EPA
United States
Environmental Protection
Agency
Office Of Water
(EN-336)
Novemoe: 199.
Guidance Manual
For The Preparation
Of Part 2 Of The NPDES
Permit Applications For Discharges
From Municipal Separate
Storm Sewer Systems
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FOREWORD
This manual provides detailed guidance on the development of Part 2 permit
applications for municipal separate storm sewer systems. It provides technical assistance and
support for all municipal separate storm sewer systems subject to regulatory requirements
under the National Pollutant Discharge Elimination System (NPDES) program for storm
water point source discharges. This manual also emphasizes the application of pollution
prevention measures and implementation of Best Management Practices (BMPs) to reduce
pollutant loadings and improve water quality.
The control of pollution from urban and industrial storm water discharges is critical in
maintaining and improving the quality of the Nation's waters. Pollutants in storm water
discharges from many sources are largely uncontrolled. The National Water Quality
Inventory, 1990 Report to Congress, provides a general assessment of water quality based on
biennial reports submitted by the States under Section 305(b) of the Clean Water Act
(CWA). The report indicates that roughly one third of the impairment in assessed waters
is due to storm water runoff.
This document was issued in support of Environmental Protection Agency (EPA)
regulations and policy initiatives involving the development and implementation of a
national storm water program. This document is Agency guidance only. It does not
establish or affect legal rights or obligations. Agency decisions in any particular case will
be made applying the laws and regulations on the basis of specific facts when permits are
issued or regulations promulgated.
This document will be revised and expanded periodically to reflect additional guidance.
Comments from users are welcomed. Send comments to U.S. EPA, Office of Wastewater
Enforcement and Compliance, 401 M Street, SW, Mail Code EN-336, Washington, D.C.
20460.
Michael B. Cook,
Director
Office of Wastewater Enforcement
and Compliance
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TABLE OF CONTENTS
1.0 INTRODUCTION 1-1
1 1 Overview . .1-1
1.2 Summary of the Gean Water Act Requirements 1-1
1 3 The Permit Application Process 1-2
1.4 Who Must Submit a Part 2 Application 1-2
1.5 Submitting the Part 2 Application 1-4
1.6 Use of Information in Part 1 and Part 2 Applications 1-9
1.7 Organization of this Manual 1-9
1.8 Other Guidance Available 1-9
2 0 THE PART 2 APPLICATION 2-1
2.1 Background .2-1
2.2 Part 1 Applications 2-3
2.2.1 Overview of the Part 1 Application 2-3
2.2 2 Overview of the Part 2 Application 2-4
2.2 3 Relationship Among Application Requirements 2-5
2 3 Additional Factors to be Considered in Developing the Part 2 Application 2-7
3 0 ADEQUATE LEGAL AUTHORITY . 3-1
3.1 Background 3-1
3 2 Summary of Regulator)' Requirements 3-1
3 2 1 Control Construction Site and Other Industrial
Discharges to the MS4 3-1
3.2.2 Prohibit Illicit Discharges and Control Spills and Dumping 3-2
3.2 3 Control Contributions of Coapplicants 3-2
324 Require Compliance with all Regulations and Statutes 3-3
3.2.5 Carry Out Inspection, Surveillance, and Monitoring Procedures 3-3
3.3 Procedures for Demonstrating Adequate Legal Authority 3-4
4.0 SOURCE IDENTIFICATION 4-1
4 1 Background . . . . . . 4-1
4 2 Major Outfalls . 4-1
4 2 1 Definition of a Major Outfall 4-2
422 Identifying Major Outtalls 4-2
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4 3 Inventory of Industrial Dischargers 4-2
4 3.1 Facilities that must be Included in the Inventory 4-2
432 Identifying the Industrial Facilities 4-3
4.4 Organizing the Industrial Inventory by Watershed 4-5
5 0 CHARACTERIZATION DATA 5-1
5.1 Background 5-1
5.1.1 Objective of this Section 5-1
5.1.2 Potential Impacts of Storm Water Runoff 5-1
5.13 Use of the Characterization Data 5-3
5.1.4 Storm Water Sampling and Analysis Procedures 5-3
5.2 Summary of Regulatory Requirements 5-5
5.3 Quantitative and Qualitative Data Requirements 5-5
5.3.1 Selection of Representative Sampling Sites 5-5
5.3 2 Criteria for Storm Water Discharge Sampling 5-6
5.3.3 Narrative Description of Storm Event 5-7
5.3 4 Chemicals/Water Quality Parameters to be Measured 5-7
5.3 5 Additional Quantitative Data 5-10
5.4 Estimation of System-wide Event Mean Concentrations and Annual
Pollutant Loads 5-10
5 4.1 Data Sources 5-11
5 4.2 Event Mean Concentrations 5-13
543 Annual Pollutant Loadings 5-13
5.5 Proposed Schedule for Seasonal Loads and Representative Event Mean
Concentrations of Major Outfalls 5-17
5.6 Collection of Representative Data for Proposed Monitoring Program for the
Term of the Permit 5-19
5.6.1 Goals of a Monitoring Program 5-20
5.6.1.1 Characterizing Discharges 5-20
5.6.1.2 Evaluating the Source(s) of Specific Pollutants 5-20
5.6.1.3 Evaluating the Performance of Specific Controls 5-21
5 6.1 4 Identifying the Full Range of Chemical, Physical, and
Biological Water Quality Impacts 5-21
562 Monitoring Procedures 5-23
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6.0 PROPOSED MANAGEMENT PROGRAM 6-1
61 Background 6-1
6.2 Summary of Regulatory Requirements 6-1
6.3 Programs to Control Storm Water Runoff from Commercial and Residential
Areas, Construction Sites, and Industrial Facilities 6-2
6.3.1 Commercial and Residential Activities 6-2
6 3 1.1 New Development and Significant Redevelopment 6-3
6.3.1.2 Public Streets, Roads, and Highways 6-6
6.3.1.3 Flood Management Projects 6-8
6.3.1 4 Municipal Waste Facilities 6-9
6.3.1.5 Pesticides, Herbicides, and Fertilizers 6-9
6.3 2 Construction Sites 6-11
6.3 21 Site Planning 6-12
6.3 2.2 Nonstructural and Structural BMPs for Construction
Activities -^ 6-13
6.3.2.3 Site Inspections and Enforcement of Controls for Construction
Sites 6-13
6.3 2.4 Educational Measures for Construction Site Operators . . . . 6-15
6 3.3 Program to Control Pollutants in Storm Water Discharges from
Waste Handling Sites and from Industrial Facilities 6-16
6.3 3 1 Identifying Priorities 6-17
6332 Developing Procedures 6-18
6333 Establishing and Implementing Controls 6-19
6.3.3.4 Inspection and Monitoring 6-19
6.4 Structural Controls 6-21
') 4 1 Description of Structural Controls . . . 6-21
6.4 1 1 Detention Controls 6-25
6 4.1.2 Infiltration Controls 6-26
6 4.1 3 Filtration Controls 6-28
6.4 2 Maintenance Activities 6-29
643 Considerations for Planning and Siting Controls 6-30
6431 Use of Municipal Lands 6-30
6432 Use of Private Lands 6-31
6433 Siting Considerations 6-31
6 5 Program and Schedule to Detect and Remove Illicit Discharges and
Improper Disposal 6-31
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6 5.1 Prohibiting Illicit Discharges . . 6-32
6.5.2 Field Screening 6-33
653 Investigation of Potential Illicit Discharges 6-34
6 5.4 Spill Response and Prevention ... 6-35
655 Public Awareness and Reporting Program 6-37
6 5.6 Proper Management of Used Oil and Toxics 6-37
6.5 7 Infiltration of Seepage 6-38
6 6 Signatory and Certification Requirements - . . 6-39
6 7 Implementation of the Storm Water Program 6-39
7.0 ASSESSMENT OF CONTROLS 7-1
71 Background 7-1
7.2 Assessment of Storm Water Management Program 7-1
7.2 1 Direct Measurements of Program Effectiveness 7-2
7.2.2 Indirect Measurements of Program Effectiveness 7-3
7.2 3 Impacts of Storm Water Controls on Ground Water 7-3
7.3 Annual Reports on the Effectiveness of the Storm Water Management
Program 7-3
8 0 FISCAL ANALYSIS 8-1
81 Background . 8-1
8 2 Procedure for Conducting a Fiscal Analysis ... 8-1
Appendix A: Bibliography
Appendix B- Part 2 Application Requirements
Appendix C Adequate Legal Authority
IV
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LIST OF EXHIBITS
Exhibit 1-V Large and Medium MS4s 1-3
Exhibit 1-2: NPDES Storm Water Program Permitting Authorities 1-5
Exhibit 1-3: Documents Available from the EPA Storm Water Hotline 1-10
Exhibit 2-1: Part 1 and Part 2 Application Requirements 2-2
Exhibit 2-2: Examples of Relationship Among Part 2 Requirements 2-6
Exhibit 2-3: Excerpts from a Public Involvement Program 2-11
Exhibit 4-1: Industry Categories Cited in the Definition of Storm Water Associated
with IndustriaJ Activity 4-4
Exhibit 4-2: Example of a Map Organizing Industry by Watershed 4-8
Exhibit 5-1 • Priority Pollutants Detected in at Least 10% of NURP Samples 5-4
Exhibit 5-2: Pollutants Listed in Table n in Appendix D of 40 CFR Part 122 5-8
Exhibit 5-3: Pollutants Listed in Table ID in Appendix D of 40 CFR Part 122 5-9
Exhibit 5-4: Conventional Pollutants Listed in Section 122.26(d)(2)(iii)(A)(3) 5-9
Exhibit 5-5- Pollutants for which Event Mean Concentrations and Annual Pollutant
Loads Must be Calculated 5-11
Exhibit 5-6: NURP Study Range of Detected Concentration for Specific Pollutants ... 5-12
Exhibit 6-1: Storm Water Programs in Delaware and Florida 6-6
Exhibit 6-2: Construction Site BMPs 6-14
Exhibit 6-3: Structural Controls Matrix 6-22
Exhibit 6-4 Sample Illicit Discharge Investigation Procedures Options 6-35
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CHAPTER 1
INTRODUCTION
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1.0 INTRODUCTION
1.1 OVERVIEW
Control of pollution from urban and
industrial storm water discharges is an
important factor in maintaining and improving
the quality of the Nation's waters. To help
improve the quality of storm water discharges.
Congress passed the Water Quality Act (WQA)
in 1987. The WQA added to the Clean Water
Act (CWA) a provision [Section 402(p)] that
directed the U.S. Environmental Protection
Agency (EPA) to establish final regulations
governing storm water discharges under the
National Pollutant Discharge Elimination
System (NPDES) program.
In response, EPA published regulations in
the November 16,1990, Federal Register (55 FR
47990) that established NPDES permit
application requirements for storm water point
source discharges As part of these regulations,
municipal separate storm sewer systems (MS4s)
that serve populations greater than 250,000
("large MS4s"), MS4s that serve populations
between 100,000 and 250,000 ("medium MS4s"),
and other MS4s identified by the permitting
authority must be covered by NPDES permits.
The regulations establish a two-part application
process for these MS4s In April 1991, EPA
issued guidance on the preparation of Part 1 of
the NPDES permit application for discharges
from MS4s OIPA, 1991b). The present manual
provides guidance on the preparation of Part 2
applications. The information in this manual
should help municipalities focus their efforts on
activities that meet the application
requirements.
1.2 SUMMARY OF THE CLEAN WATER
ACT REQUIREMENTS
Section 402 of the CWA prohibits the
discharge of any pollutant to waters of the
United States from a point source, unless that
discharge is authorized by a NPDES permit.
Efforts to improve water quality under the
NPDES program have traditionally focused on
reducing pollutants in discharges of industrial
process wastewater and municipal sewage. As
pollution control measures have been
implemented for these discharges, it has
become evident that diffuse sources of water
pollution (those occurring over a wide area) are
also major contributors to water quality
degradation. Recent studies, including the
Nationwide Urban Runoff Program (NURP)
study (EPA, 1983), have shown that storm
water runoff from urban and industrial areas
typically contains the same general types of
pollutants that are often found in wastewater
in industrial discharges. Pollutants commonly
found in storm water runoff include heavy
metals, pesticides, herbicides, and synthetic
organic compounds such as fuels, waste oils,
solvents, lubricants, and grease. These
compounds can have damaging effect on both
human health and aquatic ecosystems. In
addition to pollutants, the high volumes of
storm water discharged from MS4s in areas of
rapid urbanization have had significant impacts
on aquatic ecosystems due to physical
modifications such as bank erosion and
widening of channels.
The statutory provisions governing
discharges from MS4s are contained in CWA
Section 402(p)(3)(B). In general, Congress
provided mat permits for discharges from
MS4s:
• May be issued on either a system- or
jurisdiction-wide basis;
• Shall effectively prohibit non-storm
water discharges into the MS4, and
• Shall require controls to reduce the
discharge of pollutants to the maximum
extent practicable (MEP).
1-1
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Introduction
Under the storm water program, the initial
round of NPDES permits will emphasize the
use of Best Management Practices (BMPs) to
reduce pollutant loadings from MS4s. These
BMPs include pollution prevention measures,
management practices, control techniques, and
design and engineering practices. As with any
discharger subject to the NPDES program,
M54s must meet technology-based
requirements [in this case, the "maximum
extent practicable" standard of Section 402(p)]
as well as applicable water quality standards.
L3 THE PERMIT APPLICATION PROCESS
The goal of the NPDES program for
municipal storm water is the reduction and
elimination of pollutants in storm water
discharges from large and medium MS4s. The
permit application process in 40 CFR 122.26(d)
is designed to meet this goal by developing
site-specific NPDES permits containing storm
water management programs for individual
MS4s. Site-specific permitting is crucial given
the differing nature of discharges from MS4s in
different parts of the country and the varying
impacts of these discharges on receiving
waters. To facilitate this process, the
regulations specify a two-part permit
application.
Part 1 of the permit application initiates the
process through which municipalities began to
identify sources of pollutants to the municipal
storm sewer system. Part 1 also requires
municipalities to propose strategies to
characterize storm water discharges from their
municipal separate storm sewer systems.
Guidance for the Preparation of Part I of The
NPDES Permit Applications for Discharges From
Municipal Separate Storm Sewer Systems was
issued in April 1991, and is available through
EPA's Storm Water Hotline 1(703) 821 ^8231.
The present manual describes how to meet
the Part 2 permit application requirements for
storm water discharges from large and medium
MS4s Part 2 of the permit application builds
upon the foundation established in Part 1 and
provides for the development of comprehensive
storm water management programs. Part 2
requires particular information that MS4s must
have developed to have an effective storm
water control plan. However, each applicant is
given flexibility on how to present and
organize this information in a way which best
suits the MS4's needs and is most consistent
with its overall storm water management
strategy. This guidance presents examples
which illustrate some alternative ways to
present information that will fulfill the Part 2
permit application requirements.
1.4 WHO MUST SUBMIT A PART 2
APPLICATION
Municipalities, incorporated places, and
counties with unincorporated urban areas that
own or operate a large or medium MS4 that
discharges to waters of the United States are
required to obtain a NPDES storm water
permit. In addition, small MS4s (less than
100,000) that are owned or operated by a
municipality other than those identified in the
NPDES regulation can be designated by the
permitting authority as part of the large or
medium municipal separate storm sewer
system due to the interrelationship between the
discharges of the designated storm sewer and
the discharges from municipal separate storm
sewers.
Under EPA's definition of MS4, "large"
MS4s serve populations greater than 250,000,
and "medium" MS4s serve populations of at
least 100,000, but less than 250,000. Population
is determined by the most recent Decennial
Census by the Bureau of the Census. A list of
large and medium municipalities identified in
the November 16, 1990, rule is contained in
Exhibit 1-1, in which population was based on
the 1980 Census. After the publication of the
November 16, 1990, rule, the Bureau of the
Census released data for 1990, and, as a result,
some additional municipalities may be
required to submit applications, while others
may fall below 100,000. These changes are
not reflected in Exhibit 1-1.
1-2
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Introduction
Exhibit 1-1: Large and Medium MS4s
(Based on 1980 Census Data)
Municipalities, Counties, and
Incorporated Areas With
Populations greater than 250,000
which Must Submit NPDES
Storm Water Applications
State
Entity
Alabama Birmingham
Arizona Phoenix
Tucson
California Long Beach
Los Angeles
Los Angeles County
Oakland
Sacramento
Sacramento County
San Diego
San Diego County
San Francisco
San Jose
Colorado Denver
Delaware New Castle County
District of Columbia
Florida Dade County
Jacksonville
Miami
Tampa
Georgia Atlanta
DeKalb County
Hawaii Honolulu County
Illinois Chicago
Indiana Indianapolis
Kansas Wichita
Kentucky Louisville
Louisiana New Orleans
Maryland Anne Arundel County
Baltimore County
Baltimore
Montgomery County
Pnnce George's County
Massachusetts Boston
Michigan Detroit
Minnesota Minneapolis
St Paul
Missouri Kansas City
St Louis
Nebraska Omaha
New Jersey Newark
New Mexico Albuquerque
Ne* York Buffalo
Bronx Borough
Brooklyn Borough
Manhattan Borough
Queens Borough
Staten Island Borough
North Carolina Charlotte
Ohio
Oklahoma
Oregon
Pennsylvania
Tennessee
Texas
Utah
Virginia
Washington
Wisconsin
Cinonnab
Cleveland
Columbus
Toledo
Oklahoma Dry
Tulsa
Portland
Philadelphia
Pittsburgh
Memphis
Nashville/Davidson
Austin
Dallas
El Paso
Fort Worth
Hams County
Houston
San Antonio
Salt Lake County
Fairfax County
Norfolk
Virginia EeaUi
King Counr\
Seattle
Milwaukee
Municipalities, Counties, and
Incorporated Areas with
Populations between 100,000 and
250,000 which Must Submit
NPDES Storm Water Applications.
State
Entity
Alabama
Alaska
Arizona
Arkansas
California
Huntsville
Jefferson County
Mobile
Montgomery
Anchorage
Mesa
Puna County
Tempe
Little Rock
Alameda County
Anaheim
Bakersfield
Berkeley
Concord
Contra Costa County
Fremont
Fresno
Fullerton
Garden Groie
Glen dale
Hunhngton Beach
Kern County
Modesto
California, cont Orange County
Oxnard
Pasadena
Riverside
Riverside County
San Bernardino
San Bernardino County
Santa Ana
Stockton
Sunnyvale
Torrance
Colorado Aurora
Colorado Springs
Lake wood
Pueblo
Connecticut Bridgeport
Hartford
New Haven
Stamlord
Waterbun
Florida Broward County
Escambia Counrv
Fort Lauderdale
Hileah
Hillsborough Counrv
Hollywood
Orange Counrv
Orlando
Palm Beach Counrv
Pinedas Counrv
Polk County
Sarasota County
St Petersburg
Georgia Clayton County
Cobb County
Columbus
Macon
Richmond County
Savannah
Idaho Boise City
Illinois Peona
Rockford
Indiana Evansvdle
Fort Wayne
Gary
South Bend
Iowa Cedar Rapids
Davenport
Des Momes
Kansas Kansas Cir\
Topeka
Kentucky Jefferson County
Leongton-Fayette
Louisiana Baton Rouge
Jeflerson Parish
Shiev, eport
(continued)
1-3
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Introduction
Exhibit 1-1: Large and Medium MS4s (cont)
(Based on 1980 Census Data)
Massachusetts
Michigan
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New York
Springfield
Worcester
Ann Arbor
Flint
Grand Rapids
Lansing
Livonia
Sterling Heights
Warren
Jackson
Independence
Springfield
Lincoln
dark County
Las Vegas
Reno
Elizabeth
Jersey Qty
Palerson
Albany
Rochester
Syracuse
Yonkers
North Carolina
Ohio
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Durham
Greensboro
Raleigh
Wtnston-Salem
Cumberland County
Akron
Dayton
Youngstown
Eugene
Multnomah County
Washington County
Allen town
Ene
Providence
Columbia
Greenville County
Richland County
Chattanooga
KnoxviDe
Amanllo
Arlington
Beaumont
Texas, confd Corpus Christ!
Garland
Irving
Lubbock
Pasadena
Waco
Utah Salt Lake City
Virginia Alexandria
Arlington County
Chesapeake
Chesterfield County
Hampton
Henrico County
Newport News
Portsmouth
Richmond
Roanoke
Washington Snohomish County
Spokane
Pierce County
Tacoma
Wisconsin Madison
Source. 55 FR 48073, November 16, 1990.
The definition of MS4 excludes those
conveyances that are designed to discharge
storm water runoff combined with municipal
sanitary sewers C'combined sewer systems").
Therefore, municipalities that own or operate
combined sewer systems may petition to have
their population, based on Bureau of the
Census figures, reduced by the number of
people served by the combined sewer system.
If the total population served by the separate
storm sewer system alone is less than 100,000,
the municipality may be eligible for an
exemption from NPDES storm water permit
requirements. Municipalities should contact
their permitting authority for additional
information. Exhibit 1-1 does not reflect any
modifications in the application requirements
for cities with combined sewer systems.
1.5 SUBMITTING THE PART 2
APPLICATION
Completed Part 2 applications should be
submitted to the appropriate permitting
authority listed in Exhibit 1-2. For
municipalities in States with authorized NPDES
programs, the permitting authority is the State
office listed in Exhibit 1-2. Because some of
these States may have application requirements
in addition to EPA's, municipalities in States
with authorized NPDES programs should
contact their States for guidance. For
municipalities in States without approved
NPDES programs, the permitting authority is
the EPA Regional Office listed in Exhibit 1-2.
Municipalities with populations greater
than 250,000 (large MS4s) were to submit their
Part 2 applications by November 16, 1992.
Municipalities with populations greater than
100,000, but less than 250,000 (medium MS4s),
must submit Part 2 applications by May 17,
1993. Inquiries regarding Part 2 applications or
the permitting process should be directed to
the appropriate permitting authority.
1-4
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Introduction
State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connect-
icut
(Delaware
Exhibit 1-2: NPDES Storm Water
Permit Contact
Aulh
State
EPA
EPA
State
State
State
State
State
Aubrey While
Water Division
1751 Dickinson Dr
Montgomery, AL 36130
G05) 271 -7811
Steve Bubnick
U S EPA Region 10
WD-134
1200 6th Ave.
Seattle, WA 98101
(206) 553-8399
Eugene Bromley
U S EPA Region 9
W-5-1
75 Hawthorne St
San Frandsco, CA 94105
(415) 744-1906
Mark Bradley
Permitting Section Chief
8001 Nanonal Dr.
PO Box 891 3
Little Rock, AR 72219-8913
Archie Matthews
Div of Water Qua! Control
Dept. of State Water Res Bd.
Mad Code G8
901 P Street
Sacramento, CA 95814
(916) 657-0525
Patnoa Nelson
Dept of Health
Water Quality Control Div
WPCD-PE-B2
4300 Cherry Drive South
Denver, CO 80222-1530
(303) 692-3590
Permit Coordinator
Dept of Envir Protection
Water Management Bureau
165 Capitol Ave.
Hartford, CT 06106
(203) 566-7167
Chuck Schadel
Dept of Natural Resources
Surface Water Management
89 Kings Hwy,PO Box 1401
Dover. DE 19903
(302) 739-5731
Program Permitting Authorities
State Permit Contact
Auth
District EPA
of
Columbia
Florida EPA
Georgia State
Hawaii State
Idaho EPA
Illinois State
Indiana State
Kevin Magerr
U S EPA Region 3
3WM53
841 Chestnut Bldg
Philadelphia. PA 19107
(215) 597-1651
Chns Thomas
U.S. EPA Region 4
4WM-FP
345 Courtland SL N E.
Atlanta, GA 30365
(404) 347-2391
Allen Hall urn
Municipal Permitting Prog
Ga. Env Protection Div
4244 International Pkwy
Suite 110
Atlanta, GA 30354
(404) 362-2680
Steve Chang
Dept of Health
Clean Water Branch
Five Water Front Plaza
•500 Ala Moana Blvd.
Honolulu, HI 96813
(808) 586-1309
Steve Bubnick
U S EPA Region 10
WD-134
12006th Avenue
Seattle, WA 98101
(206) 553-8399
Sue Epperson
EPA Water Poll Control
Permits Section #15
PO Box 19276
Springfield, IL 62794-9276
(217) 782-0610
Catherine Hess
DepL of Env MgmL
NPDES Permits Group
Room #718
105 S Meridian St.
PO Box 6015
Indianapolis, DM 46206-6015
(317) 232-8704
(Continued)
1-5
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Introduction
State
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass-
achusetts
Michigan
Exhibit 1-2: NPDES Storm Water Pr<
Permit Contact
Auth
State Monica Wnuck
Dept of Natural Resources
Wallace State Building
900 E Grand Street
DesMomes, IA 50319-0034
(515)281-7017
State Don Carlson
Dept of Health and Env
Bureau of Water
bid. or Mun. Progs. Section
Forbes Reid, Building 740
Topeka, KS 66620
(913) 296-5555
State Douglas Allgeier
DepL of Env Protection
Water Division
14 Rally Road
Frankfort, KY 40601
(502) 564-3410
EPA Brent Larsen
U S EPA Region 6
6W-PM
1455 Ross Ave
Dallas, TX 75202
(214)655-7175
EPA Shelley Puleo
U S EPA Region 1
JFK Biulding/WCP
Boston, MA 02203
(617) 565-3525
State Brian Qevenger
MD DepL of Environment
Sed. & Storm Water Admin.
2500 Broening Htvy
Balbmore, MD 21224
(410) 631-3545
EPA Shelley Puleo
U S EPA Region 1
WCP
IFK Building
Boston, MA 02203
(617) 565-3525
State • Gary Boersen
Dept of Natural Resources
Surf Wtr Qual Div -Permits
P O Bot 30028
Lansing, Ml 48909
(517) 3~J-19S2
)gram Permitting Authorities (cont)
State Permit Contact
Auth.
Minnesota State
Miss- State
issippi
Missouri State
Montana State
Nebraska Stale
Nevada State
New EPA
Hampshire
New State
Jersey
Scott Thompson
Pollution Control Agency
520 Lafayette Rd
St. Paul, MN 55155-3898
(612) 296-7203
Louis Lavalee
Dept of Env Quality
Office of Pollution Control
bid. Wastewater Branch
PO Box 10385
Jackson, MS 39289-0385
(601) 961-5074
KarlFett
DepL of Natural Resources
Water Poll Control Program
205 Jefferson St
PO Box 176
Jefferson City, MO 65102
(314) 526-2928
Fred Shewman
Water Quality Bureau
Cogswell Building
Helena, MT 59620
(406) 444-2406
Clark Smith
Environmental Quality
P O Box 98922
Lincoln, NE 68509
(402) 471-4239
Rob Saunders
Conserv & Natural Res
Environmental Protection
333 W Nye Lane
Carson City, NV 89710
(702) 687-5870
Shelley Puleo
U S EPA Region 1
WCP
JFK Building
Boston, MA 02203
1617)565-3525
Barry Chalofsky
NJDEPE
Office of Regulatory Policy
CN423
Trenton, N) 08625-0423
(609) 633-7021
(Continued)
1-6
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Introduction
Exhibit
State Permit
Auth
New EPA
Mexico
New York State
North State
Carolina
North State
Dakota
Ohio Stale
Oklahoma EPA
Oregon State
1-2: NPDES Storm Water Pr<
Contact
Brent Larsen
U S EPA Region 6
6W-PM
1445 Ross Ave
Dallas, TX 75202
G14) 655-7175
Ken Stevens
Wastewater Facilities Design
NY State DepL of Env Cons
50 Wolf Road
Albany, NY 12233
(518) 457-1157
Colleen Sullins
Environmental Management
Water Permits & Eng
P 0 Box 29535
Raleigh, NC 27626-0535
(919) 733-5083
Shelia McOenathan
Depl of Health
Water Quality Div
1 200 Missouri Ave.
P 0 Box 5520
Bismarck ND 585202-5520
(701)221-5210
John Momson
OEPA
Water Pollution Control
1800 Watermark
PO Box 1049
Columbus, OH 43266
(614) 644-2017
Brent Larsen
U S EPA Region 6
6W-PM
1445 Ross Avenue
Dallas, TX 75202
(214) 655-7175
Ted Williamson
Discharge Permits Division
Oklahoma Dept of Health
1000 NE 10th
Oklahoma City, OK 73117
Ranei Nomura
DEQ-Water Quality
811 SW 6th Ave
Portland, OR 97204
(503i 229 5256
[jgram Permitting
Stale Permit
Auth
Pennsyl- State
vama
Puerto EPA
Rico
Rhode Stale
bland
South State
Carolina
South EPA
Dakota
Tennessee State
Texas EPA
Utah State
Authorities (cont)
Contact
RB Patel
Environmental Resources
Water Quality Management
P 0 Box 2063
Hamsburg,PA 17120
(717) 787-8184
Jose Rivera
U S EPA Region 2
Wtr Permits & CompL Br
26 Federal Plaza, Room 845
New York, NY 10278
(212)264-2911
Peter Duhamel
Division of Water Resources
291 Promenade St
Providence, RI 02908
(401) 277-6519
Arturo Ovalles
DHEC
Industry and Agriculture
Waste water Division
2600 Bull St
Columbia, SC 29201
<803> 734- 5241
Vein Berry
U S EPA Region 8
8-WM-C
Suite 500
999 18th St
Denver, CO 802022466
(303)293-1630
Robert Haley
Dept of Env Wlr Poll Ctrl
401 Church St
6lh Floor
L & C Annex
Nashville, TN 37243-1534
(615) 532 0625
Brent Larsen
U S EPA Region 6
6W-PM
1445 Ross Ave.
Dallas, TX 37243-1534
Harry Campbell
Div of Water Qua!
PO Box 144870
Salt Lake City, UT 84114-4870
(SOU 538-6140
(Continued)
1-7
-------
Introduction
Exhibit 1-2: NPDES Storm Water Program Permitting Authorities (cont)
State
State
Permit Contact
Aulh
Permit Contact
Auth
Vermont Stale Brian Kooker
Env Conserv Permits
Compliance & Protection
103 S Main St.
Annex Building
Waterbury, VT 05671-0405
(802) 244-5674
Virgin State Marc Paofioo
Islands Dept of Planning & Nat
Resources
Dlv of Env Protection
1118 Watergut Project
Box 1118
Christians ted
St Crou, VI 00820-5065
(809)773-0565
Virginia State Burton Tuxford
VA Water Control Board
4900 Cox Road
Glen Allen, VA 23060
(804) 527-5000
Wash- State
Ington
West State
Virginia
Wisconsin State
Wyoming State
EdCrBnen
Dept of Ecology
Industrial Storm Water Unit
Water Quality Div
P O. Box 47696
CKympia, WA 98504-7696
(206) 438-7614
Jerry R«y
Office of Water Resources
1201 GreenbriarSt
Charleston, WV 25311 1088
(304)558-0375
Anne Manuel
Dept of Natural Resources
Wastewater Management
P.O Box 7921
Madison, WI 53707
(608) 267-7694
John Wagner
Dept of Envir Quality
Herschler Building
4th Floor
Cheyenne, WY 82002
(307) 777-7082
Source Poll of Regional and State othces
1-8
-------
Introduction
1.6 USE OF INFORMATION IN PART 1
AND PART 2 APPLICATIONS
The information submitted in the Part 1
and Part 2 permit applications provides
applicants with a starting point for developing
comprehensive storm water management
programs. For example, the field screening
data submitted with the Part 1 application
provides a basis for a program to control illicit
discharges. Also, the application information
may assist in prioritizing controls and in long-
term tracking of program effectiveness.
Permitting authorities will use the
information from each municipality's Part 1
and 2 applications as the basis for establishing
conditions in that municipality's NPDES storm
water permit. For example, if a municipality
submits a satisfactory application, all or part of
its proposed storm water management program
is likely to become an integral part of its
permit
1.7 ORGANIZATION OF THIS MANUAL
Chapter 1, Introduction, provides a brief
overview of the Part 2 permit application
process It discusses who must submit a Part
2 application and how the information in the
applications will be used It also contains a
summary of the statutory and regulatory basis
for the NPDES storm water program.
Chapter 2, The Part 2 Application, describes
the statutory and regulatory requirements of
municipal NPDES storm water permit
applications in more detail. Chapter 2 outlines
the specific requirements of the Part 1 and Part
2 applications, explains how Part 2 builds on
the Part 1 application, and describes the
interconnection among the various components
ot the Part 2 application.
Chapter 3, Adequate Legal Authority,
describes how municipalities must demonstrate
that they have adequate legal authority to carry
out the program requirements [§122.26(d)(2)(i)l
Chapter 4, Source Identification, provides
guidance on identifying major outfalls and
inventorying dischargers to the MS4 [§1 22 26fd)
Chapter 5, Discharge Characterization,
provides guidance for submitting quantitative
data on the MS4 and developing a proposed
monitoring program [§12226(d)(2)(in)].
Chapter 6, Proposed Management Program,
describes the steps municipalities must take
when they develop site-specific storm water
management programs l§122.26(d)(2)(iv)].
These plans are* the heart of the municipal
permit application, and the permitting
authority will probably incorporate all or part
of the municipality's proposed management
program into their NPDES storm water permit.
In their proposed management programs,
municipalities must describe management
practices, control techniques and systems,
design and engineering methods, and other
provisions that are aimed at reducing the
discharge of pollutants to the "maximum extent
practicable "
Chapter 7, Assessment of Controls, explains
how a municipality can assess the effectiveness
of its storm water management program and
target priorities through the use of direct and
indirect measures (§12226(d)(2)(v)J
Chapter 8, Fiscal Analysis, provides
guidance on estimating necessary capital and
operation and maintenance expenditures, and
financing these expenditures |§122 26(d)(2)(vi)].
1.8 OTHER GUIDANCE AVAILABLE
Municipalities should use this guidance
document together with the Part 1 guidance
(EPA, 1991b). Exhibit 1-3 lists other sources of
guidance available from EPA's Storm Water
Hotline [(703) 821-4823] In addition,
applicants may wish to obtain further
information from the documents identified in
the bibliography at the end of this guidance
(Appendix A).
1-9
-------
Exhibit 1-3
Documents Available from the EPA Storm Water Hotline*
[ (703) 821-4823 ]
November 16,1990, Federal Register - 55 FR 47990 National Pollutant Discharge Elimination
System (NPDES) Permit Application Requirements for Storm Water Discharges - Final Rule
March 21,1991, Federal Register - 56 FR 12098 Application Deadline for Group Applications
Final Rule; Application Deadline for Individual Applications - Proposed Rule
August 16, 1991, Federal Register - 56 FR 40948 NPDES General Permits and Reporting
Requirements for Storm Water Discharges Associated with Industrial Activity - Proposed Rule
November 5, 1991, Federal Register - 56 FR 50548 Application Deadlines, Final Rule and
Proposed Rule
Apnl 2, 1992, Federal Register - 57 FR 11394 Application Deadlines, General Permit
Requirements and Reporting Requirements, Final Rule
Summary of November 16,1990, Storm Water Application Rule
Summary of August 16, 1991, Proposed Storm Water Implementation Rule
August 16, 1991, Proposed Storm Water Implementation Rule Package Fact Sheet
Apnl 2, 1992, Storm Water Program Rule Fact Sheet
Guidance Manual for the Preparation of NPDES Permit Applications for Storm Water
Discharges Associated with Industrial Activity (EPA 505/8-91-002, Apnl 1991)
Guidance Manual for the Preparation of Part 1 of the NPDES Permit Applications for
Discharges From Municipal Separate Storm Water Systems (EPA 505/8-91-003A, April 1991)
Typical Values of Annual Storm Events Statistics for Rain Zones of the United States ("Urban
Targeting and BMP Selection", EPA Region V, November 1990)
List of EPCRA (SARA Tide IH) Section 313 Water Prionty Chemicals (Draft)
List of State and EPA Regional Storm Water Contacts
State NPDES Program Status
Question and Answer Document
List of Reportable Quantities for Hazardous Substances Under CERCLA
NPDES Storm Water Sampling Guidance Document (EPA 833-B-92-001, July 1992)
{Continued)
1-10
-------
Exhibit 1-3
Documents Available from the Storm Water Hotline (conL)
September 9, 1992, Federal Register - 57 FR 41176 Final NPDES General Permits for Storm
Water Discharges from Construction Sites - Notice
September 9, 1992, Federal Register - 57 FR 41236 Final NPDES General Permits for Storm
Water Discharges Associated with Industrial Activity - Notice
September 9,1992 Federal Register - 57 FR 41344 National Pollutant Discharge Elimination
System, Request for Comment on Alternative Approaches lor Phase II Storm Water Program -
Proposed Rule
• The following documents are available from the National Technical Information Service (NTTS) (1) Storm Water Management
for Industrial Activities, Deivloptng Pollution Preotntion Pkn> and Best ktenagfment Practices (EPA 832-R-92-006, September 1992),
(2) Storm Water Management for Construction Actrvtties, Developing Pollution Pravnhm Plins and Best b\anagemenl Practices (EPA
832-R-92-005, September 1992)
1-11
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CHAPTER 2
THE PART 2 APPLICATION
-------
2.0 THE PART 2 APPLICATION
2.1 BACKGROUND
The NPDES permit application require-
ments for MS4s [40 CFR 122.26(d)] establish a
two-part application designed to meet the goal
of developing comprehensive site-specific storm
water quality management programs for MS4s.
The purpose of the two-part application
process is to develop information, in a
reasonable bme frame, that will build
successful storm water management programs
and allow permitting authorities to make
informed decisions about permit conditions.
The application process is designed to focus the
efforts of municipalities in two areas-
prohibiting non-storm water discharges into
storm sewers, and implementing controls that
reduce the discharge of pollutants from MS4s
to the maximum extent practicable.
Part 1 of the application requires informa-
tion on existing programs and legal authority.
In addition, Part 1 requires the results from
field screening of major outfalls to detect illicit
connections. The Part 2 application
requirements are intended to build upon the
information submitted with the Part 1
application Each part has virtually the same
major areas of concern, but the Part 2
application requires a greater level of detail.
Part 2 of the permit application requires a
demonstration of adequate legal authority,
additional information on pollutant sources and
outfalls, a limited amount of representative
quantitative sampling data, a proposed
monitoring program, a proposed storm water
management program, an estimate of the
effectiveness of storm water controls, and a
fiscal analysis. The requirements for the Part 1
and Part 2 applications are summarized briefly
in Exhibit 2-1, and described in more detail in
Secbon 2 2 The storm water regulations
underlying this guidance can be found in
Appendix B
Before applicants proceed with the detailed
development of their permit applications; they
should recognize the fundamental
requirements:
• Who or what are the primary
contributors of pollutants in storm
water discharges from MS4s?
• Where are these sources of pollutants
located in relation to receiving water
resources?
• What is the magnitude of these
pollutant sources and their potential
impact on receiving waters?
• How does the municipality plan to
reduce or eliminate the contribution of
pollutants in storm water discharges or
prevent the damaging influences of
these discharges7
• Why did the municipality select the
activities or best management practices
(BMPs) it proposes7
• When will the municipality implement
its proposed program?
• How will the applicant assess the
effectiveness of the program7 What
criteria or measures will apply7
• How will the municipality fund
proposed program activities?
Wherever appropriate, the applicant must
also show that it has adequate legal authority
to implement, enforce, or mandate compliance
with applicable ordinances, statutes, contracts,
or other similar vehicles as required by the
storm water regulation.
2-1
-------
Exhibit 2-1: Part 1 and Part 2 Storm Water Application Requirements.
Adequate Legal Authority
Ptrtl
• Identity existing ordnances ffial control
storm water discharges to the MS4.
• Determine gaps In toga) authority and
develop schedule
Pmrt2
• Demonstrate that legal authority has
been obtained to control hMJuatilal
discharges, HllcH discharges,
dumping, and the contilbufJon of
pollutants from coappacants.
• Show that l»g*l authorities ars
enforceable.
Proposed Management Program
Parti
• Identify existing storm water management
activities
Pmrt 2
• Identify commercial and residential.
construction, and Industrial activities
to be addressed hi the atom water
Diagram.
• Develop appropriate control measures
tor commercial and residential,
construction, and Industrial scUvMeft.
• DMl0n • proQfMn to prohibit Midi
Source Identification
Ptrtl
• Describe historical use at legal controls
• Identity major curtate and Industrial
contributors to the MS4
• Provide topographic map
Part*
• Identify additional major outfafls.
• Identify additional Industries.
• Organize Industrial Inventory by
watershed.
Charactizatlon Data
i
• Provide rain and snowfal data. Ltet
receiving water bodies, and describe
water quality Impacts
• Provide results of Held screening
analysis, and propose representative
outfalls tor sampling
Pmrtl
• Provide results ol sampling.
• Estimate annual and seasonal
poHutant loadings and event mean
concenvatJoiis.
• Propose monitoring program.
Assessment of Controls
Part 2
• Estimate expected reduction In
pollutant loadings.
• Describe any known Impacts of atom
water controls on ground water.
Fiscal Analysis
• Describe budget tor existing storm water
programs and resources available to
complete Part 2.
Part*
• Estimate capital and operating coats
ry lor the storm water
management program.
• List avaHabte sources ol funding and
legal restrictions on these sources.
2-2
-------
The Part 2 Application
These questions (described above) that an
applicant must address follow a natural
progression or development. For example,
before applicants can identify how they will
reduce the contribution of pollutants in storm
water discharges (the fourth bullet point
above), they must identify pollutant sources
and estimate the magnitude of pollutant loads
(bullet points 1-3 above).
2.2 PART 1 APPLICATIONS
Sections 2.2.1 and 222 provide overviews
of the regulatory requirements of §12226(d).
Section 223 describes the relationship among
the various application provisions.
2.2.1 Overview of the Part 1 Application
Part 1 applications consist of the following
six elements
• General information. The applicant's
name, address, telephone number of
contact person, ownership status and
status as a State or local government
entity
• Legal authority. A description of
existing legal authority to control
discharges to the MS4, and if this
authority does not meet the required
criteria, a list of additional authority
needed and a schedule and commit-
ment to seek such authority.
• Source identification. A description of
the historic use of ordinances,
guidance, or other controls that limit
non-storm water discharges to any
publicly owned treatment works
(POTW), and a topographic map
covering an area one mile beyond the
service boundaries of the MS4 showing:
- the location of known municipal
sewer system outfalls;
- a description of all land use
activities;
- the location and activities of
landfills;
- the location and permit number of
any known discharge to the MS4;
— the location of major structural
controls for storm water discharges
(such as retention basins, or major
infiltration devices); and
- identification of publicly owned
parks, recreational areas, and other
open lands.
Discharge characterization. A
summary of the types and character-
istics of storm water discharges,
including-
— monthly mean rain and snowfall
estimates and the average number
of storm events per month;
- existing quantitative data describ-
ing the volume and quality of
discharges from the MS4, including
a description of the outfalls and
sampling methods used;
- a list of "downstream" water bodies
receiving discharge from the MS4,
and a description of the impact of
outfall upon them;
- the results of field screening
analysis for illicit discharges at
either selected field screening
points or major outfalls covered in
the permit application; and
- a proposed characterization plan
for conducting sampling and
obtaining the quantitative data
necessary to complete Part 2 of the
application.
2-3
-------
The Part 2 Application
• Management programs. A description
of existing management programs to
control pollutants from the municipal
separate storm sewer system. For
example, what procedures are in place
to control pollution from construction
activities, and how do they work?
What is the program (such as
investigation procedures and how they
operate) for identifying illicit
connections to the municipal storm
sewer system?
• Fiscal resources A presentation of the
municipality's budget for existing storm
water programs and for completing
Part 2 of the permit application.
2.2.2 Overview of the Part 2 Application
The Part 2 application must include the
following elements:
• Adequate legal authority. A
demonstration that the municipality can
operate according to the legal authority
established by ordinance, statute, or
series of contracts. The municipality
also must demonstrate that its authority
is enforceable. A discussion of how
adequate legal authority may be
demonstrated appears in Chapter 3 of
this guidance.
• Source identification. An inventory,
organized by watershed, of the facilities
that may discharge storm water
associated with industrial activity to the
MS4. The applicant also must identify
the location of any major outfall that
discharges to waters of the United
States that was not reported in Part 1.
A discussion of the information to be
submitted for each such facility in the
inventory appears in Chapter 4 of this
guidance.
• Characterization data. Sampling
results for 5-10 outfaJls designated by
the permitting authority, estimates of
cumulative annual pollutant loadings
and event mean concentrations, and a
proposed schedule to submit estimates
of seasonal pollutant loadings and
event mean concentrations for each
major outfall identified in the source
identification sections of Part 1 and 2.
The Characterization Data provision of
the Part 2 application also requires the
development of an on-going monitoring
program covering the term of the
permit. Procedures for meeting the
requirements of this section appear in
Chapter 5.
• Proposed management program. A
program that shows the municipality's
comprehensive planning process for the
reduction and control of pollutants, the
staff and equipment available to
implement the program, and a full
description of how controls will be
implemented to reduce pollutants from
all sources of storm water. Municipal-
ities must also describe how the
program will be implemented and
maintained. The Part 2 requirements
for a proposed management program
are described in Chapter 6.
• Assessment of controls. An estimate
of the projected effectiveness of the
municipal storm water management
program, and an identification of the
known impacts of storm water controls
on ground water. The assessment of
controls is discussed in Chapter 7.
• Fiscal analysis. A fiscal analysis of the
capital and operation and maintenance
expenditures needed to accomplish the
activities (including implementation)
required by the characterization data
and proposed management program
sections of the Part 2 application. This
fiscal analysis must include projected
expenses for each fiscal year of the
permit term. A discussion of the fiscal
analysis is included in Chapter 8.
2-4
-------
The Part 2 Application
2.13 Relationship Among Application
Requirements
The required elements of the Part 2
application are related to each other. As a
result, this guidance addresses how the
application elements are related, and how
information gathered for one requirement will
assist the applicant in meeting other
requirements. For example, the information
gathered for the Industrial Source Identification
provision of the Part 2 application will assist
the municipality in.
• Targeting monitoring goals to potential
pollutant sources, which may include
selecting mom ton ng locations and chemical
specific sampling frequencies (a
requirement of the Characterization Data
provision);
• Identifying illicit discharges (a requirement
of the Proposed Management Program's illicit
connection provision);
• Identifying facilities with the greatest
potential for degrading receiving waler
quality (a requirement of the Proposed
Management Program's industrial program
provision), and
• Targeting sites that handle, store, or
transport toxic or hazardous materials for
on-site inspections (another requirement of
the Proposed Management Program's
industrial program provision).
As another example, the information that
the applicant must prepare for the Character-
ization Data provision (e.g., the results of the
sampling requirement and the estimated event
mean concentrations and annual pollutant
loads) may help the municipality:
• Evaluate the contribution of pollutants
in storm water discharges from
individual sources and determine
which sources may require inspections
or controls (a requirement of the
Proposed Management Program's
industrial program provision);
• Predict the impact of storm water
discharges on receiving waters known
to be impacted. (In the Proposed
Management Program, additional
controls may be warranted for
construction sites or other industrial
activities that discharge to these
waters); and
• Determine what BMPs may be
appropriate for given areas (another
requirement of the Proposed Management
Program)
Exhibit 2-2 summarizes some of these key
interrelationships, although many other inter-
relationships exist. A more detailed discussion
of specific information requirements and inter-
relationships among provisions is provided in
subsequent chapters As municipalities prepare
their permit applications, they should
coordinate all program requirements.
2-5
-------
Exhibit 2-2
Examples of Relationship Among Part 2 Requirements
Adequate Legal
Authority
Source
Identification
Some sources or out-
falls may be outside a
city's jurisdiction.
Interjunsdictional
agreements may be
necessary.
Characterization
Data
Land use information
and organization of
industry by watershed
defines representative
sampling points
Authority to require
sampling and obtain
information for indus-
tries and dischargers
outside of the MS4's
jurisdiction at sampling
points
Proposed
Management
PfOgHUU
Annual pollutant
loads help prioritize
areas for BMPS On-
going monitoring
indicates success of
BMPs and need to re-
pnontize
Inventory of industrial
users helps the city
target facilities for in-
spections and control
measures
Legal authority needed
to implement BMPS,
control and inspect
industry, and prohibit
dumping and illicit
discharge
Assessment of
Controls
Estimates of reduc-
tions in pollutant
loadings predicts
impact of storm
water management
activities
On-going monitoring
program verifies pro-
gram effectiveness.
Instream monitoring
verifies biological re-
covery.
Estimates of pollutant
load reductions de-
pend on land use
Need information
gat hen ng and inspec-
tion authority where
it is necessary to in-
spect, monitor, and
enter the facility or
the site
Fiscal
Analysis
Cost/benefit analysis
identifies the most
cost-effective BMPs
Fiscal analysis consid-
ers costs of controls,
maintenance, and
capita] improvements
Management program
may include feasibility
analyses that consider
cost.
Fiscal analysis consid-
ers cost of on-going
monitoring
Industrial inventory
identifies potential
sources of storm water
utility fees
Legal authority is re-
quired for some fi-
nancing plans such as
a storm water utility
2-6
-------
The Part 2 Application
2.3 ADDITIONAL FACTORS TO BE
CONSIDERED IN DEVELOPING THE
PART 2 APPLICATION
As discussed in the previous section, the
various provisions of the Part 2 application
process are interconnected
All municipalities covered by §12226(d)
must submit a Part 2 permit application that
meets the requirements of the storm water
permit application regulations. However, each
MS4 is unique, and each Part 2 submission will
be different. Municipal separate storm sewer
systems differ in many ways, including
populabon served, geologic and clunatologic
settings, density of development, and form of
government These underlying factors make
each applicant unique
The major
consider are
factors that applicants should
• Populabon and projected growth rate;
• Zoning and existing land use patterns;
• Nature of watershed and receiving
waters;
• Climabc conditions, soil types, and
watershed delmeabons,
• Exisbng municipal functions and
municipal lands,
• Other environmental impacts;
• Public involvement; and
• Intergovernmental coordination.
In addibon, municipal!bes must implement
their storm water management programs in a
manner that is consistent with other applicable
Federal, State, and local environmental laws.
Population and Projected Growth Rates
Some storm water BMPs are more
appropriate for densely developed areas, while
other methods may be more useful in
developing areas Consequently, defining
current populabon densibes and projecting
future areas of populabon growth provides the
basic informabon that can assist in the
evaluation and pnonbzabon of appropriate
storm water control strategies
Zoning and Existing Land Use Patterns
Through ordinances, permits, or contracts,
municipalities may mandate storm water
controls for new residential, commercial, or
industrial developments in order to improve or
assure maintenance of the quality of receiving
waters at or near pre-development levels. The
Nationwide Urban Runoff Program (NURP)
study (EPA, 1983), pointed out that some of the
best opportunities for implementing cost
effective measures to prevent or reduce
pollutants in storm water occur during new
development. These measures may include
structural controls, such as storm water
detenbon basins or constructed storm water
wetlands, or nonstructural alternatives such as
cluster development and buffer zones Sections
122.26(d)0)(m)(B)(2) and 122 26(d)<2)(ii) require
the municipality to establish comprehensive
management plans for new development (see
Chapter 6)
Nature of Watershed and Receiving Waters
The types of storm water controls
appropriate for a MS4 depend on the nature of
the watershed and the receiving waters. This
includes geologic and hydrologic features such
as slope drainage .patterns and stream size For
example, roadside swales may not be practical
in areas with steep terrain, but can be very
useful in flat areas In addibon, structural
BMPs or other management measures that
control the volume and timing of release are
appropriate where uncontrolled storm water
may cause physical impacts to receiving waters
(especially small streams, nvers,and wetlands).
2-7
-------
The Part 2 Application
Information on the watershed and the
receiving waters is required in the Part 1
permit application l§12226(d)U)(iv)(C)]. In
Part 1, applicants are required to list water
bodies that receive discharges from the MS4.
The list of water bodies includes downstream
segments, lakes, and estuaries where pollutants
from the system discharges may accumulate
and result in non-attainment of State water
quality standards Part 1 also requires a
description of known water quality impacts.
Applicants must include a discussion of water
bodies that were cited in:
• State reports required by CWA Sections
305(b), 3040), and 314(a);
• The State Nonpomt Source Report; and
• Other reports identifying sensitive
watersheds
Part 1 applicants should also include in this
discussion a description of impacts caused by
dissolved oxygen depression, bioaccumulation
of toxics, excessive sedimentation, hydrologic
modification, habitat destruction, etc.
Municipalities are expected to give priority
consideration to those classes of pollutant
sources that contribute significant loadings or
pose a significant impact on receiving waters.
Applicants must consider control methods that
address storm water discharges from
commercial and residential areas; illicit
discharges and illegal disposal, storm water
discharges from industrial areas; and storm
water runoff from construction sites.
Municipalities' permits will differ substantially
in the emphasis placed on controlling various
sources of pollutants in discharges from the
MS4. Permits for older municipalities may
emphasize control of cross-connections, while
permits for municipalities with large areas of
new development may emphasize the
installation of permanent structural controls
during construction
The Part 2 storm water permit application
requires descriptions of management programs
to address sources of pollutants discharged to
separate storm sewer systems. For
management strategies to be effective,
municipalities must give prior consideration to
the nature (eg., physical and biological
parameters) and the designated uses of
receiving waters such as streams, tributaries,
and natural wetlands For example, a storm
water management program for a newly
developing area with an existing shallow, slow-
moving stream could include provisions to
ensure that the post-development peak
discharge flow rate for the stream is held to a
certain percentage of its historical or pre-
development peak discharge flow rate
Climatic Conditions, Soil Types, and
Watershed Delineations
Seasonal variations in precipitation can
have a significant impact on storm water
quality For example, extended dry seasons in
areas such as the southwestern United States
result in pollutant loads distinctly higher than
in other part6 of the country during the first
several storms of the wet season. Areas with
more frequent rain and snowfall throughout
the year may have more storm water
discharges, but the discharges may have
consistently lower pollutant concentrations than
those in the Southwest. In addition, areas with
significant snowfall may experience a peak in
storm water discharge volume and pollutant
concentration during the spring thaw.
Natural soil conditions affect the potential
for storm water to recharge ground water.
Porosity and permeability are properties of the
soil that govern the size and number of the
interstitial spaces through which water may
flow. Compaction (e.g , compression of the soil
by heavy machinery) will reduce the amount of
void space in the soil and thereby reduce the
amount of rainfall that infiltrates through the
soil to ground water. Natural soil conditions
are very important when siting structures
designed for storm water infiltration. In
addition, identifying such siles must take into
consideration potential ground water impacts
2-8
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The Part 2 Application
that may result whenever infiltration is part of
the storm water management program
Existing Municipal Functions and
Municipal Lands
The Part 2 application affords munici-
palities the opportunity to discuss alternatives
in the Proposed Storm Water Management
Program. When considering the wide range of
municipal functions, applicants need to
establish which agencies will be responsible for
implementing each portion of a storm water
management program. (This could be outlined
in the Adequate Legal Authority chapter of the
Part 2 application, as discussed in Chapter 3 of
this guidance.) Many of these agencies, will
have primary missions other than dealing with
storm water or water quality. Expansion of the
established charter of an agency to include an
element of storm water control may require
legislative action, moderately expanding the
scope of other municipal agencies' missions to
include storm water concerns can be much
more cost effective than the initiation of
entirely new programs.
Applicants should identify existing
municipal functions that impact the quality of
storm water discharges. These functions may
include'snow removal activities such as road
deicing, vehicle maintenance operations, and
herbicide, pesticide, and fertilizer application to
public lands. Municipalities can modify these
activities to improve storm water quality
through oversight of future land development,
modifications to flood management structures,
changes in materials used or in material
handling or application practices, maintenance
of roads, and installation of structures such as
retention basins
The municipal agency (or agencies)
responsible for storm water runoff control
should also consider the extent to which
municipal lands and activities contribute
pollutants to runoff. The same BMPs
recommended for private lands may also be
incorporated into the development and
maintenance of a municipality's own lands and
activities. For example, reduced use of
pesticides and fertilizers on park land and open
spaces usually decreases the contribution of
these contaminants to storm water runoff.
Implementing BMPs on municipal lands also
shows the municipality's commitment to an
effective storm water management program
BMPs are discussed in greater detail in Section
6.4 of this guidance.
Other Environmental Impacts
Municipalities should consider those
activities that can directly or indirectly alter the
natural hydrograph of a stream and potentially
degrade an otherwise stable aquatic habitat.
These factors are particularly important when
considering impacts to wetlands, npanan areas,
ground water, small rivers, and streams. In
addition, the installation of detention or rapid
infiltration ponds may have negative impacts
on ground water. The installation of culverts
or concrete drainage channels and other such
structures typically increases the volume and
velocity of runoff, which can lead to increased
erosion, siltation, and sedimentation in
receiving waters. Therefore, installation of
these structures can contribute to the
degradation of a neighboring habitat.
Public Involvement
Municipal applicants must ensure that they
provide adequate public education and ample
opportunities for public participation. Public
participation should focus on spreading
awareness of program objectives and
components. Education and public involve-
ment programs must be defined as part of the
Proposed Storm Water Management Program
(§122.26(d)(2)(iv)). Generally, the public should
be involved as early as possible in storm water
management initiatives.
Conflict and confusion can be minimized if
the program includes a schedule for initial
public contact and milestones for public
involvement throughout the development and
implementation phases. Public education
programs are expected to target specific
2-9
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The Part 2 Application
audiences, including those regulated or affected
by the storm water management program (e.g,
developers, building contractors, and industrial
operators) and those that can assist with
program implementation (e g., volunteers and
citizens). For example, one large municipal
applicant (Seattle) described an existing public
participation program in its Part 1 Application
submission. Elements of this program may be
instructive to municipalities completing Part 2
of the application because it has generic
components that are likely to be applicable to
other large (and perhaps medium)
municipalities. Excerpts from Seattle's public
involvement program are provided in Exhibit
2-3 for reference.
Elements of this municipality's program
that are particularly important to consider
include of the role of an advisory and outreach
group and its relationship to the entire process.
Effective public participation programs clearly
identify the role of the public
The potential exists for a considerable range
in the level of participation the public may
actually have in the decision-making process.
Generally, the municipal authority is going to
make the decisions. However, the authority
can choose to use the "participation" process to
simply inform the public of decisions, or to
allow the views of the public to be registered
prior to decision milestones In other cases,
although uncommon, the public may have an
actual voice or vote in making decisions.
The timing and frequency of meetings and
the duration of the groups established for
public participation will usually be dictated by
the nature of the issues being addressed For
example, an ad hoc group established to
address a single issue may discover that the
issue cannot be effectively addressed without
consideration of a broader range of issues that
the municipality may also be considering In
this instance it may be appropriate for the
group to expand its scope, hold regular
meetings, and actively participate m the
authority's decision making process Therefore,
applicants should outline in their Part 2
applications how such coordination will be
accomplished
Intergovernmental Coordination
If a number of municipal entities (e g,
multiple cities or a city and a county) are
participating in the permit application process
as coapplicants, various mechanisms can be
used to improve intergovernmental
coordination to ensure that the roles and
responsibilities of each entity are well defined.
Each entity must fulfill its responsibilities to
implement applicable program measures.
Examples of some of the appropriate
coordination techniques and their benefits
include:
• Memoranda of agreement • (MOA).
MOAs can define specific municipal
roles, responsibilities, and points of
coordination that help minimize
duplication of effort and ensure
accountability;
• Cross-training of staff. This allows for
the identification of gaps in staffing
(e g., neglected areas of responsibility
or insufficient staff levels) as well as
providing the benefits of increased
versatility and opportunities for
learning from others;
• Interagency advisory committees.
Their objective is to arm decision
makers with a comprehensive
understanding of the implications of
proposed activities or decisions; and
• Regularly scheduled intennunicipal
staff meetings. These can facilitate an
open and thorough exchange of
information and solidify new lines of
communication
2-10
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The Part 2 Application
Exhibit 2-3
Excerpts from a Public Involvement Program
The public involvement program lof the City of Seattle] has been designed to
assist in developing an acceptable city-wide plan for addressing drainage and water
quality problems. Acceptable is defined as a plan that is both technically sound and
sensitive to the needs and interests of the citizens. The involvement program has two
major elements: a Qbzen Advisory Committee (CAC) and a community outreach
effort The imbal role of the CAC was to provide guidance to City staff and
consultants preparing various sections of a Comprehensive Drainage Plan Unbl the
adopbon of the Comprehensive Drainage Plan by the City Counal, the CAC provided
direction on drainage policy issues, assisted with the pubbc review of the draft plan
and environmental impact statement (EIS), and helped coordinate comments sent to
the city from the public during the review period. Following council adoption of the
plan, the CAC was reconstituted into a Drainage and Wastewater Advisory
Committee which serves as an on-going sounding board to the Drainage and
Wastewater Ubhty, the mayor, and the City Counal on both sewer and drainage
matters.
The community outreach effort was established for two purposes. The first was
to ensure adequate public review and support of the Comprehensive Drainage Plan
and EIS Comments received during the review were used by the Drainage and
Wastewater Ubliry, the mayor, and the City Council in making decisions about the
Drainage Plan and the City's on-going drainage program. The second purpose was
to begin educabng residents and business people about the importance of their role
in solving flooding, landslide, and water quality problems throughout the city. This
community outreach/education role remains an on-going effort of the Drainage and
Wastewater Utility.
Source City of Seattle, NPDES Storm Water Permit Application, Part 7, City of Seattle, November 1991 37
Single municipalities with separate
governing funcbons may face the same
challenges as coapplicants when they prepare
their Part 2 applicabons. Many of the same
coordmabon steps may be necessary within a
single municipal jurisdiction. The need for
m/rflgovernmental coordination may be most
crucial in large muruopalibes that have
funcbons that impact storm water quality
spread throughout the organizational structure
of the municipality. For example, a planning
department may be in charge of implementing
a stream buffer policy, while a public works
department may plan, site, and construct storm
water BNtPs Still other agencies may be
responsible for implemenbng erosion and
sediment control requirements, and permitting
and inspection funcbons. Storm water-related
responsibilities within governmental
organizations may be allocated in this manner
due to the relatively recent emergence of storm
water quality as an important issue.
Nonetheless, effective coordination within the
government of a single municipality may be as
critical to the success of the storm water
management program as is intergovernmental
coordmabon for coapplicants Therefore,
applicants should outline in their Part 2
applications how such coordmabon will be
accomplished.
2-11
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CHAPTER 3
ADEQUATE
LEGAL AUTHORITY
[Adequate Legal
1 Authority
|\
Source
Identification
Characterization
Data
Proposed
Management
Program
Assessment ol
Controls
Fiscal Analysis
Adequate Legal Authority
Ptrtl
• Identify existing ordinances that control
storm water discharges to the MS4
• Determine gaps In legal authority and
develop schedule
Pun 2
• Demonstrate that legal authority
has been obtained to control
Industrial discharges, Illicit
discharges, dumping, and
contributions ol pollutants from
coappllcanta.
> Show that legal authorities sre
•nforcsabl*.
-------
3.0 ADEQUATE LEGAL AUTHORITY
3.1 BACKGROUND
A crucial requirement of the NPDES storm
water regulation is that a municipality must
demonstrate that it has adequate legal
authority to control the contribution of
pollutants m storm water discharged to its
MS4. This guidance manual and the storm
water program emphasize development and
implementation of storm water management
programs as described in Chapter 6. In order
to have an effective municipal storm water
management program, a municipality must
have adequate legal authority to control the
contribution of pollutants discharged to the
MS4.
Part 1 of the permit application requires
applicants to describe their existing legal
authority to control the discharge of pollutants
from MS4s and evaluate the adequacy of these
ordinances. Where exisbng ordinances were
lacking, a proposed schedule to obtain the
necessary authority was included with the Part
1 application. In Part 2 of the application,
municipal applicants must demonstrate that
they now possess adequate legal authority to.
• Control construction site and other
industrial discharges to the MS4;
• Prohibit illicit discharges and control
spills and dumping;
• Control potential sources of pollutants
from discharges to or from
coapphcants' MS4s, or MS4s that are
interconnected or shared with other
entities;
• Require compliance with all regulations
and statutes, and
• Carry out inspection, surveillance, and
monitoring procedures
Section 3 2 reviews each ot these regulatory
requirements Section 3 3 describes specific
procedures a municipal^ ma\ use to
demonstrate adequate legal authority
3.2 SUMMARY OF REGULATORY
REQUIREMENTS
3.2.1 Control Construction Site and Other
Industrial Discharges to the MS4.
§122 26(d)(2)(i)(A) [The applicant must
demonstrate that it can control) through
ordinance, permit, contract, order or similar
means, ihe contribution ot pollutants to the
municipal siorm sewer bv ^torrn v%ater dis-
charges as-ociated iMth industrial activity
and Ihe quality of storm water discharged
from sites ot indu.ina] activic,
The municipality as a permittee, is
responsible for compliance with its permit and
must have the authority to implement the
conditions in its permit To comply with its
permit, a municipality must have the authority
to hold dischargers accountable for their
contributions to separate storm sewers
"Control," in this context, means not only to
require disclosure of information, but also to
limit, discourage, or terminate a storm water
discharge to the MS4 For example, con-
struction sites (of 5 or more acres) and other
industrial activities that discharge storm water
through MS4s are required to obtain individual
NPDES permits or coverage under general
NPDES permits from EPA or an authorized
NPDES Slate These permits require compli-
ance with applicable Federal and State
regulations However a municipality to
satisfy its permit conditions may need to
impose additional requirements on discharges
3-1
-------
Adequate Legal Authority
from permitted industrial facilities, as well as
discharges from industrial facilities and
construction sites not required to obtain
permits. Therefore, a municipality should
develop a mechanism to assure that all
industrial facilities and constructions sites that
discharge to the MS4 know their obligation to
comply with the applicable terms of the
municipality's storm water ordinances.
3.2.2 Prohibit Illicit Discharges and Control
Spills and Dumping
§122.26(d)(2)(i)(B) (The applicant must
demonstrate that it can prohibit] through
ordinance, order or similar means, illicit
discharges to the municipal separate storm
sewer
§122.26(d)(2)(i)(Q (The applicant must
demonstrate that it can control] through
ordinance, order or similar means the
discharge to a municipal separate storm
sewer of spills, dumping or disposal of
materials other than storm water
To demonstrate that it possesses adequate
legal authority to control storm water
discharges, a municipality must be able to
effectively prohibit illicit discharges and illegal
dumping An illicit discharge is "any discharge
that is not composed entirely of storm water
except discharges pursuant to a NPDES permit
. . . and discharges resulting from fire Fighting
activities" [40 CFR 12Z26(b)(2)].
3.2.3 Control Contributions of
Coapplicants
§122 26(d)(2)(i)(D) [The applicant must dem-
onstrate that it can control] through inter-
agency agreements among coapplicants the
contribution of pollutants from one portion
of the municipal system to another portion of
the municipal system
An operator of a MS4 may participate in an
application with one or more other operators,
or may submit an individual application for the
separate storm sewer it operates. As indicated
in the box above, the operator of a discharge
from a large or medium MS4 may submit,
through the use of interjurisdichonal
agreements, a system-wide permit application.
The system-wide application can accommodate
existing storm water programs, on a watershed
basis, as well as programs which must take
into account regional differences in climate,
geography, and political institutions. Such an
application should cover issues of liability,
financial contributions, access to records,
enforcement responsibilities, and any other
applicable areas of mutual concern.
When two or more municipalities submit a
joint application, each coapplicant must
demonstrate that it individually possesses
adequate legal authority over the entire
municipal system it operates or owns. A
coapplicant need not fulfill every component of
legal authority specified in the regulations, as
long as the combined legal authority of all
coapplicants satisfies the regulatory en ten a for
every segment of the MS4 (including authority
over all sources that discharge to the MS4).
As coapplicants, for example, a county and
a flood control district within that county may
together possess adequate legal authority. The
flood control distinct may have legal authority
to build, operate, and maintain structures
associated with major drainage channels within
the county. The county itself may have legal
authority to control pollutants in discharges
from privately owned lands to the MS4s and
legal authority to build, operate, and maintain
structures associated with minor drainage
channels that tie into major drainage channels.
In this situation, the combined legal authority
of the'coapplicants may be adequate for the
system, provided that the only discharge to
major drainage channels comes from the
county's separate storm sewer system. As
another example, a department of
transportation or flood control district with no
land use authority could be a co-permittee with
3-2
-------
Adequate Legal Authority
a city that does possess land use authority over
the entire jurisdiction.
Coapphcants also may use inlerjurisdic-
tional agreements to show adequate legal
authority and to ensure planning, coordination,
and the sharing of the resource burden of
permit compliance When more than one
entity is submitting an application for a MS4
(either as coapphcants or as individual
applicants for different parts of a system), the
role of each party must be well defined. Each
applicant or coapplicant must show the ability
to fulfill its responsibilities, including legal
authority for the separate storm sewers it owns
or operates.
Applicants and coappbcants may use the
procedures outlined in Section 33 to
demonstrate adequate legal authority in their
Part 2 permit applications. These procedures
are guidelines, however, and are not intended
to be the only possible approaches that
applicants may follow.
3.2.4 Require Compliance with all
Regulations and Statutes
To meet the requirements of §12226(d)(2)
dME), the applicant must show that it has
adequate authority to enforce its ordinances.
§122 26(i)(E) (The applicant must
demonstrate that il can require) compliance
with conditions in ordinances, permits,
contracts or orders
One acceptable way to support a
declaration of adequate legal authority,
including the ability to enforce appropriate
ordinances, is for the municipality to provide a
certification from the Muruapal General
Counsel or equivalent The certification should
btate that the applicant has the legal authority
to apply and enforce the requirements of
§12226(d)(2)
-------
Adequate Legal Authority
documentation of their authority to enter,
sample, inspect, review, and copy records, etc,
as well as demonstrate their authority to
require regular reports
3.3 PROCEDURES FOR DEMONSTRATING
ADEQUATE LEGAL AUTHORITY
The Part 2 application requires the
applicant or coapplicants to cite and describe
specific ordinances currently in effect and
demonstrate that the jurisdiction for these
ordinances covers the entire area served by the
MS4 In addition, the applicant may elect to
discuss specific changes in ordinances passed
since the submission of the Part 1 permit
application to illustrate how legal authority has
evolved to meet the regulatory requirements in
§12226(d)(2)(i) One method by which an
applicant can partially demonstrate that it has
adequate legal authority is to develop a matrix
that compares, in a side-by-side format, the
regulatory requirements in §122 26(d)(2)(i){A)-
(F) and the municipality's legal authority
Once completed, the matrix would indicate
whether an adequate legal framework exists to
address all key regulatory requirements
identified in §12226(d)(2)(i)(A)-(R Further-
more, the matrix could also illustrate where the
authority to mandate compliance is vested.
In order to support an assertion of
adequate legal authority, applicants should
include the complete text of the applicable
portions of the ordinances or other such pro-
visions in the applicabon The applicant
should also provide a specific explanation of
why and how the language of a particular
ordinance or other authority meets Federal
regulatory requirements The application
should indicate to whom the ordinance applies
and how it will operate to control, prevent, or
stop discharges that violate permit conditions.
For example, the municipality may describe
and provide an excerpt from a ary ordinance
that prohibits non-storm water discharges to
theMS4.
Appendix C illustrates one way to detail
the existence of ordinances that establish the
legal authority required in §122 26(d)(2)(i) A
narrative discussion of the historical use of
these ordinances to control pollutants in storm
water discharges also may be included The
example in Appendix C shows what the
applicant may do to satisfy §122.26(d)(2)d)
Substantial effort should be devoted to
obtaining the necessary legal authority before
the Part 2 application is submitted However,
some municipalities may find that the two-year
application process does not allow enough time
to secure adequate legal authority as described
in this section. This may be due to the need
for State statutory or legislative changes In
this instance, the Part 2 application must
include a detailed description of what changes
are needed and a schedule of when they will
be accomplished. The schedule must include
timetables for drafting proposed changes,
public comment periods, and final
authorizations
3-4
-------
CHAPTER 4
SOURCE
IDENTIFICATION
Adequate Legal
Authority
Source
Identification
\
\
^
^
Charactenzation
Data
Proposed
Management
Program
Assessment of
Controls
Fiscal
Analysis
Source Identification
Parti
• Describe historical use of legal controls
' Identify major outfalls and industrial
contributors to the MS4
' Provide topographic map
Parts
• Identity additional major outfalls
' Identity additional Industries
' Organize Industrial Inventory by
watershed.
-------
4.0 SOURCE IDENTIFICATION
4.1 BACKGROUND
In Part 1 of the NPDES storm water permit
application, applicants are required to identify
the location of known major outfalls
discharging to waters of the United States from
M54s. Applicants also are required to provide
information and data on existing land use
activities. The identification of outfalls and
land use activities is the first step in the process
of:
• Identifying the sources of pollutants in
storm water runoff;
• Linking the sources of pollutants in
runoff to specific water quality impacts
and other impacts that may result in
degradation of aquatic resources;
• Identifying those activities or physical
factors that have the most significant
impact on water quality;
• Defining control measures that yield
improvements in storm water quality;
and
• Developing methodologies by which
engineers, urban planners, and
managers can make long term decisions
that not only provide for economic
growth, but also have discernible
environmental benefits through
imposed storm water controls.
The source identification requirements in
the Part 2 permit application reflect three basic
steps. First, municipalities must identify any
major outfalls that were not already identified
in the Part 1 application. Second, applicants
must compile an inventory of industrial
activities thai may discharge storm water to a
MS4 Third and finally, applicants must
organize the inventory of industrial activities
on a watershed basis.
Organizing the inventory by watershed
allows the municipality to focus on activities
within discrete areas that may contribute
pollutants in storm water discharges to waters
of the United States For example, combining
outfall data with the industrial inventory
organized by watershed may help the
municipality to identify probable areas of illicit
connections. This information will also be
useful for municipalities when they develop
specific strategies (e.g., best management
practices (BMPs)l as part of their proposed
storm water management programs The
following sections discuss regulatory
requirements and procedures for completing
the source identification section of the Part 2
permit application. Section 4 2 provides
guidance on identifying major outfalls, Section
4.3 provides guidance on compiling an
inventory of industrial dischargers, and Section
4.4 provides guidance on organizing the
inventory of industrial discharges by
watershed
4,2 MAJOR OUTFALLS
The first portion of the Part 2
Identification provision states-
Source
§122.26(dH2)(ii) Source Identification. (The
applicant must provide thel location of any
major outfall that discharges to waters of the
United States that was not reported I in Part 1
of the application)
4-1
-------
Source Identification
4.2.1 Definition of a Major Outfall
According to 40 CFR 122 26(b)(5), a major
outfall is a MS4 outfall that discharges from a
single pipe with an inside diameter of at least
36 inches The term also includes discharges
from a single conveyance other than a circular
pipe serving a drainage area of more than 50
acres.
For those municipal separate storm sewer
systems that receive storm water runoff from
lands zoned for industrial activity, major
outfalls also include outfalls that discharge
from a single pipe with an inside diameter of
12 inches or more, or discharge from other than
a circular pipe associated with a drainage area
of 2 acres or more. This definition also applies
to outfalls of drainage areas that have both
industrial and non-industnal activity. For
example, if a three acre drainage area is zoned
half woodland and half industrial, the
discharges from that area would still be
considered a major outfall. Because the
definition of major outfall includes
consideration of drainage area, municipalities
may need to consider conveyances such as
ditches and swales when identifying major
outfalls
4.2.2 Identifying Major Outfalls
The first step tn this section of the Part 2
application is the identification of major
outfalls not identified in the Part 1 application
[§122.26(dX2Xn), cited in box above]. When
identifying these major outfalls, municipalities
should build upon the approach used in the
Part I application. One way to identify major
outfalls is a review of sewer system maps.
These maps can provide information on sewer
system type (e g, separate storm versus
combined sewer), pipe size, and outfall
location However, depending upon the age of
the sewer system maps, they may not provide
complete information about newly developed
areas or improvements to older areas Often,
interviews with sewer system maintenance
personnel can provide information on the most
recent changes to the sewer system The
municipality should also consider conducting
held surveys (e g., visual inspection of the
banks of receiving waters) to locate major
outfalls
When submitting a Part 2 permit
application, municipalities should include a
brief description of how additional major
outfalls were identified This description is not
intended to be a lengthy list of each sewer
system employee interviewed, but rather an
outline of the methods employed
4.3 INVENTORY OF INDUSTRIAL
DISCHARGERS
The second step in this portion of the Part
2 application is assembling an inventory of
industrial storm water dischargers
§122 26(d)(2)(ii) Source Identification
Provide an inventory, organized by
watershed of the name and address, and a
description (such as SIC code<0 which best
reflects the pnncipaJ products or services
provided by each facility which may
discharge, to the municipal separate storm
sewer, storm water associated with mdustnal
activity
This section describes how municipalities
may develop the inventory of industrial
facilities Section 4.4, below, provides guidance
on organizing these facilities by watershed.
4.3.1 Facilities that must be Included in the
Inventory
As stated above, applicants must provide
an inventory of each facility that may discharge
to the MS4 storm water associated with
industrial activity. Industrial storm water
dischargers that must be included in this
inventor,' fall into 11 classes of industrial
activities as defined in the November 1990
4-2
-------
Source Identification
regulations Six of these classes were defined
in a narrative format and five were defined by
Standard Industrial Classification (SIC) codes.
Specific categories of industries are identified in
§122.26(b)(14)(i)-(xi). Exhibit 4-1 provides a list
of the SIC codes and industry categories cited
in the regulatory definition.
4.3.2 Identifying the Industrial Faculties
As a first step in developing a
comprehensive industrial storm water
inventory, the applicant must review facility
notifications. Industrial facilities were required
to notify municipalities by May 15, 1991, of
their intent to discharge storm water to the
municipal storm sewer system [§122.26(a)
(vi)(4)]. Each facility should have submitted to
the municipality information including facility
name, facility location, and facility type (such
as SIC code or other industry categorization).
In addition, municipalities should explore
other sources of information on industrial
facilities to help identify gaps in inventory.
One specific source of information a
municipality should review is facility
information submitted under other programs.
For example, SIC codes are often required for
air pollution permit applications, hazardous
materials management permits, prerreatment
program applications, building permits,
business licenses, or local tax roUs. A
municipality may take the list of SIC codes
provided in Exhibit 4-1 and compare it with
existing information on SIC codes or industrial
categones which has been submitted by
industrial facilities under other programs.
Under 40 CFR 122.28, facilities that dis-
charge storm water associated with industrial
activity must submit an individual permit
application, participate in a storm water group
permit application, or file a Notice of Intent
(NOD to be covered by a general permit. These
applications and NOIs are another source of
information on industrial dischargers. For
existing facilities, applications or NOIs were to
be submitted by October 1, 1992; for new
facilities, they must be submitted prior to the
commencement of industrial activity
However, in the Intermodel Surface
Transportation Efficiency Act of 1991, Congress
provided that permit application requirements
be reserved for industrial activities owned or
operated by municipalities with a population of
less than 100,000, with the exception of
airports, power plants, and uncontrolled
sanitary landfills If EPA is the permitting
authority in a State, applications and NOIs
should be submitted to EPA, if a State has
NPDES authority, they should be submitted to
the State. Section 308 of the CWA provides the
legal authority for any individual (including a
municipality) to obtain information from the
NPDES permitting authority. A municipality
may be able to obtain a list of the facilities in
its jurisdiction that have applied for coverage
under a general or individual permit or that
have applied for coverage as a member of a
group
Additional sources of information on
industrial facilities may include zoning maps
showing industrial parks, manufacturing and
industrial listings in telephone books, trade
association listings, pretreatment industrial
waste surveys, the Chamber of Commerce
Manufacturing Directory, and Dunn and
BradstreeL
In the Part 2 application, a municipality
should provide a brief description of the
sources it reviewed in identifying the industrial
dischargers. As part of the proposed storm
water management program, which is
described in Chapter 6, municipalities should
describe a plan for collecting new or updated
information on industrial dischargers
throughout the life of the permit.
4-3
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Source Identification
Exhibit 4-1
Industry Categories Cited in the
Definition of Storm Water Associated with Industrial Activity
1. Facilities subject to storm water effluent limitations guidelines, new source performance
standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities
with toxic pollutant effluent standards which are exempted under category 11 below.
2 Facilities described by SIC 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32
(except 323), 33, 3441,373*
3. Facilities described by SIC 10 through 14 (mineral industry), indud ing-
active or inactive mining operations, except for areas of coal mining operations no longer
meeting the definition of a reclamation area under 40 CFR 434 11(1) because the
performance bond issued to the facility by the appropriate SMCRA authority has been
released, or areas of non-coal mining operations which have been released from applicable
State or Federal reclamation requirements after December 17, 1990, and
od and gas exploration, production, processing, or treatment operations, or transmission
facilities that discharge storm water contaminated by contact with or thai has come into
contact with, any overburden, raw material, intermediate products, finished products, by-
products, or waste products located on the site of such operations
4 Hazardous waste treatment, storage, or disposal facilities, including those that are operating
under interim status or a permit under Subtitle C of RCRA.
5. Landfills, land application sites, and open dumps that receive or have received any industrial
wastes (waste that is received from any of the facilities described under this subsection)
including those that are subject to regulation under Subtitle D of RCRA.
6. Facilities involved in the recycling of materials (metal scrapyards, battery reclaimers, salvage
yards, and automobile junkyards) including but not limited to SIC 5015 and 5093
7. Steam electric power generating facilities, including coal handling sites.
8. Transportation facilities described by SIC 40,41,42 (except 4221-25), 43, 44,45, and 5171, which
have vehicle maintenance shops, equipment cleaning operations, or airport deiang operations.
Only those portions of the facility that are either involved in vehicle maintenance (including
vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning
operations, airport deiang operations, or which are otherwise identified under 1 - 7 or 9 - 11
are associated with industrial activity.
(Continued)
4-4
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Source Identification
Exhibit 4-1 (continued)
9. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment
device or system, used in the storage treatment, recycling, and reclamation of municipal or
domesbc sewage, including land dedicated to the disposal of sewage sludge that is located
within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have
an approved pretreatment program under 40 CFR Part 403. Not included are farm lands,
domestic gardens, or lands used for sludge management where sludge is beneficially reused
and which are not located within the facility, or areas that are in compliance with Section 405
of the CWA.
10 Construction activity including clearing, grading, and excavation activities except operations
that result in the disturbance of less than five acres of total land area which are not part of a
larger common plan of development or sale **
11 Facilities described by SIC 20, 21, 22, 23,2434,25,265,267,27,283, 285, 30,31 (except 311), 323,
34 (except 3441), 35, 36, 37 (except 373), 38, 39,4221-25, (and which are not otherwise included
within categories 2 -10).*
Source 55 FR 48065, November lb. 1990
'Please note the SIC 285 is covered under Category 11 Also note that for the industries identified in Category 11, the
term includes only storm water discharges from all areas (except access roads and rail lines) where material handling
equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial
machinery are exposed to storm water
"On June 4, 1992, the United States Court ot Appeals for the Ninth Circuit found that EPA's rationale for exempting
construction sites of less than five acres and certain uncontanunated storm water discharges from Category 11 light
industnal facilities from Phase I ot the storm water program to be invalid and has remanded these exemptions for
further proceedings (see Natural Resources Defense Council v LPA No 91-70176)
4.4 ORGANIZING THE INDUSTRIAL • Locabons of major outfalls or system
INVENTORY BY WATERSHED modifications;
Once the industrial inventory is complete, • Land use designations and composi-
the applicant must organize the inventory by tion;
watershed, or drainage area. The main
objective of this requirement is to associate • Dischargers of storm water associated
discrete discharges with specific watersheds, with industrial activity,
which may help the municipality identify
relationships between pollutant sources and • Other NPDES permit holders,
receiving water quality problems To help
organize the industnal inventory by watershed, • Location/inventory of structural
municipalities should consider the long-term controls, and
benefits of using automated database systems
to help organize and update information on • Locations of illicit connections
4-5
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Source Identification
This information can help satisfy the
requirement that discharges of storm water
associated with industrial activity be organized
by watershed Using an automated database
system or the map submitted in the Part 1
application may be helpful in satisfying this
requirement However, the regulations do not
require Part 2 applicants to use a particular
database or submit certain information, and
municipalities may elect to use other methods.
The following procedure is provided as an
example of one way to organize industrial
dischargers by watershed:
I. Create a transparent overlay of tax
maps covering the entire area served by
the MS4.
2 Indicate on the maps the location of
each industrial activity according to its
address with an appropriate symbol or
code.
3 Produce an overlay of existing
watersheds from a topographical map,
for example, United States Geological
Survey (USGS) maps, covering the area
that the MS4 supports Previously
performed hydrological surveys may be
helpful in delineating the boundaries of
exisbng watersheds Municipalities
may elect to sub-divide existing
watersheds into smaller units if this
will assist in management planning.
4 Align the tax map and watershed
overlay so that industrial activity
locations can be transposed to the
watershed overlay.
A number of PC-based tools can be used to
organize information on facilities and outfalls.
For example, computer-aided design (CAD)
packages, in conjunction with third-party
software packages, are specifically designed to
present information on separate transparent
lavers that can be turned off and on" when
necessar\ One layer could contain information
on watershed topography and another could
contain the locations of industrial storm water
dischargers. Additional lavers might contain
information on the layout of the municipal
system, locations of structural source controls
and outfalls, and land-use patterns (both
present and future)
A CAD-based system can be useful, not
only in presenting information easily and
graphically, but also in its ability to transfer
spatial data, such as XYZ coordinates, to
commonly available PC-based database
applications This spatial data can be merged
with other databases containing more generic
information including facility name, address,
and SIC codes However, one potential
drawback to CAD systems is that most of them
cannot store "real-world" (e g., labtude-
longitude) coordinates and are not generally
designed for spabal analyses
Information stored m a CAD format may
also be input into a Geographic Information
System (GIS) With some conversion, the CAD
system coordinates may be transformed into
the "real-world" coordinates typically employed
by GIS GIS are integrated database
management systems designed for the input,
storage, retrieval, analysis, output, and display
of geographically or spatially indexed data
The key attribute of GIS is the relational
database capabilities that make these systems
powerful tools for conducting spabal analyses.
Using GIS, a municipality could overlay several
layers of data and derive new information from
this existing information. For example, using
GIS, an applicant could overlay a map showing
the 100-year flood plain with a map showing
locations of industrial facilities The GIS could
then calculate the amount of industrial area
within the 100-year flood plain and plot this
data on a new overlay This type of spatial
analysis might be a powerful tool in the design
of the municipality's storm water management
program.
4-6
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Source Identification
Another benefit of CIS is the ability for
common data to be shared efficiently among
severaJ agencies. For example, the flood
management agency, department of
transportation, and storm water control agency
could all contribute data to and use analyses
from the same CIS. On the other hand, one
potential drawback to CIS is their relatively
high cost. Often, developing accurate,
appropriate base maps is one of the most
resource intensive parts of the system.
The techniques presented in this section to
organize industrial dischargers by watershed
are not the only methods that the applicant can
use For example, municipalities may elect to
present the information in tabular form. Using
a CAD, CIS, or other automated system is
entirely up to the municipality There is no
requirement that municipalities use thes-e
systems in the development of either the Parl
1 or Part 2 NPDES permit applications Each
applicant will have to examine its existing
resources (including computer systems,
personnel, and budget) and projected needs
before deciding which method will be the most
efficient and most useful in the long term
A discussion of maintaining and /or
updating the industrial inventory is provided
in Section 6.3.3.2 of this guidance.
Exhibit 4-2 illustrates an example of the
procedure discussed in Sections 4.3 and 4 4
4-7
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Exhibit 4-2
Example of a Map Organizing Industry by Watershed
LEGEND
Watershed and Outfall Symbols
t watersned Boundary
• Storm Sewer Pipe
- Open Cnannel
Major Outfall
/V industrial Activity
Major Structural Control
Land Use Categories
I | Single-Family
Residential, industrial,
or Public
£2 industrial
II Parks, Open Space
APPROXIMATE SCALE IN FEET
0 600
4-8
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CHAPTER 5
CHARACTERIZATION
DATA
Adequate Legal
Authority
Source
Identification
Characterization
Data
\
Proposed
Management
Program
Assessment of
Controls
Fscal
Analysis
Characterization Data
Ptrtl
• Provide ran and snowtal data. List receiving
water bodies, and descrbe water quality
Impacts
• Provide results of Reid screenng analysis, and
propose representative outfalls for samplng
Part 2
• Provide mull* ol Mmpllng.
• Estimate annual and seasonal
pollutant loadings and event mean
concentration*.
• Propose monitoring program.
-------
5.0 CHARACTERIZATION DATA
5.1 BACKGROUND
5.1.1 Objective of this Section
This section addresses the requirements for
reporting the physical and chemical
characteristics of municipal storm water runoff
as specified by 40 CFR 12226(d)(2)(in). These
requirements describe the minimum
quantitative and descriptive data necessary to
begin characterizing storm water discharges.
The applicant is encouraged to provide
additional information, if available, which may
provide a basis for a more effective storm
water management program. The additional
information may also help the permitting
authority make more informed decisions
regarding the specifications of the permit to be
issued.
The NPDES permit application regulations
require the applicant to identify all major
outfalls that are part of the MS4
t§122.26(d)(l)(in) and 126(d)(2)(u)]. Part 1
requires the municipality to propose a
sampling plan that identifies 5-10 outfalls that
would be appropriate for representative data
collection under Part 2 of the application
(§122.26(d)(l)(w)(E)|. The next step is to collect
and analyze samples from these outfalls (or
others designated by the permitting authority)
for a variety of pollutant parameters from 3
representative storm events.
5.1.2 Potential Impacts of Storm Water
Runoff
The Nationwide Urban Runoff Program
(NURP) study showed that discharges from
MS4s contribute to the degradation of water
quality m the Nation's waters (EPA, 1983). The
NURP study also concluded that the effects of
urban runoff on receiving water quality are
very site specific The effects depend on the
types, size, and hydrology of the water body,
the designated beneficial use. the pollutants
which affect thai u>e, the urban runorf quality
characteristics, and the amounts of urban
runoff dictated by local rainfall patterns and
land use. The National Water Quality Inventory,
1990 Report to Congress as required by Section
305(b) of the Clean Water Act, stated that one-
third of the impairment m assessed waters is
due to storm water runoff (EPA, l^^d)
Quantity Impacts
Urbanization often increases the quantity
and reduces the quality of storm waler runoff
For example, vegetated or forested areas with
pervious surfaces are often replaced with
impervious surfaces (e g , concrete and asphalt)
that prevent or minimize the amount of rainfall
available for ground water recharge This
increases the volume and velocity- of storm
water runoff.
Vegetated areas plav a crucial role in
ground water recharge and in the maintenance
of stream baseflow This is especially true
during extended dry periods, when ground
water is often the only source that preserves
stream baseflow In highlv urbanized areas,
ground water recharge may be so severely
reduced that ground water flow to perennial
streams during dry periods is not sufficient.
Further, the natural hydrology of a watershed
is often altered by urbanization, because
developing areas often provide drainage
appurtenances that rapidly conduct storm
water runoff away from these areas Such
drainage may also affect the geometry of
natural streams, especially where natural
streams have been modified through the
installation of man-made channels intimately,
reduced pemousness due to urbanization
increases the magnitude and the frequency of
localized flooding which can have the long
term effect of substantially increasing the width
of natural streams through erosion and
scouring
5-1
-------
Characterization Data
Increases in peak discharge velocity and
runoff volume can also result in substanbal
erosion of natural streambanks and the
washout of benthic habitats. Since streambeds
often consist of unconsohdated silt and
sediment, they may be stripped away
substantially by excessive discharge velocities
Increased discharge velocities can also lead to
undercutting and destabilization of
streambanks, which may cause erosion that
extends beyond the natural boundary of the
streambank
Further, silt and sediment can increase the
turbidity of the receiving water, thus
interfering with the growth of aquatic plants
which depend on photosynthesis. Increased
turbidity can also interfere with aquabc
feeding, eliminate spawning areas for fish, and
cause abrasion and clogging of hsh gills. Also,
because silt and sediment may remain in the
watershed, they can blanket benthic habitats
and severely reduce streamflow capacity
In the presence of excessive volumes of
storm water runoff and discharge velocities, the
net impact on receiving waters can be almost
indistinguishable from impacts commonly
associated with the discharge of toxics (eg,
increased mortality, reduced biodiversity, and
reduced reproduction)
Deposition and Resuspension of Toxicants
Research is currently on-going to examine
the impact of the deposition and resuspension
of toxicants as a result of wet weather events
Questions about the survivabihty of benlhic
habitats when exposed to toxicants in deposited
sediments sbll remain. The impact of
resuspended toxicants from the sediments is
not well known since toxics are often bound to
sediment parbcles that may reduce the
concentrations available for biological uptake
and subsequent bioaccumulabon The
applicant should also be aware that different
metal contaminants in sediments can exhibit
different solubilities Under varying conditions
of pH and temperatures, metals deposited in
sediment can become soluble again and be
reintroduced into the water column
Excessive Bacterial Levels
The NURP study final report concluded
that "cohform bacteria are present at high levels
in urban runoff and can be expected to exceed
EPA water quality criteria during and
immediately after storm events." This is of
significant concern, parbcularly in swimming
and shellfish areas.
Dissolved Oxygen Depression
The presence of oxygen-consuming
pollutants in receiving waters can lead to
severe dissolved oxygen depression Factors
that can cause dissolved oxygen depression
include the resuspension of biodegradable
organic material (which can occur in the
presence of high flow velocities) or the
discharge of organic pollutants in storm water
discharges. The NURP study demonstrated
that storm water discharges exhibit biochemical
oxygen demand (BOD) levels in excess of levels
commonly associated with secondary treated
effluent from publicly owned treatment works
(POTWs). Severe dissolved oxygen depression
could contribute to fish kills, which are one of
the most readily observable impacts of
pollution on receiving waters.
Eutrophicabon
Eutrophicabon, or the aging of a water
body, can be accelerated by excessive nurnent
loadings from storm water. Advanced stages
of eutrophicabon are of ten •-assodSted" with
substanbal variabons in dissolved oxygen
concentration. Nutrients of concern are
nitrogen and phosphorus. Phosphorus is
typically the growth-limiting nutrient for plants
in fresh water systems. Storm water discharges
roubnely contain excess concentrabons of these
nutrients, which can lead to excessive algal
growth, commonly referred to as algal blooms.
Excessive concentrabons of algae can cause
odor and taste problems in drinking water and
can result in aesthetically unpleasant
5-2
-------
Charactenzition Data
environments. In addition, the eventual
decomposition of large concentrations of algae
can depress dissolved oxygen in the water
body to levels where fish kills occur. In nature,
the process of eutrophicabon occurs over a
substantial period of bme, however, storm
water discharges can rapidly accelerate this
process.
Exceedance of Chronic Toxicitv Criterion
Long-term exposure to toxics in excess of
chronic toxicity criteria can cause sublethal
effects on aquabc life. Indicators of chronic
toxiaty include reduced fertility, reproducbon,
and growth rates and a decline in the diversity
of aquatic organisms The NURP study dearly
indicated that storm water discharges contain
concentrations of trace metals, such as lead,
cadmium, zinc, and copper in amounts that
exceed the chronic toxiaty criteria. Prolonged
exposure to chronic concentrabon levels of
toxics can also be lethal to aquabc organisms,
primarily from the bioaccumulabon of toxics
within the cell bssue of the organism over a
extended period of bme
Thermal Impacts
The temperature of storm water runoff may
become significantly elevated via conducbve
and convecbve heat transfer with impervious,
man-made surfaces In the case of contact with
impervious surfaces, the resulting temperature
elevation of storm water runoff can be
substantial. For example, the surface
temperature of parking lots during summer
months may exceed 100 degrees Fahrenheit.
Consequently, storm water runoff from these
parking lots will be elevated in temperature.
Many aquatic organisms are extremely
sensitive to changes in water temperature.
Increased water temperature also reduces
dissolved oxygen in streams, nvers, lakes, and
wetlands Therefore, significant discharges of
storm waler at elevated temperatures can, over
the long term, lead to the alterabon of aquabc
populabons.
5.1.3 Use of the Characterization Data
The NURP study analyzed storm water
discharge from 28 sites represenbng 12 mapr
river basins of the United Slates NURP
detected 77 EPA priority pollutants present in
the storm water discharges sampled, including
samples with concentrabons that exceeded
water quality criteria for certain pollutants.
Those pollutants detected in at least 10 percent
of the samples studied in NURP are identified
in Exhibit 5-1.
The data gathered for storm water
discharge characterization can be used to create
a baseline measurement of pollutant
concentration and loadings The data also can
be used to evaluate the effectiveness of best
management pracbces (BMPs) as well as help
identify storm water control priorities. In
addition, it can be used to help identify the
sources of pollutants in storm water runoff, to
help establish an effective monitoring program
for the life of the permit, and to help predict
the impact of storm water runoff on receiving
waters mat are known to be impaired.
5.1.4 Storm Water Sampling and Analysis
Procedures
The regulation requires that the process of
collecting quantitative data for storm water
characterization follow certain guidelines
§122.26(d)(2)(iii) Characterisation data When
"quantitative data" for a pollutant are
required under paragraph (d)(lXui)(A)(3) of
this paragraph, the applicant must collect a
sample of effluent in accordance with 40 CFR
122.il(gX7) and analyze it for the pollutant in
accordance with analytical methods approved
under 40 CFR part 136 When no analytical
method is approved the applicant may use
any suitable method but must provide a
description of the method
5-3
-------
Characterization Data
Exhibit 5-1. Priority Pollutants Detected in at Least 10% of NURP Samples.
PARAMETERS
Metals and Inorganics
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Cyanides
Lead
Nickel
Selenium
Zinc
Pesticides
Alpha hexachlorocydohexane (alpha-BHC)
Alpha endosul/an
Chlordane
Lin dine (gamma BHC)
Halogenated abphabcs
Methane, djchloro
Phenols and cresols
Phenol
Phenol, pentachloro-
Phenol, 4-nitro
Phthalate esters
Phthalale, bis(2-ethvlhexyl)
Polycydic aromabc hydrocarbons
Chrysene
Fluor in thene
Phenanlhrene
Pwene
FREQUENO' OF DErECTION (%)
U
52
12
46
58
91
23
94
43
11
94
20
\«
17
15
11
14
19
10
22
10
16
12
15
Sou rot I1 S Environmental Protection, Agency, Results of the f^Jtjonu.ide Urtun Runofj Program EPA PLanning Division
pji Ti- hnj^l Inf>nruhon Service (NTIS> Accession No PBS4-855:) December 198?
5-4
-------
Characterization Data
The data collection procedures must follow
the guidelines for storm water sampling
outlined in §122 21(gK7), Effluent Characteristics
This portion of the NPDES regulation describes
the conditions under which a storm water
discharge will be sampled, and which
collection procedure (grab sample versus flow-
weighted composite sample) is required for the
water quality parameter being analyzed. These
guidelines are discussed in more detail in
Sections 5.3.2 and 5.34 of this guidance
manual In addition, EPA has available a Storm
Water Sampling Guidance Document that
describes in detail the methods used for storm
water discharge sampling (EPA, 1992a).
The methods for the chemical analyses of
storm water discharge samples must be
conducted in accordance with 40CFR Part 136,
Guidelines for Establishing Test Procedures for the
Analysis of Pollutants These guidelines refer
the applicant to EPA-approved methods and
cite the source of the approved methods (e g.,
Standard Methods for the Examination of
Water and Wastewater, ASTM methods, etc.)
Note that alternative methods d e, those not
included in Part 136) may be used under
certain circumstances (see Section 5.3 4) as
described in 40 CFR Part 136, and reiterated in
the Characterization Data section of Part 2 of
the storm water discharge NPDES permit
The specific constituent pollutants and
water quality parameters that must be analyzed
in the storm water samples are presented in
Section 534.
5.2 SUMMARY OF REGULATORY
REQUIREMENTS
The following is a summary of the
characterization data requirements for the Part
2 application
• Quantitative data on physical and
chemical characteristics of the discharge
taken from at least 5 to 10
representative outfalls chosen by the
permitting authority (Section 5 3),
Estimates of both the annual pollutant
load and event mean concentration oi
the cumulative discharges trom all
municipal outfalls during a storm event
(Section 5 4),
A proposed schedule to provide
estimates for each major outfall of u'ie
seasonal pollutant load and the event
mean concentration for constituents
detected in required sampling (Section
5.5); and
A proposed monitoring program for
the life of the permit that meets specific
requirements established in the
regulations (Section 5 6).
5.3 QUANTITATIVE AND QUALITATIVE
DATA REQUIREMENTS
5.3.1 Selection of Representative Sampling
Sites
In the Part 1 application, the municipality
is required to describe a plan for obtaining
characterization data |§122.26(d)(l)(iv)(E)l The
plan should reflect the requirements of
§12226(d)(2)(m)
Different types and intensities of land use
activities influence, in part, the types of
pollutants and the pollutant concentrations in
municipal storm water runoff. Therefore, Part
1 of the permit application (§122.26(d)(l)(ni)
(B)(2)] requires the applicant to describe the
land use activity within the area to be covered
by the permit. In Part 1, the applicant also
must select a subset of all the major outfalls
(see Section 4.2.1 for definition of major outfall)
identified that represented surface runoff
discharge of the various land use activities
described In some cases, a municipality
prepanng a Part 2 application may want to
supplement its sampling program by collecting
and analyzing samples from major outfalls that
were not identified in the Part 1 application or
designated by the permitting authority. This
additional sampling may provide the
5-5
-------
Characien^ahon
municipality with data that better characterizes
its MS4 discharges
5.3.2 Criteria for Storm Water Discharge
Sampling
Land use activities are not the only factors
that affect the pollutant composition of storm
water runoff Storm water composition also
vanes according to the nature of the storm
event (e.g, duration, vplume), and the
composition may vary throughout the duration
of a single storm event (i.e., the initial
discharge, or "first flush," tends to have higher
pollutant loads). In order to obtain data that
represents an "average" storm event, EPA
requires samples from three separate storm
events to characterize the surface water runoff;
however, the permitting authority may allow
exemptions
§122.26(7) (the Director may allow
exemptions to sampling three storm events
when climatic conditions create good cause
for such exemptions).
The criteria for sampling storm water
discharge are detailed in §122.21 (g)(7), Effluent
Characterixition EPA's Storm Water Sampling
Guidance Document addresses these criteria. For
the purpose of this discussion, a brief synopsis
of these criteria follows:
• For each outfall or field screening point
selected, samples must be collected
from three separate storm events.
• The three storm events must be at least
one month apart
• Each sampled storm event must have a
rainfall of at least 01 inch in the
drainage area
• There must be no storm event in excess
of 0 1 inch in the drainage area for at
least 72 hours prior to the sampled
storm event
• The rainfall event should not vary by
plus or minus 50 percent from the
average or median per storm volume
and duration for the region.
EPA understands thai climatic conditions
may make it difficult for some municipalities to
sample storm events meeting these criteria. For
example, storm events may be so infrequent in
arid and semi-arid areas that sufficient samples
cannot be obtained by the application deadline.
In other areas, storms may be so frequent that
it may not be possible to wait the required 72
hours between storm events. In such cases, the
applicant should confer with the permitting
authority in advance. In instances where
representative storm events do not occur prior
to the application due date, the municipality
should submit its application with as much
information as possible. It should include an
explanation [certified by a principal executive
officer or ranking elected official in accordance
with §12Z22(a)(3)l as to why sampling data
were unavailable.
The municipality may need to perform
some initial research and calculation to meet
the requirements listed above In order to
determine what constitutes an average storm
event for the area, the applicant should contact
the National Weather Service or National
Oceanographic and Atmospheric
Administration's National Climate Center
Weather data is also available commercially
and from airports. The applicant may also
refer to the information provided in the Storm
Water Sampling Guidance Document.
5-6
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Characteriztilwn Data
5.3.3 Narrative Description of Storm Event
§122.26(d)(2)(iii)(A)(2) A narrative
description shall be provided of the date and
duration of the storm evenUs") sampled.
rainfall estimates ol the storm event which
generated the sampled discharge and the
duration between the storm event sampled
and the end of the previous measurable
(greater than 0 1 inch rainfall) storm event;
Under §122 26(d)(2)(ni)(A)(2), the
municipality must provide a narrative
description of each storm that produced the
discharge to be chemically and physically
characterized Such a narrative description
must include
• The date and duration of the rainfall
event that produced the discharge
sampled Measurements describing the
peak intensity of the storm, if available,
should also be reported,
• The amount of rainfall Rainfall
conditions mav vary significantly across
large drainage areas, so rainfall
characteristics should be spatially
averaged over the drainage area, if
possible If more than one rain gauge
is used, averages should be reported.
Ram gauges operated near the drainage
area by the National Weather Service
may be used, or the discharger may
collect this informabon,
• The bme elapsed since the last rainfall
event greater than 0.1 inches.
Historical rainfall data from rainfall
gauges can be used to provide this
information. If a gauge records only
daily data, municipal field personnel
could be asked to provide informabon
on bmes during the day a rainfall event
began or ended
5.3.4 Chemicals/Water Quality Parameters
to be Measured
The storm water discharge samples must be
analyzed for a number of pollutant parameters
§122.26(d)(2)(iii)(A)(3> For samples collected
and described under paragraphs
(dX2Xui)(A)(J) and (AH2) of this section,
quantitative data shall be provided for the
organic pollutants listed in Table II, the
pollutants listed in Table HI (toxic metals,
cyanide, and total phenols) of appendix D of
40 CFR part 122,_and for the following
pollutants
Total suspended solids (TSS)
Total dissolved solids (IDS)
COD
BODb
Oil and grease
FecaJ coli form
Fecal streptococcus
Ph
Total KjeldahJ nitrogen
Nitrate plus nitrite
Dissolved phosphorus
Total ammonia plus organic nitrogen
Total phosphorus
[Note that total kjeUM nitrogen is actually a
substitute for totiil ammonia plus organii
nitrogen \
The complete list of chemicals is provided
in Exhibits 5-2, 5-3, and 5-4. Exhibits 5-2 and
5-3 are derived from 40 CFR Part 122,
Appendix D, Tables II and III, respectively.
Exhibit 5-4 comes from the text of the
regulation (see box above) The EPA-approved
analysis procedure for the pollutants in
Exhibits 5-2 and 5-3 can be found in 40 CFR
Part 136. If a municipality is seeking approval
to use an alternative method of analysis, then
a request should be made according to
procedures outlined in 40 CFR 136 4
5-7
-------
Characterization Data
Exhibit 5-2: Pollutants Listed in Table II in Appendix D of 40 CFR Part 122
Pollutant
Volatiles
Acrolein
Acrylorutnle
Benzene
Bromoform
Carbon tetrachlonde
Chloro benzene
Chlorodibromomelhane
Chloroethane
2 Chloroethlyvuiyl ether
Chloroform
Dichlorobromomelhane
1,1 Dichloroelhane
1,2 Dichloroethant;
1 1-Dichloroelhylene
1 2 Phchloropropane
1 3- Dichloropropy lene
Ethylbenzene
Methyl bromide
Methyl chlonde
Methylene chlonde
l.l^J-Tetrachloroemane
Tetrachloroelhylene
Toluene
1 ,2-trans-DichIoroetljylene
1,1,1 -Tnchloroe thane
l,U-Tnchloroelhane
Tnchloroethylene
Vuiyl chlonde
Base/Neutral
Acensphlhen,-
Acenaphthvl=ne
Anthracene
BerLTidine
Benzol a larthia^ene
Benzo(atpyrene
3,4-lcnzotlunranihen 1 Vthcr
Bis'2-chloroi&opropylieiher
Bis(2-elhylhexy|lphthaJale
4-bromophenyl phen>l ether
Burslbenzyl phthalate
2-Chlorcinaphlhalene
4-Chlotophenvl phenyl ether
Chrysene
DibenzcKa hianthracene
1^ Dichlorobenzene
1 3-Dichlorobenzene
1 ,4-Dichlorobenz*ne
3J -Dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
Di n-burvl phthalate
2 4-Dmitrololueni?
2,6-dirucrololuene
Di-n-octyl phthalate
1,2-djphenvLhvdrazme (as
azobenzenei
Huoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadjene
Hexachlorocydopentadiene
HexachJoroe thane
In denol 1 ^^-cd )pyrene
Isophorone
Naphthalene
Nitrobenzene
N - m trosodimeth y lanune
N nitrosodi-n-propylamlrie
N-rutTosodiphenylamuie
Phenanthrene
Pyrene
1,2.4-tnchlorobenzene
Pollulant
Acid Compounds
2 Chlorophenol
2,4-Dichlorophenol
2.4-Dunethylphenol
4,6- Duu troo-cresol
2,4-Dirutrophenol
2-Nitrophenol
4-Nitrophenol
p-ChJoro-m-cresol
Pentachlorophenol
Phenol
2,4,6-Tnchlorophenol
Aldnn
Alpha BHC
Beta BHC
Gamma BHC
Delta- BHC
Chlordane
4 4'-DDT
44 DDE
4,4'-DDD
DiJdnn
Al pha -end osul/an
Beta-endosulfan
Endosulfan suliale
Pesticides
Endnn
Endnn aldehyde
Heptachlor
Heptai_hlor epoade
PCB-1242
PCB-12W
PCB-1221
PCB-1232
PCB-1248
PC B- 1260
PCB 1016
Toxaphene
Source 40 CFR Pan 122 Appendix D
5-8
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Characterizition Data
Exhibit 5-3: Pollutants Listed in Table III in Appendix D of 40 CFR Part 122
Pollutant
Antimony, toul
Arsenic, total
Beryllium, total
Cadmium, total
Chromium, total
Pollutant
Copper, total
Lead, total
Mercury, total
Nicked, total
Selenium, total
Pollutant
Silver, total
Thallium, total
Zinc, total
Cyanide, total
Phenols, total
Source 40 CFR Part 122, Appendix D
Exhibit 5-4. Conventional Pollutants Listed in Section 122.26(d)(2)(iii)(A)(3)
Pollutant
Total suspended solids (TSS)
Total dissolved solids (TDS)
COD
BOD,
Oil and grease
Fecal coufonn
Fecal streptococcus
Pollutant
PH
Total Kjeldahl nitrogen (TKN)'
Nitrate plus nitrite
Dissolved phosphorus
Total ammonia plus organic nitrogen
Total phosphorus
• Total ammonia plus organic nitrogen is interchangeable with TKN
Source 40 CFR 122 26(d)(2)(ui)(A)(3)
Section 12221(g)(7) specifies that certain
pollutant parameters will be analyzed on grab
samples taken from the outfall, whereas the
remainder of the pollutant parameters require
that composite samples be taken from the
outfall These types of sampling procedures
are differentiated as follows:
Crab samples- discrete, individual samples
taken within a short period of bme (usually
less than 15 minutes). Analysis of grab
samples characterizes the quality of a storm
water discharge at a given time of the
discharge. The following measurements must
be made from grab samples:
• pH
• Temperature
• Cyanide
• Total phenols
• Residual chlorine
• Oil and grease
• Fecal coliform
• Fecal streptococcus
Note that measurements of temperature
and pH must be taken in the held to avoid
time-dependent changes thai may occur
between sampling time and actual analyses
Flow-weighted composite samples: single unit
volumes composed of a mixture of samples
collected proportional to flow throughout the
entire runoff event or at least for the first three
hours of the storm water event, if it lasts more
than three hours. The flow-weighted compo-
site sample must consist of at least three
discrete aliquots per hour from the storm water
discharge, or a continuous sampler may be
used.
All parameters (see Exhibits 5-2, 5-3, 5-4)
not listed under the description of grab
samples above must be analyzed from flow-
5-9
-------
Characterization Data
weighted composite samples Details on taking
now-weighted composite samples may be
found in the EPA Storm Water Sampling
Guidance Document.
5.3.5 Additional Quantitative Data
Section 122 26
-------
Chiiractmzahon Data
• A description of the procedures for
estimating constituent loads and
concentrations, and
• Details on data analysis, models used,
and calculation methods
Data sources and procedures that municipal
applicants may use to estimate event mean
concentrations and annual pollutant loads of
the cumulative discharges are discussed below.
The primary purpose for estimating annual
pollutant loads and event mean concentrations
is to assign priorities for implementing BMPs.
Municipalities should consider the magnitude
of individual pollutant loadings when
assigning priorities to resources to reduce these
loadings The areas receiving the highest
priority for implementation of BMPs will be
those portions of the MS4 that appear to
contribute the largest load of pollutants to the
system Therefore, it is the relative value of
these calculations that is of importance within
thus regulation, not the absolute value
Over time the accuracy of the available
methods to calculate loads and concentrations
will improve and the use of these estimates
may assume a larger role in determining
permit conditions and estimating the success of
the comprehensive municipal storm water
management program The emphasis for now,
however, is on the application of the most
practicable methods to reasonably estimate
annual loads and event mean concentrations.
5.4.1 Data Sources
The Part 1 application requires
municipalities to submit all existing storm
water sampling data, along with all relevant
water quality data, sediment data, fish tissue or
other biosurvey data taken over the past 10
years. All historical data must accompanied by
a narrative description of the watershed served
by the outfall from which the data are
obtained, a description of the sampling and
quality control program, and the monitoring
location of the receiving water
To estimate an annual pollutant load for a
given pollutant, a value must be derived for
the average concentration, or event mean
concentration, of that pollutant. To derive this
value, applicants may use either site-specific
data, or data from a national or regional study,
such as NURP.
Municipalities with adequate historical data
may choose to use these data to estimate
annual pollutant loads in the Part 2 application.
However, many applicants may not have
enough site-specific data to develop valid
estimates These applicants may choose to use
generic data (e.g., from regional and national
studies), such as the data provided in the
NURP study. The NURP study's estimated
range of detected concentration for specific
pollutants is summarized in Exhibit 5-6.
Exhibit 5-5: Pollutants for which Event Mean Concentrations
and Annual Pollutant Loads Must be Calculated
PoUntutt
PolhUanl
BOD,
COD
TSS
Dissolved sohds
Total nitrogen
Total ammonia plus organic nitrogen
Total phosphorus
Dissolved phosphorus
Cadmium
Copper
Lead
Zinc
Source 40 CFR 122 :«d)C)(uii
-------
Characterisation Data
Exhibit 5-6. NURP Study Range of Detected Concentration for Specific Pollutants
Pvmdar
Mvaliand tnorpnks:
Antimony
AlMliC
BvyUhim
Cadmium
Qirofliiuni
Coppw
Cyanidw
LMd
Nickd
StloUura
Zinc
PwttddflK
Alpha-otdauUan
Qklordnt
Undam (gnuM-BHO
HalogtnaMd aUpiutteK
Mediant dkhloro-
Phcnols and «nlc
Fhwol
PhtnoL pwtKiikro-
PhtnoL 4-nitro
Phthalaft «MVK
PhdulaM. btoa^thxDtayl)
Polycydic ATOBudc bydrocubuML
QuyMM
FhianntiwM
Ph«nuithraM
Pym»
C«Bc«nmdoiu
P^
16-U
1-505
1-49
1-14
1-90
1-100
2-300
4-23,000
1-182
02-0.8
10-2400
0.027 -0.10
0.008 - 0.20
a/a
0007-01
5-14.5
1-13
1-115
1-37
4-62
04-10
03-2
03-10
0.3 -16
Source. U5 EnvirnuncnBl Prorardon Agmcy, XcnJti of the NiftotrwU* Urhn Xiau)f Pnjyrwn, EPA PUnrtjig DlvUon (NcUonal
Ttduucal Infonnaaon Scrviat ("NTIS) Accarion No PB84-8552) Dranbv 1983
M2
-------
Characterization Data
The applicant should be aware of
limitations associated with data from national
and regional studies before deciding on
methods to esbmate pollutant loadings In
some cases, it may be more appropriate to use
any available site-specific data rather than data
from national or regional studies. For example,
the NITRP study did not collect pollutant
concentration data from industrial areas. In
this instance, even limited site specific
concentration data from industrial areas may
be more meaningful.
EPA encourages applicants to seek data
from a variety of sources to better characterize
the quality of their storm water discharges.
Regardless of the data source, a description of
the procedures for estimating constituent loads
and concentrations, including any modeling,
data analysis, and calculation methods, must be
included
There will be a degree of uncertainty
associated with estimating pollutant loadings in
the Part 2 application The requirement to
calculate pollutant loadings and concentrations
is intended to be a planning and screening
effort to assign program priorities, and not
necessarily to determine absolute values.
5.4.2 Event Mean Concentrations
Event mean concentrations (C, in Equation
1 on page 5-16) are determined from analyses
of flow-weighted composite samples collected
from each of the designated field screening
points. Section 224 of the Storm Water
Sampling Guidance Document describes
procedures for collecting flow-weighted
composite samples (EPA, 1992a). Concentra-
tion values must be reported in the applicant's
Part 2 Permit Application for each
representative storm event sampled. The
applicant should report the average of these
results as the event mean concentration for
each parameter measured Municipalities are
encouraged to present data in a tabular format
However, the applicant has flexibility to
present the data in other ways, provided the
data is clearly presented.
As stated previously, applicants must
sample storm events for at least three hours, or
for the entire storm event if it lasts less than
three hours If a storm event lasts more than
three hours, the applicant may choose among
three approaches for calculating the event mean
concentration of the storm First, the applicant
may report the event mean concentration for
the first three hours of the event (or longer, if
the applicant monitored more than three
hours). Second, if the applicant has data
available on the correlation between flow and
concentration which allows it to be more
specific about the event mean concentration, an
estimation technique may be used to derive the
event mean concentration. If the applicant uses
such an estimation technique, the methodology
must be explained Third and finally, the
applicant may monitor the entire storm event
and report the actual event mean concentration.
Whichever approach the applicant uses, the
same method should be used to derive event
mean concentrations in the future. This will
assist the applicant in identifying meaningful
trends in changes in event mean concentrations
over time.
5.4.3 Annual Pollutant Loadings
Municipalities may choose from a variety of
acceptable procedures for estimating the annual
pollutant loads of the cumulative discharge.
This guidance contains an example of
calculating the annual pollutant loads using the
"simple method," which is adapted from
Schueler (1987). The guidance also discusses
some dynamic models that applicants may
wish to employ.
Regardless of which method applicants
choose, they must describe and document the
specific technique used. The description
should include (but is not limited to) the key
equations used to calculate reported values,
such as.
• Assumptions for selecting site-specific
parameters (e g., runoff coefficients),
5-13
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Charactenzition Data
• References to any source documenta-
tion (e g , previously completed studies
or reference textbooks), and
• Justification for any assumed parameter
values
The Simple Method
The following method of computing
pollutant loadings is referred to as the "simple
method" and is adapted from Schueler (1987).
For purposes of satisfying Part 2 application
requirements, the simple method provides a
quick and reasonable estimate of pollutant
loadings with a minimal amount of data
required Although the regulations require a
system wide (cumulative) annual pollutant load
calculation for each of the pollutants listed in
Exhibit 5-5 (above), the single pollutant load
values provide limited insights into potential
problem areas and what BMPs might yield the
best results. Consequently, the municipality
may want to consider using the simple method
to estimate "individual" pollutant loadings from
drainage areas The individual pollutant
loadings can be aggregated to derive a
cumulative annual pollutant loading for the
entire M54 In the procedure below, for
example, Step 1 computes the annual loading
for each outfall of the M54 Then in Step 2,
the resulting pollutant loadings are summed to
derive annual pollutant loads on a per-
watershed basis In Step 3, the annual
pollutants loads tor each watershed are
summed to derive a system-wide annual
pollutant load.
As stated above, this procedure is only one
example of how a municipality could calculate
a system-wide annual pollutant load.
Esbmates of annual pollutant loads for
individual outfalls, watersheds, or other
discrete areas are not specifically required by
the regulations Hoxvever. municipalities will
find such esbmates helpful in making relative
comparisons among difterent areas of the MS4
Ultimately, these estimates could assist the
municipality with selecting BMPs and assigning
priorities to potential problem areas
Step 1: Use the Simple Method to
Calculate Annual Pollutant Loads on a
Per-Outfall Basis
The first step in this example is to calculate
annual pollutant loads for individual outfalls.
However, the applicant may choose to begin by
calculating annual pollutant loads for each
watershed or other discrete area. As stated
above, this example uses the simple method,
which is given by the following equation:
EQUATION 1:
12
where: L, = Annual pollutant load
Ob/outfall/yr)
P - Annual precipitation (m/yr)
CF = Correction factor that adjusts
for storms where no runoff
occurs (a value of 0 9 is
typically used)
Rv, = Weighted-average runoff
coefficient for the are? served
by the outfall (the calculation
of runoff coefficients is
discussed below)
C, = Event mean concentration of
pollutant (mg/U
A, = Catchment area (acres)
The numbers 12 and 2.72 are conversion
factors that account for unit conversions.
Each of the parameters in Equabon 1 is
defined below:
• Annual pollutant load is the total
amount of a specific pollutant
discharged in pounds per bme period
(in this case, per year) for the particular
segment of the MS4 being modeled (in
this case for each outfall) Pollutant
loads may also be expressed for
alternative time periods, or on a
system-wide or watershed basis
5-14
-------
Characterization Data
• Annual precipitation is the total inches
of rainfall occurring in a single year
plus the contribution of snowmelt
Estimates of the annual rainfall can be
based on the rainfall data provided in
Part 1 of the application
• Correction factor is an adjustment
factor for the number of storm events
that do not actually produce any runoff
(i.e., the percentage of storm events that
have a total accumulation greater than
a specific threshold value). This value
will vary by region. Without this
adjustment factor, the municipality
would be assuming that all storm
events produce runoff, which may or
may not be the case. A typical value
for this correction factor is 0.9 (90%).
However, this value can vary between
climatic regions. Municipalities should
review historical rainfall data to
estimate the percentage of storm events
that produce runoff versus the number
of storm events per year.
• Weighted-average runoff coefficient is
a relative measure of imperviousness or
the percentage of rainfall that becomes
surface runoff Runoff coefficients are
a function of the type of surface,
intensity of the rainfall, the degree of
soil saturation and storabviry (storage
capacity) of the soil. To delerimme
runoff coefficients, the municipality
may use Equations 2 or 3 (which
follow). Alternatively, the municipality
may use actual held measurements,
relevant hydrologic studies, average
values published in civil engineering
reference manuals, or default values
provided in Exhibit 3-12 of EPA's
NPDES Storm Water Sampling Guidance
Document
• Event mean concentration of pollutant
is the event mean concentration value
for the specific pollutant determined
from the analysis of flow-weighted
composite samples. Equation 1
requires a value for each pollutant
concentration As discussed previously,
the applicant mav use site-specific
concentration data (e g, storm water
sampbng data) or generic (e g , NTLTRP)
data to derive event mean concentra-
tions In other words, the applicant
should use best professional judgement
to decide which of the following
concentration values to use
— a mean concentration value from
the NURP study;
OR
— an average of all event mean
concentrations from all samples
over three representative storm
events;
OR
- an event mean concentration
attributable to a specific land use
activity
The applicant will have to consider the
extent of the variability of the data
when selecting an appropriate
concentration value. NURP or other
regional studies used to estimate
pollutant concentrations can be
compared to existing site-specific data
in order to assess the uncertainty
associated with generic approaches.
• Catchment area is the size of the
drainage area for the particular
segment of the MS4 being modeled (in
this case, the outfall drainage area).
Areas that are served by combined
sewers or that are not otherwise served
by the MS4 should not be included
Weighted-average runoff coefficient. Run-
off coefficients can be based on flow measure-
ments or estimated from land use character-
istics. In order to determine an average runoff
coefficient for art area with a diversity of land
5-15
-------
Characterization Data
use activities, the following equation should be
used to estimate a weighted-average runoff
coefficient
EQUATION 2
where. Rt\ = Weighted-average runoff
coefficient
A, = Catchment area (acres)
R,, = Catchment runoff coefficient
As an alternative to Equation 2, Equation 3
can be used to estimate weighted-average
runoff coefficients from percent imperviousness
data (Shelley, 1986)
EQUATION 3
flv, =005+0009*7
where. Rv, = Weighted-average runoff
coefficient
i - Percent imperviousness
The percent imperviousness can be
estimated from land use data Residential land
can be assumed to be 24% impervious,
commercial land 75% impervious; industrial
land 55% impervious; and open space 15%
impervious The percent imperviousness of
residential land was estimated from the
following empirical equation of NURP and
USGS data, which relates population density to
percent imperviousness
EQUATION 4
D = Populabon density
(persons/acre)
Similar to Equation 1, individual
parameters for Equations 2, 3, and 4 can be
used on a system-wide basis, or modified to
reflect more realistic conditions within smaller
or discrete segments (eg, individual
watersheds or outfalls).
Step 2. Use the Per-Outfall Annual
Pollutant Loads to Calculate Per-
Watershed Annual Pollutant Loads
If the simple method is used to compute
the annual loading on a per-outfall basis,
Equation 5 may be used to estimate annual
pollutant loadings on a per watershed basis.
The approach of computing pollutant loadings
on a watershed basis is used by some counties
where larger watersheds are segregated into
smaller watersheds or drainage areas on the
basis of similar land use designations One
county uses this method in conjunction with
forecasts of future development within the
county to develop preliminary estimates of
future pollutant loadings This approach
minimizes the possibility of computing an
annual pollutant loading that is too
conservative.
EQUATION 5
where / = Percent imperviousness
where: L,, = Annual pollutant load for a
particular watershed
LL, = Summation of individual
annual pollutant loadings
from all major outfalls within
a specific watershed
Step 3: Use the Watershed-Based Annual
Pollutant Loads to Calculate System-Wide
Annual Pollutant Loads
To calculate the annual loadings system-
wide, use the following equation
5-16
-------
Characterization Data
EQUATION 6
where LB = Annual pollutant load for
an entire MS4
£!.„, - Summation of individual
annual pollutant loadings
from all watersheds within
a municipal separate storm
sewer system
Dynamic Models
In instances where a municipality has a
significant amount of historical data for the
drainage areas serviced by storm sewer
outfalls, including historical precipitation data
and receiving water concentration and flow
data, the MS4 may elect to use dynamic models
to derive pollutant loads and to analyze the
effects of MS4 discharges on receiving waters.
Dynamic models are designed to calculate
a complete probability distribution for the
output being modeled Therefore, dynamic
models take into consideration the inherent
variability of data associated with MS4
discharges, such as variations in concentration,
flow rate, and runoff volume
One benefit of using a dynamic model is
that the calculation of a complete probability
distribution allows the modeler to consider a
multitude of "what-if' scenarios. For example,
when sufficient historical data is available, the
modeler could consider the benefits and risks
associated with alternative BMP strategies.
Dynamic models have one additional
benefit over steady-state models in that
dynamic models determine the entire discharge
concentration frequency distribution.
Consequently, this would enable the modeler
to examine the effects of storm water
discharges on receiving water quality in terms
of the frequency by which water quality
standards may be exceeded For purposes of
computing pollutant loadings, a number of
models are available including EPA's
Storm water Management Model (SWMM) and
Hydrologic Simulation Program (HSPF), U S
Army Corps of Engineers' Storage, Treatment,
Overflow, Runoff Model (STORM), and Illinois
State Water Survey's Model QILLUDAS (or
Auto-QI).
Regardless of the method employed, the
applicant must document how pollutant
loadings are derived Applicants must provide
estimates of annual pollutant loads and event
mean concentrations for each outfall with their
Part 2 applications. However, some outfalls
will need to be more completely characterized,
and conditions will change after the permit is
approved. This is one reason why, as
described in Section 5.4, data collection will
continue throughout the term of the permit.
Estimates of the individual contribution of
pollutant loadings for each watershed or major
outfall will help the applicant select priorities
for specific watersheds.
5.5 PROPOSED SCHEDULE FOR
SEASONAL LOADS AND
REPRESENTATIVE EVENT MEAN
CONCENTRATIONS OF MAJOR
OUTFALLS
§122.26(d)(2)(iu)(Q A proposed schedule to
provide estimates for each major outfall
identified in either paragraph (d)(2)(n) or
(d)(l){hi)(BXJ) of this section of the seasonal
pollutant load and of the event mean
concentration of a representative storm for
any constituent detected in any sample
required under paragraph (d)(2)(uiXA) of this
section;
Seasonal pollutant loads are important
because they are a more accurate representation
of loadings that may occur during a short time
interval. To further refine the annual pollutant
load estimates, Part 2 requires the applicant to
propose a schedule to estimate seasonal
5-17
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Characterization Data
pollutant loadings and event mean
concentrations for each major outfall
The quality of the data available when the
Part 2 application is prepared will affect the
accuracy and usefulness of the initial estimates
of pollutant loadings and average
concentrations These estimates can be
improved as more site-specific data are
collected during the term of the permit. A
long-term site specific monitoring program will
capture the variability in data that is essential
to estimate more accurate pollutant loadings
over time. Therefore, the impacts associated
with these loadings can also be estimated with
greater certainty. In addition, a site specific
record collected over a longer time frame
allows the effectiveness of the comprehensive
municipal storm water management program
to be evaluated
Estimates must be submitted for any
contaminant detected in any sample required
under the Part 2 sampling effort l§122.26(d)
(2)(nO(B)|. Seasonal pollutant load estimates
are required for any pollutants listed in
Exhibits 5-2, 5-3, and 5-4 that were detected
during the sampling procedure described in
Section 5 3.4. Therefore, the analyses required
for seasonal pollutant loads will potentially be
more comprehensive than the analyses of
annual pollutant loads This results from the
possibility that additional pollutants will be
detected as part of the storm water
characterization studies.
In some regions, precipitation patterns vary
significantly from season to season, resulting in
significantly different pollutant loadings
throughout the year. In arid and semi-arid
parts of the country, pollutants accumulate
during dry spells, resulting in significantly
higher pollutant concentrations in storm water
discharges after extended dry weather
Because of the buildup of accumulated
pollutants, pollutant concentrations in
discharges from MS4s are typically highest
during the "first flush," or initial discharge
]n other regions, pollutants that accumulate
in snow may lead to high pollutant concentra-
tions in runoff from the spring thaw
Therefore, using an annual average pollutant
loading might disguise the impact of shock
loadings (discharges that occur within a very
short time period and which often exceed acute
toxjcity criteria) of certain pollutants.
Numerous factors contribute to the total
volume of snowmell runoff including
shortwave and longwave radiation,
condensation or vaporization, converted heat
transfer by wind, heat content of rain water,
and conductive heat transfer from the ground.
Therefore, for regions with significant snowfall,
pollutant loading estimates need to be adjusted
to account for the additional volume of runoff
attributable to snowmelt.
Since snowmelt runoff can occur in either
the presence or absence of a storm event, the
computation of seasonal pollutant loadings
becomes significantly more complex The
determination of total snowmelt runoff,
however, is beyond the scope of this manual.
Affected municipalities are encouraged to
contact the U.S. Geological Survey or the Army
Corps of Engineers for historical data on
snowmelt runoff.
The effects of pollutant load can also vary
by season Nutrient pollutant loads from storm
water discharges can promote algal blooms in
receiving waters during the spring and
summer, but they may be of little consequence
during winter in surface waters with good
flushing characteristics. Quantifying seasonal
variations in pollutant loads may aid the
development of more cost-effective storm water
management programs.
Pollutant loads also may vary significantly
from one outfall to another. Within a drainage
area, the type of land use, the percent of
surface that is impervious, and the extent of
exposure of storm water to contaminants affect
the pollutant load from an outfall. Procedures
for estimating seasonal pollutant loadings must
be proposed for major outfalls only
5-18
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Data
Under §122.26(d)(2)(ui)(C) the regulation
requires a schedule to provide estimates of:
• The seasonal pollutant load for each
identified major outfall.
• The event mean concentration of a
representative storm for any constituent
detected in any sample required.
The following steps can be taken to develop
a proposed schedule for estimating seasonal
loadings at major outfalls:
1. Use historical or long-term hydrologic
data to define seasons.
2. Describe the procedure to be used .to
estimate seasonal loads. This could be
an adaption of the simple method or
another mathematical model used for
annual loads (e.g., instead of using a
total annual rainfall accumulation, use
an average rainfall accumulation
associated with a specific season). If
the simple method is used, the
municipality could still use Equation 1.
However, the amount of rainfall (P)
would no longer be an annual value.
Instead, it would be the amount of
rainfall associated with a particular
season defined by the municipality. In
addition, the applicant may have to
adjust the average runoff coefficient to
reflect seasonal changes (e.g., frozen
ground can behave like an impervious
surface and substantially increase the
amount of runoff). Lastly, substantial
differences in the frequency and
duration of seasonal storm events may
increase or decrease the correction
factor CF (e.g., during a dry season, the
number of storms that actually produce
runoff may be substantially lower than
during a wet weather season).
3. Identify data elements that need to be
refined. In cases where mere is
substantial seasonal variation, revised
runoff coefficient values may be
necessary For example, during rainy
seasons, ground surfaces are more
saturated than during the dry season
As a result, the same amount of rainfall
in the wet season will lead to a greater
volume of storm water runoff than in
the dry season.
4. Proposed procedures for collecting the
appropriate data or otherwise
improving estimates.
5. Provide an approximate time frame for
data collection and submission of
seasonal'load estimates.
Proposed procedures for estimating
seasonal pollutant loadings and event mean
concentrations should explain when and how
data used for the estimates will be obtained.
The data can be based on site-specific
information, or they can be obtained from
municipal systems with similar characteristics
(such as Regional NURP data).
5.6 COLLECTION OF REPRESENTATIVE
DATA FOR PROPOSED MONITORING
PROGRAM FOR THE TERM OF THE
PERMIT
Under §12Z26(d)(2)Gii)(D), applicants are
given the opportunity to propose monitoring
programs to be carried out during the term of
the permit
§12U«dX»(lilXD) A propOMd monitoring
program for representative data collection for
the term of the permit that describe* the
location of outfall* or field icretning points
to be sampled (or the location of instream
nation*), why.the location u representative,
the frequency of sampling, parameters to be
sampled, and a description of sampling
equipment
Applicants should consider their specific needs
and identify priorities for the proposed
5-19
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Characterization Data
morulonng program After receiving the Part 2
application, the permitting authority will
review proposed monitoring programs and
make appropriate adjustments when establish-
ing perrrut conditions
The applicant must propose a monitoring
program for representative data collection for
the term of the permit that describes-
• The location of outfalls or held
screening points to be sampled (or the
location of instream stations);
• Why the location is representative;
• The frequency of sampling;
• Parameters to be sampled, and
• A description of sampling equipment.
Municipalities must submit sampling data
over the life of a permit so that changes in
storm water quality can be assessed Like
initial sampling data, the data from an on-
going monitoring program can be used by the
municipality to allocate resources to achieve
reduction in pollutants The monitoring data
will also serve as an environmental indicator of
the success of the storm water management
program. Many municipalities may require an
extended period of time (possibly the entire
permit term) and substantial data to
definitively evaluate the effectiveness of a
storm water management program. Therefore,
a plan for data collection must be proposed by
the municipality for the five-year term of the
permit. During the permit term, the results of
the monitoring program will be submitted in
the municipality's annual report |§122.42(c)(4),
discussed in Section 7.3 of this guidance].
5.6.1
-------
Charactenzition Data
priority pollutants can provide support for
resource allocations to address pollutant
sources posing the greatest environmental risk
How proposed monitoring efforts will be
structured to identify and quantify pollutant
sources should be discussed in proposed storm
water management programs.
The monitoring program may also include
procedures to conduct dry-weather monitoring
over the term of the permit to help detect illicit
discharges and improper dumping. This can
include recording visual observations and
odors observed in dry weather flows.
5.6.1.3 Evaluating the Performance
Specific Controls
of
Pollutant removal efficiencies are fairly well
known for certain structural BMPs. However,
sampling may still be necessary to ensure that
the BMP is meebng original design
expectations The expected pollutant removal
efficiency for a structural control must take into
account site-speafic conditions For example,
an infiltration basin has a certain expected
pollutant removal efficiency, but actual field
efficiency is arfected by subsurface soil
conditions and the extent and frequency of
maintenance
The' efficiency of a particular structural
control will be affected by many factors, such
as detenbon bme. However, efforts to
determine the efficiency of structural controls
must include considerabon of pollutant
concentrations and flow volumes into and out
of the control. The efficiency of nonstructural
source controls can be characterized by
comparing discharges at a given location before
and after the control measures are
implemented. Over time, sufficient monitoring
data may be gathered to draw substantive
conclusions about the effecbveness of certain
BMPs. Alternabvely, discharges from a
sampling site with source controls can be
compared with discharges from a similar site
that lacks source controls Efforts to monitor
the effectiveness of controls should be closely
coordinated with the assessment of control
efficiencies discussed tn Chapter 7
5.6.1.4 Identifying the Full Range of
Chemical, Physical, and
Biological Water Quality Impacts
Characterizing the effect of storm water
discharges on water quality is complicated by
a number of factors. EPA recommends an
integrated approach to assessing water quality
impacts associated with discharges from MS4s
Mom ton ng procedures that help assess water
quality impacts include:
• Discharge and receiving water
monitoring to support water quality
models and to identify hydraulic
impacts of increased peak flows and to
identify parameters of concern, and
• In-stream monitoring of water
chemistry;
• Bioassessments and biosurveys; and
• Sediment sampling
Discharge and Receiving Water Monitoring
to Support Water Quality Models
As discussed above, when there is sufficient
historical data available from monitoring, these
data may be used as inputs to models that
predict or validate the effects of pollutant
loadings from MS4s on receiving water quality
characteristics. In addition to monitoring data,
data on receiving water quality characteristics
are also necessary to calibrate a particular
model.
Once the model has been calibrated to
reflect site-specific conditions, future
monitoring data could be used to validate long
term reductions in pollutant loadings, the
effectiveness of nonstructural BMPs, and/or
pollutant removal efficiencies of existing
structural controls
5-21
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Charactenxihon Data
The information gathered from this
approach may also help define those BMPs that
which appear to be the most effect ve. For
example, in developing areas, monitoring data
could eventually support future planning
efforts that would seek to minimize the impact
of future development on local receiving
waters.
In-stream Monitoring
Using models to estimate pollutant
concentrations in receiving waters can be
inaccurate In-stream monitoring can directly
measure pollutant concentrations. General
designs for m-stream monitoring are:
• Monitoring above and below a set
location This method is generally
more useful for evaluating control
effectiveness than documenting the
severity of a diffuse source of
pollutants
• Monitoring at different times
Monitoring at different tames and
seasons can provide valuable
information on seasonal variations in
pollutant concentrations Dry weather
m-stream monitoring can be compared
with m-stream monitoring during
storm events
• Paired watersheds. Evaluating similar
water bodies can document
management program improvements
by controlling for meteorologic and
hydrologic variability. This approach
can also be used to compare receiving
waters to background conditions
associated with undeveloped
watersheds
Detailed guidance on applying these
approaches is provided in the draft Nonpoint
Source Monitoring and Evaluation Guide,
February 26, 1988. Nonpomt Source Branch,
US EPA
Bioassessments and Biosurveys
A biological assessment, or "bioassessment,"
is an evaluation of the biological condition of a
water body using biological surveys and other
direct measurements of resident biota in
surface waters. A biological survey or
"biosurvey," consists of collecting, processing,
and analyzing representative portions of a
resident aquatic community to determine the
community structure and function Biosurveys
and bioassessments can be used directly to
evaluate the overall biological integrity
(structure and/or functional characteristics) of
an aquatic community Deviations from the
biological integrity can be measured directly
using biosurveys only when the impacted
community is compared against a
predetermined reference condition. Without
the proper reference conditions, biosurveys
may underestimate the extent of impairment.
Biosurveys are useful in that they can
assess or detect the aggregate effect of impacts
upon an aquatic community where discharges
are multiple, complex, and variable, and where
point, nonpoml, and storm water discharges
are all affecting the biological condition of the
receiving water Because of this, biosurveys
cannot measure the impacts of one particular
discharge or effluent being discharged to
receiving waters. Currently, biosurveys cannot
be used as a predictive water quality
assessment tools.
Biosurveys provide a useful monitor of
both aggregate ecological impact and historical
trends in the condition of an aquatic ecosystem
They can also detect impacts that other
assessment methods may miss. More
importantly, biosurveys can detect impacts
caused by habitat degradation such as
channelization, sedimentation, and historical
contamination that disrupt the interactive
balance of the components of the aquatic
community
5-22
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Characlenxition Data
Sediment Sampling
Pollutants, both organic and inorganic,
associated with storm water discharges may
become physically or chemically bound with
sediment particles Depending upon the size
distribution of the sediment particles, a portion
of the contaminated sediment particles will
settle out of the water column Consequently,
the potential exists for a buildup of
contaminated sediment over time. The effects
of heavily contaminated sediments on both
benthic habitat and water quality have been
documented to the extent that EPA is
developing sediment quality criteria (SQC) that
will allow assessments of the lexicological
effects of contaminated sediments on varying
types of receiving waters.
The amount of sediment material found in
storm water discharges suggests that applying
sediment qualirv cntena could be a useful
component of a monitoring program. For
example, sediment quality cntena could be a
valuable preventabve tool to ensure that point
source discharges of storm water do not cause
or contnbute to the contamination of
sediments
In addibon, a MS4 could make compansons
of field measurements to sediment quality
cntena as a means of providing an early
warning of a potential problem. Consequently,
an early warning could provide an opportunity
to take corrective action to prevent further
contamination For long term planning,
consideration could aJso be given to the
feasibility of establishing target levels or goals
that would ensure that point sources discharges
of storm water do not contnbute to sediment
contamination
5.6.2 Monitoring Procedures
Monitoring procedures will depend on the
objectives of the monitoring effort To a large
extent, the type of receiving water will be an
important factor in developing monitoring
procedures and techniques. For example, grab
samples may be appropriate for monitoring
discharges from a retention pond, while
composite samples may be appropriate- tor
morutonng tlows into the pond The followmc
information, at a minimum, should be included
for each sampling site.
• The critena for storm selection,
• Whether grab, composite, continuous,
or other sampling techniques are to be
used,
• The cntena on when to begin and end
sample collection;
• The basis for selecting the time interval
between sequentially collected samples,
• How seasonal factors affect the
selection of momtonng frequencies,
• The method of estimating rates or
volumes of flow passing the sampling
point, and
• The analytical methods used for
analyzing pollutant parameters and
their detection limits
Location of Monitoring Sites and
Description of Drainage Basins
The selection of morutonng sites should
depend on the goals of the momtonng
program. Applicants should identify the
location of each proposed monitoring site and
the boundary of its drainage basin. They
should descnbe the estimated size and land use
charactenshcs of the drainage basin for each
sampling location The applicant also should
explain why the sampling sites are representa-
tive or will otherwise provide information to
support a monitoring program goal. Other
morutonng sites can be selected to evaluate
unique conditions in the drainage area that
have significant or unusual potential for gener-
ating pollutants in storm water discharges
5-23
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Characterization Data
Samples should be analyzed in accordance
with the analytical methods approved under 40
CFR Part 136
Parameters to be Analyzed
The applicant must list all parameters to be
analyzed, which should depend on the
objective of the sampling effort For example,
it may only be necessary to monitor several
indicator parameters (such as TSS, settleable
solids, nutrient, and a metal) to characterize the
pollutant removal efficiency of a wet pond.
Sampling Equipment
The applicant must describe the equipment
to be used in the proposed sampling program.
Only the primary pieces of equipment need be
identified. Descriptions can be made by refer-
ence to equipment supplied by a vendor or
manufacturer if distinctive enough to be readily
identified.
5-24
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Adequate Legal
Authority
Source
Identification
Characterization
Data
CHAPTER 6
PROPOSED
MANAGEMENT PROGRAM
Proposed
Management
Program
Proposed Management
Program
Ptrtl
• Identity extebng storm water management
activities
Part 2
• Identity commtrclil and residential.
construction, and Industrial
activities to ba addrassad In the
storm water program.
• Establish appropriate control
measures for commercial and
residential, construction, and
Industrial activities.
• Oaalgn a program to prohibit Illicit
discharges.
-------
6.0 PROPOSED MANAGEMENT PROGRAM
6.1 BACKGROUND
Under the Part 2 application requirements,
municipalities must propose site-specific storm
water management programs. This is the most
important aspect of the permit application. The
Part 2 application requirements provide each
MS4 with the flexibility to design a program
that best suits its site-specific factors and
priorities.
The regulations require the applicant to
provide a description of the range of control
measures considered for implementation
during the term of the permit Applicants
must meet all the requirements of the Part 2
application regulation. However, flexibility in
developing permit conditions is encouraged by
allowing municipalities to emphasize the
controls that best apply to their MS4. For
example, a municipality that expects significant
new development may focus more on
requirements for new development and
construction, while a municipality that does not
expect significant new development may focus
more on a program to prohibit illicit discharges
or control .industrial contributions. In any case,
a satisfactory- proposed management program
will address- management practices; control
techniques and systems; design and
engineering methods, and other measures to
ensure the reduction of pollutants to the
"maximum extent practicable (MEP)."
If the municipality proposes a thorough
and complete program, the permitting
authority is likely to incorporate all or part of
the proposed management program into the
NPDES storm water permit written for that
municipality Therefore, the proposed pro-
grams provide municipalities with the
opportunity to have substantial input into their
NPDES permit conditions.
This section of the guidance manual
describes the minimum information
requirements for proposed storm water
management programs. Examples of how the
program elements should be addressed are
provided. These examples illustrate minimum
information requirements for the program
elements, and occasions when municipalities
may opt to go beyond minimum requirements
in order to meet the \fEP standard
6.2 SUMMARY OF REGULATORY
REQUIREMENTS
The municipality must develop and submit
a proposed management program that covers
the duration of the permit The program must
integrate the information and actions described
in the Part 1 application and portions of the
Part 2 application (see Chapters 3, 4, and 5 of
this guidance). The regulatory requirements
for the proposed management program are in
40CFR 122.26(d)(2)(iv)
At a minimum, the proposed management
program must include:
• A comprehensive planning process that
involves both public participation and
intergovernmental coordination;
• A description of management practices,
control techniques, and system design
and engineering methods to reduce the
discharge of pollutants to the MEP; and
• A description of staff and equipment
available to set up and assess the storm
water management program.
Additional provisions under §12226(d)(2)
(iv)(A) require applicants to include:
• Programs to control storm water runoff
from commercial and residential areas,
construction sites, and industrial
6-1
-------
Proposed Management Program
facilities (including waste handling
sites), (Section 63),
Identification of structural control
measures to be included in these
proposed programs, such as detenbon
controls, infiltration controls, and
filtration controls that the municipality
plans to apply to the activities
addressed in its storm water
management program (Section 6.4); and
Programs to detect and remove illicit
discharges, and to control and prevent
improper disposal into the MS4 of
materials such as used oil or seepage
from municipal sanitary sewers (Section
6.5).
6.3 PROGRAMS TO CONTROL STORM
WATER RUNOFF FROM
COMMERCIAL AND RESIDENTIAL
AREAS, CONSTRUCTION SITES, AND
INDUSTRIAL FACILITIES
A proposed management program must
identify the activities or areas that require
controls to reduce pollutants in storm water
runoff Specifically, a proposed management
program must address storm water runoff from
commercial and residential areas (Section
6.3.1), construction sites (Section 6.3.2), and
industrial facilities (Section 6.3 3). Also, areas
where illicit connections or illegal discharges
may occur must be identified (Section 65).
In addition to the requirements of the
proposed storm water management program,
other provisions of the Part 1 and Part 2
applications require information that will help
enable the municipality to focus on identifying
activities and areas that may need control
measures Examples of these provisions
include
• Identification of sources [Part 1,
§1222
-------
Proposed Management Program
control measures will enhance the existing
system, and what impact the proposed
measures will have on receiving waters The
control measures should recognize and
emphasize the interaction between pollutant
sources and the physical attributes of the
municipaJ system and receiving waters.
Specific commercial and residential
activities that must be addressed include
maintenance activities and a maintenance
schedule for structural controls to reduce
pollutants in storm water runoff. This
provision is discussed in Section 6.4.2. Other
activities to be addressed include:
• Post-construction controls to reduce
pollutants in discharges to MS4s
resulting from new development and
significant redevelopment (Section
6311),
• Practices for maintaining and operating
public streets, roads, and highways that
will reduce the impact on receiving
waters from storm water runoff
discharges (Section 6 3 1 2);
• Procedures to assure that the impacts
on receiving waters from flood
management projects are assessed, and
that existing structural control devices
have been evaluated to determine if
retrofit controls are feasible (Section
63.1.3);
• A program to monitor pollutants in
runoff from operating or dosed
municipal landfills that identifies
priorities and procedures for
inspections and establishing and
implementing control measures (Section
6.3 1.4); and
• A program to reduce to the maximum
extent practicable, pollutants in storm
xvater runoff associated with the
application of pesticides, herbicides,
and fertilizer (Section 63.1.5).
To reduce pollutants in storm water runoff
from commercial and residential activities, a
proposed management program might include
the use of infiltration devices, detention and
retention basins, vegetated swales, water
quality inlets (which may include oil and water
or oil/gnt separators), screens, channel
stabilization/riparian habitat enhancement
efforts, wetland restoration and preservation
projects, as well as various source control
strategies and other nonstrucrural control
measures
6.3.1.1 New Development and
Significant Redevelopment
Summary of Regulatory Requirement
New development or redevelopment often
increases impervious land surfaces, which
usually leads to increased pollutant levels in
storm water runoff Chemical and thermal
changes in storm water runoff are commonly
associated with new development and can
adversely affect the quality of receiving waters
In addition, urbanization results in an increase
in the volume of storm water discharges.
The Nationwide Urban Runoff Program
(NURP) study (EPA, 1983) and more recent
investigations indicate that controlling the
contribution of pollutants in storm water
discharges at the onset of land development is
the most cost-effective approach to storm water
quality management Mitigating problems
caused by pollutants after they have entered a
MS4 is often more expensive and less efficient
than preventing or reducing the discharge of
pollutants at the source Therefore, a
satisfactory proposed management program
will propose structural and nonstrucrural
measures to reduce pollutants in storm water
discharges from areas of new development and
redevelopment Examples of such measures
are discussed below
6-3
-------
Proposed Management Program
§122.26(d)(2)(iv)(A)(2) [The applicant must
include a] description of planning procedures
including a comprehensive master plan to
develop, implement and enforce controls to
reduce the discharge of pollutants from
municipal separate storm sewers which
receive discharges from areas of new
development and significant redevelopment
Such plan shall address controls to reduce
pollutants in discharges from municipal
separate storm sewers after construction is
completed
Provisions under §122.26(d)(2)(iv)(A)(2)
focus on the reduction of pollutants in storm
water runoff after construction in areas where
new development or redevelopment is com-
pleted Controls that are required during
construction are discussed in Section 6.3 2 of
this guidance
Post-Construction Controls
Proposed storm water management
programs should include planning procedures
for both during and after construction to
implement control measures to ensure that
pollution is reduced to the maximum extent
practicable in areas of new development and
redevelopment. Design criteria and perform-
ance standards may be used to assist in
meeting this objective
Further, storm water management program
goals should be reviewed during planning
processes that guide development to
appropriate locations and steer intensive land
uses away from sensitive environmental areas
A municipality may, for example, include
provisions in the planning process that ensure
that all new development in targeted areas or
zones provides for a certain percentage of
undisturbed area to assist in preserving post-
development runoff quality and velocity as
similar as possible to pre-development
conditions In its Part 2 application, a
municipality should describe how it plans to
implement the proposed standards (e g,
through an ordinance requiring approval of
storm water management programs, a review
and approval process, and adequate
enforcement)
The proposed storm water management
program should identify and include planning
procedures and control measures that will be
used in the municipality.
Planning Procedures
Comprehensive planning procedures
typically involve incorporation of land use
goals and objectives into a plan document or a
plan map. These plans are often called Master
Plans, Comprehensive Land Use Plans, or
Comprehensive Zoning Plans
Comprehensive or master plans are often
non-binding. They provide support and
direction to local officials that have the
authority to make land use decisions
While applicants do not need to submit a
complete comprehensive or master plan with
the Part 2 application, they should detail the
planning process employed by the
municipality. They must thoroughly describe
how the municipality's comprehensive plan is
compatible with the storm water regulations
The description should clearly
• Identify management objectives for
streams, wetlands, and other receiving
waters;
• Identify areas where urban
development is bkely to occur and
areas that are sensitive to the effects of
urbanization. Consideration should be
given to receiving waters, topography,
soil types, ground water uses and
potential impacts, and other relevant
factors;
• Describe standards such as design
criteria and performance standards for
storm water controls for new
developments, such as buffer zones,
6-4
-------
Proposed Management Program
open space preservation, erosion and
sediment controls, etc.;
• Describe other measures to minimize
the effects of new development on
storm water quality (these may include
local code and ordinance requirements);
and
• Identify or discuss the site development
review process for the evaluation and
approval of storm drainage or storm
water management programs. Require-
ments in drainage or storm water
management programs can be
coordinated with review of other
related plans such as those for site
grading or landscaping.
There will be great variation among
municipalities in their sophistication of land
use planning If the municipality has recently
updated its land use plan, it may detail storm
water quality issues In other instances, there
may be no policy to include storm water
quality considerations in land use decisions. In
such cases, the applicant must describe how
consideration of those activities that affect
storm water quality are to be incorporated into
the municipality's comprehensive or master
plan and its approval process for construction
projects
Control Measures
Most traditional storm water control
measures focus on efficient collection and
conveyance of storm water runoff to an offsite
location This approach can increase
downstream property damage due to increased
storm water runoff quantity and flow velocity.
Corrective action often involves expensive
public works projects, such as enlarging and
reinforcing channels or constructing swales to
provide an adequate outfall from affected or
damaged areas The traditional approach has
typicallv involved downstream channel
stabilization projects However, these projects
may also result in increased storm water runoff
quantity and flow velocity.
Some recent approaches to storm water
management include preserving the natural
features of a watershed by maintaining
vegetative cover and establishing buffer zones
and open space or green areas. The benefit of
employing this approach is the protection
afforded to riparian areas and wetlands, as well
as the preservation of a stable watershed. One
additional benefit from this approach includes
maintaining ground water recharge through
infiltration. These approaches to storm water
management minimize the impact of erosion,
flooding, and other damage to natural drainage
features such as streams, wetlands, and lakes.
Preservation of natural habitat can be achieved
through effective storm water quality control
measures More recent approaches use storm
water to:
• Recharge ground water sources with
runoff from impervious areas;
• Preserve baseflows of surface water
bodies;
• Augment water supplies used for street
cleaning and other municipal functions,
such as watering public lawns,
• Increase recreational opportunities
including swimming, fishing, and
boating; and
• Sometimes, augment drinking water
supplies if it is treated and in
compliance with all applicable drinking
water standards.
The municipality should consider storm
water controls and structural concerns in
planning, zoning, and site or subdivision plan
approval. An example of effective structural
control is described in Exhibit 6-1. Non-
structural control measures are highly
recommended for new development. They can
be included during the planning, site-selection,
and development stages. Examples of non-
structural controls include street sweeping,
buffer strip preservation, and public education.
6-5
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Proposed Management Program
Exhibit 6-1
Storm Water Programs in Delaware and Florida
Delaware requirements for on-site measures include water quality ponds with permanent
pools Ponds must be designed to release the equivalent volume of runoff from the first 1 /2
inch of runoff from the site over a 24-hour period and have a storage volume designed to
accommodate at least 1 /2 inch of runoff from the site Water quality ponds without permanent
pools may also be used in Delaware's program. These pools are to be designed to release the
first inch of runoff from the site over a 24-hour period.
Developers are instructed to consider infiltration practices only after ponds are eliminated
for engineering or hardship reasons. Infiltration structures must tie designed to accept at least
the first inch of runoff from all streets, roadways, and parking lots Other practices may be
acceptable if they meet the equivalent removal efficiency of 80 percent for suspended solids.
More stringent requirements may be established on a case-by-case basis.
The 80 percent removal efficiency for suspended solids that Delaware requires takes into
account pollutant settling. The 24-hour detention period allows for substantial settling where
most of the pollutant removal occurs. In addition, the requirement that the first inch of runoff
be released over a period of no less than 24 hours reduces downstream erosion
Source Schueler, 1torm \\atercontrols However,
there are generally far more constraints and
limitations on the control opportunities
available at redevelopment sites One of the
primary constraints is the availability of
sufficient open area to accommodate structural
controls such as detention ponds. In instances
where redevelopment is occurring in densely
urbanized areas, storm water runoff volumes
may be so large that sufficient storage capacity
can not be provided without further
compounding problems associated with siting
and retrofitting existing storm water
conveyance systems In such cases, the
municipality should consider nonstructural
control measures such as traffic flow control,
the use of porous construction materials for
roads and parking lots, revisions to street
sweeping or deicmg policies, or public
education programs
6.3.1.2 Public Streets, Roads, and
Highways
Summary of Regulatory Requirement
Public streets, roads, and highways can be
significant sources of pollutants in discharges
from MS4s Therefore, proposed management
programs must include a description of
practices for operation and maintenance of
public streets, roads, and highways, and
procedures for reducing the impact of runoff
from these areas on receiving waters.
§122.26(d)<2)(iv)(A)(3> I The application must
include a] description of practices for
operating and maintaining pubbc streets,
roads and highways and procedures for
reducing the impact on receiving waters of
discharges from municipal storm sewer
systems, including pollutants discharged as a
result of deicmg activities
6-6
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Proposed Management Program
Road maintenance practices, especially
snow management and road repair, and traffic
are significant sources of pollutants in storm
water discharges Measures to reduce the
pollutants in storm water runoff from these
sources should be addressed in the proposed
management program
Snow Management
Deiring salts are the main source of
pollutants in runoff of urban snowmelt
Municipalities can reduce these pollutants by
calibrating equipment, educating equipment
operators, using alternative deicing materials,
and properly storing deicing materials. As
alternatives to deicing salts, the Federal
Highway Administration is considering many
materials that may be less polluting. However,
most of these deicers contain sodium or
chloride ions that are harmful to roadside trees,
shrubs, and soils. One deicer, calcium
magnesium acetate (CMA) may be the best
option for environmentally sensitive areas
(Chollar, 1990) In salt storage facilities, salt
piles should be completely covered, storage
and handling areas should have impervious
surfaces, and contaminated runoff should be
contained
Road Repair
Road maintenance and repair activities may
contribute pollutants through erosion caused
by the elimination of stabilizing vegetation
from roadside shoulders and ditches.
Maintenance crews can decrease the potential
for erosion by disturbing only the area under
repair. Graded areas should also be limited in
size so that repairs can be completed the same
day and graded areas stabilized by the end of
the workday. Other measures to reduce
pollutants in storm water include scheduling
potential pollutant-causing repair work during
dry seasons, when possible
Municipal equipment yards and mainten-
ance shops that support road maintenance
activities can also be significant sources of
pollutants Therefore, municipalities should
consider instituting procedures that address
spill prevention, material management
practices, and good housekeeping
Traffic
Oil and grease and metals from traffic are
the pollutants of most concern with respect to
aquatic toxiaty and their ability to "wash off
roadways and enter a MS4
In almost all instances, the pollutant
concentrations in initial storm water discharge
from heavily travelled streets is significant
When the initial runoff reaches the velocity
needed to entrain parbculates, highly soluble
pollutants that have accumulated between
storms are transported to the storm sewer
system. Therefore, shortly after a storm event
begins, the pollutant loading m the initial flow
to a MS4 is often the greatest
Pollutants from traffic can be minimized by
using nonstructural controls (e.g, traffic
reduction and improved traffic management),
structural controls (eg, traditional and
innovative BMPs), and changing maintenance
activities. Traditional structural controls to
reduce pollutants in road runoff include
vegetated swales, infiltration devices and
detention/retention basins Highways often
afford opportunities for using structural
controls such as detention basins on entrance
or exit ramps and upstream or downstream of
culvert crossings (Steward, 1992). Smaller
roads may also have low-cost structural control
opportunities available at culvert crossings
such as vegetated swales Many structural
controls can also be placed on public or private
land that is outside the nght-of-way, but still
may be proximate enough to capture road
runoff. Any time controls are placed at culvert
crossings, potential wetland impacts and
instream treatment issues need to be
considered
Maintenance activities that can reduce
pollutants in storm water discharges include
catch basin cleaning, litter control, and targeted
street sweeping For municipalities that have
6-7
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Proposed Management Program
developed transportation plans under the Clean
Air Act, applicants should describe how they
wall review the plan, and amend it where
appropriate, to address water quality concerns
Potential locations for installing new structural
controls to reduce pollutants from road and
highway runoff should be identified by
applicants.
63.1.3 Flood Management Projects
Summary of Regulatory Requirement
The traditional focus of storm water
management in many communities has been
water quantity (i e., flood) control. The
proposed management program must
demonstrate that flood management projects
take into account the effects on the water
quality of receiving water bodies, and the
program must discuss whether existing
structural flood control devices can be
retrofitted to control water quality.
§122.26(dK2)Uv)|A)(4) [The application must
include a] description of procedures to assure
that flood management projects assess the
impacts on the water quality of receiving
water bodies and that existing structural
flood control devices have been evaluated to
determine if retrofitting the device to provide
additional pollutant removal from storm
water is feasible
Opportunities for pollutant reduction
should be considered when determining
specific controls to be proposed as the MEP
standard in the storm water management
program.
Control Measures
Storm water management devices and
structures that focus solely on water quantity
are usually not designed to remove pollutants,
and may somebmes harm aquabc habitat and
aesthetic valuer. For example, channels that
are completely lined with concrete typically do
not provide for aquabc habitat and lend to
increase potentially erosive velocities and
elevate ambient water temperatures, resulting
in downstream channel enlargement and
increased pollutant loadings However, this
condition can be mitigated through alternative
stabilization methods.
Channel management measures that can
enhance streams and their ecological values
include corridor preservation, biological bank
treatment, and, where necessary, geomorphic
restoration (Ferguson, 1991). The municipality
may also install structural devices to dampen
the hydraulic energy of the flow and minimize
downstream erosion. As another example,
willow saplings could be planted between rip-
rap, timbers, and other stabilization structures
that are anchored into terraces on the side of
the streambank.
Flood-control projects can be built or
subsequently modified to address water
quantity and water quality concerns.
Sometimes existing flood control structures can
be retrofitted to provide water quality benefits
as well as water quantity control (EPA, 1989b).
Basin retrofits are a common example. For
such a retrofit, dry flood control or detention
basins can be converted to wet basins by
modifying outlet orifices Additional storage
can be obtained by raising the elevation of the
basin embankment.
Dry retention basins, or extended dry or
wet retention basins can be used to improve
water quality. Dry retention basins are not as
efficient or as effective in improving water
quality as extended dry or wet retention basins,
but dry retention basins are generally less
costly to design and.maintain. The decision to
use dry retention or extended dry or wet
retention basins should consider all these
factors.
Optimally, such measures should be
considered in the planning process (discussed
previously). However, they can also be
implemented later in the land development
6-8
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Proposed Management Program
process (eg, sile review or public facilities
requirements stage)
If a flood control authority is responsible
for a portion of the MS4, the applicant should
take the lead in coordinating efforts to
incorporate pollutant reduction considerations
in flood control projects EPA recommends the
use of Memoranda of Agreement and
Memoranda of Understanding to clarify roles
and responsibilities between two or more
political entities.
6.3.1.4 Municipal Waste Facilities
Applicants must describe programs that
identify measures to monitor and reduce
pollutants in storm water discharges from
facilities that handle municipal waste, including
sewage sludge.
§122.26(d)(2)(iv)(A)(5) (The application must
include a] description of a program to
monitor pollutant-- in runofl from operating
or closed municipal landfills or other
treatment, storage or disposal facilities for
municipal waste which shall identify
pnontie- and procedures for inspections and
establishing and implementing control
measure;, for such discharge^
The first step is to identify facilities that
handle municipal waste and summarize their
operations The types of facilities that should
be included are
• Active or closed municipal waste
landfill,
• Publicly owned treatment works,
including water and wastewater
treatment plants,
• Incinerators,
• Municipal solid waste transfer facilities
Land application sites,
Uncontrolled sanitary landfills,
Maintenance and storage yards for
waste transportation fleets and
equipment,
for disposing or treating sludge
from municipal treatment works; and
• Other treatment, storage, or disposal
facilities for municipal waste.
Applicants may combine this part of the
proposed management program with the
program established under §122 26(d)(2)(iv)(C),
which sets standards for monitoring and
controlling pollutants from similar types of
solid waste facilities (e.g , those with hazardous
wastes, or subject to the requirements of SARA
Title III — Section 313 of the Emergency
Protection and Community Right-to-Know
Act). Monitoring should include all the
parameters listed in §122 26(d)(2)(iv)(C) and
any additional parameters listed in an effluent
guideline. Procedures to evaluate, inspect,
monitor, and establish control measures for
municipal waste sites over the term of the
NPDES permit should be described For
example, after one year of monitoring each
waste handling facility category listed above,
the municipality may have collected enough
data to decide which facilities or types of
facilities should receive a higher priority for
pollutant reduction More attention could then
be focused on the high-priority sites
6.3.1.5 Pesticides, Herbicides,
Fertilizers
and
The proposed management program must
include a description of procedures to reduce
the contribution of pollutants associated with
pesticides, herbicides, and fertilizers discharged
to the MS4.
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Proposed Management Program
§122 26(d)(2)(ivKA)<6) [The application must
include a] description of a program to reduce
to the maximum extent practicable, pollutants
in discharges from municipal separate storm
sewers associated with the application of
pesticides, herbicides and fertilizer which will
include, as appropriate, controls such as
educational activities, permits, certifications
and other measures for commercial
applicators and distributors, and controls for
application in public nght-of-ways and at
municipal facilities
The proposed program should include
educational measures for the pubbc and
commerria] applicators, and should include
integrated pest management measures that rely
on non-chemical solutions to pest control. The
program should also describe how educational
materials will be developed and distributed
Applicants are encouraged to consider
providing information for the collection and
proper disposal of unused pestiades,
herbicides, and fertilizers, or to establish their
own program An eftecdve and safe program
would include
• Development of an inventor,' of
products that may be accepted under
the program, and collection of the
Material Safety Data Sheets (MSDSs) for
these products,
• Identification of transportation, storage,
and disposal requirements,
A shelf-life program
expired products,
to dispose of
Applicator training or certification (the
pretreatment program may be helpful
as a source of industry-specific
information or as a model approach for
obtaining and tracking information on
chemical applicators and distributors),
and
Safety trairung
Any certification/training program for the
collection and disposal of pesticides, herbicides,
and fertilizers must be in compliance with
Federal, State, and local laws such as the
Resource Conservation and Recovery Act, the
Federal Insecticide, Fungicide, and Rodenticide
Act, the Department of Transportation's
hazardous matenals regulations, and State and
local ordinances.
In addition, applicants must include a
discussion of controls for the application of
pesticides, herbicides, and fertilizers in public-
rights-of-way and at municipal facilities
Planting low-maintenance vegetation, such as
perennial ground covers, reduces pesticide and
herbicide use. Native vegetation is often
preferable because there is less need to apply
fertilizers and herbicides, and to perform other
forms of maintenance, such as mowing
(Horner, 1988).
If herbicides are used, a herbicide-use plan
must be proposed as part of the storm water
management program The plan might
include
• A list of selected herbicides and their
specific uses,
• Information about the formulations of
various products, including how to
recognize the chemical constituents
from the label, and directions and
precautions for applicators that explain
if products should be diluted, mixed, or
only used alone,
• Application methods and estimated
quantities to be used,
• Equipment use and maintenance,
• Training in sa/e use, storage, and
disposal of pesticides (safety
requirements for individual products
are listed on the products' MSDSs),
• Inspection and monitoring procedures,
and
6-10
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Proposed Management Program
• Recordkeeping and public notice
procedures
6.3.2 Construction Sites
As specified in §122 26(d)(2)(iv)(D),
applicants must describe proposed regulatory
programs to reduce pollutants in storm water
runoff from construction sites to the MSA.
§122.26(d)(2)(iv)(D) [The application must
include a) description of a program to
implement and maintain structural and
nonslructural best management practices to
reduce pollutants in storm water runoff from
construction sites to the municipal storm
sewer system
This part of the proposed management
program must address
• Implementation of BMPs,
• Procedures for reviewing site plans to
ensure that they are consistent with
local sediment and erosion control
plans,
• Inspection of construction sites; and
• Enforcement measures and educational
activities for construction site
developers and operators
EPA encourages municipalities to (1)
coordinate requirements to reduce pollutants in
construction site runoff with management
programs to reduce pollutants from new
development, and (2) maintain, to the degree
possible, pre-con struct] on hydrologic conditions
(Section 6 ? 1 1» Applicant^ are encouraged to
describe these two proposed management
program comp^nenb- together Implementation
of this program component will rely on the
establishment and maintenance of both
structural and nonstrucrural BNfPs This
requirement extends to all construction activity
\\ithjt' ih>- municipality
All construction sites, regardless of size,
must be addressed by the muruapahh To
begin to identify these sites, the applicant
should obtain lists of construction site
operators that are covered by general or
individual storm water NPDES permits from
the NPDES permitting authority However,
construction sites not covered by a storm water
discharge permit also need to be addressed by
the municipality. The best way to identify
these construction sites and implement an
effective BMP program to reduce pollutants in
their runoff is through the site planning process
(see Section 6.3.11).
The BMPs envisioned for construction site
runoff are generally well established
technologies and practices They rely
predominantly on erosion and sediment
controls and other measures applicable to
construction sites (e.g , control of solid wastes,
and prohibitions on discharging concrete truck
washing runofl into storm drains) The
technologies proposed should be referenced,
and a description of when and how the
controls will be used should be included
Municipality-specific technical guidance for
construction site operators, such as handbooks
and inspection checklists, are examples of
suitable reference sources If an applicant
chooses to develop such handbooks and
checklists, they should be referenced and
described in the application
The major requirements of this program
component include
• Site planning that considers the
potential impacts on water quality,
• Nonstructural and structural best
management practices,
• Procedures that consider physical site
characteristics when identifying
priorities for inspection and
enforcement, and
• Educational and trairung measures for
construction site operators
-------
Proposed Management Program
Each of these requirements, and the reasons
that they are important elements of a proposed
storm water management program, is described
in more detail below
6.3.2.1 Site Planning
Sediment runoff rates from construction
sites are typically 10 to 20 6mes greater than
those of agricultural lands, and 1,000 to 2,000
times those of forest lands. Over a short
period, construction sites can contribute more
sediment to streams than ha*d been deposited
over several decades Runoff from construction
sites can also include other pollutants such as
phosphorus and nitrogen from fertilizer,
pesticides, petroleum derivatives, construction
chemicals, and solid wastes
To address these problems, the proposed
management program should describe
procedures for site planning that consider
potential water quality impacts
§122 26(d)(2Uiv»(D)(l) [The program for
construction sites must include a] description
of procedures for site planning which
incorporate consideration ot potential water
quality impacts
The objective is for the municipality and
the developer to address storm water
discharges from construction activity early in
the project design process so that potential
water quality impacts can 'be eliminated or
minimized and consequence* to the aquatic
environment assessed Nonstructural
approaches to minimize the generation of
runoft from the construction site will also need
to be considered These measures may include
phasing development to coincide with seasonal
dry period:-, minimizing areas that are cleared
and graded to onl\ the portion of the site that
is necessary for construction, exposing areas for
the briefest period possible, and stabilizing and
receding disturbed areas rapidly after
corbtniction acti\it\ is completed
It is often easier and more effective to
incorporate storm water quality controls during
the site plan review process or earlier The
process typically culminates with the developer
of the construction site submitting detailed
engineering plans to the municipality for
review and approval
Upon complebon of the site plan review
stage, the developer and the municipality have
invested considerable time and money into the
project If storm water quality issues are
considered only after significant detailed
engineering has gone into the project,
municipal site reviewers may only address
minor drainage issues. In recent years,
however, many municipal] bes have developed
separate teams of site inspectors to implement
erosion and sediment control measures in the
field. In these municipalities, site inspectors
should be part of the site review team (if they
are not already) in order to incorporate their
expertise on the appropriate erosion and
sediment controls for the given circumstances
The above discussion reinforces, the
importance of site planning, as described in the
secbon on site planning for new development
(Secbon 6.3 1) In general, the sooner planners
consider storm water quality issues, the better
the opportunity for efficient and effecbve
pollutant reduction In some cases storm water
issues should be considered in the conceptual
stage of planning (e g , as a planning or zoning
funcboni
Some municipahbes include a final step in
the planning process that requires a developer
to provide a far greater level of design detail
than earlier conceptual design approvals This
step may be required as a condibon of the final
approval for certain zoning categories
Murucipahbes with such a step in the
development process can consider potenbal
storm water quality issues in detail at this
stage Municipalities that do nol currently
require such detailed plans should consider
adopting this procedure as part of their storm
water management program
6-12
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Proposed Management Program
6.3.2.2 Nonstructural and Structural
BMPs for Construction Activities
This? component of the proposed
management program should describe require-
ments for nonsrrucrural and structural BMPs
that operators of construction activities that
discharge to MS4s must meet
§122.26(d)(2)(iv)(D)(2) [The program for
construction sites must include a] description
of requirements for nonstructura] and
structural best management practices
As indicated above, applicants must
propose site review and approval procedures
that address sediment and erosion controls,
storm water management, and other
appropriate measures Approvals should be
clearly bed to commitments to implement
structural and nonstruclural BMPs during the
construction process Appropriate structural
and nonsrrucrural control requirements will
var\ b\ project Project type, size, and
duration, a:- well as soil composition, site slope,
and pruximirv to s-enMtive receiving waters will
determine the appropriate structural and non-
structural BMPs Municipalities should acquire
the authority to require operators to install and
maintain applicable erosion and sediment
control plans Exhibit 6-2 summarizes common
construction-sue
A description of the local erosion and
sediment control law or ordinance is needed to
sah^l\ this program requirement The de-
scription should include information that links
the enforcement or the law or ordinance to the
legal authority ot the applicant, as discussed in
Section 3 oi thib manual
\V!i]'c mam municipalities have erosion
and ^dirm-nt control ordinances in place, their
ettecbvent-M? i^ often limited because they are
n^1 adequate! v implemented and enforced
Eorripli- m:lud« silt fencing that is not
maintained or excavated soils that are placed
un u>p ot the ^ilt fencing Therelore,
construction sites covered under NPDE5 permit
regulations must indicate whether they are in
compliance with State and local sediment and
erosion control plans Site inspections are
expected to be the primary enforcement
mechanism by which erosion and sediment
controls are maintained
To ensure that developers are in
compliance with erosion and sediment control
plans, applicants may wish to consider
expanding the use of performance bonds. This
approach might depart from a traditional site
bonding approach For example, the size of
bonds could be based on the amount of earth
disturbed, the slope of the site, changes in
grades, soil type, proximity to surface waters,
sensitivity of surrounding area, and other
relevant factors. In addition, the bond could
clearly specify the storm water quality controls
that must be included in the development.
Appropriate maintenance and site cleanup
could be bed to the bond-release process
6.3.2 3 Site Inspections and Enforcement
of Controls For Construction Sites
Storm water BMPs associated with con-
strucbon activities are highly susceptible to
damage due to the intensity of activities
commonly associated with construction Con-
sequently, inspections are crucial to the
effective operation of storm water BMPs
Therefore, the proposed management program
should describe construction site inspection and
enforcement procedures The procedures
should be flexible so that they can be tailored
to specific construction activities and physical
characteristics of the construction site
§122 26
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Exhibit 6-2
Construction Site Controls
and Their Applicability
Control Type
Non-structural (cover)
temporary seeding
mulching & matting
plastic covenng
retain natural vegeuuon
I
buffer zones
seeding & planting
sodding
lop soi ling
Structural-erosion control
gravel entry/truck wash
road stabibzauon
dusi control
pip: slope drains
subsurface drains
surface roughening
gradient terries
bioenpmeercd slope".
le%el spreader
interceptor dikes'suales
check dams
outlet protection
nprap
\e^euh\e streambank stabilization
biocTvmeered streambanl. stabilization
structural 'treambani. stabilization
Structural-sediment retention
filler fence
gra\el filter berm
storm drain inJei protecuon
sedimmt trap or sump
or
roc Mvjdihed from WPOE PMic Revm.' Draft - Slormwaler Managemfnt Manual for the Puget
[Apartment ol Etologv Publication ^0-73 Junel^^l
t>-14
-------
Proposed Management Program
Effective inspection and enforcement
requires adequate staff, systematic inspection
procedures, penalties to deter infractions, and
intervention by the municipal authority to
correct violations. Enforcement mechanisms,
such as the ability to require additional storm
water controls, administrative penalties (e.g.,
stop work orders) and injunctive relief (via
citizen suits) also must be described. In
addition, the applicant should describe who
has the authority to require compliance.
Proposed procedures for Inspecting
construction sites may include minimum
frequencies and an inspector's checklist For
example, the State of Delaware requires a
minimum of one inspection every two weeks
for sites over 50,000 square feet
The proposed program should also specify
the minimum number of inspectors that will be
employed during the permit term and how
they will be trained. For example, some
erosion and sediment control programs require
that certified private inspectors be used. In
such case, procedures for inspector training and
certification must also be described.
In formulating procedures to identify
priorities for inspecting sites and enforcing
control measures, applicants are encouraged to
begin early in the process (i.e., at the site
planning stage, as discussed previously) and
continue throughout all ground disturbing
activities. Once the nature of the construction
activity has been established or perhaps
modified during the site plan review process,
the physical site constraints can be evaluated so
that effective controls can be implemented.
For example, if the controls specified in the
site plan prove to be ineffective, or if changes
occur that were not anticipated during the
planning process, site inspection and
enforcement mechanisms can be required to
mitigate the potential for pollutants to enter a
downstream MS4. In this instance, a perimeter
bamer, such as a temporary diversion dike,
could be used to divert the concentrated runoff
to a pipe slope drain terminating with a level
spreader. The spreader would dissipate the
erosive velocity of the runoff and release it into
an undisturbed area beyond the limits of the
clearing and grading at the toe of the slope.
The proximity and sensitivity of. the
receiving water to which the construction site
discharges is an important consideration. For
construction sites that discharge to receiving
waters mat do not support their designated use
or other waters of special concern, additional
construction site controls are probably
warranted and should be strongly considered.
These receiving waters are identified in the Part
1 municipal NPDES storm water permit
application [§12126(d)(l)(i)(Q].
6.3.2.4 Educational Measures for
Construction Site Operators
Construction site operators often need
training and education about the sources,
control, and impacts of pollutants in runoff
from construction sites (see Virginia, 1988).
Therefore, applicants must describe examples
of informational materials and activities to be
used in education programs.
S122J«dX2)(iTKDXfi. (The program for
construction sites must Include •) description
of appropriate educational and training
measures for construction ntt operators.
Implementation and enforcement of erosion
and sediment controls have historically been
major problems even with many programs that
may be otherwise exemplary. Therefore,
technical information on how to incorporate
storm water management with erosion and
sediment control and other BMP training
courses are recommended for municipal
employees and construction site operators.
Training on the available alternatives will help
operators recognize and correct problems
promptly. Tools for such training include
videos, workshops, seminars, and
demonstrations or field trips
6-15
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Proposed Miiwgement Program
An acceptable program must include a
training program, which should be
supplemented by a certification program for all
construction site operators (contractors and
developers* plan reviewers, and inspectors that
work on sites that discharge to a MS4 For
example, one NPDES State has a certification
program based on adequate training and
minimum-competency level testing of aJl
pnvate individuals involved in the preparation
and implementation of erosion and sediment
control plans
6.3.3 Program to Control Pollutants in
Storm Water Discharges from Wafte
Handling Sites and from Industrial
Facilities
§122.26
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Proposed Management Program
Characterization data should also be
evaluated. Applicants should analyze
quantitative data from representative outfalls to
establish a monitoring and control program.
An integral part of this requirement is the
adequacy of the applicant's legal authority. If
a municipality believes that a discharge of
storm water associated with industrial activity
violates the industrial facility's NPDES permit
limits, but the municipality does not have
authority over the discharge, the municipality
should contact the NPDES permitting authority
for appropriate action. Examples of possible
actions by the NPDES permitting authority are-
• For a facility that already has a NPDES
individual permit, the permit may be
reopened and further controls imposed,
• For a facility covered by a NPDES
general permit, an individual site-
specific permit application may be
required, or
• For a facility not covered by a NPDES
storm water permit, a permit may be
required
The municipality is ultimately responsible
for discharges from their MS4. Consequently,
the proposed storm water management
program should describe how the municipality
will help EPA and authorized NPDES States
• Identify priority industries discharging
to their systems,
• Review and evaluate storm water
pollution prevention plans and other
procedures that industrial facilities
must develop under general or
individual permits;
• Establish and implement BMPs to
reduce pollutants from these industrial
facilities (or require industry to
implement theml, and
• Inspect and monitor industrial facilities
to verify that the industries discharging
storm water to the municipal systems
are in compliance with their NPDES
storm water permit, if required
63.3.1 Identifying Priorities
Proposed management programs must
dearly identify priority industrial facilities.
§122J6(d)(2)(iv)(Q(I). (The applicant must]
identify priorities and procedures for
inspections and estabbsning and
implementing control measures for such
discharges
This section discusses how applicants might
identify priority facilities Section 6.3.3.2
discusses how municipalities might develop
procedures for inspections and implementation
of control measures
At a minimum, priority facilities include:
• Operating and closed municipal
landfills;
• Hazardous waste treatment, disposal or
recovery facilities, and
• Facilities subject to SARA Title III
Municipalities must identify these and
other priority industrial facilities and describe
the criteria used to identify them For example,
information from the Toxics Release Inventory
is one source a municipality could use to
identify industrial facilities subject to SARA
Title ID. Other sources may include CWA
Section 205 or 208 use-attainability studies,
other studies that indicate a site-specific
beneficial use impairment immediately
downstream of a storm water outfall, or
records of industrial pretreatment programs or
other permit programs that identify facilities
that may be the source of a use impairment or
-------
Proposed Management Program
a major contribution of pollutants The
program should also describe procedures for
modilying the inventory of priority industries
based on additional evaluation that occurs
throughout the permit term
Applicants may initially focus their
implementation efforts on known pollution
sources The municipality may have
previously identified these sources, or they
may be identified through existing information
compiled during the permit application
process However, the initial management
program implementation strategy should be
based on information gathered while
completing the Adequate Legal Authority, Source
Identification, and Discharge Characterization
sections of the permit application (See Chapters
3, 4, and 5, respectively )
During the term of the permit, as additional
information becomes available, the municipality
should target and set priorities for other
program elements that emerge. For example, if
the municipality has incomplete character-
ization data about waste handling sites
identified in thus program component because
the inventory of dischargers to the MS4 has not
been completed, the municipality could
propose to direct monitonng programs to those
areas Upon acquiring sufficient
characterization data, the priority of the sites
discharging to these portions of the MS4 can be
either determined or modified
As noted above, when identifying priority
sites, applicants must consider all the facilities
listed in §1222Wd)(2>(iv)(C)U). When
municipality develop criteria for identifying
additional pnonr\ industrial facilities, they are
advised to consider, at a minimum'
• The type of industrial activity (SIC
codes can help characterize the type of
industrial activity),
• The use and management of chemicals
or ra\\ products at the facility and the
likelihood that storm water discharge
from the bite will be contaminated; and
• The size and location of the facility in
relation to sensitive watersheds
6.3.3.2 Developing Procedures
This program component should describe
the specific steps that the municipality will take
if it identifies a waste handling site or priority
industrial facility when preparing the Part 2
application or during the permit term
l§122.26(d)(2)(iv)(C)(l), printed in the box
above]. The proposed management program
must include procedures for inspecting priority
industrial sites. The results of inspection may
be used as a basis for requiring storm water
management controls and enhanced pollution
prevention measures. It should also establish
an inspection schedule for each priority facility
at the time it is identified
Applicants may want to consider
establishing prior notification procedures The
applicant will need to evaluate the legal
authority it has over priority facilities to
determine if prior notification is required This
is another example of how EPA expects the
different components of the application process
to be linked In this instance, the Adequate
Legal Authority section is bed directly to the
prior notification procedure of the mspecbon
and evaluation component of the proposed
management plan
Applicants also should consider developing
inspection documents such as standard forms
or checklists for recording observations Forms
and checklists can be used to identify high risk
areas of priority facilities and to make
comparisons among sites When character-
ization data or baseline estimates are factored
into the evaluation process, the effectiveness of
pollution prevention activities at a particular
site could be quantified and compared to
similar sites Other procedures that applicants
should describe to effectively incorporate
inspections as well as establish and implement
control measures for these types of discharges
can be derived from monitoring data
6-18
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Proposed Management Program
Applicanb also should describe a
procedure for conducting follow-up
inspections, where necessary, as part of this
program component For example, follow-up
inspections might be needed to verify the
installation of a specific control or
implementation of a practice specified m a
negotiated agreement between the municipality
and the industrial site A system-wide
approach to establishing priorities for
inspection procedures is recommended. The
system-wide approach should begin with the
evaluation of existing information, followed by
the identification and evaluation of new
information during the permit term. Therefore,
applicants should link these procedures with
information from the Source Identification and
Discharge Characterization components
6.3.3.3 Establishing and Implementing
Controls
A municipality must consider if it should
place more stringent controls on discharges
associated with industrial activity than are
required in an industrial facility's existing
NPDES storm water permit IS122 26(d)(2)(iv)
(CHI) printed in box abovel Usually, the
municipality will not need to impose controls
beyond those required in the industrial
facility's NPDES storm water permit (for more
information on appropriate controls, refer to
Storm Water Management for Industrial Activities.
Developing Pollution Prci'ention Plans and Best
MMiasemcnl Practices, EPA 832-R-92-006,
September. 1Q92)
Houever, nothing in the Federal
regulations would prohibit the municipality
from requiring additional controls beyond the
permit requirements for industrial activities
For this reason, EPA recommends that
municipal applicants incorporate a provision in
the proposed storm water management
program that allow s the municipality to require
pnonts industrial lacihties to implement the
controls necessary for the municipality to meet
il- permit re:^ponsibilibes
Finally, the applicant should suggest
procedures for requiring pollutant control
measures in runoff from priority industrial
facilities Applicants should provide
information to the industrial facilities that
discharge to the MS4s and industry-specific
guidance on appropriate control measures that
industries discharging to their systems should
follow (WDOE, 1991).
Priority industrial facilities should focus on
controlling activities such as the use, storage,
and handling of toxic chemicals Standard
methods for implementing control measures at
different types of facilities should be described
To facilitate this, municipalities should obtain
copies of the pollution prevention plans
developed by industrial permittees Control
measures that the municipality may suggest
include preventing exposure of pollutant
sources to precipitation, on-sile prerreatment,
and oil/water separators Applicants should
provide a schedule for setting up this program
component at priority industrial facilities. The
schedule should include educational services
for industrial site operators and technical BMP
guidance, training courses, videos, workshops,
and seminars for plan reviewers, inspectors,
contractors, and developers
6.3.3.4 Inspection and Monitoring
The proposed management program should
describe the inspection procedures that will be
followed Storm water inspections can be
coupled with inspections for other purposes
(e.g., prerreatment programs, fire and safety)
Proposed management programs should
address minimum frequency for routine
inspections. For example, how often, how
much of the site, and how long an inspection
may take are appropriate to explain in this
proposed management program component
Applicants should also describe procedures for
conducting inspections and provide an
inspector's checklist
In addition these inspection procedures
should identify the minimum number of
inspectors that will be employed and describe
-------
Proposed Management Program
the programs to train them For example, if the
number of inspectors is expected to increase
over the term of the permit, it should be noted
in the proposed management program. Also,
if storm water inspections are combined with
other program inspections, means of cross-
training inspectors and coordinating schedules
should be outlined
Municipalities are urged to evaluate
pollution prevention plans and discharge
monitoring data collected by the industrial
facility to ensure that the facility is in
compliance with its NPDES storm water
permit Site inspections should include (1) an
evaluation of the pollution prevention plan and
any other pertinent documents, and (2) an on-
site visual inspection of the facility to evaluate
the potential for discharges of contaminated
storm water from the site and to assess the
effectiveness of the pollution prevention plan.
A municipality could begin the inspection
process with information from the facility's
notification to the municipality, which should
have been submitted by May 15, 1991.
Industrial facilities must also submit an
individual NPDES permit application,
participate in a group storm water permit
application, or file a Notice of Intent (NOD to
be covered by a general permit to the NPDES
permitting authority Section 308 of the CWA
provides the legaJ authority for any individual
(including a municipality) to obtain information
from the NPDES permitting authority
The proposed management program also
must include a description of a monitoring
program for storm water discharges associated
with industrial facilities |§122.26(d)(2)(iv)(C)(2)|
The monitoring program should describe
the framework and rationale for selecting
monitoring sites Sites that may be appropriate
for morulormg include locations with several
upstream industrial facilities, industrial
facilities, that are representative of a significant
number of similar facilities, and priority
industrial sites- with significant potential for
high le\els of pollutanb in Lheir storm water
discharges The description of the proposed
§122J6(d)(2)(iv)(O(2) [The application must
describe) a monitoring program for storm
water discharges associated with the
industrial facilities identified in paragraph
(d)(2)(iv)(C) of this section, to be
implemented during the term of the permit,
including the submission of qualitative data
on the following constituents any pollutants
limited in effluent guidelines subcategones,
'where applicable; any pollutant listed in an
existing NPDES permit for a faculty; oil and
grease, COD, pH, BOD,, TSS, total
phosphorus, total Kjeldahl nitrogen, nitrate
plus nitrite nitrogen, and any information on
discharges required under 40 CFR
122.21(gX7)Oii) and (iv).
monitoring program should address how the
monitoring data will be used and' what the
frequency of the monitoring will be.
Identifying who will actually conduct the
monitoring (e g, industry or municipality) is
appropriate to include in the program
description. Linking this element of the
monitoring program to the Adequate Legal
Authority section of the permit application is
vital The legal authority to require monitoring
should prescribe the specific monitoring
protocols required elsewhere in the regulation
[§122 26(d)(2)(i)(F)]. Applicants should describe
proposed procedures for monitoring industrial
facilities, including methods for determining
parameters to be sampled throughout the term
of the permit At a minimum, parameters that
must be considered for monitoring include
• Any pollutant limited in effluent
limitations guidelines for the
subcategory of industry;
• Any pollutant that is controlled in a
NPDES permit for the process
discharge from an industrial site,
• Oil and grease, COD, pH, BOD^ TSS,
total phosphorus, total Kjeldahl
nitrogen, nitrate plus nitrite nitrogen;
and
6-20
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Proposed Management Program
• Certain pollutant(s) known or
suspected to be in the discharge, based
on §12221(g)(7)(m) and (iv) (Section
53).
If a municipality believes (based on the
results of monitoring and inspections) that an
industrial facility is not meeting its NPDES
permit requirements, the municipality should
petition the NPDES authority to either require
the facility to change its pollution prevention
plan or institute an enforcement action.
Municipalities may also file citizen suits under
CWA Section 505 to enforce the conditions of
the NPDES permit.
6.4 STRUCTURAL CONTROLS
6.4.1 Description of Structural Controls
Applicants are required to identify the
location of major structural controls for storm
water (retention basins, detention basins, major
infiltration devices, etc) in Part 1 of the
application [§122 26(d)(l)(in)(B)(5)] In Part 2,
applicants must describe additional controls
that thev plan to implement (§122 26(d)(2)(iv)]
The controls must address the activities
described in Section 63 In addition, the
applicant must describe maintenance
procedures I§122 26(d)(2)(iv)(A)(2), discussed in
Section 642) Later, when the municipality
submits its annual report, it will have to report
on its progress in implementing these controls
[§12242(cKD, discussed in Section 7.3 of this
guidance!
The matrix in Exhibit 6-3 provides
information on commonly used structural and
source control BMPs. Structural practices to
control urban storm water runoff rely on three
basic mechanisms detention, infiltration, and
filtration More detailed technical information
about source controls (particularly in the
selection of structural BMPs) is available in the
technical BMP manuals (MWCOG, 1991,
Schueler, 1987, WDOE 1991; and EPA 1990c)
The following summary of structural and
source control BMPs draws extensively from
those manuals
Applicants should note that CWA Section
404 permits may be required for some
structural controls, including any control
projects that involve the discharge of dredged
or fill material into waters of the United States,
including wetlands. States may also require
permits that address water quality and
quantity. To the extent possible, municipalities
should avoid locating structural controls in
natural wetlands. Before considering siting of
controls in a natural wetland, the municipality
should demonstrate that it is not possible or
practicable to construct them in sires that do
not contain natural wetlands, and that the use
of other nonstrucrural or source controls are
not practicable or as effective. In addition,
impacts to wetlands should be minimized by
identifying those wetlands that are severely
degraded or that depend on runoff as the
primary water source. Moreover, natural
wetlands should only be used in conjunction
with other practices, so that the wetland serves
a "final polishing" function (usually targeting
reduction of primary nutrients and sediments).
Finally, practices should be used that settle
solids, regulate flow, and remove contaminants
prior to discharging storm water into a
wetland
Another concern for siting controls is the
possible adverse effect that infiltration and
detention controls may have on ground water.
This issue is addressed in more detail in
Section 7.2.3
6-21
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Exhibit 6-3
Structural Controls Matrix
CONTROL AND
MAINTFNANCE
REQUIREMENTS
ADVANTAGES
DISADVANTAGES
Extended Detention Dry Basin
• Periodic mowing
• Regular debris removal
• Sediment removal annually
Provides peak, flow control
Po^ible to provide good particul.ite<; removal
Can serve large development
Requires less capital cost and land area when
compared to wet basin
Does not usually release wanned or oxygen-
depleted water downstream
Protects against downstream channel erosion
Can create valuable wetland and meadow habitat
when properly landscaped
Low removal rates for soluble pollutants
Generally not feasible for drainage areas less
than 10 acres
If not adequately maintained, can become a
nuisance; (becomes unsightly, breeds mosquitos,
and creates undesirable odors)
Periodic mowing and maintenance can be
detrimental to nesting birds or other animals
inhabiting the area
Vegetative Filter Strip
• Inspection
• Fertilizer use if necessary to
maintain stable vegetation
Low maintenance requirements
Can be used as part of the runoff conveyance
system to provide pretreatment
Can reduce parbculate pollutant levels in areas
where runoff velocity is low to moderate
Enhances urban wildlife habitat diversity
Economical
May concentrate water, significantly reducing
effectiveness
Soluble pollutant removal highly variable
Limited feasibility in highly urbanized areas
where runoff velocities are high and flow is
concentrated
Requires periodic repair, regrading, and
sediment removal to prevent channelization
Maintenance can be detrimental to nesting birds
or other animals inhabiting the area
Fertilizer use can lead to higher nutrient loadings
in storm water runoff
Grassed Swale
• Periodic mowing
• Fertilizer use if necessary to
maintain stable vegetation
Requires minimal land area
Can be used as part of the runoff conveyance
system to provide prerrearment
Can provide sufficient runoff control to replace
curb and gutter in single-family residential
subdivisions and on highway medians
Economical and aesthetically pleasing
Low pollutant removal rates
Leaching from culverts and fertilized lawns may
actually increase the presence of trace metals and
nutrients
Fertilizer use can lead to higher nutrient loadings
in storm water runoff
6-22
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Exhibit 6-3 (continued)
Structural Controls Matrix
CONTROL AND
MAINTENANCE
REQUIREMENTS
ADVANTAGES
DISADVANTAGES
Porous Pavement
• Routine removal of fine
parhcles from surface
• May need weight limit of
traffic imposed for protection
Provides ground water recharge
Provides water quality control without additional
consumption of land
Can provide peak flow control
High removal rales for sediment, nutrients, organic
matter, and trace metals
When operating properly can replicate pre-
development hydrologic conditions
Eliminates the need for storm water drainage,
conveyance, and treatment systems off-site
Requires regular maintenance
Possible risks of ground water contamination
Only feasible where soil is permeable, of
sufficient depth to bedrock and water table, and
gentle slopes are present
Not suitable for areas with high traffic volume or
heavy vehicles
Need extensive feasibility tesfs, inspections, and
very high level of construction workmanship
High failure rate due to dogging
Not suitable to serve large offsite pervious areas
Limited use in snowy climates where sanding
and salting operations occur
Concrete Grid Pavement
• Periodic mowing, if planted
Provides peak flow control
Provides ground water recharge
Provides water quality control without additional
consumption of land
Requires regular maintenance
Not suitable for area with high traffic volume
Possible risk of contaminating ground water
Only feasible where soil is permeable, of
sufficient depth to bedrock and water table, and
gentle slopes are present
Filtration Basin
• Periodic vacuuming and
power washing
Ability to accommodate moderately large-sized
development (3-80 acres)
Flexibility to provide or not provide ground water
recharge
Can provide peak volume control
Requires pretreatmcnt of storm water through
sedimentation to prevent filter media from
premature dogging
6-23
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Exhibit 6-3 (continued)
Structural Controls Matrix
CONTROL AND
MAINTENANCE
REQUIREMENTS
ADVANTAGES
DISADVANTAGES
Wet Retention Basin
• Periodic dredging, preferably
from forehay area, if
properly designed
• Mowing of impoundment to
prevent successions! growth
Provides peak flow control
Can serve Jarge developments; most effective for
large, intensively developed sites
Enhances species diversity, aesthetics, and provides
recreational benefits
Little ground water discharge
Permanent pool in wet ponds helps prevent scour
and resuspension of sediments
Provides moderate to high removal of both
particulate and soluble pollutants
Generally not feasible For drainage area less than
10 acres
Potential for safety and liability issues if not
properly built and maintained
If not adequately maintained, can become a
nuisance; (becomes unsightly, breeds mosquitos,
and creates undesirable odors)
Requires considerable space, which limits use in
densely urbanized areas with expensive land and
property values
Not suitable for hydrologic soil groups "A" and
"B" (SCS classification)
Potential for thermal discharge and oxygen
depletion, which may severely impact
downstream aquatic life
Extended Detention Wet Basin
• Periodic dredging of
sediment forebay
Provides peak flow control
Can serve large developments; most effective for
large, intensively developed sites
Enhances species diversity, aesthetics, and provides
recreational benefits
Permanent pool in wet ponds helps prevent scour
and resuspension of sediments
Provides better nutrient removal than traditional
wet basin
Not feasible for drainage area less than 10 acres
Potential for safety and liability issues if not
properly buQt and maintained
If not adequately maintained, can become a
nuisance; (becomes unsightly, breeds mosquitoes,
and creates undesirable odors)
Requires considerable space, which limits use in
densely urbanized areas with expensive land and
property values
Not suitable for hydrologic soil groups "A" and
"B" (SCS classification)
Potential for thermal discharge and oxygen
depletion, which may severely impact
downstream aquatic life
Sources Modified from IvTWCOG, 1991, Schueler 1987, and WDOE, 1«J91
6-24
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Proposed Management Program
6.4.1.1 Detention Controls
Detention controls temporarily store storm
water runoff to control peak runoff rates and
provide a reduction in pollutant concentrations
by the gravitational settling of suspended solids
and associated contaminants Except for
incidental losses due to evaporation or
percolation, essentially all the detained water is
subsequently discharged to a surface water
conveyance (e.g., a stream or MS4). The most
common examples of detention practices are
extended detention basins and wet (retention)
basins
Variations on these basic detention controls
include constructed storm water wetlands and
m ul hple pond systems These types of controls
also rely on detaining flows (leading to
sedimentation) as the primary means of
pollutant removal Recent investigations
suggest that wetlands vegetation within a
detention control can also reduce nutrient loads
and certain other pollutants by incorporating
them into plant tissue
If properly designed, detention controls can
protect downstream channels by reducing the
frequency ol bankfull flood events and
associated erosion Reduction in velocity and
sediment load is also important for minimizing
the adverse impacts of discharges to MS4s
Detention facilities also can provide terrestrial
and aquatic wildlife habitat if they are
landscaped and planted appropriately
When considering detention controls, the
municipality should consider the potential
negative ehects of downstream warming that
may be caused by the shallowness of the water
in the control The municipality should also
consider negative impacts of detention controls,
such as reduced baseflow; bacterial
contamination due to waterfowl, and potential
impacb to wildlife from concentrated
contaminants, waterfowl diseases, and
maintenance practices Safety and liability
issues and nuisance factors, such as mosquitoes
and odor, also should be considered. Setting
detention controls in sensitive floodplains or in
existing wetlands should generally be avoided.
The flooding effect of impounding and
detaining water is a particular concern if the
upstream watershed drains more than 2150
acres, because the volume of runoff and
required detention times can cause inundation
of upstream channels to occur.
Detention controls incorporating multiple
pond systems and/or constructed storm water
wetlands also treat runoff through the
processes of absorption, filtration, biological
uptake, volatilization, precipitation, and
microbial decomposition. Recent investigations
by the Metropolitan Washington Council of
Governments suggest that multiple pond
systems, in particular, have shown potential to
provide higher and more consistent levels of
treatment than traditional detention controls
The redundancy afforded by the multiple pond
system generally increases the reliability of the
control. However, the potential concerns and
drawbacks affecting retention basins also apply
to these systems Many of these systems are
currently being designed to include vegetative
buffers and deep waler areas to enhance
wildlife habitat and to improve the appearance
of the facility If a municipality selects one of
these more innovative designs, it should
recognize that periodic maintenance is
necessary The effectiveness of these controls,
like most controls, depends on proper
operation, maintenance, and monitoring of the
entire system
Wet (Retention) Basins
Wet (retention) basins are designed to
maintain a permanent pool of water and
temporarily store storm water runoff until it is
released at a controlled rate Unlike extended
detention ponds, wet basins cannot detain
runoff for long times, because most of their
storage capacity is needed for holding the
permanent pool Enhanced designs include a
forebay to trap incoming sediment where it can
be easily removed A fringe wetland also can
be established around the perimeter of the
basin Similar to detention controls, locating
6-25
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Proposed Management Program
retention basins in sensitive floodplains or
existing wetlands should be avoided if possible
Extended Detention Basins
Extended detention basins temporarily
detain a portion of storm water runoff for 24 to
48 hours after a storm, gradually releasing the
stored water through a fixed opening to allow
urban pollutants to settle ouL The basins
normally return to a "dry" condition between
storm events and do not have any permanent
standing water. These basins are typically
composed of two stages: an upper stage, which
remains dry except during larger storms, and a
lower stage, which is designed for typical
storms. Pollutant removal from extended
detention basins can be enhanced if they are
equipped with plunge pools near the inlet, a
micropool at the outlet, and an adjustable
reverse-sloped pipe as the extended detention
control device.
Water Quality Inlets
Water quality inlets (also referred to as
catch basins) are small underground systems
that, like retention basins, rely on settling to
remove pollutants before discharging water to
the MS4. Several designs of water quality
inlets exist. In their simplest form, catch basins
are single-chambered storm water inlets with
the bottom lowered to provide 2 to 4 feet of
additional space between the outlet pipe and
the bottom of the structure for collection of
trash and sediment. Some water quality inlets
include a second chamber with a sand filter to
provide additional removal by filtration The
first chamber provides effective removal of
coarse particles and helps prevent premature
clogging of the filter media.
Water quality inlets may include an oil/gnt
separator. There are 3 basic types of oil/gnt
separators the spill control (SC), the coalescing
plate interceptor (CPI), and a design credited to
the American Petroleum Institute (APD. Most
of the oil /gnt separators that are promoted for
use in reducing hydrocarbon loads in storm
water are a modification of the API design.
although there are appropriate applications for
all three separator designs. Oil/grit separators
based on the API design consist of three
chambers. The first chamber removes coarse
material and debris. The second chamber
provides separation of oil, grease, and gasoline
from the storm water runoff; and the third
chamber provides a safety relief should a
blockage occur.
Recent experiences have shown that,
because of their volume limitations, oil /grit
separators have limited pollutant removal
effectiveness. They are perhaps the best
example of a structural control that is only
effective with frequent maintenance. Proper
disposal of die standing water, trapped
sediments, and floating hydrocarbons are
problems in the few locations that have been
studied.
Constructed Storm Water Wetlands
Constructed storm water wetlands are a
hybrid, drawing on elements of detention and
retention basins. Constructed storm water
wetlands are shallow pools and are often
designed to simulate the pollutant removal
functions of natural wetlands. Enhanced
designs may include a sediment forebay,
carefully contoured topography, and multiple
species of wetland plants. Constructed storm
water wetlands, while a promising technology
for pollutant removal from storm water, may
not replicate all the ecological functions of
natural wetlands.
6.4.1.2 Infiltration Controls
Infiltration controls rely chiefly on
absorption to treat storm water discharges. In
the ideal case, storm water percolates through
a porous medium and into native soils where
filtration and biological action remove
pollutants Typical controls of this type include
infiltration trenches, infiltration basins, filtration
basins, porous pavement, and concrete or block
pavers. Systems that rely on soil absorption
work best in deep, highly permeable soils that
6-26
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Proposed Management Program
are at least four feet away from the seasonal
ground-water table.
The Soil Conservation Service (SCS)
classifies soils into four major soil groups A-D.
The soil groups are as follows:
Group A: Sand, loamy sand
Group B: Sandy loam, loam
Group C: Silt loam, sandy clay loam
Group D: Clay loam, silty day loam, sandy
clay, silty day, and day
Soils in Group A provide the highest
infiltration rate while soils in Group D provide
the lowest Suitable soils for infiltration-type
controls typically fall in soil groups A and B.
Other types of soils may be suitable, provided^
the clay content does not exceed 30 percent
(clay has very low hydraulic conductivity).
The clay content of soil may be determined
from the SCS soil textural triangle, which can
be found in many civil engineering references
texts
If suitable soils are available, the
widespread use of infiltration in a watershed
can be useful in helping to maintain, restore, or
replicate pre-development hydrology. Specific
benefits of infiltration often include increased
dry-weather baseflow in streams and a
reduction in the frequency of bankfull floods.
However, infiltration systems are not
recommended unless soil conditions warrant.
Also, infiltration should not be used where
ground water requires protection. For
example, the use of infiltration-type controls
may not be appropriate in areas that recharge
sole source aquifers.
Infiltration Basins
Infiltration basins are areas that intercept
incoming storm water runoff and temporarily
blore it until it gradually infiltrates into the soil
surrounding the basin. Infiltration basins
should be designed to control drainage areas
ranging from about 5 to 50 acres. They also
should drajn within 4S to 72 hours to maintain
aerobic conditions favoring bacteria that aid in
pollutant removal, and to ensure that the basin
is ready to receive the next storm The runoff
entering the basin is usually pretreated to
remove coarse sediment that may clog the
surface soil pores on the basin floor.
Concentrated runoff may flow through a
sediment trap or by sheet flow (vegetative filter
strip).
Infiltration Trenches
Infiltration trenches are shallow (e.g., 2 to
10 feet deep) excavated ditches or vaults that
have been backfilled with a coarse stone
aggregate. The aggregate forms an under-
ground reservoir that has approximately 40
percent void space. Storm water runoff
diverted into the trench gradually infiltrates
from the bottom of the trench into the subsoil
and eventually into the ground water.
Variations in the design of infiltration trenches
include dry wells and percolation pits that are
designed to control small volumes of runoff,
such as the runoff from a rooftop A more
complex variation is the enhanced infiltration
trench, which is equipped with filter fabric or
a more extensive pretreatment system to
remove sediment and oil. Depending on the
quality of the runoff, pretreatment may be
necessary to lower the failure rate of the trench.
Infiltration trenches are generally best suited
for drainage areas of less than 10 acres They
are particularly applicable for use on residential
lots, small commercial areas, down slope from
parking lots, and under drainage swales.
Grassed Swales
A grassed swale is an infiltration method
that is usually used as a form of pretreatment
before discharging runoff to another storm
water control device (e.g., a detention basin)
However, the grassed swale itself is a control
that can remove significant amounts of
pollutants through sediment entramment A
grassed swale is a shallow, vegetated, man-
made ditch with the bottom elevation above
the water table to allow runoff to infiltrate into
the ground water. The vegetation helps to
6-27
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Proposed Management Program
prevent erosion, filters sediment, and allows for
some uptake of nutrients.
Porous Pavement
Porous pavement, which is basically
traditional asphalt aggregate without the fine
particles, is an alternative to conventional
pavement. Proper design and application of
this control can reduce or eliminate the need
for curbs and gutters, storm drains and sewers,
and offside controls. Instead, runoff is diverted
through a porous asphalt layer into an
underground stone reservoir. The stored
runoff gradually exfiltrates out of the stone
reservoir into the subsoil. Soil considerations
are important when evaluating the
appropriateness of this control. Generally,
grades should be gentle, and subsoil should be
at least 3 feet thick (to bedrock) and moderately
permeable (capable of infiltrating about one
half inch per hour). Because porous pavement
tends to clog with fine sediments and because
it loses its effectiveness under heavy loads, its
application should generally be limited to low-
traffic areas (e g., overflow parking areas) and
areas that are not exposed to large bearing
loads caused by heavy vehicles
Concrete Grid Pavement
Concrete grid pavement has concrete blocks
with regularly interdispersed void areas that
are filled with pervious materials, such as
gravel, sand, or grass The blocks are typically
placed on a sand or gravel base. They are
usually designed to provide a load-bearing
surface adequate for supporting vehicles, while
allowing infiltration of surface water into the
underlying soil
6.4.1.3 Filtration Controls
Filtration controls treat storm water flows
by using vegetation or sand to filter and settle
pollutants Generally, these controls are most
effective before the flows become concentrated
of
concentrated flows and distribute the runofl
evenly across the filler stnp Vegetative filter
strips are often used as pretreatment for other
structural practices, such as infiltration
trenches Leaving a buffer of natural
vegetation along an urban stream valley is an
example of a vegetative filter stnp and also an
example of a non structural control
Filtration Basins
Filtration basins are usually small
impoundments lined with filter media, such as
sand or gravel Storm water drains through
the filter media and perforated pipes into the
subsoil For optimal pollutant removal,
recommended detention times range from 24 to
48 hours with a maximum drainage area of
about 50 acres Grassed swales or other
structural controls can be used to filter coarse
sediments and thereb} minimize clogging of
the filter medium
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Proposed Management Program
6.4.2 Maintenance Activities
After summarizing the location of major
structural slorm water controls, applicants must
submit a description of maintenance activities
and a maintenance schedule for structural
controls to reduce pollutants.
§122.26{d){2)(iv)(A)(7) [The application must
include a) description of maintenance
activities and a maintenance schedule for
structural controls to reduce pollutants
(including floatables) in discharges from
municipal separate storm sewers.
Typical maintenance requirements include:
• Inspection of basins and ponds after
every major storm for the first few
months after construction and annually
thereafter,
• Mowing of grass filter strips and swales
at the frequency necessary to prevent
woody growth and promote dense
vegetation,
• Regular removal of litter and debns
from dry ponds, forebays, and water
quality inlets,
• Periodic stabilization and revegetanon
of eroded areas,
• Periodic removal and replacement of
filter media from infiltration trenches
and nitration ponds,
• Deep tailing of infiltration basins to
maintain intiltrative capability, and
• Frequent vacuuming or jet hosing of
porous pavement or concrete grid
pavements
Lack of maintenance often limits the
eilec to verier ol storm \\ater structural controls
such a> detention /retention basins and
infiltration devices. Maintenance programs
should address measures for catch basins and
drainage channels in addition to major
structural controls
The proposed program should provide for
maintenance logs and identify specific
maintenance activities for each class of control,
such as removing sediment from retention
ponds every five years, cleaning catch basins
annually, and removing litter from channels
twice a year. If maintenance activities are
scheduled infrequently, inspections must be
scheduled to ensure that the control is
operating adequately. In cases where
scheduled maintenance is not appropriate,
maintenance should be based on inspections of
the control structure or frequency of storm
events If maintenance depends on the results
of inspections or if it occurs infrequently, the
applicant must provide an inspection schedule.
The applicant should also identify the
municipal department(s) responsible for the
maintenance program.
Municipalities should use caution in
adopting controls that do not have sufficient
history of use for their performance
characteristics and maintenance requirements
to be adequately evaluated A good example is
the oil/grit separator used on small commercial
or retail sites Some municipal!bes have
required the use of these technologies, but due
to poor performance, municipalities have often
rescinded the requirement. In these cases, it is
not clear whether the control technology was
ineffective or the maintenance program was
flawed
Because maintenance is critical to successful
program implementation, it must be considered
throughout the term of the permit Applicants
may wish to develop a matrix that identifies
maintenance tasks on a timeline indicating
criteria for inspection, repair, and replacement
PERT charts, GANT charts, or other critical
path analyses (available for personal
computers) can help organize a maintenance
program and schedule. For a summarized
6-29
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Proposed Management Program
listing of appropriate maintenance actmbes
and schedules refer to the matrix in Exhibit 6-3.
6.4.3 Considerations for
Siting Controls
Planning and
The storm water management program
should describe the criteria used to identify
that a particular structural control is warranted
and the circumstances under which it will be
required. The possibilities for new control sites
should be evaluated for their storm water
quality control potential. " Guidelines and
performance standards that identify specific
structural controls for new development should
be proposed in the procedures for new
development. From this evaluation, priorities
based on the feasibility of implementing a
particular control at a given location can be
determined.
6.4.3.1 Use of Municipal Lands
Applicants should discuss existing major
structural controls and sites that have the
potential for new structural controls which
could be installed on municipal lands and other
major nghts-of-way (e g, major roads and
highways) Note that existing controls are
identified in Part 1 applications l(§12226(d)
(l)(in)(B)(5)] The location of publicly owned
parks, recreational areas, and other open areas
are also identified |§12226(d)(l)(iu){6;]
To determine what storm water quality
controls are necessary for public lands and
facilities, current activities a'nd functions that
may affect the quality of storm water
discharges should be identified Such activities
and functions include parks, trails, and other
recreational land uses, road maintenance and
snow management, and storage and repair
yards/shops for municipal vehides An
inventory of public land uses may be necessary
to help make determinations of what controls
are needed An effective inventory' should
involve coordination among all of the local
departments and agencies that have authority
over the use of public lands and faciJihes
Opportunities for controlling storm water
quality problems that are identified through the
inventory process can be evaluated on a site-
speafic basis and included in the proposed
management program
There are several benefits to the
establishment of structural controls on
municipal lands:
• Municipal lands often provide greater
retrofit opportunities because they
typically do not require additional
property purchases;
• Municipal lands ensure opportunities to
provide future maintenance and
security in preservation of the retrofit
control,
• Applicants may be able to adapt
existing municipal functions (such as
industrial pretreatment program
implementation, fire-safety inspections,
and flood-control activities) to address
storm water quality concerns
(Expanding their mission to address
storm water concerns may be more
cost-effective than initiating entirely
new programs.),
• Applicants may be able to adapt
functions of development on municipal
lands (such as planning, zoning, and
construction oversight functions), and
• After considering controls on municipal
lands, the applicant will be in a better
position to address the private land
under its jurisdiction
As a precaution, however, applicants need to
consider potenbal conflicts arising over the
multiple use of public lands Criteria other
than land ownership (eg, locating controls
downstream of developed areas) also should be
considered when deeding where to locate
storm water runoff controls
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Proposed Management Program
6.4.3.2 Use of Private Lands
A municipality aho may incorporate storm
water quality controls into its land use plan to
indicate controls that may be necessary for new
development Some of the best opportunities
to prevent pollution and to implement effective
storm water quality controls occur during
development Local governments typically
play a strong role in overseeing new
development and have, or can adapt,
administrative infrastructure to address storm
water quality concerns.
The storm water management process
should begin with land use planning and
zoning and continue through the development
and redevelopment processes. Municipalities
generally can obtain commitments from land
developers more easily prior to relinquishing
junsdictional leverage over the parcel where
the potential control is to be located Leverage
can be achieved through plan approval or
zoning changes The negotiation process for
the dedication, condemnation, or other
acquisition of land and the process for getting
the land developer to construct or otherwise
implement controls will varv dramatically
among municipalities, particularly among those
in different Stales
Source and structural controls are most
cost-eftective when development is planned
with storm water quality controls in mind
However, it is probably more appropriate for
the municipality to propose a flexible plan that
specifies a variety of program objectives
through the development process rather than
identifying a certain priority and rigid
schedule Other benefits of early and flexible
planning include ecological diversity, wetlands
preservation, and the creation of controls that
also function as amenities Comprehensive
land use plan> zoning ordinances, and
subdivision ordinances are important
mechanisms to implement these controls early
in the development process Consideration of
storm v\ater quality during pre-development is
one ot the most eltecb\e ways to implement
controls This is because the maximum
flexibility (and opportunity) to incorporate
BMPs exists prior to final land use decisions
and construction activities (see Section 6.3 1 1)
6.4.3.3 Siting Considerations
Imperviousness
The degree of imperviousness affects the
concentration of pollutants in storm water,
which in turn affects the type of structural
controls that may be necessary. As the
imperviousness of an area increases, the runoff
volume and the pollutant loading increase.
Studies show that runoff from industrial areas,
which generally have a high degree of
imperviousness, can have a wider variety and
greater concentration of pollutants than runoff
from other land uses Recent studies also
indicate that the degree of imperviousness can
be inferred from the level of degradation in
urban receiving streams (For example, see
Schueler 1991 and Klien 1979) Population
projections will not indicate the degree to
which industrial land use will increase unless
planning and zoning information is also
considered
Soil Conditions
Controls designed to infiltrate storm water
will be affected by site specific soil conditions
For example, clay content of the soil and the
antecedent moisture content (degree of soil
saturation at the time of a given storm event)
will strongly influence the effectiveness, and
therefore the applicability, of infiltration
controls for a given location
6.5 PROGRAM AND SCHEDULE TO
DETECT AND REMOVE ILLICIT
DISCHARGES AND IMPROPER
DISPOSAL
NPDES permits for discharges from MS4s
require effective detection and removal from
the MS4 of illicit or improper discharges and
disposal
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Proposed Management Program
§12226(d)(2)(iv)fl3) [The application must
include a] description of a program, including
a schedule, to detect and remove (or require
the discharger to the municipal separate
storm sewer to obtain a separate MPDES
permit for) illicit discharges and improper
disposal into the storm sewer
orders, ordinances, and other legal authoribes
necessary to prevent illicit discharges to the
MS4.
The NURP study concluded that the quality
of urban runoff can be adversely impacted by
illicit connections and illegal dumping. Often,
large amounts of wastes, particularly used oils,
are improperly disposed of in storm sewers.
Elimination of these sources of pollutants
would result in a dramatic improvement in the
quality of storm water discharges from MS4s.
Procedures to eliminate such discharges should
be an important part of the proposed
management program.
The regulator)' requirement cited above is
intended to directly implement the mandate of
Secbon 4Q2(p)(3)(B)(n) of the CWA, which
requires permits for MS4s to effectively
prohibit non-storm water discharges into storm
sewers In certain instances, the most
appropriate action will be for the municipality
to ensure that illicit discharges become covered
by a NPDES permit However, in most cases,
elimination of illicit discharges or improper
dumping is the appropriate focus of this
program component The quality of storm
water runoff from inner-aty core areas,
particularly in older parts of the country,
would benefit most from this component
The applicant should propose a schedule
for implementing this program component
throughout the initial permit term This
schedule should reflect the priorities identified
by the municipality during the application
process and be based on the problems
particular to the specific MS4
6.5.1 Prohibiting Illicit Discharges
The proposed management program must
include a description of inspection procedures,
§l22.26(d)(2)(iv)(B)(l) [The application must
Include a] description of a program, including
inspections, to implement and enforce an
ordinance, orders or similar means to prevent
illicit discharges to the municipal separate
storm sewer system; this program description
shall address all types of illicit discharges,
however the following category of non-storm
water discharges or flows shall be addressed
where such discharges are identified by the
municipality as sources of pollutants to
waters of the United States .... [these sources
en listed in the guidance].
This proposed management program
component also should describe how the
prohibition on illicit discharges will be
implemented and enforced. The description
should include a schedule and allocation of
staff and resources A direct linkage should
exist between this program component and the
adequate legal authority requirements for the
ordinances and orders to effectively implement
the prohibition of illicit discharges
While this program component is required
to prohibit all types of illicit discharges, the
following categories of non-storm water
discharges need only be prohibited by the MS4
when they are identified by the MS4 as sources
of pollutants to waters of the United Slates:
Water line flushing
Landscape irngabon
Diverted stream flows
Rising ground waters
Uncontammated ground water
infiltration |as denned al 40 CFR
35.2005(20)1 to separate storm sewers
Uncontaminated pumped ground water
Discharges from potable water sources
Foundation drains
Air conditioning condensation
Irrigation water
6-32
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Proposed Management Program
Springs
Water from crawl space pumps
Footing drajns
Lawn watering
Individual residential car washing
Flows from riparian habitats and
wetlands
• Dechlonnated swimming pool
discharges
• Street wash water
While EPA does not consider these flows to
be innocuous, they are only regulated by the
storm water program to the extent that they
may be identified as significant sources of
pollutants to waters of the United States under
certain circumstances. If an applicant knows,
for example, that landscape irrigation water
from a particular site flows through and picks
up pesticides or excess nutrients from fertilizer
applications, there may be a reasonable
potential for a storm water discharge to result
in a water quality impact. In such an event,
the applicant should contact the NPDES
permitting authority to request that the
authority order the discharger to the MS4 to
obtain a separate NPDES permit (or in this
case, the discharge could be controlled through
the storm water management program of the
MS4)
The applicant should consider the specific
land use, age, and stage of development in this
program component. For example, one study
in an established metropolitan area found that
60 percent of automobile-related businesses had
improper storm drain connections. While some
of the problems discovered in this study were
the result of improper plumbing or illegal
connections to storm drains, the majority of the
connections were approved b'y the municipality
when they were buill
For problem identification and problem-
solving, a municipality may elect to implement
a follow-up study that traces identified
pollution incidents to their source (e.g , up the
system) A variety of pollutant-tracing
techniques and field screening can be used to
identify illicit discharges
6.5.2 Field Screening
Part 1 of the application requires applicants
to submit the results of field screening studies
to evaluate the possible occurrence of illicit
connections and improper dumping
[§12226(d)(l)(iv)(D)l. Dry weather flows that
were encountered during the initial field
screening were sampled and analyzed. The
analysis was intended to provide information
about illicit connections and improper
dumping.
In Part 2, applicants are required to
propose procedures for continued field
screening during the term of the permit.
§12226(d)(2)(iv)CB)(2) [The application must
include a] description of procedures to
conduct on-going field screening activities
during the life of the permit, including areas
or locations that will be evaluated by such
field screens
Applicants can propose to use procedures
similar to those used for held screening
required in Part 1 of the application or they can
propose alternative procedures and techniques.
The Part 1 field screening requirements are
found in §122.26(d)(l)(iv)(D) and are explained
in the Part 1 guidance manual
The Part 2 proposed field screening
program component should describe areas of
the system where the continuation of the field
screening program will be conducted and the
rationale for selecting these areas For
example, the rationale for continuing field
screening at a given locabon might be that a
wide variation in results was obtained during
the initial screens In addition, the applicant
should propose field screening for a portion of
any recently-identified major outfalls that were
not known to the applicant when it prepared
its Part 1 application, provided sampling of
these outfalls is safe and practicable
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Proposed Management Program
The potential for illicit discharges and
improper disposal is generally higher for areas
of older development, areas with many
aqtomobile-related industries, and areas with
significant numbers of heavy industrial
facilities Therefore, in most cases applicants
should include these areas in the proposed
field screening program.
The description of the field screening
component should provide a detailed summary
of the departmental responsibility for field
activities, frequency of inspections, procedures
and equipment to be used, and the procedures
for documenting field activities, both in the
field and in the office. Generally, the Part 2
field screening program should reflect a
conbnuously narrowing process to trace illicit
and improper sources.
6.5.3 Investigation of Potential Illicit
Discharges
In order to submit a comprehensive
proposed management program, applicants are
required to describe procedures for
investigating portions of the municipal system
where field screening or other information
indicates a reasonable potential for illicit
discharges
§122 26(d)(2)(iv)(B)(3). [The application must
include a] description of procedures to be
followed to investigate portions of the
separate storm sewer system that, based on
the results of the held screen, or other
appropriate information, indicate a reasonable
potential of containing illicit discharges or
other sources of non-storm water (such
procedures may include sampling
procedures for constituents such as feca]
coliform, fecal streptococcus, surfactants
(MBAS), residual chlorine, fluorides and
potassium, testing with fluorometnc dyes, or
conducting in storm sewer inspections where
safetv and other considerations allow Such
description shall include the location of storm
sewers lhat ha\e been identified for such
evaluation)
Applicants should propose criteria to
identify portions of the system where follow-up
investigations are appropriate For example,
calculating a frequency distribution of dry
weather flows at each screening site could aid
in establishing criteria to identify where follow-
up investigations are appropriate.
Procedures to investigate priority locations
for illicit connections include inspection of the
storm sewer system, use of remote-control
cameras, on-site inspections and dye-testing at
priority or suspect facilities, and additional
discharge monitoring to pinpoint pollutant
sources. In some cases, these investigations
may be coordinated with pretreatment program
inspections. Such approaches are summarized
in Exhibit 6-4. Coordinating inspections can be
a very effective use of resources. For example,
portions of the sanitary sewer system that need
evaluation to detect illicit discharge may
already be undergoing inspection by operators
of the municipal treatment plant.
A checklist should be developed for
inspectors to use to detect illicit connections.
The checklist should be structured to ensure a
comprehensive evaluation of the problem and
stipulate the use of the easiest and least
expensive detection methods first
Regardless of the format in which
information is compiled (e.g., table, list, text
description), EPA suggests that the applicant
prepare a map identifying the location of
suspected problem areas. The map should be
provided as part of the Part 2 application.
The proposed program component
description should describe a step-by-step
process to investigate, identify, and prohibit
illicit discharges If field screening leads to
positive tests of fecal coliform, fecal strept-
ococcus, surfactants, residual chlorine,
fluorides, or potassium, a municipality should
reconsider whether any of the non-storm water
discharges described in Section 6.5.1 are the
source (see previous section)
6-34
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Proposed Management Program
Exhibit 6-4
Sample Illicit Discharge Investigation Procedures Options
Results of Initial
Field Screen
Plumbing unidentifiable
Uncertain use
of facility
Several facilities
or complex plumbing
Unusual pollutants
Procedures for
Detailed Analysis
Cameras
On-site inspections
Dye- testing
Monitoring
Comments
Effective for identi-
fying deterioration
May be combined with
other inspections
Simple and accurate if
system not interconnected
Particularly useful
for fingerprinting
6.5.4 Spill Response and Prevention
The proposed management program must
describe procedures that the municipality will
implement during the term of the permit to
prevent contain, and respond to spills that
may discharge into the MS4
§122 2bfdif2Hiv)fB)(-fi |The application must
include a] description of procedures to
prevent, contain, and respond to spills that
may discharge into the municipal separate
storm sewer
The municipality and the property owners
(and''or operators of sites where spills may
occur need to implement procedures to
prevent, contain and respond to spills One
way to implement these procedures is to
modify the land use planning process and
ordinance enforcement Such modifications
would require notification and emergency
prepjredne^ procedures for any land use
activity that could lead to leaks and spills
Another method is to coordinate with on-going
programs- in other regulated areas where
detection of spilb is important, such as
pretreatment and hazardous materials
management. The goal of a spill-prevention
program is to reduce the frequency and extent
of spills of hazardous materials, oils, and other
materials which can cause water quality
impairment. Spill-containment programs may
establish minimum chemical storage and
handling requirements, require users to submit
prevention and control plans, and ensure site
inspections The content of the descriptions
that should be submitted with the Part 2
appb cation for each of these program elements
is discussed in more detail below
Spill-response programs are intended to
reduce risk to the public and the environment
Although these programs tend to focus on
issues of public health and safety, such as
exposure to toxic materials, fires, or explosions,
spill-response teams should attempt to prevent
or minimize contamination of surface water,
ground water, and soil. Spill-response
programs often require a coordinated response
from a number of municipal departments (e.g.,
fire, police, health, and public works).
Municipalities should describe how response
procedures within these programs attempt to
mibgate potential pollutant discharges to
surface waters
6-35
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Proposed Management Program
For example, some industrial pretreatment
programs specifically require thai leaks or spills
be routed to the storm sewer rather than the
sanitary sewer generally to protect worker
health and safety and to protect biological
treatment capabilities This issue serves to
reinforce the need for coordination between the
vanous municipal programs that are related in
some way to storm water.
The proposed program should identify the
municipal departments responsible for
implementing the program, and also should
address employee training, reporting
procedures, containment of spills, storage and
disposal activities, documentation, and follow-
up procedures Generally, the proposed
program for spill response and prevention
should focus on good housekeeping and
matenals management practices, which are
discussed in more detail below.
One of the initial elements in the
development of a successful spill response and
prevention program is to assess the potential of
vanous sources at a particular property to
contribute pollutanb to the storm water
discharges from the site This assessment
should inventory the land use, types of
materials handled, and the location and types
of materials management activities. Factors to
consider when evaluating the pollution
potential of runoff from vanous portions of a
site include those that are likely to lead to the
identification of specific structural or
nonstructural control* to address problems
Other factors to consider are the toxiciry
and quantity of any chemicals used, produced,
stored, or discharged from the site, the history
of any NPDES permit violations from a site,
history of significant leaks or spills of toxic or
hazardous pollutants, and the designated uses
of the receiving waters
This program element should also include
a description of storm water management
controls that are appropriate for the site that
\\ould Control or allow tor the mitigation of
am leak or ?pill and a proposal to implement
such controls. The priorities developed in the
implementation proposal should reflect the
nature of identified sources of pollutants at the
site
The description of spill response and
prevention activities should include the steps a
municipality will take to prevent, and when
necessary, adequately respond to spills
discharged to its MS4. The MS4 might identify
special training requirements for municipal
employees in order to respond to spills of
hazardous chemicals from a particular facility
into the storm sewer system.
Sources with the greatest potential for spills
to occur (or cause the most severe damage)
should be identified in the proposed storm
water management program If appropriate,
specific matenals handling procedures and
storage requirements should be identified for
these sources Requirements for these sources
could be modeled after the Spill Prevention,
Control, and Countermeasure (SPCC) Plans
that are required for certain facilities under
Section 311 of the CWA
Under the SPCC program, for example,
personnel are trained and given responsibility
for inspecting the facility for leaks and spills.
These inspections include equipment and
matenals handling areas, which need to be
investigated for evidence of, or the potential
for, pollutants entenng the drainage system
Procedures to ensure the availability of
appropriate personnel and equipment for
cleaning up spills must be identified A system
to ensure that appropnate corrective action has
occurred in response to inadequacies identified
during the inspection is also established under
the program.
Not all of the SPCC program elements may
be necessary for municipal applicants
However, EPA recommends that the proposed
storm water management program describe
how the records of inspections will be
maintained and made available for
investigations of causal factors and program
effectiveness Incidents of leaks, spills, and
6-36
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Proposed Management Program
improper dumping, along with other
information describing the quality and quantm
of storm water discharges should be included
in the records Inspections and maintenance
activities, such as containment berm integrity
testing or the cleaning of oil/water separators
should be documented and recorded in a
maintenance log
6.5.5 Public Awareness
Program
and Reporting
Applicants must propose a management
program component that promotes, publicizes,
and facilitates public reporting of illicit
discharges or water quality impacts associated
with discharges from MS4s
§12226fd)C)fiv)(B)(5) (The application must
include a) description of a program to
promote, publicize, and facilitate public
reporting of the presence of illicit discharges
or water quality impacts associated with
discharges from muiucipaJ separate storm
sewers
Timely reporting by the public of improper dis-
posal and illicit discharges are critical com-
ponents of programs to control such sources.
To enhance public awareness, programs
ma\ include setting up a public information
hotline number, educating school students,
establishing community and volunteer
"watchdog" groups (e g, "Adopt-a-Stream
Program"), using inserts into utility bills; and
newspaper, television and radio announce-
ments to inform the public about what to look
for and how to report incidents The public
awareness efforts should clarify to the public
that they are the ultimate beneficiaries of a
successful storm water management program
6.5.6 Proper Management of Used Oil and
Toxics
gallons of used oil from do-it-yourself
automobile oil changes, are disposed of
improperly An additional 70 million gallons
of used oil, most coming from service stations
and repair shops, are used for road oiling (55
FR 48056, November 16, 1990). If private
individuals find the proper disposal of used oil
or toxic materials difficult, incidents of
improper disposal increase For example, when
a large fraction of service stations do not accept
do-it-yourself used oil, improper disposal into
the municipal storm sewer rises. Therefore,
applicants are required to propose a program
component that will facilitate the proper
disposal of used oil and toxics from households
by establishing muruapally operated collection
sites, or ensuring that privately-operated
collection sites are available.
§122.26(dX2)(iv)(BH6V[The application must
include a] description of educational
activities, public information activities, and
other appropriate activities to facilitate the
proper management and disposal of used oil
and toxic materials
The proposed program should describe
outreach plans to handlers of used oil and to
the public, and operating plans for oil and
household waste collection programs.
Examples of effective public outreach for
these types of programs include dedicated
municipal phone numbers (e.g, a used
oil /toxic materials hotline), pamphlets, and
requirements that oil retailers post the location
of the nearest used oil collection facility.
Programs can also inform the public about
alternatives to toxic materials. Catch
basin/storm sewer inlet stenciling programs
can also be proposed as part of the program to
increase public awareness of the connection
between storm sewers and local water
resources
EPA estimates that annually, 267 million
gallons of used oil, including 135 million
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Proposed Management Program
6.5.7 Infiltration of Seepage
In order to effectively complete this portion
of a proposed management plan, the applicant
must describe controls to limit infiltration of
seepage from municipal sanitary sewers to
MS4s, if necessary.
$l22.2MdX2)(ivXBX7). [Th* application must
indudt a] description of control* to Unit
infiltration of mpay from municipal
unhuy wwcn to municipal atparatc storm
MWV syttoiu wh«rt
Raw sewage can seep from sanitary sewage
coUection systems through leaks and cracks In
aging pipes, poorly constructed manholes and
joints, and main breaks. Sewage from a leaky
sanitary system can flow to storm sewers or
contaminate ground water supplies.
Interaction between sanitary sewers and
separate storm sewers may occur at manholes
and where sanitary sewer laterals and storm
sewer trenches cross. Separate storm sewers
and sanitary sewers may share the same trench,
which is generally filled with very porous
material such as gravel.
One indication of seepage from a sewage
coUection system may be infiltration of water.
Often, the rate of exfil (ration (seepage) from
sanitary collection systems is significantly
greater than the rate of infiltration into the
system. An EPA study on sewer exfiltration
found significant ratios of the rate of
exfiltration of sewage to the rate of infiltration
of ground water or storm water into sanitary
sewers. Field and laboratory results found this
ratio to vary between IS to 1 and 14 to 1.
In some cases, preventive maintenance
surveys or on-going infiltration and inflow
OekD programs to determine where water is
entering a sanitary sewer system may be
modified to locate the source and fate of
exfiltration from the system
Identifying infiltration of seepage into a
MS4 is a good example of the need for various
municipal functions to be effectively
coordinated. Proposed storm water
management programs might discuss now
personnel responsible for inspections of the
sanitary sewer system could inspect for sources
of exfiltration during I&I inspections, and pass
any findings to personnel responsible for
maintaining the MS4. If seepage is believed to
be a problem, a coordinated effort with the
maintenance department of the municipal
sanitary sewer system is recommended.
The proposed storm water management
program also should include provisions to
address the discovery of previously unknown
problems. There should be procedures to enact
a coordinated program between the operators
of the storm sewer and sanitary sewer (which
in many cases will be within the same
municipal agency or department).
EPA recommends that the proposed storm
water management program describe controls
that will be used to address seepage from
malfunctioning septic systems in areas not
served by a sewage treatment works.
Malfunctioning septic systems may lead to
more significant surface runoff pollution
problems man ground water problems. A
malfunctioning septic system is less likely to
cause ground water contamination where an
Impervious bacterial mat in the soil retards the
downward movement of wastewater. (Poorly
located septic systems that are operating
properly are the greatest threat to ground
water).
Surface malfunctions of septic systems are
caused by dogged or impermeable soils, or
when stopped up or collapsed pipes force
untreated wastewater to the surface. Surface
malfunctions can vary in degree from
occasional damp patches on the surface to
constant pooling or runoff of wastewater to a
storm sewer. An improper remedy for a
surface malfunction is to install a pipe or
trench over soil absorption systems to route
untreated overflow away from the septic
6-38
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Proposed Management Program
system. This results in direct discharges to
drainage ditches, empty lots, or surface waters
Proper controls range from prescribing
maximum intervals between tank pump-out to
the installation of sand filters. Discharge from
sand filters to surface waters may require a
separate NPDES permit, because such
discharge is not storm water.
Additional information about the most
appropriate controls for use in correcting
malfunctioning septic systems is probably best
obtained from local or regional sources.
Organizations such as extension services, soil
and water conservation districts, and planning
agenaes may be good sources of information
about methods that have been successful (and
also those that have failed).
By obtaining this type of information, the
applicant can determine what control
techniques have been successful in correcting
malfunctioning septic systems in similar types
of soils The value of this approach is that the
applicant will know that a certain control
technique has been used to correct a
malfunctioning septic system in the same types
of soils that occur in the municipality. Where
only part of the MS4 drainage area is served by
septic systems, proposed programs should
address setting and maintenance of septic
systems, including draft requirements and
implementation procedures.
6.6 SIGNATORY AND CERTIFICATION
REQUIREMENTS
Under the Federal NPDES regulations
|§12222(aM, all NPDES 'permit applications
(including municipal storm water permit
applications) must be signed by an authorized
person, as defined in the regulations Permit
applications submitted by a municipality, State,
Federal, or other public agency must be signed
by either a principal executive officer or
ranking elected official !§122 22(a)(3)l To fulfill
the signatory requirements, the person signing
the municipal application must provide his or
her name (printed or typed), tide, and date
signed In addition, the applicant should
provide the name, address, and telephone
number of the person signing the application or
another point of contact that can answer
questions about the application.
In addition, §12122(d) states that any
person signing a permit application must make
the following certification:
"I certify under penalty of law that this document and
all attachments were prepared under my direction or
niperviiion in accordance with a lyttem designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my
inquiry of the person or persons who manage the
system, or those persons directly responsible for
gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing
violations"
6.7 IMPLEMENTATION OF THE STORM
WATER PROGRAM
EPA anticipates that municipal storm water
management programs will mature over time
to reflect advances in technology, additional
data collection, changing conditions, program
development, stage of implementation, and
improvements in water quality. Therefore,
applicants may emphasize different program
components to reflect implementation
priorities. The proposed management program
should dearly identify each of the program
components and indude a schedule for
implementation. Each component of the Part 2
appbcabon should be classified as: full
implementation, phased implementation, pilot
study, or feasibility analysis In annual reports
on the progress of storm water management
programs, municipalities must report on the
status of implementing program provisions
[§12242(c)(D, or Section 7.3 of the guidance].
• Full Implementation. Fully
implemented components should be
proposed when the municipality is
6-39
-------
Proposed Management Program
prepared to begin or continue full
implementation after its permit is
issued and it expects to continue the
component throughout the life of the
permit Full implementation of a
program component is generally the
preferred way of demonstrating the
required level of control.
Phased Implementation, Phased
implementation should be proposed
when the level of effort to implement
the component will vary during the
term of the permit Phased
implementation may be appropriate
when additional data must be collected
or technical guidance, training
materials, or appropriate ordinances
must be developed prior bo full
implementation. A schedule that
includes milestones should be part of
the description.
Pilot Studies. Although the
municipality must implement and
comply with each provision of the
municipal storm water permit, the
municipality may choose to carry out
pilot studies that involve limited
experimental implementation of a
program component In some cases,
pilot studies may be authorized by the
permit Used to evaluate the
effectiveness of a program component,
pilot studies may be appropriate when
a technology is unproven or when data
must be collected to develop operating
standards or procedures. A schedule
including milestones should be
included in the description of a pilot
study. This schedule should provide
options for phased implementation of
the program component, showing
alternatives based on various possible
results of the pilot study.
-------
CHAPTER 7
ASSESSMENT
OF CONTROLS
Adequate Legal
Authority
Source
Identification
Characterization
Data
Proposed
Management
Program
K
Assessment of
Controls
Assessment of Controls
. Estimate expected reduction In
pollutant loadings.
. Describe any known Impacts of
•term water control! on ground
water.
-------
7.0 ASSESSMENT OF CONTROLS
7.1 BACKGROUND
Part 2 applications require that
municipalities estimate the effecbveness of their
proposed storm water quality management
programs The regulations require an initial
estimate or assessment because the
performance of appropriate management
controls is highly dependent on site-specific
factors Program effectiveness can be estimated
through both direct measurements (such as
reductions in annual pollutant loads) and
indirect measurements (such as measurements
that demonstrate increased public awareness of
storm water quality issues) At a minimum,
applicants must submit estimated reductions in
pollutant loads expected to result from
implemented controls and describe known
impact? of storm water controls on ground
water
122 26(d)(2)(\) .-b^-sna-u; d ifufriij-. [The
application must mJude] estimated
reductions, m loadings of pollutants lor
discharge* ot municipal storm sewer
constituent from municipal storm sewer
systems expected as the result of the
municipal storm water quality management
program The assessment shall also identity
known impacts of storm water controls on
ground \\atet
Reductions in pollutant loads due to the
implementation and maintenance of structural
controls provide direct measurements of the
effectiveness of the storm water management
program In addihon, EPA encourages
applicants lo go beyond the minimum
requirement and assess the effectiveness of
their storm water management program
through other direct measurements as well as
indirect measurements As discussed below.
indirect measurements provide surrogate
estimates of qualitative factors, such as
increased public awareness of slorm .water
quality issues
Estimates of the effectiveness of the storm
water management program will assist the
municipality and the permit writer in:
• Determining whether the most cost-
effective best management practices
(BMPs) are included in the storm water
management program;
• Ensuring that the storm water
management program includes
adequate public participation programs
and intergovernmental coordination,
• Establishing on-going monitoring
inspection and surveillance programs
that help refine estimates of program
effectiveness, and
• Developing a strategy to evaluate
progress toward achieving water
quality goals
7.2 ASSESSMENT OF STORM WATER
MANAGEMENT PROGRAM
For some components of a proposed storm
water management program, such as structural
controls (e g , vegetative streambank
stabilization, sediment pond or basin, etc.), the
effect on pollution in storm water runoff is
observable, and pollutant removal efficiencies
can be estimated directly For other
components, pollutant reductions may be
difficult to quantify Applicants may need to
use indirect estimates. For example, a program
component may address source controls such
as changing the behavior of citizens in the
community, or improving the municipal control
of industrial or commercial runoff For
7-1
-------
Assessment ot Control*
component ot the proposed management
program *•* here pollutant removal efficiency
cannot be reasonable1 estimated, applicants are
strongly encouraged to identify some indirect
measurement thai can be used to evaluate the
success of Ihe pracbce
7.2.1 Direct Measurements of Program
Effectiveness
As discussed above, 40 CFR 122.26(d)(2)(v)
requires that applicants submit estimates of
expected pollutant load reductions with their
Part 2 applications To supplement these
estimates, applicants could provide estimates of
other direct measurements of program
effectiveness including
• Remo\al efficiencies of BMPs that
control storm water quality,
• Reduction^ in the volume of storm
\\aier discharged,
• Reduction? in event mean concentra-
tions or
• Reduv.il. 'i
loadmgs
seasonal pollutant
such direct estimates- do not have to be
\rriiied with quantitative data, but can be
based on accepted engineering design practices
However the applicant should describe its
procedure^ for estimating the effectiveness of
the control Applicants should present
estimate- ul pollutant load reductions or other
miMsuremenLs -eparateh tor each component
01 Ihe propped management program
Applicant^ should provide estimated
rtyiuction.- on a watershed basis and system-
v, ide bai-i.-
R. -him-in; in pollutant loadings can be
b\ hr>t estimating the pollutant
ibased on concentrations and flows)
Ih i1 would result without the control measure
T' \,-J'j sp.iuld then be multiplied bv the
e:i'•!'.]i.1 ot the control expressed in terms of
a fraction or percentage. Estimated control
efficiencies can be obtained from published
sources, such as Schueler (1987) (see
bibliography in Appendix A) Note that for
most control measures, the pollutant removal
efficiency differs for different classes of
pollutants
After the municipality's storm water
management program is implemented, the
municipality can work to refine its initial
assessment of the program. For example, the
permit will require applicants to submit
estimates of event mean concentrations and
estimates of annual pollutant loadings for each
outfall in the system |§122.26(d)(2)(iii)(C),
discussed in Section 5.5 of this guidance].
These estimates can be compared with the
applicant's initial estimates
In addition, the estimated removal
efficiencies can be refined through the
monitoring program required by §122.26(d)(2)
Ou){D) (discussed in Section 5.6 of this
guidance) To refine these estimates, the
monitoring program should include measure-
ments at the inflow and outflow points of the
control Throughout the permit term, the
municipality must submit refinements to its
assessment or additional direct measurements
of program effectiveness in its annual report
(Section 7 3)
The applicant should use direct measure-
ments of program effectiveness as it begins to
assess its long-term progress in improving
water quality through storm water
management practices Direct measurements of
program effectiveness maj not provide
meaningful conclusions on trends in water
quality improvements for a couple of permit
terms. However, applicants are encouraged to
use direct measurements of program
effectiveness, such as annual pollutant loads,
event mean concentrations, and seasonal
pollutant loadings, to begin to estimate long-
term trends Several statistical methods that
rely on linear regression have been developed
7-2
-------
Assessment of Controls
to model these measurements to determine if
trends exist
7.2.2 Indirect Measurements of Program
Effectiveness
When pollutant reductions cannot be
estimated through direct measurement,
appropriate indirect measurements may be
used. These may include the estimated level of
increased enforcement activity, increased public
awareness, or reduction in number of illegal
dumping incidents For example, a field
screening program to idenhfy illicit connections
and improper dumping in Fort Worth, Texas,
used reductions in observations of indicator
pollutants as a measure of the success of the
program (Fort Worth, 1988).
Other possible indirect measurements
include.
• Gallons of used oil recycled,
• Amount of household hazardous waste
collected,
• Number of educational brochures on
slorm water quality distributed;
• Number of public hearings on storm
water and attendance at these hearings,
• Circulation of an annual report or
periodic newsletters on progress in
meeting storm water quality goals,
• Number ol reports of illicit discharges
or illegal dumping
• Number of spill clean-ups,
• Number of sewer inlets slenciled,
• Acrei- ot open space,
• Number ol construction and erosion
and sediment control plans submitted
and approved
Many of these indirect measurements will
help to indicate whether the storm water
management program includes adequate public
participation and intergovernmental coordina-
tion.
7.Z3 Impacts of Storm Water Controls on
Ground Water
Structural BMPs may have an impact on
other media. Therefore, the Part 2 application
requires that applicants discuss known impacts
of storm water controls on ground water.
Impacts should be identified separately for
each component of the proposed management
program. These controls may increase the
quantity of ground water (such as infiltration
leading to recharge), but degrade the quality of
the ground water For example, in and parts
of the Southwest, imported water is often used
for irrigation. This increases the quantity of
ground water, but, because of high levels of
nutrients and total suspended and dissolved
solids in the irrigation water, also results in
impacts on ground water quality
In addition, the applicant should evaluate
whether structural controls for storm water
impact other media, such as wetlands
73. ANNUAL REPORTS ON THE
EFFECTIVENESS OF THE STORM
WATER MANAGEMENT PROGRAM
Under §122.42(c), applicants must provide
annual reports on the progress of their storm
water management programs. These reports,
which are due on the anniversaries of permit
issuance, must include
• The status of implementing the
components of the storm water
management program that are required
by the permit,
• Proposed changes to the storm water
management programs that are
established as permit conditions,
7-3
-------
Assessment of Controls
• Revisions, if necessary, to the
assessment of controls and the fiscal
analysis reported in the permit
application;
• Summary of data, including monitoring
data, that are accumulated throughout
the reporting year,
• Projected annual expenditures and
budget for the year following each
annual report;
• A summary describing the number and
nature of enforcement actions,
inspections, and public education
programs; and
• Identification of water quality
improvements or degradation
Applicants should refer to the specific
regulatory language in §12242(c) for a more
complete discussion of annual reporting
requirements
Although Ihe Part 2 application
requirements do not specifically address annual
reporting requirements, applicants should
consider their strategy for preparing annual
reports when they complete their Part 2
applications. A municipality may develop a
strategy to assess the progress of its storm
water management program throughout the
term of the permit in addibon to providing a
baseline assessment of its program. To develop
the strategy, applicants should
• Identify the direct or indirect
measurements that will be used to track
the long-term progress of the
applicant's program towards achieving
improvements in storm water quality
(the results of this assessment would
appear in the municipality's annual
report);
• Discuss the role of monitoring data in
substantiating or refining their
assessment of the progress of their
program towards established objectives
and goals; and
• Discuss how future additions or
revisions to the assessment measure-
ments or strategy will be implemented
by the municipality (e.g, what roles
and responsibilities will participating
municipal agencies and/or
organizations have in this area)
It is anticipated that many municipalities
will use the same criteria or measurements that
were used in the baseline assessment to
develop their long-term assessment strategy.
This is an acceptable approach provided that
the municipality delineates how their program
provides for a longer term assessment of the
progress of their storm water management
program The municipality is encouraged to
consider in advance the information
requirements for annual reporting that are
identified above when developing their long-
term assessment strategy
7-4
-------
CHAPTER 8
FISCAL ANALYSIS
Adequate Legal
Authority
Source
Identification
Characterization
Data
Proposed
Management
Program
Assessment of
Controls
/
/.
Fiscal Analysis
!
Fiscal Analysis
P*rt1
' Describe budget lor existing storm water
programs and resources available to
complete Part 2
Estimate capllil and operating costs
necessary tor the storm water
management program.
Ust available sources of funding
and legal restrictions on these
sources.
-------
8.0 FISCAL ANALYSIS
8.1 BACKGROUND
NPDES permits for discharges from MS4s
will require municipal permittees to implement
management programs, conduct long term
storm water monitoring, and provide other
information Because these activities will result
in expense to the municipality, a fiscal analysis
is required in the Part 2 application
Applicants must provide yearly cost
esbmates for these programs. Applicants also
must provide a schedule indicating when funds
will be available Examining the levels of
proposed spending and funding allows the
permitting authority to gauge the ability of the
applicant to implement the program and
predict its effectiveness The fiscal analysis also
will help the permit writer determine whether
the applicant has met the statutory requirement
of reducing the discharge of pollutant lo the
MS4 to the maximum extent practicable
Finally, the esbmates help the applicant
evaluate the feasibility and cost-erfecbveness of
ib program A municipality must update its
fiscal analysis each year for the annual report
on the progress in implementing their storm
water management program [40 CFR
12242
-------
Fiscal Analysis
management program [§12226(d)(2)(iv),
discussed in Section 64],
• A maintenance schedule for structural
best management practices (BMPs)
l§12226(d)(2)(iv)(A)(l), discussed in
Section 64.3];
• Development of seasonal pollutant
loadings and event mean concentra-
tions of a representative storm
[§122.26(d)(2)(iii)(Q, discussed in
Section 5.5];
• Monitoring program for representative
data collection for the term of the
permit [§122.26(d)(2)(iii)(D), discussed
in Section 5 61,
• Monitoring program for industrial
facilities |§12226(d)(2)(iv)(C)(2), dis-
cussed in Section 6.3.3];
• On-going field screening program for
illicit discharges l§122.26(d)(2)(iv)(B),
discussed in Section 6 5],
• Development of certification programs
for construction workers or pesticide
applicators, if appropriate [§12226(d)
(2Hiv), discussed in Sections 6.3.1 and
6 3 2|, and
• Implementation schedules for other
components of the storm water
application that have not been fully
implemented at the time of application,
such as additional legal authority or
comprehensive development plans
Step 3. Estimate the capital expenses
necessary to accomplish the tasks identified in
Step 1 and determine a schedule for purchase
Applicants may elect to define categories of
capital expenditures such as "monitoring
equipment," "miscellaneous monitoring
supplier." "persona] protective equipment," etc
Step 4. Estimate other non-capital costs to
implement the tasks identified in Step 1. Use
the schedule developed in Step 2 to spread
costs over the term of the permit Costs should
be presented as a total annual cost for each
proposed program component In addition,
estimates of the total annual costs and annual
per capita costs should be provided. Per capita
costs can be compared with the per capita costs
of other programs, such as sewage treatment
programs.
These costs may include items such as :
• Newspaper ads announcing new
programs or recycling centers;
• Holding public meetings or hearings,
and
Labor for department personnel
speak to citizens groups
to
Step 5. Identify funding to be applied.
Applicants must describe the sources of
funding and any legal restrictions on that
funding Sources may include general
revenues, storm water utilities, plan review
fees, permit fees, industrial /commercial user
fees, special assessment distinct funds, and
revenue bonds Some funding sources, such as
general revenues based on property taxes, are
generally unrestricted, but can be allocated by
local officials annually In a few cases, a local
property tax may be dedicated to finance a
storm water management program For
example, one county finances its storm water
management program through a dedicated
property tax of $0.135 per $100 assessed
valuation Other municipalities add special
assessments to property tax bills.
A storm water utility is another source of
funding dedicated to financing storm water
management activities The storm water utility
offers the advantage of a stable and predictable
source of funds. Other advantages of storm
water utilities over general revenues are that
utility charges can be more equitably based on
8-2
-------
Fiscal
the user > contribution to locaJ storm water
problem^., and a uhlitv provides a mectiarusm
to incorporate incentives for on-site storm
water management
In man\ cases, municipalities will evaluate
sources ol funds thai are not currently
available, such as a new storm water utility. In
these cases, applicants must include a schedule
of when funds will be available. For example,
it usually takes a municipality 18 to 24 months
of planning before local elected officials
authorize a storm water utility, and another 6
to 12 months to implement the utility (Lindsey,
1988) Key milestones for planning and
implementing the funding mechanism must be
identified in the schedule The following
components have been found to be important
in establishing storm water unlibes
• Determining the most appropriate
administrative structure lor implement-
ing a storm water management
program.
• Adopting a storm water utility
ordinance,
• Estimating revenue needs and planning
for cost recovery,
• Establishing a utility rale structure and
billing system,
• Establishing a system for developer
contributions, and
• Implementing a public information
program
Step 6. Compare the funding sources with
the funding needs. As a last step in this
process, the municipality must ensure that
adequate funding is available to cover the cost
of implementing the storm water management
program If adequate funding is not available,
the municipality must consider alternate
sources of funding such as a storm water
ublit\
8-3
-------
APPENDIX A:
BIBLIOGRAPHY
-------
BIBLIOGRAPHY*
Alachua County OEP, Best Management Practices for the Use and Storage of Hazardous Materials,
Alachua County Office of Environmental Protection No date.
Chollar, B., An Overview of Deiang Research in the United States In the Environmental Impact of
Highway Deicing, Proceedings of a Symposium held October 13, 1989, at the University of
California, Davis Campus, Institute of Ecology Publication No. 33. September 1990.
City of Fort Worth, Operational Guide, Drainage Water Pollution Control Program. October 1989.
City of Seattle, NPDES Storm Water Permit Application, Part 1, City of Seattle: 37. November
1991.
City of Tulsa, Storm Sewer System Investigation Upstream of the Pedestrian Bridge on the Arkansas
River, City of Tulsa, OK, prepared by CH2M Hill. March 1989.
Dnscoll, E.D., RamfaUfRunoff Relationships from the NURP Runoff Database, presented at Stormwater
and Quality Models Users Group Meeting, Montreal, Quebec. September 8-9,1983.
Duda, A M , D. Lenat, and D. Penrose, "Water Quality in Urban Streams - What We Car Expect,"
/. Water Pollut Contr. Fed 54(7) 1139-1147. 1982.
Ferguson, B, "Urban Stream Reclamation," Journal of Soil and Water Conservation. September-
October 1991
Hamm, Deruse A , A Case Study in Ecosystem Valuation- Valuation of the Congaree Bottomland Hardwood
Ecosystem Sendees, Climate Change Division, Global Programs Office, EPA Office of Pobcy,
Planning and Evaluation August 1991
Horner, R , Biofiltration Systems for Storm Runoff Water Quality Control, Report to Washington State
Department of Ecology, Municipality of Metropolitan Seattle, King County and the Cibes of
Bellevue, Mounllake Terrace, and Redmond. 1988.
Klein, R, Urbanization and Stream Quality Impairment, Water Resources Bulletin, American Water
Resources Association August 1979
Kuo, C Y. el al, A Study of Infiltration Trenches, Virginia Water Resources Control Board, Bulletin
163. April 1989
Lmdsey, Greg. Financing Stormwater Management: The Utility Approach, Maryland Department
of the Environment, Sediment and Stormwater Administration. 1988.
Louisville and Jefferson Counties, KY, Local Government Hazardous Control - A Program Thai Works,
Louisville and Jefferson Counties, KY, Metropolitan Sewer Districts. No date.
McCuen. Richard, Policy Guidelines for Controlling Stream Channel Erosion uith Detention Basins,
Department of Cml Engineering, University of Maryland December 1987
A-l
-------
Appendix A Bibliography
MWCOG, Developing Effective BMP Systems for Urban Watersheds. Metropolitan Washington
Council of Governments, from EPA Nonpoint Source Watershed Workshop Nonpoint Source
Solutions, EPA Office of Research and Development, Office of Water, EPA 625/4-91/027.
September 1991.
Salt Institute, The Salt Storage Handbook, Salt Institute 1987.
Schueler, Thomas R., Controlling Urban Runoff. A Practical Manual for Planning and Designing
Urban BMPs, Metropolitan Washington Council of Governments. 1987.
Schueler, T. Mitigating the Adverse Impacts of Urbanization on Streams: A Comprehensive Strategy
for Local Governments, Metropolitan Washington Council of Governments. 1991.
Schueler, T., Kumble, P., and Heraty, M., A Current Assessment of Urban Best Management Practices:
Techniques for Reducing Non-Point Source Pollution in the Coastal Zone, Metropolitan Washington
Council of Governments 1992.
Shelley, P.E., and D.R. Gaboury, Urban Runoff Quality, American Society of Civil Engineers
1986.
Steward, W., Compost Storm Water Treatment System, proceedings of the National Association of
Environmental Professionals Conference, 1992.
Tomo, H , Pollution Abatement in Tokyo, Koyama, Takaaki in Urban Stormwater Quality Enhancement,
Source Control. Retrofitting, and Combined Sewer Technology, ASCE. 1990.
U.S Army Corps of Engineers, Charles River Watershed, Massachusetts Natural Valley Storage Project,
Design Memorandum No 1, "Hydrologic Analysis," New England Division, Waltham,
Massachusetts, 1976, in Wetlands Their Use and Regulation, U.S. Congress, Office of Technology
Assessment, OTA-00-206 March 1984.
U S Environmental Protection Agency, Manual for Deiang Chemicals: Application Practices, EPA
670/2-74-045. 1974(a).
U 5 Environmental Protection Agency, Manual for Deicing Chemicals. Storage and Handling, EPA
670/2-74-033. 1974(b).
U S Environmental Protection Agency, An Economic Analysis of the Environmental Impact of
Highway Deiang, EPA 600/2-76-105. 1976
U S Environmental Protection Agency, Results of the Nationwide Urban Runoff Program Final
Report, EPA Planning Division, National Technical Information Service (NT1S) Accession No.
PBS4-8552 1983
U S Environmental Protection Agency, Characterizing and Controlling Urban Runoff through Street
and Savage Cleaning, prepared by Pitt, R.E , Consulting Engineer, Blue Mounds, Wl, EPA 600/2-
85/038, (NTIS PB 85-186500/Reb ). 1985
U S Environmental Protection Agency, Revised Baseline Flow Data for Used Oil Modelling. March
13,1987
A-2
-------
Appendix A: Bibliography
V.S Environmental Protection Agency, Nonpomt Source Monitoring and Evaluation Guide, EPA
Office of Water, Nonpoint Source Control Branch February 26,198S(a)
U S. Environmental Protection Agency, Design Manual, Constructed Wetlands and Aquatic Plant
Systems for Municipal Water Treatment, EPA 625/1-88/022 September 1988(b)
U S Environmental Protection Agency, Facts About Stormwater Management Programs in the State
of Florida, EPA Office of Water, Nonpoint Source Control Branch. December 1989(a).
U.S. Environmental Protection Agency, Retrofitting Stormwater Management Basins for Phosphorus
Control, EPA Office of Water, Nonpoint Source Control Branch, Publication U-l. August 1989(b).
U.S. Environmental Protection Agency. Final Draft - Policy on the Use of Biological Assessments and
Criteria in the Water Quality Program. January 199CKa).
U.S. Environmental Protection Agency, Water Quality Standards for Wetlands - National Guidance, EPA
Office of Water Regulations and Standards, EPA 440/5-90/011. July 1990.
i
U S. Environmental Protection Agency, Draft - Manual of Practice. Identification of Illicit Connections.
September 1990(b).
U.S Environmental Protection Agency, Urban Targeting and BMP Selection, EPA Region V, Water
Division November 1990(c)
U S Environmental Protection Agency, National Water Quality Inventory, 1990 Report to Congress,
Office of Water 1990(d)
U 5 Environmental Protection Agency, Technical Support Document For Water Quality-Based Toxics
Control, EPA/505/2-90-001, PB91-127415 79-82 March 1991 (a).
U S Environmental Protection Agency, Guidance Manual for the Preparation of Parl 1 of the NPDES
Permit Applications for Discharges from Municipal Separate Storm Sewer Systems, EPA 505/8-91 -003A.
April 1991(b).
U.S Environmental Protection Agency, Proposed Guidance Specifying Management Measures for
Source* of Nonpoint Pollution in Coastal Waters, EPA Office of Water. May 1991{c)
U S Environmental Protection Agency, NPDES Storm Water Sampling Guidance Document, EPA
Office of Water July 1992(a)
U S Environmental Protec'bon Agency, Storm Water Management for Industrial Activities Developing
Pollution Prevention Plans and Best Management Practices, EPA 832-R-92-006 September 1992(b).
Virginia, State House of Representatives, An Evaluation of the Virginia Erosion and Sedimentation
Control Piogram, House Document No 15, Richmond, VA. 1988.
U'DOE, Public Review Draft - Stormwater Management Manual for the Puget Sound Basin,
Washington State Department of Ecology Publication #90-73 June 1991
A-3
-------
Appendix A Bibliography
Wetlands Their Use and Regulation, U.S. Congress, Office of Technology Assessment, OTA-00-206
March 1984
' For additional sources of information, applicants may wish to consult the documents listed in the bibhoghraphy of Urban
Drajnage t Flood Control District, Urban Slorm Drainage Cnieru Manual, Vol 111, Urban Drainage and Flood Control District,
L-i.rii.tr CO September 1. 1992
A-4
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APPENDIX B:
PART 2 APPLICATION
REQUIREMENTS
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48062
Federal Register / Vol. 55. No 222 / Friday. November 16. 1990 / Rules anJ Regulations
certify, pursuant to 5 U S.C 605(b) that
these amendments do not. have a
significant impact on a substantial
number of small entities.
LUt of Subjects in 40 CFR Parts 122.123.
•nd!24
Administrative practice end
procedure Environmental protection.
Reporting and recordkeeping
requirements. Water pollution control
Authority: Clean Water Act. 33 U S C 1251
tt teg
Dated October 31.1990
WinUm K. R«Wy,
Admmitlrotor
For the reasons stated In the
preamble, parts 122.123. and 124 of title
40 of the Code of Federal Regulations
•re amended as follows
PART 122—EPA ADMINISTERED
PERMIT PROGRAMS; THE NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM
Subpart B—Permit Application and
Special NPDES Program Requirements
1 The authority citation for part 122
continues to read as follows
Authority Clean Water Act 33U5C 1251
etseq
2 Section 1221 is amended by
revising paragraph (b](2)(iv) to read as
follows
5122.1 Purpose and acop*
• • • • •
(bp • '
UP ' '
(ivj Discharges of storm water as set
forth in g 122 26. and
• • • • •
3 Section 12221 is amended by
revising paragraph (c)(l) by removing
the last sentence of paragraph (f)(7)- by
removing paragraph (0(9] by adding
two sentences at the end of paragraph
(g)(3) by revising paragraph (g)(7)
inlroduclory text by removing and
reserving paragraph (g)(10) and by
revising the introductory text of
paragraph (k) to read as follows
8,12221 Application for • permit
(applicable to Sl»le programs, see
5 12325)
• • • • •
(c) Time to opplj (1) Any person
proposing a new discharge, shall submit
an application al least 180 days before
the date on which the discharge is to
commence unless permission for e later
dale has been granted by the Director
Facilities proposing a new discharge of
siorrr. water associated with industrial
shall submit an application 180
bifnre thai facility commences
industrial activity which may result In a
discharge of storm water associated
with that industrial activity Facilities
described under { 122.26(b)(14)(x) shall
submit applications at least BO days
before the date on which construction is
to commence. Different submiltal dates
may be required under the terms of
applicable general permits Persons
proposing a new discharge are
encouraged to submit their applications
well in advance of the 90 or 180 day
requirement* to avoid delay. See also
paragraph (k) of this section and
1122.26 (c)(l)(i)(G) and (c){l)|ii).
• • • • •
(gP " '
(3) * *' The average flow of point
sources composed of storm water may
be estimated. The basis for the rainfall
event and the method of estimation must
be indicated.
• • • • •
(7) Effluent characteristics.
Information on the discharge of
pollutants specified in this paragraph
(except information on storm water
discharges which is to be provided as
specified in i 122 26) When
"quantitative data" for a pollutant are
required, the applicant must collect a
sample of effluent and analyze it for the
pollutant in accordance with analytical
methods approved under 40 CFR part
136 When no analytical method is
approved the applicant may use any
suitable method but must provide a
descnption of the method When an
applicant has two or more outfalls with
substantially identical effluents the
Director may allow the applicant to lest
only one outfall and report that the
quantitative data also apply to the
substantially identical outfalls The
requirements in paragraphs (g)(7) (in)
and (iv) of this section that an applicant
must provide quantitative data for
certain pollutants known or believed to
be present do no) apply to pollutants
present in a discharge solely as the
result of their presence m intake water.
however, an applicant must report such
pollutants as present Grab samples
must be used for pH. temperature.
cyanide total phenols, residual chlorine.
oil and grease, fecal coliform and fecal
streptococcus For all other pollutants
24-hour composite samples must be
used However, a minimum of one grab
•sample may be taken for effluents from
holding ponds or other impoundments
with a retention penod greater than 24
hours In addition, for discharges other
than storm water discharges, the
Director may waive composite sampling
for any outfall for which (he applicant
demonstrates that the use of an
automatic sampler is infeasible and that
the minimum of four (4) grab sample*
will be a representative sample of the
effluent being discharged For storm
water discharges, all samples shall be
collected from the discharge resulting
from a storm event thai is greater than
01 inch and al least 72 hours from the
previous])' measurable (greater than 0.1
inch rainfall) storm event Where
feasible, the variance in the duration of
the event and the total rainfall of the
event should not exceed 50 percent from
the average or median rainfall event In
that area For all applicants, a Dow-
weighted composite shall be taken for
either the entire discharge or for the first
three hour* of the discharge. The flow-
weighted composite sample for a storm
water discharge may be taken with a
continuous sampler or as a combination
of a minimum of three sample aliquots
taken-in each hour of discharge for the
entire discharge or for the first three
hours of the discharge, with each aliquot
being separated by a minimum penod of
fifteen minutes (applicants submitting
permit applications for storm water
discharges under S 12226(d) may collect
flow weighted composite samples using
different protocols with respect to the
time duration between the collection of
•ample aliquofs. subject to the approval
of the Director) However, a minimum of
one grab sample may be taken for storm
water discharges from holding ponds or
other impoundments with a retention
penod greater than 24 hours For a flov>-
weighted composite sample, only one
analysis of the composite of aliquots is
required For storm water discharge
samples taken from discharges
associated with industrial activities.
quantitative data must be reported for
the grab sample taken during the first
thirty minutes (or as soon thereafter as
practicable) of the discharge for all
pollutants specified m i 122 26(c)(1) For
all storm water permit applicants taking
flow-weighted composites quantitative
data must be reported for al) pollutants
specified in 5 122 26 except pH
temperature, cyanide total phenols
residual chlorine, oil and grease fecal
coliform, and fecal streptococcus. The
Director may allow or establish
appropriate sile-specific sampling
procedures or requirements including
sampling locations, the season in which
the sampling takes place the minimum
duration between the previous
measurable storm even! and (he storm
event sampled (he minimum or
maximum level of precipitation required
for an appropriate storm event, the form
of precipitation sampled (snow melt or
rainfall] protocols fo-collecting
samples under 40 CFR part 136 and
additional lime for submiilmg dala on a
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Federal Register / Vol. 55. No. 222 / Friday. November 16. 1990 / Rules and Regulations 48063
case-by-case basis. An applicant ia
expected lo "know or have reason (o
believe" that • pollutant it present ia an
effluent based on an evaluation of the
expected use. production, or storage of
the pollutant, or on any previous
analyses for the pollutant. (For example.
any pesticide manufactured by a facility
may be expected to be present in
contaminated storm water runoff from
the facility.)
• • • • •
(k) Application requirements for new
sources and new discharges. New
manufacturing, commercial, mining and
silvicultural dischargers applying for
NPDES permits (except for new
discharges of facilities subject to the
requirements of paragraph fh) of this
section or new discharges of storm
water associated with industrial activity
which are subject to the requirements of
{ 12£26(c)(l) and this section (except as
provided by f 12Z2ofc)(l)(ii)J shall
provide the following information to the
Director, using the application forms
provided by the Director
• • • • •
4 Section 12222(b) introductory text
is revised lo read as follows
{ 122.22 Signatories to permit applications
•nd reports (applicable to State programs.
set J 123.25).
• • • • •
(b) All reports required by permits.
and other information requested by (he
Director shall be signed by a person
described in paragraph (a) of this
section, or by a duly authorized
representative of that person A person
is a duly authorized representative only
if
• • • • •
5 Section 122.26 is revised lo read as
follows
S 122 26 Storm water discharges
(applicable to State NPDES programs, §e*
5 123.25)
\a) Permit requirement (1) Prior lo
October 1,1992. discharges composed
entirely of storm water shall not be'
required lo obtain a NPDES permit
except
(i) A discharge with respect lo which
a pe~mil has been issued prior lo
Feb-uary4 1987.
(n) A discharge associated with
industrial activity (see S 122 26(a)(4J).
[in] A discharge from a large
municipal separate storm sewer system.
(ivj A discharge from a medium
municipal separate storm sewer system.
|\) A discharge which the Director, or
in Stales with approved NPDES
programs either trie Director or the EPA
Regional Administrator, determines lo
r'.nir bu'e to a violation of a water
quality standard or is a significant
contributor of pollutants to waters of the
United Stales. This designation may
include a discharge from any
conveyance or system of conveyances
used for collecting and conveying storm
water runoff or a system of discharges
from municipal separate storm tewers.
except for those discharges from
conveyances which do not require a
permit under paragraph (a)(2) of this
section or agricultural storm water
runoff which is exempted from the
definition of point source al 1122.2.
The Director may designate discharges
from municipal separate storm sewers
on a system-wide or Jurisdiction-wide
basis. In making this determination the
Director may consider the following
factors.
(A) The location of the discharge with
respect to waters of the United Slates as
denned at 40 CFR 122.2,
(B) The size of the discharge.
(C) The quantity and nature of the
pollutants discharged lo waters of the
United States: and
(D) Other relevant factors.
(2) The Director may not require a
permit for discharges of storm water
runoff from mining operations or oil and
gas exploration, production, processing
or treatment operations or transmission
facilities, composed entirely of flows
which are from conveyances or systems
of conveyances (including but not
limited to pipes, conduits, ditches, and
channels) used for collecting and
convey ing precipitation runoff and
which are nol contaminated by contact
with or that has not come into contact
with, any overburden, raw material.
intermediate products, finished product.
byproduct or waste products located on
the site of such operations.
(3] Large and medium municipal
separate storm sewer systems (i)
Permits must be obtained for all
discharges from large and medium
municipal separate storm sewer
systems.
(n) The Director may either issue one
system-wide permit covering all
discharges from municipal separate
storm sewers wilhm a large or medium
municipal storm sewer system or issue
distinct permits for appropriate
categories of discharges within a large
or medium municipal separate storm
sewer system including, but not limited
lo ail discharges owned or operated by
the same municipality, located withui
the same jurisdiction; all discharges
within a system that discharge to the
same watershed, discharges within a
system that are similar in nature, or for
individual discharges from municipal
separate slorm sewers within the
system
(in) The operator of a discharge from
a municipal separate storm sewer whirh
is part of a large or medium municipal
separate storm sewer system must
either
(A) Participate in a permit application
(to be a permit lee or a co-permittee)
with one or more other operators of
discharges from the large or medium
municipal storm sewer system which
covers all or a portion of all. discharges
from the municipal separate storm
sewer system;
(B) Submit a distinct permit
application which only covers
discharges from the municipal separate
storm sewers for which the operator is
responsible, or
(C) A regional authority may be
responsible for submitting a permit
application under the following
guidelines
(7) The regional authority together
with co-applicants shall have authority
over a storm water management
program thai is in existence, or shall be
in existence al the time part 1 of the
application is due,
(2] The permit applicant or co
applicants shall establish their ab lity to
make a timely submission of part 1 and
part 2 of the municipal application.
(3) Each of the operators of municipal
separate slorm sewers wilhm the
systems described in paragraphs |b)H)
(i). (u), and (in) or fbj(7) (i) (n). and (in)
of this section, thai are under the
purview of the designated regional
authority, shall comply with the
application requirements of paragraph
(d) of this section
(iv) One permit application may be
submitted for all or a portion of all
municipal separate storm sewers within
adjacent or interconnected large or
medium municipal separate storm sewer
systems The Director may issue one
system-wide permit covering al! or a
portion of all municipal separate slorm
sewers m adjacent or interconnected
large or medium municipal separate
storm sewer systems
(v) Permits for all or a portion of all
discharges from large or medium
municipal separate storm sewer sysiems
that are issued on a system-wide.
lunsdiction-wide watershed or other
basis may specify different conditions
relating to different discharges covered
by the permit, including different
management programs for different
drainage areas vshich contribute storm
water to the system
|vi) Co-permittees need only comply
with permit conditions relating to
discharges from (he municipal separate
storm sewers for which they are
operators
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48064
Fadaral Register / Vol. 65. No. 222 / Friday. November 16. 1990 / Rules and Regulation!
14) Discharge* through large and
medium municipal leparate storm sewer
tyttemr In addition to meeting the
requirement* of paragraph (c) of this
section, an operator of • storm water
discharge associated with industrial
activity which discharges through a
Urge or medium municipal separate
storm sewer system shall submit to the
operator of the municipal separate storm
sewer system receiving the discharge no
later than May 15.1801. or 180 days
prior to commencing such discharge: the
name of the facility, a contact person
and phone number, the location of the
discharge-, a description, including
Standard Industrial Classification.
which best reflects the principal
products or services provided by each
facility: and any existing NPDES permit
number.
(5) Other municipal teparate storm
sewers. The Director may issue permits
for municipal separate storm sewers
thst are designated under paragraph
(•)UKV) of this section on a system-wide
basis, jurisdiction-wide basis.
watershed basis or other appropriate
basis, or may issue permits for
individual discharges
(6) Non-municipal separate storm
severs For storm water discharges
associated with Industrial activity from
point sources which discharge through a
non-municipal or non-publicly owned
separate storm sewer system, the
Director, in his discretion, may issue a
single NPDES permit, with each
discharger a co-permittee to a permit
issued to the operator of the portion of
the system that discharges into waters
of the United Slates: or. individual
permits to each discharger of storm
water associated with industrial activity
through the non-municipal conveyance
system
(i) All storm water djscharges
associated with industrial activity that
discharge through a storm water
discharge system Ih.-at is not a municipal
separate storm sewer must be covered
by an individual permit, or a permit
issued to the operator of the portion of
the system that discharges to waters of
the United States, with each discharger
to the non-municipal conveyance a co-
permittee to that permit
[n) Where there it more than one
operator of a single system of such
conveyances, all operators of storm
water discharges associated with
industrial activity must submit
applications
(in) Any permit covering more than
one operator shall identify the effluent
limitations or other permit conditions, if
any thai apply to each operator
(7) Combined sewer systems
Conveyances that discharge storm
water runoff combined with municipal
sewage are point sources that must
obtain NPDES permits In accordance
with the procedures of 112Z21 and are
not subject to the provisions of this
section.
(8) Whether a discharge from a
municipal separate storm aewer is or is
not subject to regulation under this
section shall have no bearing on
whether the owner or operator of the
discharge is eligible for funding under
title n, title m or title VI of the dean
Water Act See 40 CFR part 85. subpart
L appendix A(b)rL2.|.
(b) Definition*. (1) Cb-pcrm/ttM
means a permljtee to a NPDES permit
that Is only responsible for permit
conditions relating to the discharge for
which it Is operator.
(2) Illicit discharge means any
discharge to a municipal separate storm
•ewer that Is not composed entirely of
storm water except discharges pursuant
to a NPDES permit (other than the
NPDES permit for discharges from th«
municipal separate storm sewer) and
discharges resulting from fire fighting
activities.
(3) Incorporated place means the
District of Columbia, or a city. town.
township, or village that is incorporated
under the laws of the Slate in which it is
located.
(4) Large municipal separate storm
sewer system means all municipal
separate storm sewers that are either
(i) Located in an incorporated place
with a population of 250.000 or more as
determined by the latest Decennial
Census by the Bureau of Census
(appendix F): or
(ii) Located in the counties listed in
appendix H. except municipal separate
storm sewers that are located in the
incorporated places, townships or towns
within such counties; or
(iii) Owned or operated by a
municipality other than those described
in paragraph (b)(4) (i) or (il) of this
section and that are designated by the
Director as part of the large or medium
municipal separate storm sewer system
due to the interrelationship between the
discharges of the designated storm
sewer and the discharges from
municipal separate storm sewers
described under paragraph (b)(4) (i) or
(ii) of this section. In making this
determination the Director may consider
the following factors-
(A) Physical Interconnections
between the municipal separate storm
sewers.
(B) The location of discharges from
the designated municipal separate storm
sewer relative to discharges from
municipal separate storm sewere
described In paragraph (b)(4)(i) of th
section;
(C) The quantity and nature of
pollutants discharged to waters of the
United States:
(D) The nature of the receiving waters.
and
(E) Other relevant factors, or
(iv) The Director may. upon petition.
designate as a large municipal separate
storm sewer system, municipal separate
storm sewers located within the
boundaries of a region defined by a
storm water management regional
authority based on a furisdictlonal.
watershed, or other appropriate basis
that includes one or more of the systems
described in paragraph (b)(4) (L). (n). (in)
of this section.
(S) Major municipal teparate storm
sewer outfall (or "major outfall") means
a municipal separate storm sewer outfall
that discharges from a single pipe with
an inside diameter of 36 inches or more
or its equivalent (discharge from a single
conveyance other than circular pipe"
which is associated with a drainage
area of more than 50 acres), or for
municipal separate storm sewers that
receive storm water from lands zoned
for industrial activity (based on
comprehensive coning plans or the
equivalent), an outfall that discharg'
from a single pipe with an inside
diameter of 12 inches or more or from its
equivalent (discharge from other than a
circular pipe associated with a drainage
area of 2 acres or more)
(6) Major outfall means a major
municipal separate storm sewer outfall.
(7) Medium municipal separate storm
sewer system means all municipal
separate storm sewers that are either
(i) Located in an incorporated place
with a population of 100.000 or more but
less than 250,000. as determined by the
latest Decennial Census by the Bureau
of Census (appendix G). or
(n) Located in the counties listed in
appendix I. except municipal separate
storm sewers that are located in the
incorporated places, townships or towns
within such counties, or
(in) Owned or operated by a
municipality other than those described
in paragraph (b)(4) (i) or (ii) of this
section and that are designated by the
Director as part of the large or medium
municipal separate storm sewer system
due to the interrelationship between the
discharges of the designated storm
sewer and the discharges from
municipal separate norm sewers
described under paragraph (b](4) (i) o-
(u) of thu section In making this
determination the Director may conk
the following factors
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Federal Register / Vol. 55. No. 222 / Friday. November 16. 1390 / Rules and Regulations 48065
(A) Physical interconnections
between the municipal separate storm
newer*;
(B) The location of diichargei from
the designated municipal separate storm
sewer relative to discharges from
municipal separate slonn sewers
described in paragraph (b](7)(i) of this
section;
(C) The quantity and nature of
pollutants discharged to waters of the
United States:
(D) The nature of the receiving waters.
or
(E) Other relevant factors; or
(kv) The Director may, upon petition.
designate as a medium municipal
separate storm sewer system, municipal
separate storm sewers located within
the boundaries of a region defined by a
storm water management regional
authority based on a jurlidictional,
watershed, or other appropriate basis
that includes one or more of the systems
described In paragraphs (b){7) (i), (u),
(Hi) of this section.
(8) Municipal separata storm sewer
means a conveyance or system of
conveyances (including roads with
drainage system, municipal streets.
catch basins, curbs, gutters, ditches.
man-made channels, or storm drains]
(0 Owned or operated by a State, cily.
town, borough, county, parish, district.
association, or other public body
(created by or pursuant to State law)
having jurisdiction over disposal of
sewage, industrial wastes, storm water,
or other wastes, including special
districts under Stale law such as a
sewer district, flood control district or
drainage district, or similar entity, or an
Indian tribe or an authorized Indian
tribal organization, or a designated and
approved management agency under
section 208 of the CWA that discharges
to waters of the United Stales.
(u) Designed or used for collecting or
conveying storm water
(in) Which IB not a combined sewer.
and
(iv) Which is not part of a Publicly
Owned Treatment Works (POTW) as
defined at 40 CFR 1222
(9) Outfall means a point source as
defined by 40 CFR 122 2 at the point
where a municipal separate storm sewer
discharges to waters of the United
Slates and does not include open
conveyances connecting two municipal
separate storm sewers or pipes, tunnels
or other conveyances which connect
segments of the same stream or other
valers of the United Stales and are used
o convej walers of the Umled Stales.
(10) Overburden means an> material
cf any nature, consolidated or
inconsohdaied. that overlies a mineral
r^-osii excluding topsoil or similar
naturally-occurring surface materials
that are not disturbed by mining
operations.
(11) Runoff coefficient means the
fraction of total rainfall thai will appear
at • conveyance as runoff.
(12) Significant materials Includes.
bul is not limited to: raw materials;
fuels, materials such as solvents.
detergents, and plastic pellets: finished
materials such as metafile products; raw
materials used In food processing or
production; hazardous substances
designated under section 101(14) of
CERCLA: any chemical the facility ls
required to report pursuant to section
313 of title m of SARA; fertilizers;
pesticides: and waste products such as
ashes, slag and sludga that have the
potential to be released with storm
water discharges.
(13) Storm water means storm water
runoff, snow melt runoff, and surface
runoff and drainage.
(14) Storm water discharge associated
with industrial activity means the
discharge from any conveyance which is
used for collecting and conveying storm
water and which Is directly related to
manufacturing, processing or raw
materials storage areas at an industrial
planl. The term does not include
discharges from facilities or activities
excluded from the NPDES program
under 40 CFR part 122. For the
categories of industries Identified in
paragraphs (b)(14) (1] through (x) of this
section, the term includes, but is not
limited to, storm water discharges from
industrial plant yards; immediate access
roads and rail lines used or traveled by
carriers of raw materials, manufactured
products, waste material, or by-products
used or created by the facility; material
handling sites: refuse sites; sites used for
the application or disposal of process
waste waters (as defined at 40 CFR part
401): sites used for the storage and
maintenance of material handling
equipment, sites used for residual
treatment, storage, or disposal; shipping
and receiving areas; manufacturing
buildings: storage areas (Including tank
farms) for raw materials, and
Intermediate and finished products; and
areas where industrial activity has
taken place in the past and significant
materials remain and are exposed to
storm water For the categories of
industries Identified in paragraph
(b)(14)(xi) of this section, the term
includes only storm water discharges
from all the areas (except access roads
and rail lines] that are listed in the
previous sentence where material
handling equipment or activities, raw
materials, intermediate products. Tina)
products, waste materials, by-products,
or industrial machinery Rre exposed to
storm water. For the purposes of this
paragraph, material handling activities
include the storage, loading and
unloading, transportation, or
conveyance of any raw material,
intermediate product, finished product,
by-product or waste product. The term
excludes areas located on plant lands
separate from the planta industrial
activities, such as office buildings and
accompanying parking lots as long as
the drainage from the excluded areas Is
not mixed with storm water drained
from the above described areas.
industrial facilities (Including Industrial
fadlilies that an Federally. State, or
municipally owned or operated that
meet the description of the facilities
listed in this paragraph (b)(14)(i)-(xi) of
this section) include those facilities
designated under the provisions of
paragraph (a)(l)[v) of this section. The
following categories of facilities are
considered to be engaging in "industrial
activity" for purposes of this subsection.
(I) Facilities subject to storm water
effluent limitations guidelines, new
source performance standards, or toxic
pollutant effluent standards under 40
CFR subchapter N (except facilities with
toxic pollutant effluent standards which
are exempted under category (xi) in
paragraph (b)(14) of this section):
(li) Facilities classified as Standard
Industrial Classifications 24 {except
2434). 26 (excel t 265 and 267). 28 (except
283). 29. 311. 32 (except 323). 33. 3441. 373;
(iii) Facilities classified as Standard
Industrial Classifications 10 through 14
(mineral industry) including active or
inactive mining operations (except for
areas of coal mining operations no
longer meeting the definition of a
reclamation area under 40 CFR 434 11(1)
because the performance bond issued to
the facility by the appropriate SMCRA
authority has been released, or except
for areas of non-coal mining operations
which have been Klmed from
applicable State or Federal reclamation
requirements after December 17,1890)
and oil and gas exploration, production.
processing, or treatment operations, or
transmission facilities that discharge
storm water contaminated by contact
with or thai has come Into contact with,
any overburden, raw material,
intermediate products, finished
products, byproducts or waste product*
located on the site of such operations.
(inactive mining operations are mining
sites that are not being actively mined
but which have an identifiable owner/
operator, inactive mining sites do no\
include sites where mining claims are
being maintained prior to disturbances
associated with the extraction.
beneficiatlon. or processing of min-d
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48066
Federal Register / Vol. 55. No. 222 / Friday. November 16. 1990 / Rule* and Regulation*
materials, nor sites where minimal
activities are undertaken for the sole
purpose of maintaining a mining claim):
(iv) Hazardous waste treatment.
storage, or disposal facilities, including
those that are operating under interim
status or a permit under subtitle C of
RCRA:
(v) Landfills, land application sites.
and open dumpa that receive or have
received any Industrial wastes (waste .
thai Is received from any of the facilities
described under this subsection}
including those that are subject to
regulation under subtitle D of RCRA.
(vt) Facilities involved In the recycling
of materials, including metal scrapyards.
battery reclaimers, salvage yards, and
aatoraobile junkyards, including but
limited to those classified at Standard
Industrial Classification 5015 and 5093.
(vii) Steam electric power generating
facilities. Including coal handling sites.
(viu] Transportation facilities
classified as Standard industrial
Classifies lions «l. 41. 42 (except 4221-
25). 43. 44. 45. and 5171 which have
xehicle maintenance shops, equipment
cleaning operations. Of airport deicing
operations. Only those portions of the
facility that are either involved in
vehicle maintenance (including vehicle
rehabilitation, mechanical repairs.
painting, fueling, and lubrication).
equipment cleaning operations, airport
deicing operations, or which are
otWuise identified under paragraphs
(b)(14) (iHvu) or (ixHxi) of this section
are associated with industrial activity.
(ix) Trealmeiil work* treating
domestic sewage ur any other sewage
sludge or wtmiewater treatment device
or sjstem. uned in the storage treatment.
recycling and reclamation of municipal
or domestic sewage including land
dedicaud to the disposal of sewagf
sludge that are tocdlod within the
confirms of iHp facility wi'h a ri<»8ign -
floiBJtcf l.Ortigd or more or required to
fftie an approved prctit-alnipul program
undur 40 CFR part 403 Not mr'.uded are
farmlands domestic g irdens or lands
used for sludge managemeni where
sludge is beneficially reused and which
are not physically located in the
confines of the facility, or areas that are
in compliance with section 405 of the
CWA.
M Construction activity including
clearing, grading and excavation
activities excepr operations thai remit
m the disturbance of less than five acres
of total land area which are not part of a
larger common plan of development or
sale
|xi) Facilities under Standard
Industrial Classifications 20, 21. 22. 23.
24W 25 265 Zfc7. 27. 283. 285. 30. 31
(except 311) 323 34 (except 3441) 35.36,
37 (except 373). 38. 39.4221-25. (and
whidi are not otherwise Included within
categories (iiHx)l-
(c) Application requirements fortlorm
water discharges associated with
industrial activity—(1J Individual
application. Dischargers of storm water
associated with industrial activity «re
required to apply for an individual
permit, apply fora permit through a
group application, or seek coverage
under a promulgated storm water
general permit Facilities thai ire
required to obutn an Individual permit.
or any discharge of storm water which
the Director Is evaluating for
designation (aw 40 CFR 12t52(c|) under
paragraph (aWKv) of this section snd is
not a municipal separate storm sewer.
and which is not part of a group
application described under paragraph
(cX2) of this section, shaft submit an
NPDES application in accordance with
the requirements of 1122.21 as modified
and supplemented by the provisions of
the remainder of this paragraph.
Applicants for discharges composed
entirely of storm water shall submit
Form 1 and Form 2F Applicants for
discharges composed of storm water
and non-storm water shall submit Form
1. Form 2C. and Form 2F Applicant! for
new sources or new disdxtrges (as
defined in 1122.2 of this part) composed
of storm water and non-storm vtater
shall submit Form 1. Form 2D. and Form
2F
(i| Except as provided in i 122 2e(c)0)
(ii'Hiv). to* operator of a storm water
discharge associated with industrial
activity subject to this section shall
provide
(A) A site map showing topography
(or indicating the outline of drainage
areas served by the oulfall(s) covered in
the application if a topographic map is
unavailable) of the facility including-
each of its drainage and discharge
structures, the drainage area of each
storm water outfall, paved areas and
buildings within the dramage area of
each storm water outfall, each past or
present area used for outdoor sturage or
disposal of significant materials, each
existing structural control measure to
reduce pollutants in storm water runoff.
materials loading and access areas.
areas where pesticides, herbicides, soil
conditioners and fertilizers are applied.
each of its harardous waste treatment.
storage or disposal facilities (including
each area not required to have a RCRA
permit which is used for accumulating
hazardous waste under 40 CFR 262 34).
each well where fluids from the facility
are injected underground: springs, and
other surface water bodies which
receive storm water discharges from the
facility:
(B) An estimate of the area o/
impervious surfaces (including paved
areas and building roofs) and the total
area drained by each outfall (within •
mile radius of the facility) and a
narrative description of the following
Significant materials that in the three
years prior to the submittal of this
application have been treated, stored or
disposed in a manner to allow exposure
to storm water, method of treatment.
storage or disposal of such materials:
materials managemeni practices
employed, in the three yean prior to the
submittal of this application, to
minimize contact by these materials
with storm water ranoff: materials
loading and access areas: the location.
manner and frequency in which
pesticides, herbicides, soil conditioners
and fertilicers are applied the location
and a description of existing structural
and non-structural control measures to
reduce pollutants In storm water runoff
and a description of the treatment the
storm water receives, including the
ultimate disposal of any solid or fluid
wastes other than by discharge:
(C) A certification that all outfalls that
should contain storm water discharges
associated with industrial acrivily have
been tested or evaluated for the
presence of non-storm water discharge-
which are not covered by a NPDES
permit, tests for such non-storm walt-i
discharges may include smoke tests.
fluoromptnc dye tests, analysis of
accurate schema lies, as well as other
appropriate tests The certification shall
include a description of the method
used, the date of any testing, and the on
site drainage points that were directly
observed during a test.
(D) Existing information regarding
significant leaks or spills of toxic or
hazardous pollutants at the facility that
have taken place within the three jean
prior to the submittal of this application
(E) Quantitative data based on
samples collected during storm events
and collected in accordance with
{ 122.21 of this part from all outfalls
containing a storm water discharge
associated with industrial activity foi
the following parameters
(7) Any pollutant limited in an effluen
guideline to Which the facility is subject.
(2) Any pollutant listed in the facility's
NPDES permit for its process
wastewater (if the facility is jperating
under an existing NPDES permit):
(Jl OH and grease, pH. BOD5, COD.
TSS, total phosphorus, total fQeldahl
nitrogen, and nitrate plus nitrite
nitrogen.
(4) Any information on the discharj
required under paragraph 1122J21(g)l
(ill) and (iv) of this parr;
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Federal Register / Vol. 55. No. 222 / Friday. November 16. 1990 / Rules and Regulations 48067
(5) Flow measurements or estimates of
the flow rate and the total amount of
discharge for the storm event(s)
sampled, and the method of flow
measurement or estimation; and
(fi) The date and duration (hi hours) of
the storm evenl(s) sampled, rainfall
measurements or estimates of the storm
event (in inches) which generated the
sampled runoff and the duration
between the storm event sampled and
the end of the previous measurable
(greater than 0.1 Inch rainfall) storm
•vent (in hours):
(F) Operators of a discharge which is
composed entirely of storm water an
exempt from the requirements of
1122.21 (g)(2).(g)(3).(g)(4).(g)(5).
(8)(7)(i). (g)(7)(ii). and (g)(7)(v); and
(C) Operators of new sources or new
discharges (as defined in 1122.2 of this
part) which are composed In part or
entirely of storm water must include
estimates for the pollutants or
parameters listed in paragraph
(c)(l)(i)(E) of this section instead of
actual sampling data, along with the
source of each estimate. Operators of
new sources or new discharges
composed in part or entirely of storm
water musl provide quantitative data for
the parameters listed in paragraph
(c)(l)(i)(E) of this section within two
years after commencement of discharge,
unless such data has already been
reported under the monitonng
requirements of the NPDES permit for
the discharge Operators of a new
source or new discharge which is
composed entirely of storm water are
exrmpt from the requirements of
jl2221{k)(3)(M).(k](3)(i.i).and(k](5)
(n) The operator of an existing or new
storm water discharge that is associated
with industrial activity solely under
paragraph (b)(14)(x) of this section. Is
exempt from the requirements of
i 122 21[g] and paragraph (c)(l)(i) of this
section Such operator shall provide a
narrative description of
(A) The location (including a map)
and the nature of the construction
activity.
(B) The total area of the site and the
area of the site that is expected to
undergo excavation dunng the life of the
permit
(C) Proposed measures including best
management practices to control
pollutants In storm water discharges
during construction including a bnef
description of applicable Slate and local
erosion and sediment control
requirement
(0) Proposed measures to control
pollutants in storm water discharges
thai will occur after construction
ope aliens have been completed.
mcl d>ng a bnef description of
applicable State or local erosion and
sediment control requirements:
(E) An estimate of the runoff
coefficient of the site and the increase in
Impervious area after the construction
addressed In the permit application is
completed, the nature of fill material
and existing data describing the soil or
the quality of the discharge, and
(F) The name of the receiving water.
(In) The operator of an existing or new
discharge composed entirely of storm
water from an oil or gas exploration.
production, processing, or treatment
operation, or transmission facility is not
required to submit a permit application
in accordance with paragraph (cHlMU of
this section, unless the facility:
(A) Has had a discharge of storm
water resulting In the discharge of a
reportable quantity for which
notification is or was required pursuant
to 40 CFR 117.21 or 40 CFR 302 8 at
anytime since November 16.1987. or
(B) Has had a discharge of storm
water resulting in the discharge of a
reportable quantity for which
notification is or was required pursuant
to 40 CFR 110 6 at any lime since
November 16.1987; or
(C) Contributes to a violation of a
water quality standard
(iv) The operator of an existing or new
discharge composed entirely of storai
water from a mining operation is not
required to submit a permit application
unless the discharge has come into
contact with, any overburden, raw
material. Intermediate products, finished
product, byproduct or waste products
located on the site of such operations
(v) Applicants shall provide such
other information the Director may
reasonably require under { I22.21(g)(13)
of this part to determine whether to
issue a permit and may require any
facility subject to paragraph (c)(l)(n) of
this section to comply with paragraph
(c)(l)(i) of this section
(2) Croup application for discharges
associated with industrial activity In
lieu of individual applications or notice
of intent to be covered by a general
permit for storm water discharges
associated with industrial activity, a
group application may be Tiled by an
entity representing a group of applicants
(except facilities that have existing
individual NPDES permits for storm
water] that are part of the same
subcalegory (see 40 CFR subchapter N.
part 405 to 471) or. where such grouping
is inapplicable, are sufficiently similar
as to be appropriate for general permit
coverage under } 122 28 of this part The
part 1 application shall be submitted to
the Office of Water Enforcement and
Permits. U.S EPA. 401 M Street. SW .
Washington. DC 20460 (EN-336) for
approval Once a part 1 application Is
approved, group applicants are to
submit Part 2 of the group application to
the Office of Water Enforcement and
Permits. A group application shall
consist of-
(I) Part 1 Part 1 of a group application
shall:
(A) Identify the participants in the
group application by name and location.
Facilities participating in the group
application shall be listed in nine
subdivisions, based on the facility
location relative to the nine
precipitation zones Indicated in
appendix E to this part.
(B) Include a narrative description
summarizing the Industrial activities of
participants of the group application and
explaining why the participants, as a
whole, are sufficiently similar to be a
covered by a general permit
(C) Include a list of significant
materials stored exposed to
precipitation by participants in the
group application and materials
management practices employed to
dimmish contact by these materials with
precipitation and storm water runoff.
(D) Identify ten percent of the
dischargers participating in the group
application (with a minimum of 10
dischargers, and either a minimum of
two dischargers from each precipitation
zone indicated in appendix E of this part
in which ten or more members of the
group are located, or one discharger
from each precipitation zone indicated
in appendix E of this part in which nine
or fewer members of the group are
located) from which quantitative data
will be submitted in part 2. If more than
1,000 facilities are identified m a group
application, no more than 100
dischargers must submit quantitative
data in Part 2 Groups of between four
and ten dischargers may be formed
However, in groups of between four ana
ten. at least half the facilities must
submit quantitative data and at least
one facility in each precipitation zone in
which members of the group are located
must submit data A description of why
the facilities selected to perform
sampling and analysis are
representative of the group as a whole in
terms of the information provided in
paragraph (c)(l) (i)(B) and (i)(C) of this
section, shall accompany this section
Different factors impacting the nature of
the storm water discharges such as
processes used and material
management shall be represented to
the extent feasible in a manner roughly
equivalent to their proportion in the
group
(n) Part 2 Part 2 of a group
application shall contain quantitative
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Federal Register / Vol. 55. No. 222 / Friday. November 16. 1990 / Rules and Regulations
data (NFDES Form 2F). •• modified by
paragraph (c)(l) of thii lection. 10 that
when part 1 and part 2 of the group
application are taken together, a
complete NPDES application (Form 1.
Form 2C. and Form 2F) can be evaluated
for each discharger identified in
paragraph (c)[2)li)(D) of thii section.
(d) Application requirements for large
and medium municipal teparate it arm
newer ditcharge*. The operator of a
discharge from a Urge or medium
municipal separate storm sewer or a
municipal separate storm sewer that is
designated by the Director under
paragraph (aj(l)(v) of this section, may
submit a Jurisdiction-wide or system-
wide permit application. Where more
than one public entity owns or operates
• municipal separate storm sewer within
a geographic area (including adjacent or
interconnected municipal separate
storm sewer systems), such operators
may be a coapplicanl to the same
application. Permit applications for
discharges from large and medium
municipal storm sewers or municipal
storm sewers designated under
paragraph taHl)(v) of this section shall
include.
(1) Part 1 Part 1 of the application
shall consist of.
ond the service boundaries of
the municipal storm sewer system
covered by the permit application. The
following in forma non-shall be provided:
U) The location of known municipal
storm sewer system ontfalls discharging
to wafers of the United Stales:
(2] A description of the land vae
activities (e.g divisions Indicating
undeveloped, residential commercial.
agricultural and industrial uses)
accompanied with estimates of
population densities and projected
growth for a ten year period within the
drainage are* served by the separate
Storm sewer. For each land use type, an
estimate of an average runoff coefficient
shall be provided;
(31 The location and a description of
the activities of the facility of each
currently operating or dosed municipal
UndfHl or other treatment, storage or
disposal facility for municipal waste;
(4) The location and the permit
number of any known discharge to the
municipal storm sewer that has been
issued a NFDES permit;
(5) The location of major structural
controls for storm water discharge
(retention basins, detention basins.
major infiltration devices, etc.): and
(fl) The Identification of publidy
owned parks, recreational areas, and
other open lands.
(rv) Ditcharge characterization (A)
Monthly mean rain and snow fall
estimates (or summary of weather
bureau data) and the monthly average
number of storm events
(B) Existing quantitative data
describing the volume and quality of
discharges from the municipal storm
sewer, including a description of the
outfalls sampled, sampling procedures
and analytical methods used.
(C) A list of water bodies that receive
discharges from the municipal separate
storm sewer system, including
downstream segments, lakes and
estuaries, where pollutants from the
system discharges may accumulate and
cause water degradation and a bnef
description of known water quality
impacts At a minimum, the description
of impacts shall include a description of
whether the water bodies receiving such
discharges have been:
(;) Assessed and reported in section
30S(b) reports submitted by the State.
the basis for the assessment (evaluated
or monitored), a summary of designated
use support and attainment of Clean
Water Act (CWA] goals (fuhable and
swimmable waters), and causes of
nonsupport of designated uses.
[2] Lirted under section 304(lKl)(A)(i).
section 304fl)(D( A)(n). or section
3M(IH1HB) of the CWA that is not
expected to meet water quality
standards or water quality goals.
(5) Listed In State Nonpomt Source
Assessments required by section 319(a)
of the CWA that without additional
action to control noopoint sources of
pollution, cannot reasonably be
expected to attain or maintain water
quality standards due to storm sewet
construction, highway maintenance an*
runoff from municipal landfills and
municipal sludge adding significant
pollution (or contributing to a violation
of water quality standards):
(4) Identified and classified according
to eutrophic condition of publicly owned
lakes listed In Stale reports required
under section 314(a) of the CWA
(inclade the following: A description of
those publidy owned lakes for which
uses are known to be Impaired; a
description of procedures, processes and
methods to control the discharge of
pollutants from municipal separate
storm sewers into such lakes; and a
description of methods and procedures
to restore the quality of such lakes);
(5) Areas of concern of the Great
Lakes Identified by the International
Joint Commission:
(6) Designated estuaries under the
National Estuary Program tmder section
320 of the CWA:
(7) Recognized by the applicant as
highly valued or sensitive waters;
{8} Defined by the State or U.S. Fish
and Wildlife Servtces's National
Wetlands Inventory as wetlands: and
(9) Found to have pollutants in bottom
sediments, fish tissue or biosurvey data.
(D) Field tcreening. Results of a fir
screening analysis for illicit connect
and illegal dumping for either selected
field screening points or major outfalls
covered in the permit application. At a
minimum, a screening analysis shall
include a narrative description, for
either each field screening point or
major outfall, of visual observations
made during dry weather periods. If any
flow Is observed, two grab samples shall
be collected during a 24 hour period
with a minimum penod of four hours
between samples. For all such samples.
a narrative description of the color.
odor, turbidity, the presence of an oil
sheen or surface scum as well as any
other relevant observations regarding
the potential presence of non-storm
water discharges or illegal dumping
shall be provided In addition, a
narrative description of the results of a
field analysis using suitable methods to
estimate pH. total chlorine, total copper.
total phenol, and detergents (or
surfactants) shall be provided along
with a description of the flow rate.
Where the field analysis does not
involve analytical methods approved
under 40 CFR part 138. the applicant
shall provide a description of the
method used Including the name of the
manufacturer of the test method alon»
with the range and accuracy of the '
Field screening points shall be eithe.
major outfalls or other outfall points for
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Federal Regiiter / Vol 55. No. 222 / Friday. November 16. 1990 / Rules and Regulation
any other point of access such at
manholes) randomly located throughout
the storm Mwer sysiem by placing a
grid over a drainage system map and
identifying those cells of the grid which
contain a segment of the storm sewer
system or major outfall The field
screening points shall be established
using the following guidelines and
criteria:
(7) A grid system consisting of
perpendicular north-south and east-west
lines spaced V* mile apart shall be .
overlayed on a map of the municipal
storm sewer system, creating a series of
cells;
17) All cells that contain a segment of
the storm sewer system shall be
identified: one field screening point shall
be selected in each cell; major outfalls
may be used as field screening points;
[3] Field screening points should be
located downstream of any sources of
suspected illegal or illicit activity;
(4) Field screening points shall be
located to the degree practicable at the
farthest manhole or other accessible
location downstream in the system,
within each cell, however, safety of
personnel and accessibility of the
location should be considered in making
this determination;
[5] Hydrologica! conditions; total
drainage area of the site: population
density of the site, traffic density; age of
the structures or buildings in the area;
history of the area; and land use types;
(6) For medium municipal separate
storm sewer systems, no more than 250
cells need to have Identified field
screening points, in large municipal
separate storm lewer systems, no more
than 500 cells need to have identified
field screening points, cells established
by the gnd that contain no storm sewer
segments will be eliminated from
consideration, if fewer than 250 cells in
medium municipal sewers are created.
and fewer lhan 500 in large systems are
created by the overlay on the municipal
sewer map then all those cells which
contain a segment of (he sewer system
shall be subject to field screening
(unless access to the separate storm
sewer system is impossible), and
[7] Large or medium municipal
separate storm sewer systems which are
unable to utilize the procedures
described in paragraphs (d](l)(iv)[D) [I]
through (£) of this section, because a
sufficiently detailed map of the separate
storm sewer systems is unavailable,
shall field screen no more than 500 or
25P major outfalls respectively (or all
major outfalls ui the system, if less), in
such circumstances, the applicant shall
establish a gnd s>stem consisting of
norih-soalh and east-west lines spaced
\\ IT ile aparl as an overlay to the
boundaries of the municipal storm sewer
system, thereby creating a series of
cells; the applicant will then select
major outfalls in as many cells aa
possible until at least 500 major outfalls
(large municipalities} or 250 major
outfall* (medium municipalities) are
•elected; a field screening analysis shall
be undertaken at these major outfalls.
(E) Characterization plan. Information
and a proposed program to meet the
requirements of paragraph (d)(2)(Ui) of
this section. Such description shall
include: the location of outfall* or field
screening points appropriate for
collect
representative data collection under
paragraph (d)(2)(UI)(A) of this section, t
description of why the outfall or field
screening point is representative, the
seasons during which sampling Is
intended, a description of the sampling
equipment The proposed location of
outfalls or field screening'points for such
sampling should reflect water quality
concerns [see paragraph (d)(l)(iv)(C) of
this section] to the extent practicable.
(v) Management program*. (A) A
description of the existing management
programs to control pollutants from the
municipal separate storm sewer system.
The description shall provide
information on existing structural and
source controls, including operation and
maintenance measures for structural
controls, that are currently being
Implemented- Such controls may
include, but are not limited to.
Procedures to control pollution resulting
from construction activities.' floodplain
management controls; wetland
protection measures; best management
practices for new subdivisions, and
emergency spill response program*. The
description may address controls
established understate law as well aa
local requirements.
(B) A description of the existing
program to identify illicit connections to
the municipal storm tewer system. The
description should include inspection
procedures and methods for detecting
and preventing illicit discharges, and
describe areas where this program has
been Implemented.
\v\) Fiscal resources. (A) A
description ol the financial resources
currently available to the municipality
to complete part 2 of the permit
application. A description of the
municipality's budget for existing storm
water programs, Including an overview
of the municipality's financial resources
and budget, including overall
indebtedness and assets, and sources of
funds for storm water programs.
(2) Part 2. Part 2 of the application
shall consist of.
(I) Adequate legal authority. A
demonstration that the applicant can
operate pursuant to legal authority
established by statute, ordinance or
series of contracts which authorizes or
enables the applicant at a minimum to.
(A) Control through ordinance, permit,
contract, order or similar means, the
contribution of pollutants to the
municipal storm sewer by storm water
discharges associated with industrial
activity and the quality of storm water
discharged from sites of industrial
activity,
(B) Prohibit through ordinance, order
or similar means, illicit discharges to the
municipal separate storm sewer
(C) Control through ordinance, order
or similar means the discharge to a
municipal separate storm sewer of
•pills, dumping or disposal of materials
other than storm water
(D) Control through interagency
agreements among cospplicants the
contribution of pollutants from one
portion of the municipal system to
another portion of the municipal system:
(E) Require compliance with
conditions In ordinances, permits.
contracts or orders; and
(F) Carry out all inspection.
surveillance and monitoring procedures
necessary to determine compliance and
noncompbance with permit conditions
including the prohibition on illicit
discharges to the municipal separate
storm sewer.
(ii) Source identification The location
of any major outfall that discharges to
waters of the United States that was not
reported under paragraph (d)(l)(iii)(B]( J)
of this section Provide an inventory.
organized by watershed of the name and
address, and a description (such as SIC
codes) which best reflects the principal
products or services provided by each
facility which may discharge, to the
municipal separate storm sewer, storm
water associated with industrial
activity.
(ill) Characterization data When
"quantitative data" for a pollutant are
required under paragraph
(d)(a)(ui}(A}(3) of this paragraph, the
applicant must collect a sample of
effluent in accordance with 40 CFR
122.2K.gN7) and analyze U for the
pollutant in accordance with analytical
methods approved under 40 CFR part
136. When no analytical method is
approved the applicant may use any
suitable method but must provide a
description of the method. The applicant
must provide information characterizing
the quality and quantity of discharges
covered in the permit application.
Including'
(A) Quantitative data from
representative outfalls designated by the
Director (based on information received
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48070 Federal Register / Vol. 55. No. 222 / Friday. November 16. 1990 / Rules and Regulations
in part 1 of the application, (he Director
•hall dengnate between five and ten
outfalli or Held icreening pomli as
representative of the commercial.
residential and industrial land use
activities of the drainage area
contributing to the system or. where
there are less than five outfalls covered
in the application, the Director shall
designate all outfalls) developed as
follows
(1] For each outfall or Held screening
point designated under this
•ubparagraph, samples shall be
collected of storm water discharges from
three storm event* occurring at least one
month apart in accordance with the
requirements at 1122.21(g)(7) (the
Director may allow exemptions to
sampling three storm events when
climatic conditions create good cause
for such exemptions).
(2) A narrative description shall be
provided of the date and duration of the
storm evenl(s) sampled, rainfall
estimates of Ihe storm event which
generated the sampled discharge and
Ihe duration between the storm event
sampled and the end of the previous
measurable (greater than 0 1 inch
rainfall] storm event.
(3\ For samples collected and
described under paragraphs (d)(2)(iu)
(A)(7) and (A)(2) of this section.
quantitative data shall be provided for
Ihe organic pollutants listed in Table II.
the pollutants listed in Table 111 (toxic
metals, cyanide and total phenols) of
appendix D of 40 CFR part 122. and for
the following pollutants
Total impended lolids (TSS|
Total diMolved lolidi (TDS)
COD
BOD>
Oil and greasr
Fecal coliform
Fecal itreptococcus
pH
Total Kjeldahl nitrogen
Nitralf plus mime
Dinolved phosphorus
Total ammonia plus organic nitrogen
Total phosphorus
[4] Additional limited quantitative
data required by the Director for
determining permit conditions (the
Director may require that quantitative
data shall be provided for additional
parameters, and may establish sampling
conditions such as the location, season
of sample collection, form of
precipitation (snow meh, rainfall) and
other parameters necessary to insure
representativeness)
(B) Estimates of Ihe annual pollutant
load of the cumulative discharges to
waters of the United States from all
identified municipal outfalls and the
event mean concentration o( the
cumulative discharges lo waters of the
United States from all identified
municipal outfalls during a storm event
(as described under ( I22.21(c)(7)) for
BOD,. COD. TSS. dissolved solids, total
nitrogen, total ammonia plus organic
nitrogen, total phosphorus, dissolved
phosphorus, cadmium, copper, lead, and
zinc. Estimates shall be accompanied by
a description of the procedures for
estimating constituent loada and
concentrations. Including any modelling.
data analysis, and calculation methods;
(C) A proposed schedule to provide
estimates for each major outfall
identified in either paragraph (d)(Z){ii) or
(d)(l)(iiiXB)U) of this section of the
seasonal pollutant load and of the event
mean concentration of a representative
storm for any constituent detected in
any sample required under paragraph
(d)(2)(iii)(A) of this section: and
(D) A proposed monitoring program
for representative data collection for the
term of the permit that describes the
location of outfalls or field screening
points to be sampled (or the location of
instream stations), why the location is
representative, the frequency of
sampling, parameters to be sampled.
and a description of sampling
equipment
(iv] Proposed management program A
proposed management program covers
the duration of Die permit It shall
include a comprehensive planning
process which involves public
participation and where necessary
intergovernmental coordination, to
reduce the discharge of pollutants lo the
maximum extent practicable using
management practices, control
techniques and system, design and
engineering methods, and such other
provisions which are appropriate. The
program shall also include a description
of staff and equipment available to
Implement the program Separate
proposed programs may be submitted by
each coapplicanl. Proposed programs
may impose controls on a systemwide
basis, a watershed basis, a Jurisdiction
basis, or on individual outfalli. Proposed
programs will be considered by the
Director when developing permit
conditions to reduce pollutants in
discharges to the maximum extent
practicable Proposed management
programs shall describe priorities for
implementing controls Such programs
shall be based on.
(A) A description of structural and
source control measures to reduce
pollutants from runoff from commercid!
and residential areas that are
discharged from the municipal storm
sewer system that are to be
implemented during Ihe life of the
permit accompanied with an estimate of
the expected reduction of pollutant
loads and a proposed schedule for
implementing such controls At a
minimum, the description shall include.
(J) A description of maintenance
activities and a maintenance schedule
for structural controls lo reduce
pollutants (including floatables) in
discharges from municipal separate
storm sewers;
(2) A description of planning
procedures Including a comprehensive
master plan to develop. Implement and
enforce controls to reduce Ihe discharge
of pollutants from municipal separate
•tonn Mwers which receive discharges
from areas of new development and
significant redevelopment. Such plan
•hall address controls to reduce
pollutant* in discharges from municipal
separate storm sewers after construction
la completed. (Controls to reduce
pollutants in discharges from municipal
separate storm sewers containing
construction site runoff are addressed in
paragraph (d](2){lv)(D) of this section.
(3) A description of practices for
operating and maintaining public
streets, roads and highways and
procedures for reducing the impact on
receiving waters of discharges from
municipal storm sewer systems.
including pollutants discharged as a
result of deicing activities.
(4) A descnption of procedures to
assure that flood management projects
assess the impacts on the water quality
of receiving water bodies and that
existing structural flood control devices
have been evaluated lo determine if
retrofitting the device to provide
additional pollutant removal from storm
water is feasible.
(5) A descnption of a program lo
monitor pollutants in runoff from
operating or closed municipal landfills
or other treatment, storage or disposal
facilities for municipal waste, which
shall identify priorities and procedures
for inspections and establishing and
implementing control measures for such
discharges (this program can be
coordinated with the program developed
under paragraph (d)(2)(iv)(C) of this
section), and
(6) A description of a program to
reduce to the maximum extent
practicable, pollutants in discharges
from municipal separate storm sewers
associated with the application of
pesticides, herbicides and fertilizer
which will Include, as appropriate.
controls such as educational activities.
permits, certifications and other
measures for commercial applicators
and distributors, and controls for
application in public right-of-ways am
at municipal facilities
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Federal Register / Vol 55. No. 222 / Friday. November 16. 1890 / Rules and Regulations
48071
(D) A deicnption of a program.
Including a schedule, to detect and
remove (or require the discharger lo the
municipal separate alorm sewer to
obtain a separate NPDES permit for)
illicit discharges and improper disposal
into the storm sewer. The proposed
program shall include:
(7) A description of a program.
including inspections, lo implement and
enforce an ordinance, orders or similar
means to prevent illicit discharges to the
municipal separate storm sewer system;
this program descilption shall address
all types of illicit discharges, however
the following category of non-storm
water discharges or flows shall be
addressed where such discharges are
identified by the municipality as sources
of pollutants to \vaters of the United
States: water line flushing, landscape
irrigation, diverted stream flows, rising
ground waters, nncontaminated ground
water infiltration (as defined at 40 CFR
35.2005(20}] lo separate storm sewers,
uncomlarainated pumped ground water,
discharges from potable water sources.
foundation drains, air conditioning
condensation, irrigation water, springs.
water from crawl space pumps, footing
drains, lawn watering, individual
residential car washing, flows from
npanan habitats and wetlands.
dechlonnated swimming pool
discharges, and street wash water
(program descriptions shall address
discharges or Hows from fire fighting
only where such discharges or flows are
identified as significant sources of
pollutants to waters of the United
Stales).
[2] A description of procedures to
conduct on-going field screening
activities dunng the life of the permit.
including areas or locations that will be
evaluated by such field screens,
(3) A descnption of procedures to be
followed to investigate portions of the
separate storm sewer system that, based
on the results of the field screen, or
other appropriate information, indicate a
reasonable potential of containing illicit
discharges or other sources of non-storm
water (such procedures may include
sampling procedures for constituents
such as fecal cohform. fecal
streptococcus, surfactants (MBAS).
residual chlorine, fluorides and
potassium, testing with fluoromelnc
dyes, or conducting in storm sewer
inspections where safety and other
considerations allow. Such description
shall include the location of storm
sewers that have been identified for
such exalualion).
(<) A descnption of procedures to
prevent contain, and respond to spills
that ma> discharge into the municipal
separate storm sewer
(5) A description of a program to
promote, publicize, and facilitate public
reporting of the presence of illicit
discharges or water quality impacts
associated with discharges from
municipal separate storm sewers:
(0) A description of educational
acbvities. public information activities.
and other appropriate activities to
facilitate the proper management and
disposal of used oil and toxic materials:
and
(7) A description of controls to limit
infiltration of seepage from municipal
sanitary sewers to municipal separate
storm sewer systems where necessary;
(C) A description of • program to
monitor and control pollutants in storm
water discharges to municipal systems
from municipal landfills, hazardous
waste treatment, disposal and recovery
facilities, industrial facilities that are
subject to section 313 of title m of the
Superfund Amendments and
Reauthorizetion Act of 1986 (SARA).
and industrial facilities that the
municipal permit applicant determines
are contributing a substantial pollutant
loading to the municipal storm sewer
system. The program shall:
(7) Identify priorities and procedures
for inspections and establishing and
implementing control measures for such
discharges;
(2) Describe a monitoring program for
storm water discharges associated with
the Industrial facilities identified in
paragraph (d)(2)(iv)(Q of this section, to
be implemented dunng the term of the
permit. Including the submission of
quantitative data on the following
constituents- any pollutants limited in
effluent guidelines subcategories. where
applicable: any pollutant bated in art
existing NPDES permit for a facility: oil
and grease. COD. pH. BOD». TSS. total
phosphorus, total Kjeldahl nitrogen.
nitrate plus nitrite nitrogen, and any
information on discharges required
under 40 CFR 122 21(g)(7) (in) and (iv)
(D) A description of a program to
implement and maintain structural and
non-structural best management
practices to reduce pollutants in storm
water runoff from construction sites to
the municipal storm sewer system.
which shall include-
(7) A description of procedures for site
planning which Incorporate
consideration of potential water quality
impacts:
[2] A description of requirements for
nonslructural and structural best
management practices;
[3] A descnption of procedures for
identifying priorities for Inspecting sites
and enforcing control measures which
consider the nature of the construction
activity, topography, and the
characteristics of soils and receiving
water quality, and
(4) A description of appropriate
educational and treming measures for
construction site operators.
(v) Assessment of'controls. Estimated
reductions in loadings of pollutants from
discharges of municipal storm sewer
constituents from municipal storm sewer
systems expected as the result of the
municipal storm water quality
management program. The assessment
shall also identify known impacts of
storm water controls on ground water.
(vi) Fiscal analysis. For each fiscal
year to be covered by the permit, a
fiscal analysis of the necessary capital
and operation and maintenance
expenditures necessary to accomplish
the activities of the programs under
paragraphs (d)(2) (in) and (iv) of this
section. Such analysis shall include a
description of the source of funds that
are proposed to meet the necessary
expenditures, including legal restrictions
on the use of such funds.
(vii) Where more than one legal entity
submits an application, the application
shall contain a description of the roles
and responsibilities of each legal entity
and procedures to ensure effective
coordination.
(viii) Where requirements under
paragraph (d)(l)(iv)(E). (d)(2)(ii).
(d)(2)(in)(B) and (d)(2)(iv) of this section
are not practicable or are not applicable,
the Director may exclude any operator
of a discharge from a municipal separate
storm sewer which is designated under
paragraph (a)(l)(v). (b)(4)(u) or (b)(7)(n)
of this section from such requirements.
The Director shall not exclude the
operator of a discharge from a municipal
separate storm sewer identified in
appendix F, C. H or I of part 122. from
any of the permit application
requirements under this paragraph
except where authorized under this
section
(e) Application deadlines Any
operator of a point source required to
obtain a permit under paragraph (a)(l)
of this section that does not have an
effective NPDES permit covering its
storm water outfalls shall submit an
application in accordance with the
following deadlines
(1) For any storm water discharge
associated with industrial activity
identified in paragraph (b)(14) (iH*>) of
this section, that is not part of a group
application as described in paragraph
(c)(2) of thrs section or which is not
covered under a promulgated storm
water general permit, a permit
application made pursuant to paragraph
(c) of this section shall be submitted to
the Director by November 18.1991.
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46072 Federal RegUtai / Vol SS. No. 222 / Friday. November 16. 1990 / Rules and Regulation!
(2) For any group application
submitted In accordance with paragraph
(c)(2) of this section:
(i) Part 1 of the application ihall be
submitted to the Director. Office of
Water Enforcement and Permit* by
March 18,1001;
(II) Bated on information In the part 1
application, the Director will approve or
deny the members in the group
application within 60 days after
receiving part 1 of the group application.
(ill) Part 2 of the application shall be
rabmltled to the Director. Office of
Water Enforcement and Permits no later
than 12 months after die data of
approval of the part 1 application.
(iv) Facilities that are refected as
members of a group by the permitting
authority shall have 12 months to file an
Individual permit application from the
date they receive notification of their
rejection
(v) A facility listed under paragraph
(b)(H) (
the part l application the Director will
approve or deny a sampling plan under
paragraph (d)(l)(iv)[E) of this section
within 90 days after receiving the part 1
application
(Hi) Part 2 of the application shall be
submitted to the Director by May 17.
1903.
(5) A permit application shaU-fce
submitted to the Director within 00 days
of notice, unless permission for a later
date Is granted by the Director (tee 40
CFRl24.52(c)).for.
(I) A storm water discharge which the
Director, or In Slates with approved
NPDES programs, either the Director or
the EPA Regional Administrator,
determines that the discharge
contributes to a violation of a water
quality standard or is a significant
contributor of pollutants to waters of the
United States (see paragraph (a)(l)(v) of
this section);
(II) A storm water discharge subject to
paragraph (c)[l)(v) of this section.
(6) Faculties with existing NPDES
permits for storm water discharges
associated with industrial activity shall
maintain existing permits. New
applications shaU be submitted in
accordance with the requirements of 40
CFR 122£1 and 40 CFR 122.26(c) 180
days before the expiration of such
permits. Facilities with expired permits
or permits due to expire before May 16.
1992. shall submit applications In
accordance with the deadline set forth
under paragraph (c)(l) of this section.
(f) Petitions. (1) Any operator of a
municipal separate storm sewer system
may petition the Director to require a
separate NPDES permit (or a permit
issued under an approved NPDES State
program) for any discharge Into the
municipal separate storm sewer system.
(2) Any person may petition the
Director to require a NPDES f ennM for a
discharge which is composed entirely of
storm water which contributes to a
violation of a water quality standard or
is a significant contributor of pollutants
to waters of the United States.
(3) The owner or operator of a
municipal separate storm sewer system
may petition the Director to reduce the
Census estimates of the population
served by such separate system to
account for storm water discharged to
combined sewers as defined by 40 CFR
35 2005(b)(ll) that is treated In a
publicly owned treatment works In
municipalities In which combined
sewers are operated, the Census
estimates of population may be reduced
proportional to the fraction, based on
estimated lengths, of the length of
combined sewers over the sum of the
length of combined sewers and
municipal separate storm sewers where
an applicant has submitted the NPDES
permit number associated with each
discharge point and a map indicating
areas served by combined sewers and
the location of any combined sewei
overflow discharge point
(4) Any person may petition the
Director for the designation of a large or
medium municipal separate storm sewer
system as defined by paragraphs
(b)(4)(lv) or (b)(7)(iv) of this section.
(5) The Director shall make a final
determination on any petition received
under this section within 00 daya after
receiving the petition.
ft. Section 12L26(bX2)(l) is revised to
read as follows:
112241 Oanetal parsnlla (appleabls to
•tat* NPDES progrsma, SJM 112U5).
• •*••>
(b) ' ' '
(2) Requiring an individual permit, (i)
The Director may require any discharger
authorized by a general permit to apply
for and obtain an Individual NPDES
permit Any Interested person may
petition the Director to take action
under this paragraph. Cases where an
individual NPDES permit may be
required Include the following:
(A) The discharger or "treatment
works treating domestic sewage" is not
in compliance with the conditions of the
general NPDES permit
(B) A change has occurred in the
availabibty of demonstrated techno
or practices for the control or abate
of pollutants applicable to the point
source or treatment works treating
domestic sewage.
(C) Effluent limitation guidelines are
promulgated for point sources covered
by the general NPDES permit.
(D) A Water Quality Management
plan containing requirements applicable
to such point sources is approved.
(E) Circumstances have Changed since
the time of the request to be covered so
that the discharger is ne longer
appropriately controlled under the
general permit, or either a temporary or
permanent reduction or elimination of
the authorized discharge is necessary.
(F) Standards for sewage sludge use
or disposal have been promulgated for
the sludge use and disposal practice
covered by the general NPDES permit.
or
(C) The discharge(s) is a significant
contributor of pollutants. In making this
determination, the Director may
consider the following factors:
[1] The location of the discharge with
respect to waters of the United States.
[2] The size of the discharge;
[3] The quantity and nature of the
pollutants discharged to waters of the
United States, and
(4) Other relevant factors.
-------
Federal Register / Vol. 55. No. 222 / Fnday. November 16. 1990 / Rdes and Regulations 4M73
7. Section 122.42 li amended by
addlnq paragraph (c) to read as follows.
fltt.42 AMWonaloondWoittappacaMe
to apecffied categories, of NPDES permits
(apptcaMe to SUM NPOCS programs, M«
I123JS).
(c) Municipal teparate storm sewer
systems. The operator of a large or
medium municipal separate ilonn sewer
system or a municipal separate storm
•ewer (hat has been designated by the
Director under ft 122-2«{a)(l)(v) of this
part must submit an annual report by
the anniversary of the dale of the
issuance of the permit for such system
The report shall include
(1) The status of implementing the
components of the storm water
management program that are
established as permit conditions.
(2) Proposed changes to the storm
waler management programs that are
established as permit condition Such
proposed changes shall be consistent
with 1122.26(d)(2)(lii) of this part and
(3) Revisions. If necessary, lo the
assessment of controls and the fiscal
analysis reported in the permit
application under S 122 26(d)(2)(iv)
(d)(2)(v) of this part.
(4) A summary of data including
monitoring data, that is accumulated
throughout the reporting yean
(5) Annual expenditures and budget
for year following each annual report;
(6) A summary describing the number
and nature of enforcement actions.
inspections, and public education
programs;
(7) Identification of water quality
improvements or degradation;
7a. Part 122 is amended by adding
appendices E through I as follows:
Appendix E to Part 122—Rainfall Zones • of the United Stales
Not Shown AlaiV.1 (Zone 7). Hiwah (Zone
7). Northern Manana Itlandi (Zone 7)- Guam
(Zone 7). American Samoa (Zone 7). Trial
Territory of (he Pacific Iilandi (Zone 7}
Puerto Rico (Zone 3) Virgin Idandi (Zone 3)
Source Methodology for Analytu of
Detention Bailni for Control of Urban Runoff
Quality prepared for U S Environmental
Protection Agency, Office of Water. Nonpoml
Source Divlnon Washington DC
Appendix F to Part 122— Incorporated
Places With Populations Greater Than
250.000 According to Latest Decennial
Census by Bureau of Census.
Slal*
Alabama
Arizona - -
CaUoma
Moorpordad ptict
Brnnpham.
Pftoanx.
Tucton
UtXHtBekcn.
Loa Angam
OaUand
Sacra/nenio.
San Dwoo
SanFraneaco
SanJoM
State
Colorado . _
Dwncl ol Cokjn** .. -
Flonda
GacxQia -. — - — — —
Nknoa
Incftana
Kansaa
Kentucky
LrMSiana . -
Maryland
Maisacnusetu
Mchigan
Minnesota
Incorporated place
Danvar
Jacfcaonvriie
Miami
Tampa.
Atlanta.
Chicago.
kxMnapoia
Wcruu.
LOittvtfie
New Or* an*.
Bartwnonx
Botlon ^
Detroit.
KiwwaiMXn
St. PaJ
-------
Federal KepsUi / Vol S5. No. C2 / Friday. November 16. 199u / Rulea and Regulation*
SUM
Uasoun
M^vlt». . , .
NewJertay
**•" tfir*
North Caroina
Oho
Penney«vana --
TenneSMe
Tens
Wgna . —
WdSltngton _ _ — _
W«€0ffc" _ _
Kama*C*r
SLLoua.
Omaha.
II • aart
New*.
ASMOJuerque
ButMa
itafu Borough.
Brooklyn Borough
Suianbum) Borough
Charlotte
Gnome*
OMototf.
Cotumbue.
Toledo
OtttaMCMV
Tirisa.
Portland.
PhtadetpN*
Pittsburgh
Memo**
NairivHe/Datfldson
Austin
Dallas
BPno
Fort wxyig«
Mas*
Tempt-
UIPV FHOC*
Aianem
BakfKiAeic
B*^t*e,
Concoxt
{fie/not
FlC*no
Fuie^cxi
Gi'dan G>ove
Gtencuie
Hunnngton B«»ch
Mooeslo
Ouiwtt
Pisaoena
Q_^M^M^
np^rwM
San 6«r«Ktno
Sanu Ana
S loc* ion
Surinyvate
TowBnoa
. Awota.
Colorado Spnngt
L»»^>o
SouBiBena.
Gadar Aaprta.
OMMport.
OMUokMt.
KancatCMy
Topeka.
Baton Rouge
Shrevepon
SprtngteU
Woroeuer
Am Artxx
FbiL
Grand Rapos
Lansing
Lnronva.
SlwWig HegftU.
Warren
Jack ion
Independence
SpmotoU.
Lncdn
Lai Veoat
Reno
Eizabeuv
Jer»ey&t>
Parson
Albany
Anfl^k^M^^
• WMi^V^F
Sricuse.
Yonkei*
CXirham.
Greansboro
Ra-eigh
VJinsion-Saie<"
Akron.
Dayton
Voungsiowi>
Eugeie
AHentown
Ene
Providence
C«
Farla*
Mng
ntie* will
taaWMia
According
i by Ike
1 In nr rmlli I ml
vMHrUi|miai
•d urtoenmtf
popuiaton
•IMM
40JA4
304.7M
fS7.1W
m.»tt
•Hjn
eaa.m
>n.4sa
eot^oe
447.tn
4S0.1SS
404.801
304^32
527.178
336.800
AppMdix 1 to Part UZ— Counliet \Vitb
Unincorporated Urbanized Areas
Greater Than 100MO. But Laaa Than
ZSO.WO According to the Utett
Decennial Censni by toe Bureau of
Ceimi»
Suie
Alalama
Anzona « . ^
Cali
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Federal Register / Vol. 55. No. 222 / Friday. November 16. 1990 / Rulea and Regulations 48075
Authority: Clean Water Act. S3 US C. 1251
ttttq-
0. Section 123.25 it amended by
reviling paragraph (a)(B) to read ai
follow*:
I12UC Requirement* lor permitting.
I")'**
(9) 1122.26—{Storm water
discharge!);
PART 124—PROCEDURES FOR
DECIS1ONMAKINO
10. Toe authority citation for part 124
continue* to read at follows:
Authority. Resource Contervatlon and
Recovery Act 42 U.S.C. 6901 91 «0q.; Safe
Drinking Water Act. 42 U S C 300f «f f«J.
aean Water Act 33 U S C 1251 et ieqj and
dean Air Act. 42 U S C. 1857 el $eg.
11. Section 124.52 is revised to read as
follows.
{ 124.52 Permits required on a caee-toy-
case basis.
(a) Vanoua sections of pan 122.
subparl B allow the Director to
determine, on a case-by-case basis, that
certain concentrated animal feeding
operations (f 122.23). concentrated
aquatic animal production facilities
({ 122.24], storm water discharges
(1122.20). and certain other facilities
covered by general permits ({ 12226]
that do not generally require an
Individual permit may be required to
obtain an individual permit because of
their contributions to water pollution.
(b) Whenever the Regional
Administrator decides that en Individual
permit is required under this section.
except as provided in paragraph (c) of
(his section, the Regional Administrator
•hall notify the discharger in writing of
that decision and the reasons for it. and
shall send an application form with the
notice. The discharger must apply for a
permit under { 122.21 within 60 days of
notice, unless permission for a later date
is granted by the Regional
Administrator. The question whether the
designation was proper will remain
open for consideration during the public
comment period under { 12411 or
1124 118 and in any subsequent hearing
(c) Prior to a case-by-case
determination that an individual permit
Is required for a storm water discharge
under this section (see 40 CFR 122.26
(a)(l)(v) and (c)|l)(v)). the Regional
Administrator may require the
discharger to submit a permit
application or other Information
regarding the discharge under section
308 of the CWA. In requiring such
information, the Regional Administrator
shall notify the discharger in writing and
shall send an application form with the
notice. The discharger must apply for a
permit under 1122.26 within 60 days of
notice, unless permission for a later date
Is granted by the Regional
Administrator. The question whether the
initial deaignation was proper will
remain open for consideration during
the public comment period under
I12411 or 1124.118 and in any
subsequent hearing
Notr The following form will not appear In
the Code of Federal Reguliiioni
•ILLWM cooc UW-W-M
-------
APPENDIX C:
ADEQUATE LEGAL
AUTHORITY
-------
connivance for the elimination or destruction of human waste, within those
portions of the watershed of the city contiguous to the intake of the city's water
supply, as hereinafter described, or by placing any foul or putrescible substance,
whether solid or liquid, and whether the same be buried or not, within the limits
of the portion of the watershed so described.
Sec. 49-6. Application Tor permit.
(a} Any person who desires to use or develop any vegetated wetland and on and
after January 1,1983, any nonvegetated wetland, within this city, other than for
those activities specified in section 49-3 above, shall first file an application for
a permit with the wetlands board.
Sec. 49-22. Application for permit
(a) Any person who desires to use or alter any coastal primary sand dune within
this city, other than for those activities specified in section 49-20 above, shall
first file an application for a permit with the wetlands board.
1.6 Authority to Meet Part 2 Permit Requirements
The NPDES stormwater permit application regulations require an assessment of
whether existing legal authority is sufficient to meet the criteria for Part 2 of the
permit application provided in 40 CFR 122.26(d)(2)(i) as follows:
40 CFR 122.26(d)(2)(i)
A demonstration that the applicant can operate pursuant to legal authority
established by statute, ordinance or series of contracts which authorizes or enables the
applicant at a minimum to:
(A) Control through ordinance, permit, contract, order or similar means, the
contribution of pollutants to the municipal storm sewer system by storm water
discharges associated with industrial activity and the quality of storm water
discharged from sites of industrial activity;
(B) Prohibit through ordinance, order or similar means, illicit discharges to the
municipal separate storm sewer;
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(C) Control through ordinance, order or similar means the discharge to a
municipal separate storm sewer of spills, dumping or disposal of materials other
than storm water
(D) Control through interagency agreements among coapplicants the
contribution of pollutants from one portion of the municipal system to another
portion of the municipal system;
(E) Require compliance with conditions in ordinances, permits, contracts or
order; and
(F) Carry out all inspection, surveillance and monitoring procedures necessary
to determine compliance and noncompliance with permit conditions including
the prohibition on illicit discharges to the municipal separate storm sewer.
The City Code sections identified above are referenced in an assessment of the
individual Pan 2 legal authority criteria.
(A) Control through ordinance, permit, contract, order or similar means, the
contribution of pollutants to the municipal storm sewer system by storm water
discharges associated with industrial activity and the quality of storm water
discharged from sites of industrial activity. Section 39.1-19 of the City Code
prohibits the discharge of sanitary sewer flow to the storm sewer system.
Section 39.2-5 of the City Code prohibits the discharge of any sewage from
a private sewage disposal facility on any public or private property in the
City. Section 41.1-4 of the City Code prohibits pollutants to be discharged
to the storm sewer system including the discharge of industrial process water,
wash water, or other unpennitted industrial discharges in Section 41.1-4(c).
Section 41.1-5 of the City Code provides the City with authority to order the
correction of drainage problems on any site in the City. Sections 9-10,30-69,
41-16, and 41-17 of the City Code prohibit pollution of waters of the City
and littering. Sections 42-20.1 and 42-20.2 of the City Code prohibit the
obstruction of drains or drainage areas. Sections 42-24, 42-25, and 42-46 of
the City Code establish regulations for protecting the City from spills or
deposits of liquid wastes. Section 46-28 of the City Code prohibits pollution
of the City's water supply.
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For development or redevelopment of industrial sites, the City's Zoning
Ordinance establishes lot size, yard size, and maximum lot coverage
requirements for industrial activity. Chapter 15 of the City Code establishes
erosion and sedimentation control regulations If development or
redevelopment of industrial sites occurs within a Chesapeake Bay
Preservation Area, Section 494 of the City's Zoning Ordinance and Chapter
32.2 of the City Code establish stringent criteria for stormwater management,
protection of water quality, and use of Best Management Practices. Chapter
49 of the City Code protects development within wetlands or coastal primary
sand dunes by requiring a permit application with the wetlands board.
Enforcement provisions and penalties for violations of the referenced
sections of City Code are also provided in specific chapters. Chapter 27 of
the City Code provides additional authority for the abatement of nuisances.
(B) Prohibit through ordinance, order or similar means, illicit discharges to the
municipal separate storm sewer. Section 39.1-19 of the City Code prohibits
the discharge of sanitary sewer flow to the storm sewer system. Section 39.2-
5 of the City Code prohibits the discharge of any sewage from a private
sewage disposal facility on any public or private property in the City. Section
41.1-4 of the City Code prohibits pollutants to be discharged to the storm
sewer system. Section 41.1-5 of the City Code provides the City with
authority to order the correction of drainage problems on any site in the
Cit>-. Sections 9-10, 30-69, 41-16, and 41-17 of the City Code prohibit
pollution of waters of the City and Uttering. Sections 42-20.1 and 42-20.2 of
the City Code prohibit the obstruction of drains or drainage areas. Sections
42-24, 42-25, and 42-46 of the City Code establish regulations for protecting
the City from spills or deposits of liquid wastes. Section 46-28 of the City
Code prohibits pollution of the City's water supply.
Enforcement provisions and penalties for violations of the referenced
sections of City Code are also provided m specific chapters. Chapter 27 of
the City Code provides additional authority for the abatement of nuisances.
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(C) Control through ordinance, order or similar means the discharge to a
municipal separate storm sewer of spills, dumping or disposal of materials other
than storm water. Section 39.1-19 of the City Code prohibits the discharge
of sanitary sewer flow to the storm sewer system. Section 39.2-5 of the City
Code prohibits the discharge of any sewage from a private sewage disposal
facility on any public or private property in the City. Section 41.1-4 of the
City Code prohibits pollutants to be discharged to the storm sewer system.
Sections 9-10, 30-69, 41-16, and 41-17 of the City Code prohibit pollution of
waters of the City and littering. Sections 42-24,42-25. and 42-46 of the City
Code establish regulations for protecting the City from spills or deposits of
liquid wastes. Section 46-28 of the City Code prohibits pollution of the City's
water supply.
Enforcement provisions and penalties for violations of the referenced
sections of City Code are also provided in specific chapters. Chapter 27 of
the City Code provides additional authority for the abatement of nuisances.
(D) Control through interagency agreements among coapplicants the
contribution of pollutants from one portion of the municipal system to another
portion of the municipal system. The City of Norfolk owns the entire separate
storm water system and is an individual NPDES permit applicant.
The City of Norfolk relies on its In-Town Reservoir System as a vital pan of
the water supply system. To protect water quality within the In-Town
Reservoir System, the City of Norfolk will seek an intermunicipal agreement
with the City of Virginia Beach to control nonpoint source pollution for the
areas of the In-Town Reservoir System bordering and located within the
jurisdiction of the City of Virginia Beach. After approval of Part 1 of the
application by the EPA, the City of Norfolk will meet with the City of
Virginia Beach to discuss the development of an agreement before submittal
of Pan 2 of the application on November 16, 1992.
(E) Require compliance with conditions in ordinances, permits, contracts or
order. Enforcement provisions and penalties for violations of the referenced
sections of City Code are provided in specific chapters. Chapter 27 of the
Cir> Codes provides additional authority for the abatement of nuisances.
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(F) Carry out all inspection, surveillance and monitoring procedures necessary
to determine compliance and noncompliance with permit conditions including
the prohibition on illicit discharges to the municipal separate storm sewer.
Chapter 41.1, entitled "Storm Water Management", provides authority for the
City's Director of Public Works to establish procedures and enforce
regulations pertaining to the storm water system in Section 41.1-3. Authority
to prohibit and inspect for illicit connections to the storm sewer system is
provided to the Department of City Planning and Codes Administration in
Section 39.1-19. Authority to enforce violations of private sewage disposal
regulations is provided to the Department of Health in Section 39.2-1 of the
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City Code. For development and redevelopment, the Department of City
Planning and Codes Administration has authority over erosion and sediment
control plans, the site review process, and stonnwater management
regulations required for activity within the Chesapeake Bay Preservation
Area. Additional authority for enforcement of erosion and sediment control
regulations and stonnwater management is being established for the
Department of Public Works in an ordinance currently under review by the
state. Authority to enforce regulations and permits of the City's Tree
Ordinance is provided in Section 30-23 of the City Code
1.7 Legal Authority Overview
Overall, the City of Norfolk has the existing legal authority, or is in the process
of modifying existing City Code with ordinances, to control discharges to the
municipal storm sewer system and meet the legal authority requirements of 40 CFR
12226(d)(2)(i).
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