The TCEQ can fine both the Developer and the City when the Developer fails to comply with its own permit
Your defense is documentation!

28. Construction Site Stormwater
Extend outreach to Developers
Provide a carrot and a stick approach
Focus on BMP selection that meets the MS4 water quality goals
Give information in writing with Permit submittals; verbally at kickoff meetings, and again during inspections and corrective actions
Documentation should be specific, accurate, and concise – you are building your legal case for compliance

29. Construction Site Stormwater
MS4s are caught between economic growth and regulatory compliance
Reach out to public officials with information on economic value of clean water
Inform public officials about financial penalties for non-compliance
Educate public officials about the status of the various MS4 sections and how they contribute (or don’t contribute) to the overall compliance of the MS4

30. MS4s can be fined too…
The MS4 can also be fined due to the Developer’s project if we fail to:
Have an adequate process for reviewing and approving the Developers Plans
Conduct and document inspections
Follow up on required corrective actions
Enforce for significant or repeated non-compliance
Have adequate records demonstrating our efforts to gain compliance

31. What do you know about yourself?
Illicit Discharge, Detection & Elimination
Any non-stormwater flow in a storm sewer system may be an illicit discharge
Public Works, Utilities, Environmental, commercial, residential, developers…
MS4:
Maintains a map of the infrastructure
Maintains a list of permitted discharges
Inspects outfalls for dry weather discharges
Responds to spills
Maintains proper disposal records

32. IDDE
Education must be directed at anyone who could contribute a dry-weather discharge
Residents
Businesses
Developers
MS4 personnel
Investigations can be complex and will rely on knowing where underground infrastructure goes

33. IDDE Investigators need to know where permitted discharges are located
What does a compliant, non-stormwater discharge look like?
When I find the source, what do I do?
Elimination means it must be stopped.

34. What do you know about yourself?
Pollution Prevention & Good Housekeeping
Every MS4 owned & operated service center, shop, landscaping yard, sign shop, etc. is compelled by the NPDES program to:
Develop a written Plan
Select, install, and implement BMPs
Conduct annual training
Prevent pollution in runoff
Public Works, Parks & Rec, Transportation, Utilities

35. Pollution Prevention (P2) Measures
Practices that reduce or eliminate the creation of pollutants through:
Modifying production processes
Promoting the use of non-toxic or less toxic substances
Implementing conservation techniques
Reusing materials rather than putting them into the waste stream

36. Good Housekeeping Measures
Practical, cost-effective methods to:
Maintain a clean and orderly site
Minimize the quantity of contaminants entering storm water runoff
Includes spill clean-up process, litter control, waste management & materials management
All areas of the site should be maintained in a clean and orderly condition

37. P2 and Good Housekeeping
Common MS4 practices requiring management are:
Cutting and welding street signs – metal fines
Graffiti management - paint waste
Landscaping – pesticides, herbicides, fertilizers
Solid waste – trash, litter, putrescible
Fleet – fueling, car washes, maintenance, tires
Fire – fleets, training centers, dry weather discharges

38. What do you know about yourself?
Public Education & Outreach /
Public Involvement
Every section can contribute to this Goal:
Attach information sheets to development permits
Post signs on waterways about goals
Place baggies at dog parks,
Stencil “drains to creek” on inlets
Sponsor litter clean up events, etc.

39. Reach for the big picture

40. Reach for the big picture
Water quality goals include swimming, boating, and fishing in the rivers, lakes and streams
Connect the dots on how our actions can help or hurt these goals
Understand that we are all at different levels of competence
Work from where you are to get where you want to go!

41. Questions? Juliana Morelli PG, REM, CPESC, CESSWI 210-386-6580