United States
                             Environmental Protection
                                  Office of Water                 EPA 833-F-00-007
                                     (4203)    January 2000 (revised December 2005)
                                                                   Fact Sheet 2.5
Storm water  Phase  II
Final   Rule
  Stormwater Phase II
  Final Rule
  Fact Sheet Series

  1.0 - Stormwater Phase II Final
  Rule: An Overview
  Small MS4 Program
  2.0 - Small MS4 Stormwater
  Program Overview
  2.1 - Who's Covered? Designation
  and Waivers of Regulated Small
  2.2 - Urbanized Areas: Definition
  and Description
    Minimum Control Measures

  2.3 - Public Education and

  2.4 - Public Participation/

  2.5 - Illicit Discharge Detection
  and Elimination

  2.6 - Construction Site Runoff

  2.7 - Post-Construction Runoff

  2.8 - Pollution Prevention/Good
  2.9 - Permitting and Reporting:
  The Process and Requirements
  2.10 - Federal and State-Operated
  MS4s: Program Implementation

  Construction Program
  3.0 - Construction Program
  3.1 -Construction Rainfall
  Erosivity Waiver

  Industrial "No Exposure"
  4.0 - Conditional No Exposure
  Exclusion for Industrial Activity
 Illicit Discharge Detection and
 Elimination  Minimum Control Measure

     This fact sheet profiles the Illicit Discharge Detection and Elimination minimum control
     measure, one of six measures the operator of a Phase II regulated small municipal separate
  storm sewer system (MS4) is required to include in its stormwater management program to
  meet the conditions of its National Pollutant Discharge Elimination System (NPDES) permit.
  This fact sheet outlines the Phase II Final Rule requirements and offers some general guidance
  on how to satisfy them. It is important to keep in mind that the small MS4 operator has a great
  deal of flexibility in choosing exactly how to satisfy the minimum control measure

  What Is  An "Illicit Discharge"?
                                                                   Table 1
   Federal regulations define an illicit discharge
   as "...any discharge to an MS4 that is not
composed entirely of stormwater..." with some
exceptions. These exceptions include discharges
from NPDES-permitted industrial sources and
discharges from fire-fighting activities. Illicit
discharges (see Table 1) are considered "illicit"
because MS4s are not designed to accept, process,
or discharge such non-stormwater wastes.

Why Are Illicit Discharge Detection and
Elimination Efforts Necessary?

    Discharges from MS4s often include wastes and
    wastewater from non-stormwater sources. A
study conducted in 1987 in Sacramento, California,
found that almost one-half of the water discharged
from a local MS4 was not directly attributable to
precipitation runoff. A significant portion of
these dry weather flows were from illicit and/or
inappropriate discharges and connections to the MS4.
  Illicit discharges enter the system through either direct connections (e.g., wastewater piping
  either mistakenly or deliberately connected to the storm drains) or indirect connections
  (e.g., infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets,
  or paint or used oil dumped directly into a drain). The result is untreated discharges that
  contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents,
  nutrients, viruses, and bacteria to receiving waterbodies. Pollutant levels from these illicit
  discharges have been shown in EPA studies to be high enough to significantly degrade
  receiving water quality and threaten aquatic, wildlife, and human health.
                                                      Sources of
                                                   Illicit Discharges

                                                   Sanitary wastewater
                                                 Effluent from septic tanks
                                                  Car wash wastewaters
                                                   Improper oil disposal
                                                 Radiator flushing disposal
                                                   Laundry wastewaters
                                               Spills from roadway accidents
                                               Improper disposal of auto and
                                                    household toxics

Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure
                                                 Page 2
What Is Required?

    Recognizing the adverse effects illicit discharges can have
    on receiving waters, the Phase II Final Rule requires an
operator of a regulated small MS4 to develop, implement and
enforce an illicit discharge detection and elimination program.
This program must include the following:

   Q A storm sewer system map, showing the location of all
      outfalls and the names and location of all waters of the
      United States that receive discharges from those

   Q Through an ordinance, or other regulatory mechanism,
      a prohibition (to the extent allowable under State,
      Tribal, or local law) on non-stormwater discharges into
      the MS4, and appropriate enforcement procedures and

   Q A plan to detect and address non-stormwater
      discharges, including illegal dumping, into the MS4;

   Q The education of public employees, businesses, and
      the general public about the hazards associated with
      illegal discharges and improper disposal of waste; and

   Q The determination of appropriate best management
      practices (BMPs) and measurable goals for this
      minimum control measure. Some program
      implementation approaches, BMPs (i.e., the program
      actions/activities),  and measurable goals are suggested

Does This Measure Need to Address All Illicit

    No.  The illicit discharge detection and elimination
    program does not need to address the following
categories of non-stormwater discharges or flows unless the
operator of the regulated small MS4 identifies them as
significant contributors of pollutants to its MS4:

   Q Water line flushing;
   Q Landscape  irrigation;
   Q Diverted stream flows;
   Q Rising ground waters;
   Q Uncontaminated ground water infiltration;
   Q Uncontaminated pumped ground water;
   Q Discharges from potable water sources;
   Q Foundation drains;
   Q Air conditioning condensation;
   Q Irrigation water;
   Q Springs;
   Q Water from crawl space pumps;
   Q  Footing drains;
   Q  Lawn watering;
   Q  Individual residential car washing;
   Q  Flows from riparian habitats and wetlands;
   Q  Dechlorinated swimming pool discharges; and
   Q  Street wash water.

What Are Some Guidelines for Developing and
Implementing This Measure?

   The objective of the illicit discharge detection and
   elimination minimum control measure is to have regulated
small MS4 operators gain a thorough awareness of their
systems.  This awareness allows them to determine the types
and sources of illicit discharges entering their system; and
establish the legal, technical, and educational means needed to
eliminate these discharges.  Permittees could meet these
objectives in a variety of ways depending on their individual
needs and abilities, but some general guidance for each
requirement is provided below.

The Map
The storm sewer system map is meant to demonstrate a basic
awareness of the intake and discharge areas of the system.
It is needed to help determine the extent of discharged dry
weather flows, the possible sources of the dry weather flows,
and the particular waterbodies these flows may be affecting.
An existing map, such as a topographical map, on which the
location of major pipes and outfalls can be clearly presented
demonstrates such awareness.

EPA recommends collecting all existing information on
outfall locations (e.g., review city records, drainage maps,
storm drain maps), and then conducting field surveys to verify
locations. It probably will be necessary to walk (i.e., wade
through small receiving waters or use a boat for larger waters)
the streambanks and shorelines for visual observation. More
than one trip may be needed to locate all outfalls.

Legal Prohibition and Enforcement
EPA recognizes that some permittees may have limited
authority under State, Tribal or local law to establish and
enforce an ordinance or other regulatory mechanism
prohibiting illicit discharges.  In such a case, the permittee is
encouraged to obtain the necessary authority, if possible.

The Plan
The plan to detect and address illicit discharges is the central
component of this minimum control measure.  The plan is
dependant upon several factors, including the permittee's
available resources, size of staff, and degree and character of
its illicit discharges.  As guidance only, the four steps of a
recommended plan are outlined below:

Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure
                                                                                                             Page 3
O Locate Problem Areas
   EPA recommends that priority areas be identified for
   detailed screening of the system based on the likelihood
   of illicit connections (e.g., areas with older sanitary sewer
   lines).  Methods that can locate problem areas include:
   visual screening; water sampling from manholes and
   outfalls during dry weather; the use of infrared and thermal
   photography, cross-training field staff to detect illicit
   discharges, and public complaints.

@ Find the Source
   Once a problem area or discharge is found, additional
   efforts usually  are necessary to determine the source of the
   problem. Methods that can find the source of the illicit
   discharge include: dye-testing buildings in problem areas;
   dye- or smoke-testing buildings at the time of sale; tracing
   the discharge upstream in the storm sewer; employing a
   certification program that shows that buildings have
   been checked for illicit connections; implementing an
   inspection program of existing septic systems; and using
   video to inspect the storm sewers.

 Remove/Correct Illicit Connections
   Once the source is identified, the offending discharger
   should be notified and directed to correct the problem.
   Education efforts and working with the discharger can be
   effective in resolving the problem before taking legal

& Document Actions Taken
   As a final step, all actions taken under the plan should
   be documented. This illustrates that progress is being
   made to eliminate illicit connections and discharges.
   Documented actions should be included in annual reports
   and include information such as: the number of outfalls
   screened; any complaints received and corrected; the
   number of discharges and quantities of flow eliminated;
   and the number of dye or smoke tests conducted.

Educational Outreach
The Center for Watershed Protection and Robert Pitt (2004)
researched the most cost-effective and efficient techniques
that can be employed to identify and correct inappropriate
discharges. Data from Montgomery County, Maryland, was
analyzed and it was determined that staff identify and correct
about six inappropriate discharges per year as a result of
regular screening. By contrast, over 185 inappropriate
discharges are corrected each year in Montgomery County as
a direct result of citizen complaints and calls to a storm water
compliant hotline. Public education and labeling of outfalls
and other storm drain infrastructure is an important element of
establishing a successful citizen hotline. Outreach to public
employees, businesses, property owners, the general public,
and elected officials regarding ways to detect and eliminate
illicit discharges is an integral  part of this minimum measure.
                                                            Suggested educational outreach efforts include:

                                                                  Developing informative brochures, and guidances for
                                                                   specific audiences (e.g., carpet cleaning businesses)
                                                                   and school curricula;

                                                                  Designing a program to publicize and facilitate public
                                                                   reporting of illicit discharges;

                                                                  Coordinating volunteers for locating, and visually
                                                                   inspecting, outfalls or to stencil storm drains; and

                                                                  Initiating recycling programs for commonly dumped
                                                                   wastes, such as motor oil, antifreeze, and pesticides.

                                                            What Are Appropriate Measurable Goals?

                                                                 Measurable goals, which are required for each minimum
                                                                 control measure, are intended to gauge permit
                                                            compliance and program effectiveness. The measurable
                                                            goals, as well as the BMPs, should reflect the needs and
                                                            characteristics of the operator and the area served by its
                                                            small MS4. Furthermore, they should be chosen using an
                                                            integrated approach that fully addresses the  requirements
                                                            and intent of the minimum control measure.

                                                            EPA has developed a Measurable Goals Guidance for Phase
                                                            II MS4s that is designed to help program managers comply
                                                            with the requirement to develop measurable goals. The
                                                            guidance presents an approach for MS4 operators to develop
                                                            measurable goals as part of their stormwater management
                                                            plan. For example, an MS4 could establish a measurable goal
                                                            of responding to all complaints received by the citizen
                                                            complaint hotline within 24 hours to minimize water quality
                                                            impacts or recurrent dumping. A complaint tracking system
                                                            could be used to log response and enforcement activity.

                                                            The educational outreach measurable goals for this minimum
                                                            control measure could be combined with the measurable goals
                                                            for the Public Education and Outreach minimum control
                                                            measure (see Fact Sheet 2.3).


                                                            Center for Watershed Protection and R. Pitt. 2004. Illicit
                                                                  Discharge Detection and Elimination: A Guidance
                                                                  Manual for Program Development and Technical
                                                                  Assessments. Center for Watershed Protection, Ellicott
                                                                  City, MD, and University of Alabama, Birmingham,

Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure
                                              Page 4
Maryland Department of the Environment, Water
      Management Administration.  1997. Dry Weather
      Flow and Illicit Discharges in Maryland Storm Drain
      Systems. Baltimore, Maryland.

U.S. EPA Office of Water. 1993. Investigation of
      Inappropriate Pollutant Entries into Storm Drainage
      Systems: A User's Guide. EPA/600/R-92/238.
      Washington, D.C.

Wayne County Rouge Paver National Wet Weather
      Demonstration Project. 1997. Guidance for Preparing
      a Program for the Elimination of Illicit Discharges.
      Wayne County, Michigan.
          For Additional Information

"^  U.S. EPA Office of Wastewater Management
    http ://www. epa. gov/npdes/stormwater
    Phone: 202-564-9545

"^  Your NPDES Permitting Authority. Most States and
    Territories are authorized to administer the  NPDES
    Program, except the following, for which EPA is the
    permitting authority:
    District of Columbia
    New Hampshire
    New Mexico
    American Samoa
Johnston Atoll
Midway and Wake Islands
Northern Mariana Islands
Puerto Rico
Trust Territories
                                                           "^  A list of names and telephone numbers for each EPA
                                                               Region and State is located at http://www.epa.gov/
                                                               npdes/stormwater (click on "Contacts").

                                                           Reference Documents
                                                           "^  EPA's Stormwater Web Site
                                                               http ://www. epa. gov/npdes/stormwater
                                                                 Stormwater Phase II Final Rule Fact Sheet Series
                                                                 Stormwater Phase II Final Rule (64 FR 68722)
                                                                 National Menu of Best Management Practices for
                                                                 Stormwater Phase II
                                                                 Measurable Goals Guidance for Phase II Small
                                                                 Stormwater Case Studies
                                                                 And many others

                                                           "^    Illicit Discharge Detection and Elimination: A
                                                                 Guidance Manual for Program Development and
                                                                 Technical Assessments
                                                                 http://www.cwp.org/idde verify.htm