1. What Works (And What Doesn’t Work) in Permitting and Enforcement
U.S. EPA
Tetra Tech, Inc

2. Overview of Presentation
WHY we care about storm water
HOW we’re evaluating our programs
Municipal
Industrial
WHAT we’re discovering
What this means for YOU
Permits
Inspections/Outreach

3. Why We Care
80% of Californians live within a 30 minute drive of the coast
Beach usage is higher in CA than in other 49 states combined (U.S Lifeguard Assn.)

4. Why We Care 700 waterbodies on CA’s impaired list
400 are from, or suspected to be from, urban sources of pollution
Evaluations have generally found that public education programs are being implemented.

5. Why We Care What are Urban Sources?
As water/snowmelt moves across the built landscape it picks up pollutants…
Household sources such as
Fertilizers/pesticides/other
Trash/animal waste
Industrial sources such as
Auto dismantlers
Metal finishers
Restaurants

6. How We’re Figuring It Out
MS4 (Municipal Separate Storm Sewer System) Audits
Talk to the Cities, Counties, and Towns that are covered under municipal storm water permits
Industrial Storm Water Permittee Inspections
Talk to the businesses that are covered under the industrial activities storm water permit

7. Municipal Permit Evaluation Project

8. Municipal Permit Evaluation Project
In 2001, EPA hired Tetra Tech to assess compliance status of certain MS4s in California
Project funded by State of California and managed by EPA Region 9
Will assist effort to determine the effectiveness of storm water programs and permit compliance
What is the MS4 project and how did it get started?
1 – This is a project that EPA and the state have been working on together w/the main objective of determining MS-4 compliance statewide.
2 – the CA project is part of a nationwide…explains Reno and PHX reviews
3 – one factor that prompted EPA to focus on MS4 programs…GAO rpt
In report on EPA's storm water program,GAO concluded that better data and evaluation of urban runoff programs is needed in order to assess the effectiveness of the program.
-specific recommendations -
--establish measurable goals for the program.
-- establish reporting guidelines in order to obtain useful and reliable data
-- review data submitted to determine whether program goals are being met
-- identify costs of storm water program

9. Municipal Project - Goals
Obtain picture of Municipal compliance
Identify common areas of deficiency, showing what areas are not working
Train State staff on conducting Municipal audits
Document effective elements of existing Municipal programs
Help define “adequate program”
1 - -
2 - to assist other Phase 1 cities still getting up to speed with the program, as well as Phase 2 cities just starting program development
3 -- cost accounting, report preparation, make improvements to the submittal aspects of the MS-4 program
***PAUSE***
4– main goal of the project is to end up with guidance document to assist state inspectors in conducting MS-4 evaluations.
Guidance being prepared as we go through the process - -
5 -- what constitutes an adequate MS-4 program? What is our baseline?

10. Municipal Project - Objectives
Overall baseline assessment of most program areas
Use an in-field verification to determine compliance with permit, federal requirements, and SWMP
Screening tool for identification of specific program areas requiring further investigation
Collect information for permit reissuance
to determine MS4 compliance, we need to evaluate individual programs.
Wrt the MS4 evals - identified several goals/objectives we would like to achieve…
1 - - Big picture evaluation…unlike the detailed inspections…
does the MS4 have the infrastructure necessary to run a good program?
2 - is the MS-4 complying with the permit?
Does the permit/program contain the minimum federal requirements?
Wrt to plan - - is the MS-4 doing what the plan says they will do?
3 - - while this is a big picture evaluation, it’s possible that areas of deficiency will be identified generally during the review that may be targeted for a more in-depth, focused inspection in the future.
4 - - collect…
5 - - determine…

11. Municipal Project - Logistics
Municipality notified 3-4 weeks prior to the evaluation
Review the annual report, Storm Water Management Plan (SWMP), correspondence
Selection of program areas for review
3-4 days to complete evaluation (including in and out briefings)
How do we prepare for an evaluation?
What can the MS4 program expect?

12. Municipal Project – Reports and Follow-up
Detailed report is generated in 2-3 weeks for EPA and Regional Board review
Potential permit violations, program deficiencies, and positive attributes are identified
Cover letter requesting a written response from the evaluated Municipalities
Report findings used to focus additional reviews

13. Industrial Storm Water Permittee Evaluation Project

14. Industrial Storm Water Permittee Evaluation Project
Over 1100 industrial inspections conducted by Tetra-tech since 2001
300 more during current state fiscal year

15. Industrial Project - Logistics
Up to 10 inspectors per field week.
Each inspector averages two inspections per day, including report and photo log writing.
The team averages up to 64 inspections per week.

16. Industrial Project - Logistics
Review the facility file and annual report(s) prior to the site visit.
Review required storm water paperwork (Storm Water Pollution Prevention Plan (SWPPP), Monitoring Plan, Sample Results). Copy Best Management Practice (BMP) list from SWPPP, if possible.

17. Industrial Project - Logistics
Perform a yard inspection. Compare SWPPP BMPs with yard conditions and identify other items that require additional BMP implementation. Take photos of all potential violations as well as a “general” yard view.
Discuss the inspection results with the facility representative. The exit interview should cover all identified potential violations.
Write the inspection report and photo log on the day of the inspection.

18. Industrial Project - Reports
Innovative report writing
Tetra-tech developed a Microsoft Access Database
Standardizes data entry for paperwork review and inspection findings
Prints standardized inspection reports

21. What We Discovered Municipal Permit Evaluation Project
Common Strengths
Common Deficiencies
Overall Program Status
Industrial Storm Water Permittee Evaluation Project
Overall State of Compliance

22. Municipal Project - Results
Program Successes
Permit requirements for new development post-construction controls have started to change development approval process
Public Education and Outreach Programs
Dedicated Sediment and Erosion Control Inspectors

25. Municipal Project - Results
Program Successes (cont.)
Increased level of awareness of construction operators
Street sweeping, system maintenance, and spill response
Increased amount of information sharing and combining resources

26. Municipal Project - Results
Program Deficiencies
Illicit Discharge Programs are largely reactive
Building Inspectors not trained to do storm water inspections (construction)
Frequency of construction inspections is not high enough to ensure compliance

28. Municipal Project - Results
Program Deficiencies (cont.)
Permits and SWMPs do not contain measurable, enforceable elements
Programs are not evaluating data
Are therefore reluctant to modify programs
Programs are not designed to specifically address pollutants of concern

29. Municipal Project - Results
Program Deficiencies (cont.)
Municipal Yards
Difficulty in implementing commercial/industrial programs

32. Industrial Project – Results Facility Ranking Scale
1 - Identified yard violations threaten human health and environment, high priority for a follow-up inspection by RWQCB inspectors.
2 - Paperwork and minor yard violations, identified violations could be dealt with by issuing an NOV letter requesting updated paperwork and/or photo documentation of changed yard conditions be submitted to the RWQCB within a specified period of time.
3 - Facility is generally in compliance, minor paperwork violations or no observed violations, no follow-up contact needed at this time.
* - Facility visited but not inspected.

33. Industrial Project –Results Facility Rankings*
* Does not include 102 Region 4 re-inspections

34. Industrial Project - Results
The facilities only represent those that have applied for coverage
California estimates that the non-filer rate may be as high as 50%

35. Los Angeles RWQCB Facility Re-Inspections
(Results from inspecting the same facilities twice, the second
inspection occurred after the facility received a non-compliance notice.)

36. Facility Reinspection Photos
11/27/01
6/3/02

37. Facility Reinspection Photos
12/13/01
6/4/02

38. Facility Reinspection Photos
11/29/01
6/4/02

39. Lessons Learned Regulators must write good permits
Permits should specify
What needs to happen
Who needs to do it
How much they need to do
When they need to get it done

40. Unenforceable Examples
“The permittee shall demonstrate compliance with this Order through the timely implementation of control measures and other actions to reduce pollutants in discharges to the maximum extent practicable in accordance with their SWMP…”
“Structural controls for water quality improvements are considered for inclusion in site drainage plans, storm drain projects, and flood control projects where applicable.”
Underline added for emphasis.

41. Measurable Goals
Ventura County: Requires development of a model SWPPP for corporation yards; all permittees implement minimum requirements in model by DATE; and permittees conduct annual inspections of yards.
Long Beach: All catch basins will be inspected and cleaned one time between May 1 and Sept. 30 of each year.

42. Lessons Learned
Permitting and compliance/enforcement are directly related
Enforceable language is clear to permittee and regulator
Without specific performance measures, almost any activity could be deemed to meet permit requirements
Education and Outreach pay off
Construction
Industrial

43. Questions? EPA Contacts John Tinger Jeremy Johnstone Ellen Blake
Tetra Tech Contacts
John Kosco
Wes Ganter
Rob Naeser