1. MS-4 Requirements and the EPA July 16, 2014

2. Your Cooperation is Needed Please mute your phone *6 To ask questions and open your line *6 This will help all of our friends!

3. PSAB’s Blended Training Webinars Traditional Classroom Sessions One-on-One Assistance

4. Upcoming Training Webinars Criminal History Information in the Hiring Process Sept 10 Recent Pa Labor Relations Decisions Sept 17 Personnel PoliciesSept 24 Before You Hit Send: How Email Can Get Employers in Trouble Oct 8 Internal Control Basics & Understanding AuditsOct 8 * Free to PSAB members 4

5. Upcoming Classroom Training The Course in Community Planning The Course in Zoning The Course in Subdivision & Land Development Review The Course in Zoning Administration Writing Effective Grants PSAB Winter Maintenance Training Managing a Professional Police Department PSAB Fall Leadership Conference October 17 - 19, 2014 www.boroughs.org

6. MS4 Requirements and the EPA September 3, 2014 Timothy S. Bytner, Esquire Babst Calland (412) 394-6504 tbytner@babstcalland.com www.babstcalland.com

7. Agenda I. MS4 Requirements Refresher Basic MS4 Requirements Six Minimum Controls II. EPA’s Administrative Order Statutory Background EPA’s Determination of Violations 7

8. Basic MS4 Requirements Basics: Stormwater Management Program MS4 TMDL Plan Chesapeake Bay Pollutant Reduction Plan 8

9. Basic MS4 Requirements Reporting New Permits/Chesapeake Bay Watershed Renewal Permits Recordkeeping Reports Made to DEP Retained for at least 3 years + 1 year after termination of discharge 9

10. Six Minimum Control Measures MCMs 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post-Construction Stormwater Management 6. Stormwater Management for Municipal Operations 10

11. Six Minimum Control Measures Public Education and Outreach Programs and Activities BMPs and Measurable Goals 11

12. Six Minimum Control Measures Public Involvement/Participation Comply with applicable public notice requirements BMPs and Measurable Goals 12

13. Six Minimum Control Measures Illicit Discharge Detection and Elimination Dry Weather Discharges Direct Tie-Ins from Residential Areas Indirect Sources – Car Washing, Cracked Sewer Lines 13

14. Six Minimum Control Measures Construction Site Runoff Control Requirements for Owners/Operators 5,000 Square Feet Threshold 1 Acre Threshold Municipality’s Role Ordinance 14

15. Six Minimum Control Measures Post-Construction Stormwater Management DEP Requirements Municipality’s Role 15

16. Six Minimum Control Measures Stormwater Management for Municipal Operations O&M Program BMPs 16

17. EPA’s Administrative Order Statutory Background Clean Water Act EPA Authority Delegation to PA Overfiling 17

18. EPA’s Administrative Order Background of Orders Issued in Late May/Early June Timeframe Reviews of Annual Reports Alleged Violations of 6 MCMs 18

19. EPA’s Administrative Order Majority of Alleged Violations Involve: Public Education and Outreach Public Participation/Involvement Illicit Discharge Detection and Elimination Construction Site Stormwater Runoff Control Post-Construction Stormwater Management in New Development and Redevelopment 19

20. EPA’s Administrative Order Order for Compliance: Response to Order Judicial Review Potential Penalties Civil = $37,500/Day/Violation Criminal = $50,000/Day/Violation + Imprisonment 20

21. EPA’s Administrative Order Next Steps: Appeal? Negotiations Work Plan Penalties Attorneys 21

22. Questions or Comments Tim Bytner (412) 394-6504 tbytner@babstcalland.com Kevin Garber (412) 394-5404 kgarber@babstcalland.com 22