United States
Environmental Protection
Agency
Office of Water
(4203)
EPA 833-F-99-007
April 1999
Fact Sheet 2.5
Storm Water Phase II
Proposed Rule
Storm Water Phase II
Proposed Rule
Fact Sheet Series
Overview
1.0-Storm Water Phase II
Proposed Rule Overview
Small MS4 Program
2.0 - Small MS4 Storm Water
Program Overview
2.1 - Who's Covered? Designation
and Waivers of Regulated Small
MS4s
2.2 - Urbanized Areas: Definition
and Description
Minimum Control Measures
2.3 - Public Education and
Outreach Minimum Control
Measure
2.4 - Public Participation/
Involvement Minimum Control
Measure
2.5 - Illicit Discharge Detection and
Elimination Minimum Control
Measure
2.6 - Construction Site Runoff
Control Minimum Control Measure
2.7 - Post-Construction Runoff
Control Minimum Control Measure
2.8 - Pollution Prevention/Good
Housekeeping Minimum Control
Measure
2.9 - Permitting and Reporting:
The Process and Requirements
2.10 - Federal and State-Owned
MS4s: Program Implementation
Construction Program
3.0 - Construction Program
Overview
Industrial "No Exposure"
4.0 - Conditional No Exposure
Exemption for Industrial Activity
Illicit Discharge Detection and
Elimination Minimum Control Measure
This fact sheet is based on the Storm Water Phase II Proposed Rule. Therefore, the information provided herein is subject to
change upon publication of the final Phase II rule in November 1999. A revised series of fact sheets will be provided at that
time. A comprehensive list of the current fact sheets is in the text box at left.
This fact sheet profiles the proposed Illicit Discharge Detection and Elimination minimum control
measure, one of six measures the owner or operator of a Phase II regulated small municipal separate
storm sewer system (MS4) would be required to include its storm water management program to meet
the conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact
sheet outlines the Phase II Proposed Rule requirements and offers some general guidance on how to
satisfy them. It is important to keep in mind that the small MS4 owner or operator would have a great
deal of flexibility in choosing exactly how to satisfy the minimum control measure requirements.
What Is An "Illicit Discharge"?
Federal regulations define an illicit discharge as "...any discharge to an MS4 that is not composed
entirely of storm water..." 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-storm water wastes.
Table 1
Why Are Illicit Discharge Detection and
Elimination Efforts Necessary?
Discharges from MS4s often include wastes and
wastewater from non-storm water 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
Sump pump discharges
Laundry wastewaters
Spills from roadway accidents
Improper disposal of auto and
household toxics
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Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure
Page 2
What Is EPA Proposing?
"[^ ecognizing the adverse effects illicit discharges can have on
XVreceiving waters, the proposed rule would require an owner
or operator of a regulated small MS4 to develop and implement
an illicit discharge detection and elimination program. This
program would need to include the following:
Q A storm sewer system map showing the location of
major pipes, outfalls, and topography. In addition, if
such data exist, the map needs to show the areas of
concentrated activities that are likely to be sources of
pollution;
Q Through an ordinance, order, or similar means, a
prohibition (to the extent allowable under State,
Tribal, or local law) on illicit discharges into the MS4,
and appropriate enforcement procedures and actions;
Q A plan to detect and address illicit 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
below.
Would This Measure Need to Address All Illicit
Discharges?
No. The illicit discharge detection and elimination program
would not need to address the following categories of non-
storm water discharges or flows unless the owner or operator of
the regulated small MS4 identifies them as significant
contributors of pollutants to its MS4:
Water line flushing;
Landscape irrigation;
Diverted stream flows;
Rising ground waters;
Uncontaminated ground water infiltration;
Uncontaminated 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 riparian habitats and wetlands;
Dechlorinated swimming pool discharges; and
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
owners and 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 to attempt 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 May
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. Since the
location of the major pipes and outfalls could be indicated on an
existing topographical map, a new map would not need to be
created specifically for this purpose as long as the information is
clearly presented on the existing map. The permittee would be
allowed to choose the type and size of map that best fits its needs.
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. It may take more than one
trip to locate all outfalls.
Legal Prohibition and Enforcement
EPA recognizes that some permittees may have limited authority
under State or Tribal law to establish and enforce an ordinance, or
similar means, prohibiting illicit discharges. In such a case, the
permittee would be encouraged to obtain the necessary authority,
if at all possible. Otherwise, the NPDES permitting authority
would assume the responsibility for implementation of this
component of the minimum measure, yet the permittee would
remain ultimately responsible for the quality of its MS4
discharge. Model ordinances, including examples of amendments
to local codes or existing ordinances, will be provided in the
Phase II storm water guidance for regulated small MS4s, which is
part of EPA's planned implementation "tool box" for the final
rule (see Fact Sheet 1.0).
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Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure
Page 3
The Plan
The plan to detect and address illicit discharges is the central
component of this minimum control measure. The plan would be
shaped by several factors, including the permittee's available
resources, size of staff, and degree and character of its illicit
discharges. EPA envisions a plan similar to the one
recommended for use in meeting Michigan's general storm water
NPDES permit for small MS4s. As guidance only, the four steps
of a recommended plan are outlined below:
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).
Some methods that could be used to locate problem areas
include: public complaints and other input; visual screening;
water sampling from manholes and outfalls during dry
weather; and use of infrared and thermal photography.
@ Find the Source
Once a problem area or discharge is found, additional efforts
usually would be necessary to determine the source of the
problem. Some methods that could be used to 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 would
need to 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 action.
0 Document Actions Taken
As a final step, all actions taken under the plan should be
documented. Doing so would illustrate that progress is being
made to eliminate illicit connections and discharges.
Documented actions should be included in the required
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
Educational outreach to public employees, businesses, property
owners, the general community, and elected officials would be
necessary to inform them of what they could do to detect and
eliminate illicit discharges, but it would also help to gain support
for the permittee's storm water program. The educational
outreach efforts should, at a minimum, include:
• Providing training programs for public employees;
• 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 Would Be Appropriate Measurable Goals?
Measurable goals, which would be required for each minimum
control measure, are meant to help gauge permit compliance
and program effectiveness. The measurable goals, as well as the
BMPs, would greatly depend on the needs and characteristics of
the owner/operator and the area served by its small MS4. The
measurable goals should be chosen using an integrated approach
that would fully address the requirements and intent of the
minimum control measure. An integrated approach for this
minimum measure could include the following measurable goals:
Target Date Activity
1 year Sewer system map completed; recycling
program for household hazardous waste in
place.
2 years Ordinance in place; training for public
employees completed; a certain percentage of
sources of illicit discharges determined.
3 years A certain percentage of: illicit discharges
determined; illicit discharges eliminated; and
households participating in quarterly household
hazardous waste special collection days.
4 years Most illicit discharge sources determined and
eliminated.
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).
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Fact Sheet 2.5 - Illicit Discharge Detection and Elimination Minimum Control Measure
Page 4
For Additional Information
Contact
^ U.S. EPA Office of Wastewater Management
• Phone: 202 260-5816
E-mail: SW2@epa.gov
Internet: www.epa.gov/owm/sw2.htm
Reference Documents
^ Storm Water Phase II Proposed Rule Fact Sheet Series.
Contact the U.S. EPA Water Resource Center at
202 260-7786 or at waterpubs@epa.gov
• Internet: www.epa.gov/owm/sw2.htm
"^ Storm Water Phase II Proposed Rule, published on Jan.
9, 1998 in the Federal Register (63 FR 1536).
Internet: www.epa.gov/owm/sw2.htm
Sources
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 River National Wet Weather
Demonstration Project. 1997. Guidance for Preparing a
Program for the Elimination of Illicit Discharges.
Wayne County, Michigan.
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