United States
Environmental Protection
Agency
Office of Enforcement
and Compliance
Assurance (2248A)
EPA300-N-01-001
Enforcement Alert
Volume 4, Number 1
Office of Regulatory Enforcement
January 2001
EPA Finding Many Industrial Dischargers Failing
to Obtain Storm Water Permits as Law Requires
The leading cause of impairment for
nearly 40 percent of surveyed U.S.
water bodies that do not meet water
quality standards is polluted storm
water runoff, according to a recent Na-
tional Water Quality Report to Con-
gress. The report further shows that
About
Enforcement Alert
Enforcement Alert \s published
periodically by the Office of
Regulatory Enforcement to
inform and educate the public
and regulated community of
important environmental
enforcement issues, recent
trends and significant
enforcement actions.
This information should help
the regulated community
anticipate and prevent violations
of federal environmental law
that could otherwise lead to
enforcement action.
Reproduction and wide
dissemination of this
publication are encouraged.
For information on how you can
receive this publication
electronically, contact the
editor.
Eric V. Schaeffer
Director, Office of
Regulatory Enforcement
Editor: Virginia Bueno
(202) 564-8684
bueno.virginia@epa.gov
(Please email address and
name changes or subscription
requests for this newsletter)
Polluted Storm Water Contains High Levels of Contaminants,
Resulting in Threats to Public Health, Environment
polluted storm
water discharges
affect 13 percent
of impaired riv-
ers, 21 percent of
impaired lakes and
45 percent of im-
paired estuaries
(National Water
Quality Inven-
tory, 1996, http:/
/www. epa.gov/
305bf).
Storm water
runoff also is one
of the leading causes of beach clos-
ings. A recent survey of coastal and
Great Lakes communities found that
more than 1,500 beach closings and
advisories were attributable to storm
water runoff in 1998 (EPA and Natu-
ral Resources Defense Council data,
1998).
Storm water discharges from in-
dustrial activities impact the physical,
biological and chemical health of a re-
ceiving water. Pollutants commonly
found in storm water runoff may con-
tain high levels of contaminants such
as sediment, suspended solids, nutri-
ents (phosphorous and nitrogen),
heavy metals and other toxic pollutants
and pathogens.
EPA is concerned that many indus-
trial activities may be discharging storm
water illegally, and, therefore, placing
public health and the environment at
risk. As such, the Agency has been edu-
EPA is uncovering numerous storm water violations and is
taking enforcement action to return violators to compliance
(U. S. EPA photograph).
eating industry on storm water com-
pliance requirements and taking en-
forcement actions to bring violators into
compliance.
In this issue of Enforcement Alert,
EPA addresses:
^ The requirements of the Na-
tional Pollutant Discharge Elimination
System (NPDES) storm water pro-
gram;
^ Federal enforcement priorities
for dealing with storm water discharge
noncompliance;
^ EPA Regions III and VI en-
forcement efforts; and
^ Common compliance prob-
lems at constructions sites.
Continued on page 2
,n is found on the Internet at http://www.epa.gov/oeca/ore/enfalert/
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Enforcement Alert
Continued from page 1
NPDES Storm Water
Program
Mandated by Congress under Sec-
tion 402 of the Clean Water Act, the
National Pollutant Discharge Elimina-
tion System (NPDES) storm water pro-
gram is a comprehensive two-phased
approach to addressing storm water dis-
charges.
Phase I, currently being imple-
mented, requires permits for municipal
separate storm sewer systems (MS4s)
serving large- and medium-sized com-
munities (those with more than 100,000
inhabitants), and for storm water dis-
charges associated with industrial ac-
tivity (including from construction ac-
tivity disturbing at least five acres of
land). Permits for Phase I sources typi-
cally require operators to develop
Storm Water Pollution Prevention Plans
(SWPPP) that would minimize the dis-
charge of pollutants in storm water. A
SWPPP identifies the potential sources
of pollutants in storm water discharges
from a site, and includes measures that
will be implemented to minimize the pol-
lutant discharges, such as spill preven-
tion and response, proper storage of
waste fluids in containers, and em-
ployee training on environmental re-
quirements.
Regulations addressing Phase II of
the Storm Water Program were pub-
lished in the Federal Register Dec. 8,
1999. The Phase II regulations address
discharges from certain small MS4s and
construction sites equal to or greater
than one acre and less than five acres.
A discharge of storm water from con-
struction activity disturbing less than
one acre also is included if it is part of a
larger plan of development or sale
whose total land disturbing activities to-
tal one acre or greater (or if designated
by the NPDES permitting authority).
EPA defines storm water discharge
January 2001 ^^^^^_^^^^^_
associated with industrial activity as "the
discharge from any conveyance...used
for collecting and conveying storm wa-
ter and which is directly related to
manufacturing, processing or raw ma-
terial storage areas at an industrial
plant." (40 CFR122.26(b)(14)). This
means any storm water coming in con-
tact with any aspect of a defined in-
dustrial activity, and discharged through
a discernible outfall, must be in com-
pliance with the current NPDES storm
water permitting program. Discharges
of storm water from construction ac-
tivity, including grading, clearing, ex-
cavation, or other earth moving pro-
cess that results in the disturbance of
land may require an NPDES storm
water permit for construction under the
NPDES program, depending on its size
and whether it has been designated.
As with most
NPDES programs,
storm water permits
may be issued
through EPA Re-
gions, or an autho-
rized State/Territory
NPDES permitting
authority. State or ter-
ritory permit stan-
dards typically re-
semble the relevant
federal general per-
mit.
pliance with an NPDES permit has been
in effect for more than seven years for
these types of activities.
EPA continues to educate industry
about storm water compliance require-
ments. Beginning last year, however,
EPA began focusing on violators who
fail to apply for and obtain storm water
discharge permits. In addition to other
enforcement remedies, EPA may seek
civil penalties for noncompliance of up
to $27,500 per day for each day of vio-
lation.
The EPA's enforcement priorities in-
clude targeting:
Industrial facilities discharging
storm water without a permit;
Large construction sites dis-
Continued on page 3
Agency
Eyeing Illegal
Storm water
Discharges
EPA is currently
focusing enforce-
ment efforts on un-
permitted discharges
of storm water asso-
ciated with industrial
activities. The re-
quirement to obtain
and operate in com-
California Agency Agrees to
Prevent Storm Water Runoff
Pollution in San Diego
San FranciscoIn one of the first civil judicial
cases for violations of the storm water requirements,
EPA, along with the San Diego Baykeeper and the
Natural Resources Defense Council (NRDC), reached
a settlement with the California Department of Trans-
portation (Caltrans).
In addition to paying a $430,000 civil penalty,
Caltrans agreed to protect San Diego County's
streams, wetlands, and coastline from polluted storm
water runoff flowing from its highways and maintenance
facilities. Underthe settlement, Caltrans agreed to:
Improve its existing storm water management
system by conducting better storm drain maintenance,
pilot testing retrofits form existing highways, and im-
proving practices at maintenance yards;
Improve soil stabilization and erosion control;
Enhance environmental design features of fu-
ture road projects; and
Provide pollution prevention training for its em-
ployees.
EPA Region 9 Press Release
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Enforcement Alert
Continued from page 2
charging storm water without a per-
mit; and
Industrial or construction
storm water dischargers that have ac-
quired a permit, but are not complying
with the requirements of their permit.
EPA is encouraging regional offices
and states to target compliance assess-
ment and enforcement efforts in wa-
tersheds with water bodies of special
concern. As a result of this renewed
emphasis, EPA is uncovering numer-
ous violations and taking enforcement
action to promote compliance and de-
ter future violations.
EPA Regions Scrutinize
Scrap/Auto Salvage Yards
Region III: EPA Region III has de-
veloped a comprehensive strategy for
storm water enforcement starting with
the scrap/auto salvage industry in im-
EPA's Mid-Atlantic Region has recently cited 81 scrap
and auto facilities for storm water violations (U. S. EPA
photograph).
nas, tour companies
and trucking and trans-
portation operations. All
citations alleged that
these facilities allowed
polluted storm water to
discharge into storm
sewers, which drain
into waterways that
feed the Anacostia
River.
paired watersheds located in environ-
mental justice areas.
Last year the Region cited 81 facili-
ties throughout the mid-Atlantic region
(Virginia, Maryland, B.C., West Virginia
and Pennsylvania) for storm water vio-
lations.
In a targeted effort to protect the
Anacostia and Potomac watershed from
polluted storm water runoff, EPA cited
27 facilities in the Washington, B.C.,
area for violating the Clean Water Act.
Facilities included salvage yards, mari-
EPA inspections re-
vealed that these facili-
ties were discharging storm water as-
sociated with industrial activity with-
out an NPBES permit and failing to sup-
ply information required by regulations
that implement the CWA storm water
requirements (40 CFR 122.26(c)). EPA
has ordered all companies to correct
these violations. Many of these facili-
ties also discharged used motor oil in
harmful quantities.
Additional storm water enforce-
Continued on page 4
Common Compliance Problems at Construction Sites:
Facility does not have an NPDES storm water permit, Storm Water Pollution Prevention Plan (SWPPP) and
proper Best Management Practices such as erosion controls.
Facility has an erosion control plan but not a SWPPP.
Facility does not have qualified personnel properly performing and documenting their bi-weekly inspections (monthly
in areas receiving less than 20 inches of rainfall annually) and inspections after 0.5" or greater rainfall.
Facility has not posted construction signs at the entrance to the facility in an area accessible to the public. All
"operators" need separate signs to post (e.g. developer and general contractor). Home builders may post signs in front of
their lots or in the front window of a structure if built.
Common problems with the SWPPP include not having upland controls; and not having detention ponds for
common drainage areas of 10 or more acres. Both of these requirements can be replaced by equivalent or superior
controls if they are so designated in the SWPPP. If a facility cannot have either of these practices implemented , the
SWPPP typically denote that the facility is not implementing these practices and should specify the alternative controls
that are at least as effective.
Erosion is the primary pollutant of concern at a construction site. However, other pollutants are frequently omitted
from SWPPPs. SWPPPs are typically required to address potential pollutant sources such as diesel tanks, solvents,
paints, concrete hardeners, hydraulic oil, etc.
Off-site vehicle tracking is a problem at many sites. A stabilized construction entrance and/or alternative methods
of cleaning mud from vehicles exiting the disturbed areas should be a top priority.
January 2001
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United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2248A)
Washington, D.C. 20460
Official Business
Penalty for Private Use $300
'Enforcement Alert' newsletter
Continued from page 3
ment activities in West Virginia and
Virginia resulted in enforcement ac-
tions against 15 salvage yards for fail-
ure to obtain the required NPDES per-
mit or not abiding by a storm water pol-
lution prevention plan that is required
in their permit.
Region 6: In June 1999, Region 6
sent out settlement offers to more than
2,000 auto salvage yards in Texas and
New Mexico for alleged violations of
CWA storm water discharges, offering
to limit penalties to $1,000 plus $5 per
vehicle in exchange for the commitment
to return to compliance. These offers
are only offers to settle and facilities
are not obligated to reply. To date only
one facility has refused to accept the
region's offer and was ordered to com-
ply. This enforcement tool has encour-
aged large numbers of non-compliant
businesses to come into compliance
more expeditiously than the normal en-
forcement process allows, and results
in swifter environmental protection.
Region 6 maintains a storm water
compliance assistance website that in-
cludes regulations, permit language, and
Industrial Dischargers May be Subject to
Wetlands Permit Rules
In addition to the storm water requirements under Section 402, persons
who discharge or propose to discharge may also be covered by Section
404 of the Clean Water Act.
Section 404 prohibits discharges of dredged or fill material to wetlands
and other waters of the United States unless authorized by a Section 404
permit issued by the Army Corps of Engineers or by a state approved to
administer the permit program. The Section 404 permit review process is
aimed at avoiding unacceptable adverse environmental impacts to wetlands,
and to the extent adverse impacts cannot be avoided, to ensure they are
appropriately minimized or compensated. For example, persons engaging
in construction activities that disturb five acres or more are covered under
the Phase I Storm water requirements, and, depending on where the con-
struction occurs, may also be subject to the Section 404 requirements.
EPA is currently investigating a number of sites where ditching and draining
activities may have violated both sections of the Clean Water Act.
guidance documents (http://
www.epa.gov/region6/sw).
Contact EfyseDibiagio-Wood, Water
Enforcement Division, Office of Regula-
tory Enforcement, (202) 564-8187, Email:
dibiagio-wood. elyse@epamail epa.gov.
Useful Comoliance
Assistance Resources
Office of Regulatory Enforcement:
http://www.epa.gov/oeca/ore
NPDES Storm Water Program:
http://www.epa.gov/owm/sw
National Response Center:
http://www.nrc.uscg.mil/
EPA's Storm Water Phase II Final
Rule Hotline: (202) 260-5816 and
http://www.sw@epa.gov
Audit Policy Information:
http://www.epa.gov/oeca/ore/
apolguid.html
Compliance Assistance Centers:
http://www.epa.gov/oeca/mfcac.html
Small Business Gateway:
http://www.epa.gov/smallbusiness
major_environmental_laws.htm
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