MS4 Permit
Improvement Guide
U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF WATER
OFFICE OF WASTEWATER MANAGEMENT
WATER PERMITS DIVISION
APRIL 2010
EPA 833-R-10-001
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.SSE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
APR 1 4 20K3
Dear NPDF.S Storrmvater Managers, ',,' v ', "
I am pleased to announce ihai the Environmental Protection Agency (EPA) has completed the "Municipal
Separate Storm Sewer System Permit Improvement Guide " 1 he primary purpose of this guidance
document is to assist National Pollutant Discharge Elimination System (NPDHS) permit writers in
strengthening municipal separate storm .sewer system (MS4) permits.
This Guide contains examples of permit conditions and supporting rationale that could be used in fact
sheets thai accompany NPDES permits. The Guide also includes recommendations for permit writers on
how to tailor the language depending on the type of permit. For example, permits covering traditional
municipalities may contain different permit provisions than those covering non-traditional entities like
departments of transportation, universities, and prisons
I ask thai permit writers review die permit language and corresponding discussion presented in this Guide
and consider how to incorporate this, or similar, language into their MS4 permits. Some modification of
the language may be necessary to make it suitable for use with specific MS4 permits, and to better tailor it
to meet the needs and goals of the various permitting authorities
The permit language suggested in this Guide is not intended to override already existing, more stringent
or differently-worded provisions that are equally as protective in meeting the applicable regulations. EPA
expects the permitting authority to continue to make significant progress and ensure that the intent of the
regulations or more stringent requirements is captured tn the permit,
In addition, EPA would like to particularly stress the following key principles,
» Permit provisions should be clear, specific, measurable, and enforceable Permits should include
specific deadlines for compliance, incorporate clear performance standards, include
measurable goals or quantifiable targets for implementation
Permits should contain a performance standard for post-construction that is based on the objective
of maintaining or restoring stable hydrology to protect water quality of receiving waters or
another mechanism as effective.
EPA has begun a rulcmaking to strengthen the storm water program. Using (his Gyide to improve permits
represents the direction that EPA is taking to strengthen the program This Guide is a liv'ing document
that will be up-dated as new information for improving the storm-water program is obtained.
I appreciate your continued efforts in strengthening the KPDES municipal stormwatcr program. If you
have arty questions about this Guide or suggestions for further improvements, please contact Rachel
Herbert of my staff at herj;i»ertji_chcl.2:epa..§i'»>. or call her at 202-564-2649,
Sincerelv,
I inda Y. l-ftSorna/ian. Director
\\ater Permits Division
CC: Stale Storm water Coordinators
Association of Slate and Interstate Water Pollution Control Administrators
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MS4 Permit Improvement Guide
Contents
Introduction & Getting Started 1
Purpose 1
Contents of this Guide 1
How to Use this Guide 2
Preparing to Write an MS4 Permit 3
MS4 Permit Writing Tips 5
The Use of Partnerships in MS4 Permits 6
Chapter 1: Establishment of the Stormwater Management Program 8
Introduction 8
1.1 Requirement to Develop a Stormwater Management Program 9
1.2 Requirement to Develop Adequate Legal Authority to Implement and Enforce Stormwater
Management Program 10
1.3 Enforcement Measures and Tracking 13
1.4 Requirement to Ensure Adequate Resources to Comply with MS4 Permit 16
Chapter 2: Public Education and Outreach/Public Involvement 18
Introduction 18
2.1 Developing a Comprehensive Stormwater Education/Outreach Program 18
2.2 Involving the Public in Planning and Implementing the SWMP 22
Chapter 3: Illicit Discharge Detection and Elimination 24
Introduction 24
3.1 IDDE Program Development 24
3.2 MS4 Mapping 26
3.3 Identification of Priority Areas 27
3.4 Field Screening 29
3.5 IDDE Source Investigation and Elimination 32
3.6 Public Reporting of Non-Stormwater Discharges and Spills 34
3.7 Illicit Discharge Education & Training 36
Chapter 4: Construction 37
Introduction 37
4.1 Construction Requirements and Control Measures 38
4.2 Construction Site Inventory 40
4.3 Construction Plan Review Procedures 41
4.4 Construction Site Inspections and Enforcement 43
4.5 MS4 Staff Training 46
4.6 Construction Site Operator Education & Public Involvement 47
Chapter 5: Post-Construction or Permanent/Long-term Stormwater Control Measures 49
Introduction 49
5.1 Post-Construction Stormwater Management Program 50
5.2 Site Performance Standards 51
5.3 Site Plan Review 57
5.4 Long-Term Maintenance of Post-Construction Stormwater Control Measures 58
5.5 Watershed Protection 59
5.6 Tracking of Post-Construction Stormwater Control Measures 62
5.7 Inspections and Enforcement 63
5.8 Retrofit Plan 64
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MS4 Permit Improvement Guide
Chapter 6: Pollution Prevention/Good Housekeeping 67
Introduction 67
6.1 Municipal Facility and Control Inventory 68
6.2 Facility Assessment 70
6.3 Development of Facility-Specific Stormwater Management SOPs and Implementation of Facility
Storm water Controls 71
6.4 Storm Sewer System Maintenance Activities 74
6.5 Flood Management 81
6.6 Pesticide, Herbicide, and Fertilizer Application and Management 82
6.7 Training and Education 83
6.8 Contractor Requirements and Oversight 84
Chapter 7: Industrial Stormwater Sources 85
Introduction 85
7.1 Facility Inventory 85
7.2 Industrial Facility Stormwater Control Measures 88
7.3 Industrial and Commercial Facility Inspections 91
7.4 Staff Training 94
Chapters: Monitoring, Evaluation, and Reporting 95
Introduction 95
8.1 Consolidated Information Tracking System 95
8.2 Development of a Comprehensive Monitoring & Assessment Program 97
8.3 Evaluation of Overall Program Effectiveness 102
8.4 Requirements for Annual Reporting of MS4 Activities 104
Appendix A: Summary Annual Report Template 107
Appendix B: Definitions 108
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MS4 Permit Improvement Guide
INTRODUCTION & GETTING STARTED
Purpose
The primary purpose of the MS4 Permit Improvement Guide (Guide) is to assist National Pollutant
Discharge Elimination System (NPDES) permit writers in strengthening municipal separate storm sewer
system (MS4) stormwater permits. The objective of the Guide is to facilitate the creation of MS4 permits
which are clear, consistent with applicable regulations, and enforceable. This Guide contains examples
of permit conditions and supporting rationale that could be used in fact sheets that accompany NPDES
permits. Permit language should include controls that identify specific actions permittees must perform
to comply with the Permit Requirements.
This Guide focuses in large part on permits for small (Phase II) MS4s. However, while the contents of the
Guide are generally organized consistent with the six minimum control measures (40 CFR 123.34(b))
applicable to Phase II MS4 permits, however, permit writers may find this Guide useful for Phase I MS4
permits. In addition, the Guide specifically addresses Phase I MS4 Permit Requirements with regard to
the industrial program elements set forth in the Phase I regulations at 40 CFR 122.26(d)(2)(ii) and (iv)(C).
These are addressed in Chapter 7. The Guide may also be useful for "non-traditional" MS4 permittees,
such as departments of transportation (DOTs), universities and prisons.
EPA has developed a Stormwater Phase II Final Rule Fact Sheet Series
(www.epa.gov/npdes/stormwater/swfinal) to assist permitting authorities and permittees in
understanding the Phase II regulations. Further, EPA has developed the National Menu of Stormwater
Best Management Practices (www.epa.gov/npdes/stormwater/menuofbmps) which provides
descriptive information in fact sheets about various best management practices associated with the
Phase II six minimum control measures.
The Guide was created by reviewing numerous MS4 permits and fact sheets from around the country.
Some of the example permit and fact sheet language presented in this Guide has been adapted from
these permits; in those instances where existing language that meets the purpose of this document was
not available, EPA has crafted new language.
Contents of this Guide
This document is divided into parts, as noted above, based largely on the six minimum control measures
required in the Phase II stormwater regulations (see 40 CFR 122.34(b)). Chapters 1 -6 address
development and implementation of a stormwater management program (SWMP) and the six minimum
control measures that must be included in the SWMP. Chapter 7 addresses industrial facilities programs
relevant for Phase I MS4 permits. Chapters, Overall Evaluation and Adaptive Management, discusses
reporting, evaluation, and tracking requirements. This Guide does not focus on the water quality
provisions of the Clean Water Act, which may require more stringent requirements than those
programmatic elements specified here.
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MS4 Permit Improvement Guide
Each chapter opens with an introduction providing a brief overview of relevant regulatory requirements
pertaining to the subject of the chapter. Each chapter is then divided into sections in which the
following topics are addressed:
Example Permit Provision - This section includes example MS4 permit language. The
language has been formatted and numbered in such a way that each section corresponds
directly to a permit structured in accordance with the chapter sequence of this Guide. EPA
developed these examples by first surveying existing EPA and State MS4 permit language
and drawing upon agency experience in implementing permits. EPA has identified the
source of the language (in footnotes) if adapted from specific permits.
Example Permit Requirement Rationale for the Fact Sheet - This section describes the
rationale for the example permit provision. This language can assist the permit writer in
developing the fact sheet, which accompanies all NPDES permits; however, it is up to the
permit writer to ensure that a complete and customized version of the fact sheet
accompanies the permit. Example Permit Requirement Rationale for the Fact Sheet sections
often describe "requirements" or steps that "must" be taken. To the extent this language is
used in these sections, it is intended to describe requirements included in the example
permit provisions. It does not mean that all permits "must" include the specific
"requirement" described.
Recommendations for the Permit Writer (included where appropriate) - This section
discusses issues the permit writer should consider in determining how to use the example
permit provisions.
How to Use this Guide
This guidance includes "example" MS4 permit language for specific program elements, but is not
intended to be definitive or comprehensive for all MS4 Permit Requirements.1 EPA recommends that
permit writers review the example permit language presented in this guide and consider how to
incorporate this, or similar, language into MS4 permits as appropriate. Each state may have different
NPDES requirements along with varied experience overseeing MS4 programs, and MS4 permittees vary
widely in storm water management experience and sophistication, size, topography, precipitation
patterns, land use, receiving water conditions and other factors. In most instances, EPA anticipates that
permit writers will modify the language to make it suitable for specific MS4 permits, and to tailor
example provisions to meet the various needs and goals that apply.
When possible, this Guide has tried to provide examples that can be used for both Phase I and Phase II
permits. However, in some instances EPA has provided suggestions for how the language can be tailored
to better fit within the context of a Phase I or Phase II permit. In addition, EPA acknowledges that some
language presented in this Guide may be more suitable for an individual permit rather than a general
permit. While EPA has presented a discussion for ways the language could be altered to fit these
scenarios in Recommendations for the Permit Writer sections, it is up to the permit writer to determine
the best use of the material for the permit being crafted.
1 For example, the guide does not explicitly address provisions for compliance with CWA section 402(p)(3)(B)(ii),
water quality standards, applicable wasteload allocations in TMDLs or such other conditions as the permitting
authority deems necessary. For information on integrating TMDLs into stormwater permits see USEPA's DRAFT
TMDLs to Stormwater Handbook (www.epa.gov/owow/tmdl/stormwater)
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MS4 Permit Improvement Guide
The example permit language in this Guide has been written as if the permit is a reissued permit and not
an initial permit, since most MS4 permittees have been subject to NPDES permits for at least one permit
term. Requirements to develop the initial SWMP are not included in this Guide since they would have
been included in the first permit term. It is important that permit writers consider the different stages in
the development and implementation of SWMPs when establishing permit conditions as well as the
experience learned from other more advance programs. So, for example, this Guide includes brackets
to indicate the place for an appropriate schedule or deadline rather than indicating specific timeframes
in all instances. These examples are available to the permit writer, along with other resources such as
the permittee's draft or existing SMWP document, annual reports, prior permit experience, receiving
water quality information and the permit writer's best professional judgment, to issue permits suitable
for their specific MS4s.
The permit language suggested in this Guide is not intended to override already existing, more stringent
or differently-worded provisions that are equally as compliant in meeting the applicable regulations and
protective of water quality standards. EPA expects the permitting authority to ensure that the intent of
all applicable regulations is captured in the permit. States with more stringent permit provisions should
continue to strengthen these provisions as the permits are reissued. This Guide includes suggestions on
how to develop permit language for MS4 permittees. This Guide does not impose any new legally
binding requirements on EPA, States, or the regulated community, and does not confer legal rights or
impose legal obligations upon any member of the public. In the event of a conflict between the
discussion in this Guide and any statute, regulation, or permit the statute, regulation or permit controls.
Terminology: SWMP and SWMP Document
This guide uses the term SWMP to refer to the stormwater management program that is required by the
Phase I and Phase II regulations to be developed by MS4 permittees. The SWMP document is the written plan
that is used to describe the various control measures and activities the permittee will undertake to implement
the stormwater management program.
Preparing to Write an MS4 Permit
Most Phase II MS4 permittees are regulated under a general permit (with some exceptions where
individual permits have been used for Phase II and non-traditional MS4 permittees). Phase I MS4
permittees are regulated under individual permits, and can include multiple co-permittees. EPA
regulations require that initial MS4 permits (i.e. first permit term) set the foundation of the permittee's
SWMP. For Phase II MS4 the focus is on the six minimum control measures in 40 C.F.R. 122.34(b), while
the Phase I MS4 permittees are informed by the regulations at 40 C.F.R. 122.26(d). See Chapter 1 of this
Guide.
As the permit writer prepares to reissue an MS4 permit, regardless of whether the permit is an
individual or general permit, EPA recommends that the permit writer review, at a minimum, the
following sources of information:
Past annual reports
For currently regulated MS4s, annual reports submitted by the permittee can include information
that will help permit writers develop more specific and measurable Permit Requirements. The most
recent annual report is usually the most helpful to review, but additional annual reports can be
reviewed if time allows. If the permit writer is developing a general permit, a broad selection of
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MS4 Permit Improvement Guide
annual reports from various permittees should be reviewed. In particular, EPA recommends that
the permit writer review, at a minimum, the following specific information:
Areas of obvious strengths or weaknesses in the SWMP
For example, is the permittee vague about specific activities (often an indicator of a weak
program area), or is the permittee clearly meeting the requirements of the permit and/or
going above and beyond the minimum requirements?
Trends or common compliance problems
For example, does the permittee analyze the data to assess the most common compliance
problems, and then modify their controls/programs to address these problems? For
example, do they use the common compliance issues identified to target their training and
outreach/education efforts for construction operators?
Level of implementation of SWMP activities (e.g., frequency and numbers of inspections,
frequency of catch basin cleaning, street sweeping)
Does the permittee report the total universe when reporting the quantity of an activity
achieved? For example, if the MS4 is required to conduct industrial inspections, does it
report it did 100 inspections (which may be good or bad, depending on how many it was
required to inspect), or that it did 100 out of 5,000 (only 2% of the total)?
Water quality priorities for the permittee (e.g. impaired waters, TMDLs, high quality waters)
Does the permittee's annual report describe priority pollutants for impaired waters and
other water quality programs and what was done to reduce and/or eliminate their contact
with stormwater? Does the SWMP target both impaired and high quality waters?
Specific sources or pollutants of concern permittee is currently focusing on
Does the SWMP target pollutants of concern in its activities?
Level and type of enforcement currently being used by permittee
Does the annual report provide data and summary information on the different types of
enforcement actions taken (how many verbal warnings, written notes, fines, etc)?
Any trends (i.e. water quality, compliance, control measure implementation levels) being
reported by Permittees which indicate success or failure of particular SWMP components
Does the permittee analyze the data, or just report the data in the MS4 annual report?
Types of measurable goals being applied and achieved by permittees
Has the permittee met the measurable goals stated in the permit and SWMP?
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MS4 Permit Improvement Guide
Stormwater management program (SWMP)
Review the most current SWMP documents for potential gaps that may need to be specifically
addressed in the reissued MS4 permit. EPA's MS4 Program Evaluation Guidance (available at
www.epa.gov/npdes/pubs/ms4guide withappendixa.pdf) can be used to assess the key elements in
a SWMP.
NPDES MS4 audit reports, construction/industrial/commercial site inspection reports
Review the findings from any MS4 audits conducted during the past permit term to help identify key
issues that should be addressed in the next permit. For example, if the audits identified weak or
missing program elements and other controls, these should be addressed in the reissuance of the
permit. Construction, industrial, and/or commercial site inspection reports for facilities within the
MS4's boundary should be reviewed to determine if there are common compliance issues that
should be addressed in the MS4 permit (for example, more training, more frequent inspections,
more complete inventory or prioritization, etc.).
Monitoring/Information on Quality of Receiving Waters
Review any monitoring data collected by the permittee or any other entity that has collected useful
monitoring data to identify potential pollutants of concern. In addition, the most recent information
on impaired waters and total maximum daily loads (TMDLs) for the permit area should be reviewed.
If there are waste load allocations (WLAs) applicable to the permittee, these should be addressed in
the permit. If no WLA has been assigned to the MS4, the permit writer should still consider
pollutants of concern identified in 303(d) lists and TMDLs when developing Permit Requirements.
Such information will help identify whether more targeted permit conditions are needed to reduce
the discharge of these pollutants. This Guide does not specifically address the inclusion of TMDL
requirements in MS4 permits.
Permit renewal application data or past notice of intent (NOI) information
Review any permit renewal applications or NOIs submitted to establish coverage for the previous
permit term. Permit writers should consider the recommendations made in the EPA "Interpretive
Policy Memorandum on Reapplication Requirements for Municipal Separate Storm Sewer Systems"
(www.epa.gov/npdes/pubs/owm0125.pdf) published in 1996 (40 CFR Part 122; Federal Register,
Volume 61, Number 155). This document provides information which clarifies the MS4
reapplication requirements and explains that MS4 permit applicants and NPDES permit writers have
discretion to customize appropriate and streamlined reapplication requirements on a case-by-case
basis.
Previous MS4 permit
Finally, review any past MS4 permits to identify where permit language should be revised or
completely rewritten, for example, because language was vague. This MS4 permit improvement
Guide should be used help strengthen key areas in the permit.
Note that if the MS4 permit is being issued for the first time, some of the above information will not
exist yet, such as past annual reports or old SWMP documents.
MS4 Permit Writing Tips
There are a few general tips to keep in mind when writing MS4 permits. First, and most importantly,
permit provisions should be clear, specific, measurable, and enforceable. Permits should include specific
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MS4 Permit Improvement Guide
deadlines for compliance, incorporate clear performance standards, and include measurable goals or
quantifiable targets for implementation. Doing so will allow permitting authorities to more easily assess
compliance, and take enforcement actions as necessary.
For example, the following permit provision could be strengthened: "The permittee shall demonstrate
compliance with this Permit through the timely implementation of control measures and other actions
to reduce pollutants in discharges to the maximum extent practicable in accordance with their SWMP..."
This permit provision does not define what "timely implementation" is, allowing the permittee to
determine what is timely. Timely implementation could be, although it probably was not intended to be,
interpreted as meaning up to five years, or it could mean that implementation must occur within six
months. In addition, "other actions" are mentioned in this provision, but they are never described. If a
permit requires "other actions," these actions should be specifically described in the permit. Finally, it is
important to strike a balance of providing specific Permit Requirements while still allowing the
permittee come up with innovative controls.
In addition, vague phrases such as "as feasible" and "as possible" should be avoided because they result
in inconsistent implementation by permittees and difficulties in permit authority oversight and
enforcement. The permit writer's role is to determine what is necessary to achieve in a permit term, and
to develop clear, enforceable language that conforms to these determinations. Accordingly, the permit
should set forth objective standards, criteria or processes, which will aid the permittee in complying
with the permit, as well as the permitting authority in determining compliance in the MS4 permit.
In order for permit language to be clear, specific, measurable and enforceable, each Permit
Requirement will ideally specify:
What needs to happen
Who needs to do it
How much they need to do
When they need to get it done
Where it is to be done
For each Permit Requirement: "What" is usually the stormwater control measure or activity required.
"Who" in most cases is implied as the permittee (although in some cases the permitting authority may
need to specify who exactly will carry out the requirement if there are co-permittees). "How much" is
the performance standard the permittee must meet (e.g., how many inspections). "When" is a specific
time (or a set frequency) when the stormwater control measure or activity must be completed.
"Where" indicates the specific location or area (if necessary). These questions will help determine
compliance with the permit requirement.
The Use of Partnerships in MS4 Permits
Since the Phase II Rule applies to all small MS4s within an urbanized area regardless of political
boundaries it is very likely that multiple governments and agencies within a single geographic area are
subject to MS4 permitting requirements. For example, a city government that operates a small MS4
within an urbanized area may obtain permit coverage under a general Phase II permit while other MS4s
in the same vicinity (such as a county, other cities, or a state DOT) may have individual Phase I MS4
permits. All permittees are responsible for permit compliance in their permitted area. Given the
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MS4 Permit Improvement Guide
potential for overlapping activities in close proximity, EPA encourages permittees in a geographic area to
establish cooperative agreements in implementing their stormwater programs. Partnerships and
agreements between permittees and/or other agencies can minimize unnecessarily repeating activities
and result in using available resources as efficiently as possible. Using existing tools and programs
instead of creating new ones can allow permittees to focus resources on high priority program
components instead. In addition by forming partnerships, water quality can be examined and improved
on a larger, consolidated scale rather than on a piece-meal, site-by-site basis.
In addition to requiring MS4 permittees to maintain records of program implementation such as
inspection forms, monitoring data, dry weather screening reports, and notices of violation, EPA
recommends that MS4 permits include requirements for permittees to summarize and analyze data and
submit the analysis to the permitting authority. For example, as permittees are required to evaluate
program compliance and appropriateness of best management practices, the permit could require
permittees to address in annual reports questions such as:
For illicit discharge data, what are the most prevalent sources and pollutants in the illicit
discharge data, and where are these illicit discharges occurring? How many illicit discharges
have been identified, and how many of those have been resolved? How many outfalls or
screening points were visually screened, how many had dry weather discharges or flows, at
how many were field analyses completed and for what parameters, and at how many were
samples collected and analyzed? Does the permittee need to conduct more inspections in
these areas, or develop more specific outreach targeting these sources and pollutants?
For the construction data, what are the most common construction violations, and are there
any trends in the data (e.g., construction operators who receive more violations than others,
areas of the MS4 with more violations, need to refine guidance or standards to more clearly
address common violations) How has the permittee responded to these trends? Over the
last year, how many construction site SWPPP reviews were completed and approved? How
many inspections were conducted, how many noncompliant sites were identified, and how
many enforcement actions (and of what type) were taken?
Also, although the stormwater Phase II rule requires reports, after the first permit term, reports are
required to be submitted only in years two and four of the permit term. EPA strongly encourages annual
reports for all permittees. (See 40 CFR 122.34(g)(3))
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MS4 Permit Improvement Guide
CHAPTER 1: ESTABLISHMENT OF THE STORMWATER MANAGEMENT
PROGRAM
Introduction
An over-arching legal authority framework must be established in P
order for the SWMP to be effective. Ensuring that the permittee has * Requirement to develop a
established the legal authority to meet the requirements of the stormwater management
permit, created a well described enforcement response plan (ERP),
and allocated adequate resources will set a necessary foundation ** Necessary legal authority
for the SWMP. ^ Enforcement Measures
and Tracking
Legal Authority ^ Adequate resources
Permittees must have the authority to carry out all aspects of their
stormwater management programs, including requiring the control
of pollutants flowing into the MS4 system, having access to inspect sources of pollutant discharges, and
being able to compel compliance and issue citations in the event of violations. Legal authority is
especially critical for construction site runoff control, post-construction/permanent runoff control,
industrial and commercial inspections, and illicit discharge detection and elimination programs. (See 40
CFR 122.26(d)(2)(i) and 40 CFR 122.34(b)(3)(ii)(B), (b)(4)(ii)(A), and (b)(5)(ii)(B))
A permittee seeking permit coverage under individual permits is required to describe the legal authority
it has to implement and enforce the SWMP. EPA recommends that general permits also require
regulated MS4s to describe their applicable legal authority in their Notices of Intent (NOIs) (40 CFR
122.26(d)(2)(i), 122.33(b)). This legal authority is typically established through the adoption of one or
more ordinances, or by modifying existing ordinances to provide the necessary authority. In some
cases, a permittee might already have codified water quality provisions to address previous MS4 Permit
Requirements; in this case, the permittee should be required to review existing codes and ordinances
and prepare a statement detailing any necessary changes required to address the new MS4 permit
requirements. Some permittees, such as, DOTs, universities, and prisons, may not have the authority to
create and enforce ordinances. For these entities other mechanisms and authorities that they do
possess should be utilized (e.g. DOT right-of-way permits).
Enforcement Measures and Tracking
Permittees are required by the Phase I and Phase II regulations to include in their ordinance, or other
regulatory mechanism, penalty provisions to ensure compliance with construction and industrial
requirements, to require the removal of illicit discharges, and to address noncompliance with post-
construction requirements. In complying with these requirements, EPA recommends the use of
enforcement responses that vary with the type of permit violation, and escalate if violations are
repeated or not corrected. EPA recommends that the permittee be required to develop and implement
an enforcement response plan (ERP), which clearly describes the action to be taken for common
violations associated with the construction program, industrial and commercial program, or other
SWMP programs. A well-written ERP provides guidance to inspectors on the different enforcement
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MS4 Permit Improvement Guide
responses available, actions to address general permit non-filers, when and how to refer violators to the
State, and how to track enforcement actions.
Adequate Resources
Each permittee will fund its SWMP differently; therefore, in order to assess whether adequate resources
have been allocated to carry out the requirements of the MS4 permit, the permitting authorities should
require their permittees to submit an accounting of stormwater-related budgets, costs, and staffing
resources updated annually. The fiscal analysis should document and explain changes to budgets from
year to year and describe how each type of funding can and cannot be used for stormwater program
activities. (See 40 CFR 122.26(d)(2)(vi)).
1.1 Requirement to Develop a Stormwater Management Program
Example Permit Provision
1.1.1 Requirement to Develop Program -The permittee must revise and update its
written stormwater management program (SWMP) document and submit the
SWMP to the [insert name of Permitting Authority] for review by [insert deadline,
e.g., within one year of permit issuance]. The permittee must continue to implement
the current SWMP until the revised SWMP is submitted. The SWMP does not
contain effluent limitations; the limitations are contained in Parts [insert relevant
part of the permit] of the permit.
1.1.2 Contents of the SWMP document - At a minimum, the permittee must include the
following information in its SWMP document:
a. Ordinances, or other regulatory mechanisms, providing the legal authority
necessary to implement and enforce the requirements of this permit (see Part
1.1);
b. Statement by the permittee's legal counsel certifying to adequacy of legal
authority (see Part 1.2);
c. Written procedures describing how the permittee will implement provisions
described in Parts 2-8.
1.1.3 Modifications to the SWMP document - The [insert applicable name of permitting
authority]may notify the permittee of the need to modify the SWMP document to
be consistent with the permit, in which case the permittee will have [insert deadline,
e.g. 90 days] to finalize such changes to the program. The permittee is required to
keep the SWMP document up to date during the term of the permit. Where the
permittee determines that modifications are needed to address any procedural,
protocol, or programmatic change, such changes must be made as soon as
practicable, but not later than [insert deadline, e.g. 90 days].
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MS4 Permit Improvement Guide
Example Permit Requirement Rationale for the Fact Sheet
The permittee is required to develop a SWMP document that describes how the permittee will
meet the control requirements in the permit. (See 40 CFR 122.26(d)(2)(iv), 122.34(a)). The
SWMP document is a consolidation of all of the permittee's relevant ordinances or other
regulatory requirements, the description of all programs and procedures (including standard
forms to be used for reports and inspections) that will be implemented and enforced to comply
with this permit and to document the selection, design, and installation of all stormwater
control measures. The permittee is required to submit its SWMP document to the permitting
authority. If modifications to the SWMP are necessary then the permitting authority will notify
the permittee.
Recommendation for the Permit Writer
The permit writer should include in this section the relevant parts of the permit that require specific
descriptions or justifications to be included in the SWMP document. Also, permit writers may need
to include an additional requirement regarding the submittal of the SWMP document since some
information contained in the SWMP document is required to be submitted prior to the permittee
obtaining permit coverage. In addition, permit writers should refer to the memo entitled Interim
Guidance on Implementation ofNPDES Regulations for Storm Water Phase II for Small Municipal
Separate Storm Sewer Systems in Response to Recent Ninth Circuit Decision in Environmental
Defense Center, et al. v. EPA, No. 00-70014 & consolidated cases (9* Cir.) for additional guidance on
the implementation of regulations for Phase II MS4s
(www.epa.gov/npdes/pubs/interim guidelines memo final.pdf).
1.2 Requirement to Develop Adequate Legal Authority to Implement
and Enforce Stormwater Management Program
Example Permit Provision
1.2.1 Within [insert deadline, e.g., one year from permit issuance] the permittee must
review and revise its relevant ordinances or other regulatory mechanisms, or adopt
any new ordinances or other regulatory mechanisms that provide it with adequate
legal authority to control pollutant discharges into and from its MS4, and to meet
the requirements of this permit.
1.2.2 To be considered adequate, this legal authority must, at a minimum, address the
following:
a. Authority to Prohibit Illicit Discharges - Prohibit and eliminate illicit connections
and discharges to the MS4. Illicit connections include pipes, drains, open
channels, or other conveyances that have the potential to allow an illicit
discharge to enter the MS4. Illicit discharges include all non-stormwater
discharges except fire fighting discharges, discharges from NPDES permitted
industrial sources and discharges not otherwise authorized under Part 1.2.2.b. of
this permit.
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b. Allowable Non-Stormwater Discharges -Exceptions to the prohibition in Part
1.2.2.a. may include the following, only if they are considered non-significant
contributors of pollutants: water line flushing, landscape irrigation, diverted
stream flows, rising ground waters, uncontaminated ground water infiltration
(as defined at 40 CFR 35.2005(20)) to separate storm sewers, 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.
c. Authority to Prohibit Spills or Other Releases - Control the discharge of spills,
and prohibit dumping or disposal of materials other than stormwater into the
MS4.
d. Authority to Require Compliance - Require compliance with conditions in the
permittee's ordinances, permits, contracts, or orders (i.e., hold dischargers
accountable for their contributions of pollutants and flows).
e. Authority to Require Installation, Implementation, and Maintenance of Control
Measures - Require owners/operators of construction sites, new or
redeveloped land, and industrial and commercial facilities to minimize the
discharge of pollutants to the MS4 through the installation, implementation, and
maintenance of stormwater control measures consistent with [insert references
to applicable stormwater control measure manuals, guidance documents, etc.].
f. Authority to Receive and Collect Information - The permittee must have the
authority to request from operators of construction sites, new or redeveloped
land, and industrial and commercial facilities information such as stormwater
plans, inspection reports, and monitoring results, and other information deemed
necessary to assess compliance with this permit. The permittee must also have
the authority to review designs and proposals for new development and
redevelopment to determine whether adequate stormwater control measures
will be installed, implemented, and maintained.
g. Authority to Inspect - The permittee must have the authority to enter private
property for the purpose of inspecting at reasonable times any facilities,
equipment, practices, or operations related to stormwater discharges to
determine whether there is compliance with local stormwater control
ordinances/standards or requirements in this Permit.
h. Response to Violations - The permittee must have the ability to promptly
require that violators cease and desist illicit discharges or discharges of
stormwater in violation of any ordinance or standard and/or cleanup and abate
such discharges, including the ability to:
1. Effectively require the discharger to abate and clean up their discharge, spill,
or pollutant release within [insert deadline, e.g. 48 hours] of notification; or
2. For uncontrolled sources of pollutants that could pose an environmental
threat, require abatement within [insert timeframe, e.g. 30 days of
notification]; or,
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3. Perform the clean up and abatement work and bill the responsible party, if
necessary.
4. If a situation persists where pollutant-causing sources or activities are not
abated, provide the option to order the cessation of activities until such
problems are adequately addressed.
5. When all parties agree that clean-up activities cannot be completed within
the timeframe provided, determine a new timeframe and notify the [insert
name of permitting authority].
i. Monetary Penalties - The permittee must have the ability to:
1. Levy citations or administrative fines against responsible parties either
immediately at the site, or within a few days.
2. Require recovery and remediation costs from responsible parties.
j. Civil/Criminal Penalties - The permittee must have the ability to impose more
substantial civil or criminal sanctions (including referral to a city or district
attorney) and escalate corrective response, consistent with its enforcement
response plan developed pursuant to Part 1.3, for persistent non-compliance,
repeat or escalating violations, or incidents of major environmental harm.
k. Interagency Agreements - Control of the contribution of pollutants from one
portion of the shared MS4to another portion of the MS4 through interagency
agreements or other similar agreements with other owners of the MS4, such as
[insert other applicable permittees].
1.2.3 The permittee must include as part of its written SWMP document a statement
certified by its chief legal counsel that the permittee has taken the necessary steps
to obtain and maintain full legal authority to implement and enforce each of the
requirements contained in this permit. This statement must include:
a. Identification of all departments within the permittee's jurisdiction that conduct
stormwater-related activities and their roles and responsibilities under this
permit. Include an up-to-date organizational chart specifying these departments,
key personnel, and contact information.
b. Identification of the local administrative and legal procedures and ordinances
available to mandate compliance with stormwater-related ordinances and
therefore with the conditions of this permit.
c. A description of how stormwater related-ordinances are implemented and
appealed.
d. A description of whether the municipality can issue administrative orders and
injunctions, or whether it must go through the court system for enforcement
actions.
Example Permit Requirement Rationale for the Fact Sheet
Adequate legal authority is required to implement and enforce most parts of the SWMP. (See
40 CFR 122.26(d)(2)(i) and 40 CFR 122.34(b)(3)(ii)(B), (b)(4)(ii)(A), and (b)(5)(ii)(B)). Without
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adequate legal authority the MS4 would be unable to perform many vital SWMP functions such
as performing inspections and requiring installation of control measures. In addition, the
permittee would not be able to penalize and/or attain remediation costs from violators.
Recommendations for the Permit Writer
A major difference between a traditional MS4 and a non-traditional MS4 (such as a DOT, military
base, or university) is often the scope of legal authority available to the MS4. Non-traditional MS4
permittees often cannot pass "ordinances" nor do they have enforcement authority like a typical
municipality, so legal authority may consist of policies, standards, or specific contract language.
Non-traditional MS4 permittees also do not generally have the authority to impose a monetary
penalty. Although these differences exist, just like traditional MS4s, non-traditional MS4s must have
the legal authority to develop, implement, and enforce the program. Moreover, the scope of legal
authority that may be exercised by MS4 operators that are municipalities may vary from state to
state. Therefore, permit writers should tailor the legal authority section depending on the types of
permittees covered and the scope of authority that may be exercised by the permittee. For
example, non-traditional MS4 permittees often have authority over what their contracts require.
Therefore, the permit could require that contracts for construction and maintenance activities
include specific stormwater requirements that ensure the permittee's requirements are met. In
addition, cooperative agreements could be maintained with those permittees that do possess the
legal authorities to enforce stormwater measures within the permittee's MS4 boundary.
The discharge prohibitions listed in Part 1.2.2 are taken from the Phase II regulations and are the
minimum requirements. Note that, unlike Phase II MS4s, Phase I MS4 permittees are required to
address the sources of non-stormwater discharges in Part 1.2.2.b. when they are identified as
sources of pollutants in stormwater discharges. (See 40 CFR 122.26(d)(2)(iv)(B)). The permit writer
may choose to apply additional or more stringent prohibitions. For example, some states have
chosen to prohibit discharges from street washing activities as they can be significant sources of
pollutants such as oil and grease and heavy metals.
1.3 Enforcement Measures and Tracking
Example Permit Provision
1.3.1 The permittee must continue to implement, and revise within [specify deadline for
completion, e.g. 12 months of permit issuance] if necessary, an enforcement
response plan (ERP), which sets out the permittee's potential responses to violations
and addresses repeat and continuing violations through progressively stricter
responses as needed to achieve compliance. The ERP must describe how the
permittee will use each of the following types of enforcement responses based on
the type of violation:
a. Verbal Warnings - Verbal warnings are primarily consultative in nature. At a
minimum, verbal warnings must specify the nature of the violation and required
corrective action.
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b. Written Notices - Written notices of violation (NOVs) must stipulate the nature
of the violation and the required corrective action, with deadlines for taking
such action.
c. Escalated Enforcement Measures - The Permittee must have the legal ability to
employ any combination of the enforcement actions below (or their functional
equivalent), and to escalate enforcement responses where necessary to address
persistent non-compliance, repeat or escalating violations, or incidents of major
environmental harm:
1. Citations (with Fines) -The ERP must indicate when the permittee will
assess monetary fines, which may include civil and administrative penalties.
2. Stop Work Orders - The permittee must have the authority to issue stop
work orders that require construction activities to be halted, except for
those activities directed at cleaning up, abating discharge, and installing
appropriate control measures.
3. Withholding of Plan Approvals or Other Authorizations - Where a facility is
in non-compliance, the ERP must address how the permittee's own approval
process affecting the facility's ability to discharge to the MS4 can be used to
abate the violation.
4. Additional Measures - The permittee may also use other escalated
measures provided under local legal authorities. The permittee may perform
work necessary to improve erosion control measures and collect the funds
from the responsible party in an appropriate manner, such as collecting
against the project's bond or directly billing the responsible party to pay for
work and materials.
1.3.2 Enforcement Tracking - The Permittee must track instances of non-compliance
either in hard-copy files or electronically. The enforcement case documentation
must include, at a minimum, the following:
a. Name of owner/operator of facility or site of violation
b. Location of stormwater source (i.e., construction project, industrial facility)
c. Description of violation
d. Required schedule for returning to compliance
e. Description of enforcement response used, including escalated responses if
repeat violations occur or violations are not resolved in a timely manner
f. Accompanying documentation of enforcement response (e.g., notices of
noncompliance, notices of violations)
g. Any referrals to different departments or agencies
h. Date violation was resolved.
1.3.3 Recidivism Reduction -The permittee is required to identify chronic violators of any
SWMP component and reduce the rate of noncompliance recidivism. The permittee
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must summarize inspection results by these chronic violators and include incentives,
disincentives, or an increased inspection frequency at the operator's sites. 2
Example Permit Requirement Rationale for the Fact Sheet
The permit requires permittees to have an established, escalating enforcement policy that
clearly describes the action to be taken for common violations. The policy must describe the
procedures to ensure compliance with local ordinances and standards, including the sanctions
and enforcement mechanisms that will be used to ensure compliance. (See 40 CFR
122.26(d)(2)(i)). It is critical that the MS4 have the authority to initiate a range of enforcement
actions to address the variability and severity of noncompliance. Enforcement responses to
individual violations must consider criteria such as magnitude and duration of the violation,
effect of the violation on the receiving water, compliance history of the operator, and good faith
of the operator in compliance efforts. Particularly for construction sites, enforcement actions
must be timely in order to be effective.
Recommendations for the Permit Writer
Typical enforcement mechanisms include verbal warnings, written NOVs, administrative fines and
orders, stop work orders, and civil or criminal penalties. Some non-traditional MS4 permittees, such
as DOTs and universities, may not have the authority to use the mechanisms described above.
Therefore the enforcement requirements in the permit should take the permittee's enforcement
limitations and abilities into consideration, allow for alternative mechanisms such as related
contract obligations or right-of-way permits, and/or require entities that cannot enforce to
coordinate with those entities that can. For example, if a DOT discovers an illicit discharge to the
right-of-way, a mechanism should be in place for the DOT to communicate with the adjacent
municipality to eliminate the discharge in a timely manner.
Some permit writers include specific language as to when permittees can refer violations of NPDES
permits to the permitting authority. Because of the often similar control measures required in MS4
construction programs and NPDES CGP SWPPP requirements, permit writers want the permittee to
make an honest effort at achieving compliance with their local requirements before referring a
violator to the NPDES permitting authority. An example of permit language on NPDES referrals,
which require the MS4 permittee to make a good faith effort at ensuring compliance by conducting
at least two inspections and notices of violation, follows:
NPDES Permit Referrals-For those construction projects or industrial facilities subject to the
[insert name of applicable NPDES general construction/industrial permit], the permittee
must:
2 Adapted from 2009 San Francisco Bay Municipal Regional Stormwater Permit (Order No. R2-2009-0074;
www.swrcb.ca.gov/sanfranciscobay/board decisions/adopted orders/2009/R2-2009-0074.pdf) and the Los
Angeles MS4 Permit (Part 3;
www.swrcb.ca.gov/rwqcb4/water issues/programs/stormwater/municipal/ms4 permits/los angeles/2001-
2007/LA MS4 Permit2001-2007.pdf)
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a. Refer non-filers (i.e., those facilities that cannot demonstrate that they obtained permit
coverage) to the [insert name of permitting authority] within [insert number of days,
e.g. 30 days] of making that determination. In making such referrals, the permittee
must include, at a minimum, the following documentation:
1. Construction project or industrial facility location.
2. Name of owner or operator.
3. Estimated construction project size or type of industrial activity (including SIC code if
known).
4. Records of communication with the owner or operator regarding filing requirements.
b. Refer violations to the [insert name of permitting authority] provided that the
permittee has made a good faith effort of progressive enforcement to achieve
compliance with its own ordinances. At a minimum, the permittee's good faith effort
must include documentation of two follow-up inspections and two warning letters or
notices of violation. In making such referrals, the permittee must include, at a
minimum, the following documentation:
1. Construction project or industrial facility location
2. Name of owner or operator
3. Estimated construction project size or type of industrial activity (including SIC code if
known)
4. Records of communication with the owner or operator regarding the violation, including
at least two follow-up inspections, two warning letters or notices of violation, and any
response from the owner or operator
It is important to note that a referral to the permitting authority does not relieve the MS4 from its
enforcement obligations. The MS4 must continue to work with the permitting authority, using all
available enforcement authority in order to gain compliance.
1.4 Requirement to Ensure Adequate Resources to Comply with
MS4 Permit
Example Permit Provision
1.4.1 Secure Resources-The permittee must secure the resources necessary to meet all
requirements of this permit.
1.4.2 Annual Fiscal Analysis - The permittee must conduct an annual analysis of the
capital and operation and maintenance expenditures needed, allocated, and spent
as well as the necessary staff resources needed and allocated to meet the
requirements of this permit, including any development, implementation, and
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enforcement activities required. The analysis must include estimated expenditures
for the reporting period, the preceding period, and the next reporting period and be
submitted with the annual report.
a. Each analysis must 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.
b. Each analysis must include a narrative description of circumstances resulting in a
[insert percentage, e.g. 25 percent or greater] annual change for any budget line
items.
c. Each analysis must include a description of the staff resources necessary to meet
the requirements of this permit.
Example Permit Requirement Rationale for the Fact Sheet
The annual fiscal analysis will show the allocated resources, expenditures, and staff resources
necessary to comply with the permit, and implement and enforce the permittee's SWMP. (See
40 CFR 122.26(d)(2)(vi). The annual analysis is necessary to show that the permittee has
adequate resources to meet all Permit Requirements. The analysis can also show year-to-year
changes in funding for the stormwater program. A summary of the annual analysis must be
reported in the annual report (see Section 8.4 and Appendix A). This report will help the
Permitting Authority understand the resources that are dedicated to compliance with this
permit, and to implementation and enforcement of the SWMP, and track how this changes over
time.
Recommendations for the Permit Writer
Permit writers should be specific when requesting financial analysis information from the permittee.
The Annual Report Template provided in this Guide includes basic questions that should be
adequate for Phase II MS4s. However, more detailed information may be warranted from more
established programs and larger Phase I MS4s.
Because stormwater is a component in many different program areas, it can often be difficult to get
an accurate accounting of costs. For example, inspection staff may have multiple responsibilities in
addition to stormwater inspections. Is it appropriate to count an entire inspector's time (i.e. full-
time equivalent (FTE)) as a stormwater cost if the inspector is also doing building inspections? Also,
some permittees count street sweeping as a stormwater compliance cost, while others consider
their street sweeping costs as an aesthetic or air quality cost. Permittees should provide a detailed
breakdown of costs, along with background or additional discussion so the permit writer knows
what the costs include.
Chapter 1: Establishment of the Stormwater Management Program 17
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CHAPTER 2: PUBLIC EDUCATION AND OUTREACH/PUBLIC
INVOLVEMENT
Introduction
The Phase II Regulations require MS4 permittees to develop , , , ,
6 H K K Included Concepts
programs to educate the public about the impact of stormwater
discharges on local waterways and the steps that citizens, * Devel°pin§ a
businesses, and other organizations can take to reduce the stoTwat
contamination of stormwater (40 CFR 122.34(b)(l),(2)). Phase I outreach program
MS4 permittees were also required to describe their proposed
...... . r^, . . ... , ... ,. ... * Involving the public in
public education programs as part of their initial permit application, . . d
but the regulations are not as specific as Phase II. (See 40 CFR implementing the SWMP
122.26(d)(2)(iv) (B), (D)(4) and (A)(6)).
As the public gains a greater understanding of the benefits of
stormwater management, an MS4 is likely to gain more support for the SWMP (including financial
support) and increased compliance with the applicable regulatory requirements as the public
understands how their actions impact water quality. Education and awareness programs help change
human behavior with respect to reducing the amount of pollution generated from stormwater sources
within the MS4 system. In addition to education, encouraging public participation in local stormwater
programs can lead to program improvement as well as enabling people to identify and report a
pollution-causing activity, such as spotting an illicit discharge.
2.1 Developing a Comprehensive Stormwater Education/Outreach
Program
Example Permit Provision
2.1.1 The permittee must:
a. Continue to implement, and revise if necessary within [specify the time when the
development of the program must be completed, e.g., within the first year after
permit issuance], a comprehensive stormwater education/outreach program.
The program must, at a minimum:
1. Define the goals and objectives of the program based on at least three high
priority, community-wide issues (e.g. reduction of nitrogen in discharges
from the MS4, promoting pervious techniques used in the MS4);
2. Identify and analyze the target audience(s);
3. Create an appropriate message(s) based on at least three targeted
residential issues and three targeted industrial/commercial issues from the
suggested list below (or three issues deemed more appropriate to the MS4):
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Residential Community
Residential car washing and auto
maintenance control measures
Off-pavement automobile parking
Home and garden care activities
(pesticides, herbicides, and fertilizers)
Disposal of household hazardous waste
(e.g. paints, cleaning products)
Snow removal activities
Using techniques that keep water
onsite and/or reduce imperviousness
(rain barrels, rain gardens, porous
pavers, permeable concrete, porous
asphalt, etc.)
Litter prevention
Importance of native vegetation for
preventing soil erosion
Public reporting of water quality issues
Community activities (monitoring
programs, environmental protection
organization activities, etc.)
Pet and other animal wastes
Industrial/Commercial Community
Automobile repair and maintenance
Control measures
Control measure installation and
maintenance
Lawful disposal of vacuum truck and
sweeping equipment waste
Pollution prevention and safe alternatives
Snow removal activities
Using techniques that keep water onsite
and/or reduce imperviousness (rain
barrels, rain gardens, porous pavers,
permeable concrete, porous asphalt, etc.)
Equipment and vehicle maintenance and
repair
Importance of good housekeeping (e.g.
sweeping impervious surfaces instead of
hosing)
Illicit discharge detection and elimination
observations and follow-up during daily
work activities
Water quality impacts associated with
land development (including new
construction and redevelopment)
Water quality impacts associated with
road resurfacing and repaving
4.
b.
c.
Develop appropriate educational materials (e.g. the materials can utilize
various media such as printed materials, billboard and mass transit
advertisements, signage at select locations, radio advertisements, television
advertisements, websites);
Determine methods and process of distribution;
Evaluate the effectiveness of the program; and
Utilize public input (e.g., the opportunity for public comment, or public
meetings) in the development of the program.
During the term of the permit, the permittee must distribute the educational
materials, using whichever methods and procedures determined appropriate by
the permittee, in such a way that is designed to convey the program's message
to [insert percentage or other appropriate numeric threshold, e.g., 20%] of the
target audience each year.
Within [insert deadline, e.g., within the permit term], the permittee must assess
changes in public awareness and behavior resulting from the implementation of
the program such as using a statistically valid survey and modify the
education/outreach program accordingly.
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d. The permittee must assess its stormwater education/outreach program annually
as specified in Part 8.3 of this permit. The permittee must adjust its educational
materials and the delivery of such materials to address any shortcomings found
as a result of this assessment.
e. Written procedures for implementing this program must be incorporated into
the SWMP document.
Example Permit Requirement Rationale for the Fact Sheet
Without a focused and comprehensive program, outreach and education efforts will likely be
poorly coordinated and possibly ineffective. The permit the permittee to develop an
education/outreach program that addresses the six steps listed and also found in EPA's Getting
In Step: A Guide to Effective Outreach in Your Watershed
(www.et3a.aov/watertrain/aettinginstei3/). This guide explains the steps in developing an
outreach plan, presents information on creating outreach materials, and provides tips in
working with the media. The permittee is encouraged to follow this guide in developing its
outreach strategy.
The public education and outreach program must be tailored and targeted to specific water
quality issues of concern in the relevant community. These community-wide and targeted
issues must then guide the development of the comprehensive outreach program, including the
creation of appropriate messages and educational materials. The permit includes a list of
potential residential and commercial issues, but the permittee may also choose other issues
that contribute significant pollutant loads to stormwater.
The permittee is encouraged to use existing public educational materials in its program.
Examples of public educational materials for stormwater are available at EPA's Nonpoint Source
Outreach Toolbox (www.epa.Qov/nps/toolbox). The permittee is also encouraged to leverage
resources with other agencies and municipalities with similar public education goals.
Finally, the underlying principle of any public education and outreach effort is to change
behaviors. The permittee must develop a process to assess how well its public education and
outreach programs is changing public awareness and behaviors and to determine what changes
are necessary to make its public education program more effective. This assessment of public
education programs is typically conducted via phone surveys, but other assessment methods
that quantify results can be used. The permittee is encouraged to use a variety of assessment
methods to evaluate the effectiveness of different public education activities. The permit
requires that the first evaluation assessment be conducted before the final year of the
permittee's coverage under this permit, before the next permit is issued. The allows the
permittee to make changes as appropriate before the next permit application is due, EPA's
Getting In Step: A Guide to Effective Outreach in Your Watershed
(www.epa.Qov/watertrain/QettinQinstep/) can provide useful information on setting up and
conducting the evaluations.
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Recommendations for the Permit Writer
EPA recommends that the requirement to identify high priority community-wide issues and targeted
issues be set at least 3 to 6 months before the stormwater education/outreach program is to be
implemented, so the permitting authority can review the issues and provide any feedback before
the plan is completed.
The permit can be a means for increasing public awareness and understanding of stormwater
impacts on local watersheds, including high quality watersheds that need protecting. EPA
recommends that the permit writer consider requiring permittees to identify and describe issues,
such as specific pollutants, the sources of those pollutants, impacts on biology, and the physical
attributes of stormwater runoff, in their education/outreach program, which affect local
watershed(s). Where applicable, the education/outreach program should identify and describe high
quality watersheds in need of protection and the issues that may threaten the quality of these
waters.
The list in Part 2.1.1.a(3) is not all-inclusive. Therefore, EPA recommends that the permit be written
to allow the permittee to indentify priority issue(s) not listed that may contribute a significant
pollutant load to stormwater. For Phase I, individual permits, it may be appropriate for the permit
writer to specify the priority issues based on known issues, monitoring data, historical trends, etc.
Phase II general permits will likely need to allow for more flexibility in selecting priority issues.
In addition, the permit writer will need to consider that DOTs and other "non-traditional" MS4s will
likely have different priority concerns than the ones identified in the categories above. In fact, the
categories (residential and commercial/industrial) may also need to be changed. In these instances,
the permit writer may want to consider having the non-traditional permittees work together with
any local government MS4s in their area to maximize the program and cost effectiveness of the
outreach.
The permit writer may consider specifying the mechanism the permittee is required to use to
measure the awareness of and behavior related to issues concerning stormwater runoff by the
general public, or targeted audiences within the general public. Examples of evaluations could
include:
Direct Evaluations Interviews
Surveys Review of media clippings
Tracking the number of attendees Tracking the number of stormwater-related
calls/emails/letters received
Permit writers should consider whether it is appropriate to require a baseline assessment of the
public's awareness of stormwater issues, for example in the second year of the permit term, so that
comparisons may be drawn in reference to the baseline. This would likely require the permittee to
conduct two assessments in the first permit term that the assessment is required.
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2.2 Involving the Public in Planning and Implementing the SWMP
Example Permit Provision
2.2.1 The permittee is required to involve the public in the planning and implementation
of activities related to the development and implementation of the SWMP. At a
minimum, the permittee must:
a. Establish a citizen advisory group or utilize existing citizen organizations. The
permittee may establish a stand-alone group or utilize an existing group or
process. The advisory group must consist of a balanced representation of all
affected parties, including residents, business owners, and environmental
organizations in the MS4 area and/or affected watershed. The permittee must
invite the citizen advisory group to participate in the development and
implementation of all parts of the community's SWMP.
b. Create opportunities for citizens to participate in the implementation of
stormwater controls (e.g., stream clean-ups, storm drain stenciling, volunteer
monitoring, and educational activities).
c. Ensure the public can easily find information about the permittee's SWMP.
2.2.2 Written procedures for implementing this program must be incorporated into the
SWMP document.
Example Permit Requirement Rationale for the Fact Sheet
Stormwater management programs can be greatly improved by involving the community
throughout the entire process of developing and implementing the program. Involving the
public benefits both the permittee itself as well as the community. B y listening to the public's
concerns and coming up with solutions together, the permittee will gain the public's support
and the community will become invested in the program. The permittees will likewise gain even
more insight into the most effective ways to communicate their messages.
This permit requires the involvement of the public, which includes a citizen advisory group or
process to solicit feedback on the stormwater program, and opportunities for citizens to
participate in implementation of the stormwater program. The citizen advisory group should
meet with the local land use planners and provide input on land use code or ordinance updates
so that land use requirements incorporate provisions for better management of stormwater
runoff and watershed protection. Public participation in implementation of the stormwater
program can include many different activities such as stream clean-ups, storm drain markings,
and volunteer monitoring.
Permittees are encouraged to work together with other entities that have an impact on
stormwater (for example, schools, homeowner associations, DOTs, other MS4 permittees).
Permittees are also encouraged to use existing advisory groups or processes in order to
implement these public involvement requirements.
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Recommendations for the Permit Writer
Especially for Phase I permittees, permit writers may consider requiring more specific information
such as requiring at least one contact that the public can reach (including phone number and/or e-
mail address) be clearly posted on the website. The contact may be a general contact or a specific
person. The permitting authority may want the MS4 to have a mechanism for the public to
comment year round, not just at public meetings. This could be facilitated by a webpage and email
or a stormwater hotline.
Some Phase II permittees may find it more difficult to establish and maintain a formal citizen
advisory group simply because they tend to have smaller populations. The permit writer may want
to provide flexibility for the Phase II permittees to utilize the public involvement mechanism which
best suits their individual community. For example, groups which are already involved with other
aspects of municipal governance or established events where input could be solicited (i.e. farmers
markets, festivals) may serve to meet the objective of this section.
Chapter 2: Public Education and Outreach/Public Involvement 23
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CHAPTERS: ILLICIT DISCHARGE DETECTION AND ELIMINATION
Introduction
Phase I (see 40 CFR 122.26 (d)(l)(v)(B) and (d)(l)(iv)(B)) and Phase II
stormwater management programs (see 40 CFR 122.26(d)(2)(iv)(B))
are required to address illicit discharges into the MS4 system. An
illicit discharge is defined as any discharge to a municipal separate
storm sewer system that is not composed entirely of stormwater,
except allowable discharges pursuant to an NPDES permit (40 CFR
122.26(b)(2)). In addition to requiring permittee to have the legal
authority to prohibit non-stormwater discharges from entering storm
sewers (CWA Section 402(p)(3)(B)) (see Chapter I), MS4 permits must
also require the development of a comprehensive, proactive Illicit
Discharge Detection Elimination (IDDE) program.
An effective IDDE program is more than just a program to respond to
complaints about illicit discharges or spills. Permittees must proactively
seek out illicit discharges, or activities that could result in discharges,
such as illegal connections to the storm sewer system, improper
disposal of wastes, or dumping of used motor oil or other chemicals.
Included Concepts
i» IDDE program
development
i> MS4 mapping
»» Identification of priority
areas
i> Field screening
i» IDDE source
investigations and
elimination
i» Public reporting of non-
stormwater discharges
and spills
i> Illicit discharge education
and training
In order to trace the origin of a suspected illicit discharge or connection, the permittee must have an
updated map of the storm drain system and a formal plan of how to locate illicit discharges and how to
respond to them once they are located or reported. The permittee must provide a mechanism for public
reporting of illicit discharges and spills, as well as an effective way for staff to be alerted to such reports.
Regular field screening of outfalls for non-stormwater discharges needs to occur in areas determined to
have a higher likelihood for illicit discharges and illegal connections. Proper investigation and enforcement
procedures must be in place to eliminate the sources of the discharges, as well. Finally, in order for the
permittee to adequately detect and eliminate sources of illicit discharges, both field and office staff must
be properly trained to recognize and report the discharges to the appropriate parties.
EPA recommends that permittees refer to the Center for Watershed Protection's guide on Illicit
Discharge Detection and Elimination (IDDE): A Guidance Manual for Program Development and
Technical Assistance (IDDE Manual, available at www.cwp.org) when developing an IDDE program.
3.1 IDDE Program Development
Example Permit Provision
3.1.1 The permittee must continue to implement a program to detect, investigate, and
eliminate non-stormwater discharges (see Part 1.2.2), including illegal dumping, into
its system. The IDDE program must include the following:
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a. An up-to-date storm sewer system map (see Part 3.2).
b. Procedures for identifying priority areas within the MS4 likely to have illicit
discharges, and a list of all such areas identified in the system (see Part 3.3)
c. Field screening to detect illicit discharges (see Part 3.4)
d. Procedures for tracing the source of an illicit discharge (see Part 3.5)
e. Procedures for removing the source of the discharge (see Part 3.5)
f. Procedures for program evaluation and assessment (see Part 8.3)
g. Procedures to prevent and correct any on-site sewage disposal systems that
discharge into the MS4. 3
3.1.2 In implementing the IDDE program, the permittee may conduct such investigations,
contract for investigation, coordinate with storm drain investigation activities of
others, or use any combination of these approaches.
3.1.3 For non-traditional MS4 permittees, if illicit connections or illicit discharges are
observed related to another operator's municipal storm sewer system then the
permittee must notify the other operator within [insert applicable deadline, e.g.,
within 48 hours] of discovery.
3.1.4 If another operator notifies the permittee of an illegal connection or illicit discharge
to the municipal separate storm sewer system then the permittee must follow the
requirements specified in Part 3.5.4.
3.1.5 Written procedures for implementing this program, including those components
described in Parts 3.1 - 3.7 must be incorporated into the SWMP document.
Example Permit Requirement Rationale for the Fact Sheet
EPA stormwater regulations define "illicit discharge" as "any discharge to a municipal separate
storm sewer that is not composed entirely of stormwater" except discharges resulting from fire
fighting activities and discharges from NPDES permitted sources (see 122.26(b)(2)). The
applicable regulations state that the following non-stormwater discharges may be allowed if
they are not determined to be a significant source of pollutants to the MS4 : water line flushing,
landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water
infiltration (as defined at 40 CFR 35.2005(20)), 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. If, however, these discharges are
determined to be a significant source of pollution then they are prohibited.
Examples of common sources of illicit discharges in urban areas include apartments and homes,
car washes, restaurants, airports, landfills, and gas stations. These so called "generating sites"
discharge sanitary wastewater, septic system effluent, vehicle wash water, washdown from
3 Vermont Phase II General Permit (www.vtwaterquality.org/stormwater/htm/sw ms4.htm)
Chapter 3: Illicit Discharge Detection and Elimination 25
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MS4 Permit Improvement Guide
grease traps, motor oil, antifreeze, gasoline and fuel spills, among other substances. Although
these illicit discharges can enter the storm drain system in various ways, they generally result
from either direct connections (e.g., wastewater piping either mistakenly or deliberately
connected to the storm drains) or indirect connections (e.g., infiltration into the storm drain
system, spills, or "midnight dumping"). Illicit discharges can be further divided into those
discharging continuously and those discharging intermittently.
One way of locating these dry weather discharges is to perform field screening of outfalls. If no
rain has occurred prior to the screening then it is likely that any flow observed at an outfall is
either groundwater or an illicit discharge. It is important to utilize resources effectively and to
target field screening activities in priority areas that are the most common sources of illicit
discharges. For example, municipalities with older neighborhoods should prioritize those areas
for targeted investigation due to the likelihood of cross connections with the sanitary sewer.
Older parts of the storm drain system may also be deteriorating and require repair or
replacement.
In addition, it is important that permittees establish clear policies and procedures for tracing
and eliminating illicit discharges to ensure that individual incidents are addressed consistently.
These policies should include procedures to notify neighboring localities if a discharge is
discovered either originating on or discharging to the neighboring storm sewer system.
Additional information is available in the Center for Watershed Protection's IDDE Manual.
Recommendations for the Permit Writer
In some instances the permit writer may choose to include more specific requirements. For
example, if the priority areas are already known, then Part 3.1.1.a may be more specifically worded.
In addition, regulations governing Phase I MS4 permits have somewhat different requirements
including specific field screening procedures (40 CFR 122.26(d)(l)(iii)(D) and 122.26(d)(2)(iii)) and a
program to detect and remove illicit discharges and improper disposal into the storm sewer (40 CFR
122.26(d)(2)(iv)(B).
3.2 MS4 Mapping
Example Permit Provision
3.2.1 The permittee must maintain an up-to-date and accurate storm sewer system map.
a. The storm sewer system map must show the following, at a minimum:
1. The location of all MS4 outfalls and drainage areas contributing to those
outfalls that are operated by the permittee, and that discharge within the
permittee's jurisdiction to a receiving water
2. The location (and name, where known to the permittee) of all waters
receiving discharges from those outfall pipes. Each mapped outfall must be
given an individual alphanumeric identifier, which must be noted on the
map. When possible, the outfalls must be located using a geographic
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MS4 Permit Improvement Guide
position system (GPS) and photographs should betaken to provide baseline
information and track operation & maintenance needs over time.4
3. Priority areas identified under Part 3.3
4. Field screening stations identified under Part 3.4.2.a
b. A copy of the storm sewer system map must be available onsite for review by
the permitting authority.
Example Permit Requirement Rationale for the Fact Sheet
In order to trace the origin of a suspected illicit discharge or connection, the permittee must
have an up-to-date map of its storm drain system. This is critical in order to isolate the potential
source of the non-stormwater discharges and the areas of potential impact. Ideally, the
information would be available as a geographic information system (GIS) layer in a geo-
locational database, however, paper maps are sufficient providing they have the necessary
reference information.
The permit primarily requires the mapping of outfalls, drainage areas contributing to those
outfalls, and receiving waters. The municipal facility inventory created to comply with the
pollution prevention/good housekeeping requirements (see Part 6.1) must also be included
either on this sewer system map or on a separate MS4 map.
Recommendations for the Permit Writer
Both Phase I and Phase II regulations require permittees to develop a map indicating outfalls and
the waters that receive the MS4 discharges. This map is to be used to identify priority areas that
have a reasonable potential for illicit discharges. The mapping requirements should be adjusted
based on any existing mapping of the MS4 that has already been completed. For example, Phase I
mapping should have been initiated during the initial permit application process. This map should
not be static, however, since it would need to be updated as development patterns change and new
collection and discharge components of the MS4 are added. The mapping requirement could be
supplemented by adding a requirement to "modify existing maps to clearly identify all receiving
waters."
3.3 Identification of Priority Areas
Example Permit Provision
3.3.1 The permittee must continue to identify the following as priority areas [insert areas
that may be more applicable to the jurisdiction]:
a. Areas with older infrastructure that are more likely to have illicit connections;
4 New Jersey Phase II General Permit (www.state.nj.us/dep/dwq/pdf/Tier A final.pdf), with modifications
Chapter 3: Illicit Discharge Detection and Elimination 27
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MS4 Permit Improvement Guide
b. Industrial, commercial, or mixed use areas;
c. Areas with a history of past illicit discharges;
d. Areas with a history of illegal dumping;
e. Areas with onsite sewage disposal systems;
f. Areas with older sewer lines or with a history of sewer overflows or cross-
connections; and
g. Areas upstream of sensitive waterbodies.
3.3.2 The permittee must document the basis for its selection of each priority area and
create a list of all priority areas identified in the system. This priority area list must
be updated [insert frequency, e.g., annually] to reflect changing priorities and be
available for review by the permitting authority.
Example Permit Requirement Rationale for the Fact Sheet
The permit requires an evaluation of the permittee's neighborhoods and land uses to identify
areas that are more likely to have illicit discharges. These areas must be prioritized for more
frequent screening and investigations. Each permittee will have a different set of priority areas:
newer communities with modern infrastructure are less likely to have sewer cross-connections
and illegal connections to the storm drain system, whereas towns with rural areas may place an
emphasis on illegal dumping and onsite sewage disposal systems. Prioritization must be based
not only on land use but also on prior history and frequency of problems.
The identification of priority areas must include "hotspots" or areas where dumping, spills, or
other illicit discharges are a common occurrence. These hotspots will help identify potential
field screening locations and may help target educational activities. For example, if evidence of
motor oil dumping is found quite frequently and traced to the same apartment complex,
information about motor oil disposal could be distributed to residents in response.
Recommendations for the Permit Writer
Phase I permittees should have been documenting information regarding high priority areas for
several permit terms. In these instances the permit writer should require the permittee to
continually evaluate and update the priority areas as development patterns change or new
"hotspot" areas are found. If the permit writer has information regarding priority areas which are
specific to the Phase I permittee (e.g. certain high priority watersheds or land use types which
typically discharge a pollutant of concern) then those specific areas should be specified as high
priority.
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MS4 Permit Improvement Guide
3.4 Field Screening
Example Permit Provision
3.4.1 The permittee must continue to implement and revise if necessary within [specify
deadline for completion] a written dry weather field screening and analytical
monitoring procedures to detect and eliminate illicit discharges to the MS4. These
procedures must be included as part of the IDDE program, and incorporated into the
permittee's SWMP document. Dry weather field screening and analytical monitoring
consists of (1) field observations; (2) field screening monitoring; and (3) analytical
monitoring at selected stations.
3.4.2 Conduct dry weather field screening and analytical monitoring. At a minimum, the
permittee must:
a. Identify a minimum of [specify number] stations within the priority areas it
identified in Part 3.3.1 at which field screening and analytical monitoring will
take place. In addition, if the permittee is made aware of non-stormwater
discharges that occur during the permit term outside of the priority areas, the
permittee must include field screening stations in those areas;
b. Conduct dry weather field screening and analytical monitoring at each station
identified above at least once [insert timeframefor dry part of year, or specify
annually].
c. Sample runoff according to requirements outlined in (1) and (2) below if flow or
ponded runoff is observed at a field screening station and there has been at least
seventy-two (72) hours of dry weather. The permittee must also record general
information such as time since last rain, quantity of last rain, site descriptions (e.g.,
conveyance type, dominant watershed land uses), flow estimation (e.g., width of
water surface, approximate depth of water, approximate flow velocity, flow rate),
and visual observations (e.g., odor, color, clarity, floatables, deposits/stains,
vegetation condition, structural condition, and biology).
1. Field screening requirements: The permittee is required to conduct a field
screening analysis for the following constituents. Samples must be collected
and analyzed consistent with the procedures required by 40 CFR Part 136.
[insert specific indicator pollutants that the permittee is required to monitor
for.]
2. Analytical monitoring requirements: In addition to field screening, the
permittee is required to collect samples for analytical laboratory analysis of
the following constituents for a minimum of [insert percentage] of the
samples taken. Samples must be collected and analyzed consistent with the
procedures required by 40 CFR Part 136.
[insert specific pollutants of concern that the permittee is required to
monitor for]
3. Develop benchmark concentration levels for dry weather field screening and
analytical monitoring results whereby exceedance of the benchmark will
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MS4 Permit Improvement Guide
require follow-up investigations to be conducted to identify and eliminate
the source causing the exceedance of the benchmark.
d. Conduct a follow-up investigation under Part 4.5 if the benchmarks associated
with the constituents listed above in Part 3.4.2.c(l) and (2) are exceeded; and
e. Make and record all applicable observations and select another station from the
list of alternate stations for monitoring if, after two subsequent field screening
tests have been completed, the field screening station is dry (i.e., no flowing or
ponded runoff).
3.4.3 The permittee must assess its IDDE program every [specify deadline for completion,
e.g., once per permit term] to determine if updates are needed. Where updates are
found to be necessary, the permittee must make such changes [insert deadline for
finalizing changes].
Example Permit Requirement Rationale for the Fact Sheet
The permit requires the development of a dry weather field screening and analytical monitoring
program. The program must identify stations (e.g., outfalls) within the identified "priority
areas" where the field screening will be conducted. At a frequency set by the permitting
authority, the permittee must screen outfalls during dry weather and, if flow or ponded water is
observed, collect a sample for field screening and analytical monitoring.
Visually screening outfalls during dry weather and conducting field tests, where flow is
occurring, of selected chemical parameters as indicators of the discharge source will assist
permittees in determining the source of illicit discharges. For example, the presence of
surfactants is an indicator that sewage could be present in the discharge (e.g., soaps being
discharged into sewer system as an indicator that wastewater is being discharged). Specific
conductivity, fluoride and/or hardness concentration, ammonia and/or potassium
concentration, surfactant and/or fluorescence concentration, chlorine concentration, pH, and
other chemicals may similarly be indicative of industrial sources.
The permit requires the permittee to develop benchmarks for dry weather screening and
analytical monitoring results. An exceedance of the benchmark concentration level indicates the
need to conduct a follow-up investigation. The results will help the permittee narrow down the
possible sources causing the benchmark to be exceeded so that they can then be eliminated.
This is a common protocol to trigger additional monitoring and/or implementation of BMPs at
stormwater discharges (e.g. MSGP has sector-specific benchmark monitoring requirements).
Recommendations for the Permit Writer
There are many options for field screening programs available to the permit writer that will meet
the requirements of the regulations. Phase I regulations require that permittees conduct initial field
screening of the entire MS4 during the permit application process as well as on-going field screening
activities during the life of the permit. Based on this historical information and data, permit writers
may want to specify in Phase I individual permits which priority areas must be screened. They may
Chapter 3: Illicit Discharge Detection and Elimination 30
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also want to specify how many outfalls or what percentage of the outfalls should be inspected
during the permit term.
In addition, for new Phase II permittees, permit writers may want to require screening of all priority
areas during the first permit term and then require on-going screening in the areas where illicit
discharges were identified.
This permit language includes analytical monitoring at dry weather field screening locations. The
monitoring required during field screening (Part 3.4.2.C.I.) should include appropriate indicator
pollutants, i.e. pollutants that will indicate the presence of some sort of illicit discharge. For
example, Phase II NPDES regulations suggest sampling for specific conductivity, ammonia, surfactant
and/or fluorescence concentration, pH and other chemicals indicative of industrial sources.
Permit writers should select the additional pollutants to be monitored based upon specific
pollutants of concern for the receiving water(s) and/or specific indicator pollutants which can assist
the MS4 in the location of particular discharges of concern and the potential water quality impact of
the discharge. For example, the Phase I San Diego MS4 Permit requires that permittees monitor the
following parameters during field screening: total hardness, oil and grease, diazinon and
chlorpyrifos, cadmium (dissolved), lead (dissolved), zinc (dissolved), copper (dissolved),
Enterococcus bacteria, total coliform bacteria, and fecal coliform bacteria.
Permit writers should encourage or even require permittees to use the CWP IDDE Manual and/ or
EPA's 2008 Multi-Sector General Permit (www.epa.gov/npdes/stormwater/msgp) to develop
benchmarks for each parameter.
In the IDDE Manual it is strongly recommended that benchmarks be developed specifically for each
area. As an example, the IDDE Manual lists the following benchmark concentrations (Table 3-1) to
identify industrial discharges:
Table 3-1. Benchmark concentrations to identify Industrial Discharges
(from CWP IDDE Manual, Table 45)
Indicator Parameter
Ammonia
Color
Conductivity
Hardness
PH
Potassium
Turbidity
Benchmark Concentration
>=
>=
>=
<=
<=
>=
>=
50 mg/L
500 units
2,000 u.S/cm
10 mg/L as CaCOS or >= 2,000 mg/L as CaCOS
5
20 mg/L
1,000 NTU
For comparison purposes, the chemical fingerprint for different flow types in Alabama is presented
in Table 3-2. The chemical fingerprint for each flow type can differ regionally, so permittees should
develop their own "fingerprint" library by sampling each flow type.
Table 3-2. Comparative "Fingerprint" (Mean Values) of Flow Types (from CWP IDDE Manual,
Table 1)
Flow Type
Sewage
Septage
Hardness
(mg/L as CaCOS)
50 (0.26)
57 (0.36)
NH3 (mg/L)
25 (0.53)
87 (0.4)
Potassium
(mg/L)
12 (0.21)
19 (0.42)
Conductivity
(uS/cm)
1215 (0.45)
502 (0.42)
Fluoride
(mg/L)
0.7(0.1)
0.93 (0.39)
Detergents
(mg/L)
9.7 (0.17)
3.3 (1.33)
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Table 3-2. Comparative "Fingerprint" (Mean Values) of Flow Types (from CWP IDDE Manual,
Table 1)
Laundry
Washwater
Car Washwater
Plating Bath
(Liquid Industrial
Waste)
Radiator Flushing
(Liquid Industrial
Waste)
Tap Water
Groundwater
Landscape
Irrigation
45 (0.33)
71 (0.27)
14330 (0.32)
5.6 (1.88)
52 (0.27)
38 (0.19)
53 (0.13)
3.2 (0.89)
0.9 (1.4)
66 (0.66)
26 (0.89)
<0.06 (0.55)
0.06 (1.35)
1.3(1.12)
6.5 (0.78)
3.6 (0.67)
1009 (1.24)
2801 (0.13)
1.3 (0.37)
3.1(0.55)
5.6(0.5)
463.5 (0.88)
274 (0.45)
10352 (0.45)
3280 (0.21)
140 (0.07)
149 (0.24)
180(0.1)
0.85 (0.4)
1.2(1.56)
5.1 (0.47)
149(0.16)
0.94 (0.07)
0.13(0.93)
0.61(0.35)
758 (0.27)
140 (0.2)
6.8(0.68)
15 (0.11)
0(NA)
0(NA)
0(NA)
The number in parentheses after each concentration is the Coefficient of Variation.
Source: Robert Pitt data from CWP IDDE Manual
The permit writer may also want to require the permittee to analyze a certain number of discharge
samples to characterize the concentration of certain pollutants in the different drainage areas. This
characterization sampling would be in addition to any characterization sampling completed for the
Phase I permit application. This type of sampling would not necessarily aid in the elimination of the
source of the discharge, however, the data would be useful in characterizing the discharge from the
MS4.
For those areas that have ponding or flow during dry weather, permit writers may consider allowing
permittees the flexibility to look for indicators of an illicit discharge before conducting water quality
tests due to baseline flow (e.g. baseflow, groundwater flow, irrigation return flows) in certain areas.
In these cases, permit writers could require that sensory indicators (i.e. odor, color, turbidity, and
floatables) be evaluated.
For additional guidance on field screening, the IDDE Manual describes an outfall reconnaissance
inventory (ORI) to assess outfalls and conduct indicator monitoring to help identify illicit discharges.
Regardless of the field screening scheme, it is also very important to emphasize in the permit
conditions that monitoring must be done in compliance with 40 CFR 136.
3.5 IDDE Source Investigation and Elimination
Example Permit Provision
3.5.1 The permittee is required to develop written procedures for conducting
investigations into the source of all identified illicit discharges, including approaches
to requiring such discharges to be eliminated.
3.5.2 Minimum Investigation Requirements - At a minimum, the permittee is required to
conduct an investigation(s) to identify and locate the source of any continuous or
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intermittent non-stormwater discharge within [specify time period] of becoming
aware of the illicit discharge.
a. Illicit discharges suspected of being sanitary sewage and/or significantly
contaminated must be investigated first.
b. Investigations of illicit discharges suspected of being cooling water, wash water,
or natural flows may be delayed until after all suspected sanitary sewage and/or
significantly contaminated discharges have been investigated, eliminated and/or
resolved.
c. The permittee must report immediately the occurrence of any dry weather flows
believed to be an immediate threat to human health or the environment to
[insert state water quality emergency contact phone number].
d. The permittee must track all investigations to document at a minimum the date(s)
the illicit discharge was observed; the results of the investigation; any follow-up
of the investigation; and the date the investigation was closed.
3.5.3 Determining the Source of the Illicit Discharge -The permittee is required to
determine and document through its investigations, carried out in Part 3.5.1, the
source of all illicit discharges. If the source of the illicit discharge is found to be a
discharge authorized under [insert NPDES discharge permit reference] of an NPDES
permit, no further action is required.
a. If an illicit discharge is found, but within six (6) months of the beginning of the
investigation neither the source nor the same non-stormwater discharge has
been identified/observed, then the permittee must maintain written
documentation for review by the permitting authority.
b. If the observed discharge is intermittent, the permittee must document that a
minimum of three (3) separate investigations were made to observe the
discharge when it was flowing. If these attempts are unsuccessful, the Permittee
must maintain written documentation for review by the permitting authority.
However, since this is an ongoing program, the Permittee should periodically
recheck these suspected intermittent discharges.5
3.5.4 Corrective Action to Eliminate Illicit Discharge - Once the source of the illicit
discharge has been determined, the permittee must immediately notify the
responsible party of the problem, and require the responsible party to conduct all
necessary corrective actions to eliminate the non-stormwater discharge within
[specify deadline]. Upon being notified that the discharge has been eliminated, the
permittee must conduct a follow-up investigation and field screening, consistent
with Part 3.4, to verify that the discharge has been eliminated. The permittee is
required to document its follow-up investigation. The permittee may seek recovery
and remediation costs from responsible parties consistent with Part 1.2, or require
compensation for the cost of field screening and investigations. Resulting
enforcement actions must follow the SWMP ERP.
5 New Jersey Phase II Permit (www.state.nj.us/dep/dwq/pdf/Tier A final.pdf)
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Example Permit Requirement Rationale for the Fact Sheet
The Clean Water Act, section 402(p)(3)(B)(ii) requires MS4 permits to "effectively prohibit non-
stormwater discharges into the storm sewers." The permit implements this requirement, in
part by requiring the development of procedures to investigate and eliminate illicit discharges.
The permittee must develop a clear, step-by-step procedure for conducting the investigation of
illicit discharges. The procedure must include an investigation protocol that clearly defines what
constitutes an illicit discharge "case" and when a case is considered "closed." In many
circumstances, sources of intermittent, illicit discharges are very difficult to locate, and these
cases may remain unresolved. The permit requires that each case be conducted in accordance
with the SOPs developed to locate the source and conclude the investigation, after which the
case may be considered closed. A standard operating procedure (SOP) document is required in
order to provide investigators with guidance and any necessary forms to ensure that consistent
investigations occur for every illicit discharge incident.
Physical observations and field testing can help narrow the identification of potential sources of
a non-stormwater discharge; however it is unlikely that either will pinpoint the exact source.
Therefore, the permittee will need to perform investigations "upstream" to identify illicit
connections to systems with identified problem outfalls.
Once the source of the non-stormwater discharge is determined through investigation,
corrective action is required to eliminate the problem source. Resulting enforcement actions
must follow the SWMP ERP. The permittee may conduct remediation activities on its own, in
which case the permittee must require compensation for any and all costs related to eliminating
the non-stormwater discharge. Non-traditional MS4 permittees may be limited in their ability
to seek recovery.
Recommendations for the Permit Writer
Both Phase I and Phase II regulations require permittees to develop a process to trace the source of
illicit discharges and eliminate them. The regulations also state that appropriate enforcement
procedures and actions must be included in this process.
3.6 Public Reporting of Non-Stormwater Discharges and Spills
Example Permit Provision
3.6.1 The permittee must promote, publicize, and facilitate public reporting of illicit
discharges or water quality impacts associated with discharges into or from MS4s
through a central contact point, including phone numbers for complaints and spill
reporting, and publicize to both internal permittee staff and the public. If 911 is
selected, the permittee must also create, maintain, and publicize a staffed, non-
emergency phone number with voicemail, which is checked daily.
3.6.2 The permittee must develop a written spill/dumping response procedure, and a flow
chart or phone tree, or similar list for internal use, that shows the procedures for
responding to public notices of illicit discharges, the various responsible agencies
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and their contacts, and who would be involved in illicit discharge incidence
response, even if it is a different entity other than the permittee.
3.6.3 The permittee must conduct reactive inspections in response to complaints and
follow-up inspections as needed to ensure that corrective measures have been
implemented by the responsible party to achieve and maintain compliance.6
Example Permit Requirement Rationale for the Fact Sheet
This provision serves to implement, in part, the statutory requirement that MS4 permits
effectively prohibit non-stormwater discharges. Spills, leaks, sanitary sewer overflows, and illicit
dumping or discharges can introduce a range of stormwater pollutants into the storm system.
Prompt response to these occurrences is the best way to prevent or reduce negative impacts to
waterbodies. The permittee must develop a spill response SOP that includes an investigation
procedure similar to or in conjunction with the investigation SOP developed for illicit discharges
in general (see Section 3.5). Often, a different entity might be responsible for spill response in a
community (i.e. fire department), therefore, it is imperative that adequate communication
exists between stormwater and spill response staff to ensure that spills are documented and
investigated in a timely manner.
A stormwater hotline can be used to help permittees become aware of and mitigate spills or
dumping incidents. Spills can include everything from an overturned gasoline tanker to
sediment leaving a construction site to a sanitary sewer overflow entering into a storm drain.
Permittees must set up a hotline consisting of any of the following (or combination thereof): a
dedicated or non-dedicated phone line, E-mail address, or website.
Recommendations for the Permit Writer
Spills which occur due to municipal staff activities are considered illicit discharges, but, spill
prevention could also be addressed in the municipal operations/good-housekeeping portion of the
permit as in this Guide (Chapter 6).
Facilitating public reporting of illicit discharges is specifically required in the Phase I regulations and
as a part of the plan to detect and address illicit discharge, EPA recommends that Phase II
permittees also develop a venue to promote, publicize, and facilitate public reporting of these
discharges.
It is also noteworthy that smaller Phase II MS4s may utilize outside agency resources for spill
response and/or they may use a neighboring locality. In this case, permittees will need to
coordinate with these agencies to ensure appropriate spill response occurs and the necessary
documentation is completed.
6 San Francisco Municipal Regional Stormwater permit
(www.swrcb.ca.gov/sanfranciscobay/board decisions/adopted orders/2009/R2-2009-0074.pdf), with
modifications
Chapter 3: Illicit Discharge Detection and Elimination 35
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3.7 Illicit Discharge Education & Training
Example Permit Requirement
3.7.1 The permittee must continue to implement a training program for all municipal field
staff, who, as part of their normal job responsibilities, may come into contact with or
otherwise observe an illicit discharge or illicit connection to the storm sewer system.
Contact information, including the procedure for reporting an illicit discharge, must
be included in the permittee's fleet vehicles that are used by field staff. Training
program documents must be available for review by the permitting authority.
3.7.2 By no later than [insert applicable deadline, e.g., 6 months after permit
authorization], the permittee must train all staff identified in Section 3.7.1 above on
the identification of an illicit discharge or connection, and on the proper procedures
for reporting and responding to the illicit discharge or connection. Follow-up
training must be provided as needed to address changes in procedures, techniques,
or staffing. The permittee must document and maintain records of the training
provided and the staff trained. 7
Example Permit Requirement Rationale for the Fact Sheet
The permit requires the permittee to train field staff, who may come into contact or observe
illicit discharges, on the identification and proper procedures for reporting illicit discharges.
Field staff to be trained may include, but are not limited to, municipal maintenance staff,
inspectors, and other staff whose job responsibilities regularly take them out of the office and
into areas within the MS4 area. Permittee field staff are out in the community every day and
are in the best position to locate and report spills, illicit discharges, and potentially polluting
activities. With proper training and information on reporting illicit discharges easily accessible,
these field staff can greatly expand the reach of the IDDE program.
Recommendations for the Permit Writer
Permit writers may wish to require training of office staff (or all permittee staff), as well as field
staff, as they can act as additional "eyes and ears" since they typically live in the community. The
training should consist of how to identify illicit discharges and dumping, as well as the appropriate
people to contact based on the type of discharge that is occurring.
Existing permittees (Phase I and Phase II) may have been training staff for several permit terms. For
this reason, the permit writer may want the permittee to focus on annual "refresher" trainings for
existing staff and new employees within a certain time of their hire date.
7 Washington State Phase I Permit (www.ecy.wa.gov/programs/wq/stormwater/municipal/phaselpermit/
MODIFIEDpermitDOCS/PhaselpermitSIGNED.pdf)
Chapter 3: Illicit Discharge Detection and Elimination 36
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CHAPTER 4: CONSTRUCTION
Introduction
MS4 permits must address construction-related requirements (and
often more specific state requirements) found in the following
Federal regulations - Phase I MS4 Regulations 40 CFR
122.26(d)(2)(iv)(D) and Phase II MS4 Regulations 40 CFR
122.34(b)(4). Specific Permit Requirements should vary based on
state requirements, rainfall amounts or other site-specific factors,
but, in general, the requirements imposed on MS4 permittees for
stormwater management of discharges associated with
construction activities consist of several common requirements.
Included Concepts
in- Construction
requirements and control
measures
>>' Construction site
inventory
I* Construction plan review
procedures
Construction site
inspections and
enforcement
MS4 staff training
Construction site operator
education and public
involvement
Permits must require that the permittee enact, to the extent
allowed by State, Tribal or local law, an ordinance or other
regulatory mechanism as part of the construction program that
controls runoff from construction sites with a land disturbance of
greater than or equal to one acre, including projects less than one
acre that are part of a larger common plan of development or sale.
As part of the ordinance or other regulatory mechanism, the
permittee should provide commonly understood and legally binding
definitions. These terms should be defined consistently across
other related guidance and regulatory documents. Note that EPA's
recommended definitions addressing this requirement are included in Appendix B.
Permits must require that MS4 permittees ensure that construction site operators select and implement
appropriate erosion and sediment control measures to reduce or eliminate the impacts to receiving
waters. The permit can require that permittees develop their own standards and specifications, but
often it is preferable to require the permittees to utilize existing guidance that is approved by the
permitting authority.
The permit must require that the permittee establish review procedures for construction site plans to
determine potential water quality impacts and ensure the proposed controls are adequate. These
procedures must include the review of individual pre-construction site plans to ensure consistency with
local sediment and erosion control requirements. In addition, the permit must include requirements for
inspection and enforcement of erosion and sediment control measures once construction begins.
Finally, Phase I MS4 permits must require the development of educational materials and training for
construction site operators, and EPA recommends that training on stormwater controls for construction
site operators be mandated in Phase II MS4 permits as well. Training should address site requirements
for control measures, local stormwater requirements, enforcement activities, and penalties for non-
compliance.
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MS4 Permit Improvement Guide
4.1 Construction Requirements and Control Measures
Example Permit Provision
4.1.1 The permittee must continue to implement a program which requires operators of
public or private "construction activities" to select, install, implement, and maintain
stormwater control measures that comply with [Insert reference to documents
including any and all applicable erosion and sediment control, pollution prevention,
and other stormwater requirements, including applicable CGP, State, and local
requirements.] "Construction activity" for this permit includes, at a minimum, all
public and private construction sites that result in a total land disturbance of [insert
disturbance threshold - either one or more acres or that result in a total land
disturbance of less than one acre if part of a larger common plan or development or
sale, or an alternative threshold that includes disturbances of less than one acre].
Written procedures for implementing this program, including the components
described in Parts 4.2 - 4.6, must be incorporated into the SWMP document. The
permittee's construction program must ensure the following minimum requirements
are effectively implemented for all construction activity discharging to its MS4:
[Insert specific minimum requirements, such as:
a. Erosion and Sediment Controls. Design, install and maintain effective erosion
controls and sediment controls to minimize the discharge of pollutants. At a
minimum, such controls must be designed, installed and maintained to:
(1) Control stormwater volume and velocity within the site to minimize soil
erosion;
(2) Control stormwater discharges, including both peak flowrates and total
stormwater volume, to minimize erosion at outlets and to minimize
downstream channel and streambank erosion;
(3) Minimize the amount of soil exposed during construction activity;
(4) Minimize the disturbance of steep slopes;
(5) Minimize sediment discharges from the site. The design, installation and
maintenance of erosion and sediment controls must address factors such as
the amount, frequency, intensity and duration of precipitation, the nature of
resulting stormwater runoff, and soil characteristics, including the range of
soil particle sizes expected to be present on the site;
(6) Provide and maintain natural buffers around surface waters, direct
stormwater to vegetated areas to increase sediment removal and maximize
stormwater infiltration, unless infeasible; and
(7) Minimize soil compaction and, unless infeasible, preserve topsoil.
b. Soil Stabilization. Stabilization of disturbed areas must, at a minimum, be
initiated immediately whenever any clearing, grading, excavating or other earth
disturbing activities have permanently ceased on any portion of the site, or
temporarily ceased on any portion of the site and will not resume for a period
exceeding 14 calendar days. Stabilization must be completed within a period of
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MS4 Permit Improvement Guide
time determined by the permittee. In arid, semiarid, and drought-stricken areas
where initiating vegetative stabilization measures immediately is infeasible,
alternative stabilization measures must be employed as specified by the
permittee.
c. Dewatering. Discharges from dewatering activities, including discharges from
dewatering of trenches and excavations, are prohibited unless managed by
appropriate controls.
d. Pollution Prevention Measures. Design, install, implement, and maintain
effective pollution prevention measures to minimize the discharge of pollutants.
At a minimum, such measures must be designed, installed, implemented and
maintained to:
(1) Minimize the discharge of pollutants from equipment and vehicle washing,
wheel wash water, and other wash waters. Wash waters must be treated in
a sediment basin or alternative control that provides equivalent or better
treatment prior to discharge;
(2) Minimize the exposure of building materials, building products, construction
wastes, trash, landscape materials, fertilizers, pesticides, herbicides,
detergents, sanitary waste and other materials present on the site to
precipitation and to stormwater; and
(3) Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
e. Prohibited Discharges. The following discharges are prohibited:
(1) Wastewater from washout of concrete, unless managed by an appropriate
control;
(2) Wastewater from washout and cleanout of stucco, paint, from release oils,
curing compounds and other construction materials;
(3) Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and,
(4) Soaps or solvents used in vehicle and equipment washing.
f. Surface Outlets. When discharging from basins and impoundments, utilize
outlet structures that withdraw water from the surface, unless infeasible.
Example Permit Requirement Rationale for the Fact Sheet
Stormwater discharges from construction sites generally includes sediment and other pollutants
such as phosphorus and nitrogen, turbidity, pesticides, petroleum derivatives, construction
chemicals, and solid wastes that may become mobilized when land surfaces are disturbed. The
permit requires MS4 permittees to require construction site operators at defined sites to meet
certain minimum stormwater requirements relating to erosion and sediment control and
pollution prevention, and to meet other restrictions imposed on them by the State, or local
regulations. These minimum requirements clearly specify the expectations for addressing
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MS4 Permit Improvement Guide
erosion control, sediment control, and pollution prevention control measures at construction
sites.
EPA's Effluent Limitations Guidelines and Standards for the Construction and Development
Point Source Category (74 FR 62996, December 1, 2009) require construction site owners and
operators to implement a range of erosion and sediment control measures and pollution
prevention practices to control pollutants in discharges from construction sites. These
standards will be required in state construction general permits as they are reissued. These
standards are broadly applicable to all construction activity disturbing one or more acres. They
provide an objective means of describing appropriate erosion and sediment control best
management practices, pollution prevention controls on construction site waste and storage of
building materials and other reasonable components of the permittee's program to reduce
pollutants to the maximum extent practicable in stormwater from construction sites that
discharge through the MS4.
Recommendations for the Permit Writer
The Phase II stormwater regulations require permittees to develop a construction site program
addressing "land disturbance of greater than or equal to one acre." However, some states may have
more stringent requirements that apply to some permittees, or the permit writer may have
discretion to lower the one acre threshold if this threshold is too high for particular permittees. For
example, smaller, built-out cities may have many small redevelopment projects that fall below the
one acre threshold. In such cases, controlling construction site stormwater entering the MS4 to the
maximum extent practicable may require stormwater controls at smaller sites. Permit writers
should review available construction and planning data from the MS4 to determine an appropriate
project size threshold.
The example permit provision's list of minimum requirements for erosion controls, sediment
controls, and pollution prevention measures is intended to establish specific requirements to
implement the broader requirements in the Phase II rule (40 CFR 122.24(b)(4)). The list of minimum
requirements in the example permit provision are from EPA's Construction and Development
Effluent Guidelines (published December 1, 2009) which will eventually be required in all NPDES
stormwater permits issued to construction site operators. At a minimum, the permit should
reference the applicable state standards and, where appropriate, any local standards as well.
Permit writers may wish to modify these specific requirements based on current standards or
guidance on construction site stormwater controls in the State.
4.2 Construction Site Inventory
Example Permit Provision
4.2.1 The permittee must continue to maintain an inventory of all active public and
private construction sites that result in a total land disturbance of [insert disturbance
threshold from Part 4.1.1.]. The inventory must be continuously updated as new
projects are permitted and projects are completed. The inventory must contain
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MS4 Permit Improvement Guide
relevant contact information for each project (e.g., name, address, phone, etc.), the
size of the project and area of disturbance, whether the project has submitted for
permit coverage under [insert name of applicable NPDES general construction
permit], the date the permittee approved the [insert name of local erosion and
sediment control/stormwater plan] in accordance with Part 4.3, and the permit
tracking number issued by [insert name of permitting authority]. The permittee
must make it available to the permitting authority upon request.
Example Permit Requirement Rationale for the Fact Sheet
To effectively conduct inspections, the permittee must know where construction activity is
occurring. A construction site inventory tracks information such as project size, disturbed area,
distance to any waterbody or flow channel, when the erosion and sediment control/stormwater
plan was approved by the Permittee, and whether the project is covered by the permitting
authority's construction general permit. This inventory will allow the permittee to track and
target its inspections.
Recommendations for the Permit Writer
Because of state or local construction permitting requirements, many permittees have some system
in place to track construction activity in their jurisdiction. If this is the first MS4 permit issued to the
permittee, the permit writer should include a deadline for the development of the initial inventory.
Permit writers may want to request electronic copies of the inventory quarterly or yearly, if that
information will be used by the State permitting or inspection staff.
4.3 Construction Plan Review Procedures
Example Permit Provision
4.3.1 The permittee must continue to require each operator of a construction activity to
prepare and submit a [insert name of local erosion and sediment control/stormwater
plan] prior to the disturbance of land for the permittee's review and written
approval prior to issuance of a [insert appropriate permit, i.e. grading or
construction]. The permittee must make it clear to operators of construction activity
that they are prohibited from commencing construction activity until they receive
receipt of written approval of the the plans. If the [insert name of local erosion and
sediment control/stormwater plan] is revised, the permittee must review and
approve those revisions.
4.3.2 The permittee must continue to implement site plan review procedures that meet
the following minimum requirements:
a. The permittee must not approve any [insert name of local erosion and sediment
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MS4 Permit Improvement Guide
control/stormwater plan] unless it contains appropriate site-specific
construction site control measures that meet the minimum requirements in Part
4.1.1 of this permit.
b. The stormwater pollution prevention plan (SWPPP) developed pursuant to
[insert name of applicable NPDES general construction permit] may substitute
for the [insert name of local erosion and sediment control/stormwater plan] for
projects where a SWPPP is developed. The permittee is responsible for
reviewing those portions of the SWPPP that comply with the [insert name of
local erosion and sediment control/stormwater plan].
c. The [insert name of local erosion and sediment control/stormwater plan] must
include the rationale used for selecting control measures, including how the
control measure protects a waterway or stormwater conveyance.
d. The permittee must use qualified individuals, knowledgeable in the technical
review of [insert name of local erosion and sediment control/stormwater plan] to
conduct such reviews.
e. The permittee must document its review of each [insert name of local erosion
and sediment control/stormwater plan] using a checklist or similar process. 8
Example Permit Requirement Rationale for the Fact Sheet
The permit requires the review and prior approval of all local erosion and sediment control
plans/stormwater plans to ensure that construction activities adhere to the permittee's
minimum stormwater control requirements. Adequate review of erosion and sediment
control/stormwater plans is necessary to verify compliance with all applicable requirements in
the permittee's ordinance or other regulatory mechanism, as well as compliance with control
measure standards and specifications. A formalized review procedure ensures consistent
review of plans by specifying the requirements for plans being submitted, the schedule for
review, and general conditions for approval. The site plan review process also provides a way to
track construction activities and enforce standards.
A good site plan review process provides the permittee with the opportunity to comment -
early and often - on a project's proposed number, type, location, and sizing of stormwater
control measures that will be in place prior to, during, and at the conclusion of active
construction. It is important to keep in mind that a site plan is a "living document" that may
change during the life of the project; however, it is critical that the site plan be adequately
reviewed and initially based on established policy, guidelines, and standards. The plan is the
framework for stormwater control implementation, as well as the basis of any enforcement
action on a project site.
The permit requires the permittee to review plans before construction activity begins to ensure
that the plans are consistent with the standards specified in Part 4.1.1. The permit language also
includes some key requirements during the plan review process:
2009 Ventura County, CA Phase I MS4 Permit
(www.swrcb.ca.gov/rwqcb4/water issues/programs/stormwater/municipal/ventura ms4/09-0057/
Transmittal0/o20Letter0/o20and0/o20MS40/o20Permit0/o20Order0/o20No0/o2009%200057.pdf)
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If a SWPPP is developed for the State construction general permit, that plan may substitute
for the local plan if it also includes/addresses the local requirements.
The plan must include the rationale used for selecting or rejecting control measures (for
example, why a silt fence was selected or why a sediment trap was not included).
Finally, plan reviewers must be trained and must document their review. For example, this
can be done by using a checklist or similar process.
Recommendations for the Permit Writer
Some MS4 permits include a requirement that, prior to approval of local permits, the permittee
must verify that the construction site operator has existing coverage under the State's Construction
General Permit, if necessary. This requirement helps to reduce the number of non-filers for the
State general permit by providing a check for NPDES CGP permit coverage at the local level.
4.4 Construction Site Inspections and Enforcement
Examf
4.
T
)le Permit Provision
4.1 The permittee must continue to implement procedures for inspecting public and
private construction projects in accordance with the frequency specified in Table 4-1
below:
able 4-1: Inspection Frequencies
Site
a. All sites [insert a size threshold that is
considered large for the MS4 if large projects
are common, e.g. 5 acres] or larger in size
b. All sites one (1) acre or larger that discharge
to a tributary listed by the state/tribe as an
impaired water for sediment or turbidity under
the CWA section 303(d)
c. Other sites one (1) acre or more determined
by the permittee or permitting authority to be
a significant threat to water quality*
d. All other construction sites with one (1) acre
or more of soil disturbance not meeting the
criteria specified in (A),(B), or (C) above
e. Construction sites less than one (1) acre in
size
Inspection Frequency
Inspection must occur within [insert
number of days/hours, e.g. 48 hours] of a
[insert significant rain event size, e.g. V2
inch rain event] and no less than biweekly
(every 2 weeks)]
Inspection must occur at least monthly
Inspection must occur as needed based
on the evaluation of the factors that are a
threat to water quality*
*ln evaluating the threat to water quality, the following factors must be considered: soil
erosion potential; site slope; project size and type; sensitivity of receiving waterbodies;
proximity to receiving waterbodies; non-stormwater discharges; past record of non-compliance
by the operators of the construction site; and [insert other factors relevant to particular MS4].
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4.4.2 The permittee must adequately inspect all phases of construction.
a. Prior to Land Disturbance: Prior to allowing an operator to commence land
disturbance, the permittee must perform an inspection to ensure all necessary
erosion and sediment controls are in place.
b. During Active Construction: During active construction, the permittee is required
to conduct inspections in accordance with the frequencies specified in Table 4-1
in Part 4.4.1.
c. Following Active Construction: At the conclusion of the project, the Permittee must
inspect all projects to ensure that all graded areas have reached final stabilization
and that all temporary control measures are removed (e.g., silt fence).
4.4.3 The permittee must have trained and qualified inspectors (See Part 4.5). The
permittee must also continue to follow, and revise as necessary, written procedures
outlining the inspection and enforcement procedures. Inspections of construction
sites must, at a minimum:
a. Check for coverage under the [insert name of applicable NPDES general
construction permit] by requesting a copy of any application or Notice of Intent
(NOI) or other relevant application form during initial inspections.
b. Review the applicable [insert name of local erosion and sediment
control/stormwater plan] and conduct a thorough site inspection to determine if
control measures have been selected, installed, implemented, and maintained
according to the plan.
c. Assess compliance with the permittee's ordinances and permits related to
stormwater runoff, including the implementation and maintenance of
designated minimum control measures.
d. Assess the appropriateness of planned control measures and their effectiveness.
e. Visually observe and record non-stormwater discharges, potential illicit
connections, and potential discharge of pollutants in stormwater runoff.
f. Provide education and outreach on stormwater pollution prevention, as needed.
g. Provide a written or electronic inspection report generated from findings in the
field
4.4.4 The permittee must track the number of inspections for the inventoried construction
sites throughout the reporting period to verify that the sites are inspected at the
minimum frequencies required. Inspection findings must be documented and
maintained for review by the permitting authority.
4.4.5 Based on site inspection findings, the permittee must take all necessary follow-up
actions (i.e., re-inspection, enforcement) to ensure compliance in accordance with
the permittee's enforcement response plan required in Part 1.3. These follow-up
and enforcement actions must be tracked and maintained for review by the
permitting authority. 9
9 2007 San Diego Phase I MS4 Permit (www.swrcb.ca.gov/rwqcb9/water issues/programs/stormwater/docs/
sd permit/r9 2007 0001/2007 0001final.pdf)
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Example Permit Requirement Rationale for the Fact Sheet
The permit requires inspections of construction sites based on a prioritized ranking of sites (see
40 CFR 122.26(d)(2)(iv)(D)(3) and 122.34(b)(4)(ii)(F)). Larger construction sites and sites that
discharge to a sediment impaired waterbody are inspected more frequently than small sites. In
addition to inspections at a regular interval, inspections are required within a certain timeframe
after a rain event.
Inspections are required before land disturbance to ensure erosion and sediment controls are in
place and a plan has been developed, during active construction, and after the site has been
stabilized. The permit language also contains specific requirements on what the inspection
must include (such as a comparison of control measures in the approved plan to measures
installed in the field).
Without adequate implementation and maintenance, stormwater controls will not function as
designed. In order to ensure proper implementation and maintenance by site operators, a
rigorous inspection protocol is necessary. This protocol must include a written SOP for site
inspections and enforcement to ensure inspections and enforcement actions are conducted in a
consistent manner. The SOP must include steps to identify priority sites for inspection and
enforcement based on the nature and extent of the construction activity, slope of the site,
proximity to receiving waters, the characteristics of soils, and the water quality status of the
receiving water. This will allow inspection resources and staff time to be used most effectively.
Documentation of inspections is critical to track noncompliance and enforcement. Regularly
scheduled inspections, as well as post-storm event inspections, are necessary to be sure that
regular maintenance occurs as well as repairs after storm events.
Recommendations for the Permit Writer
Selecting an appropriate inspection frequency is, by necessity, a case-by-case exercise. Inspection
frequencies for one permittee will not necessarily be appropriate for other permittees. For
example, appropriate inspection frequencies may vary among different permittees depending on
such factors as topography and rainfall patterns, including whether the MS4 is located in a wet or
arid region and/or has distinct wet and dry seasons. Appropriate inspection frequencies may also
vary seasonally or geographically within a single MS4 based on seasonal variations in rainfall or
snowfall, or differing topographical or geographic conditions in different parts of the MS4 area.
For individual MS4 permits, permit writers should consider seasonal rainfall patterns, the presence
and location of impaired streams or sensitive habitats, soils, topography, and other MS4-specific
factors. In addition, permit writers should review current inspection frequencies, as well as
inspection and enforcement records.
The permit writer should also note that the permit language will need to be modified if the
permittee was not previously required to develop written procedures for the inspection and
enforcement conducted at construction sites.
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4.5 MS4 Staff Training
Example Permit Provision
4.5.1 The permittee must ensure that all staff whose primary job duties are related to
implementing the construction stormwater program, including permitting, plan
review, construction site inspections, and enforcement, are trained to conduct these
activities. The training can be conducted by the permittee or outside training can be
attended, however, this training must include, at a minimum:
a. Erosion and Sediment Control/Stormwater Inspectors:
1. Initial training, held within the first permit year, regarding proper control
measure selection, installation, implementation, and maintenance, as well
as administrative requirements such as inspection reporting/tracking and
use of the permittee's enforcement responses; and
2. Annual refresher training for existing inspection staff to update them on
preferred controls, regulation changes, permit updates, and policy or
standards updates. Throughout the year, e-mails and/or memos must be
sent out to update the inspectors as changes happen.
b. Other Construction Inspectors: Initial training must be held within the first
permit year, on general stormwater issues, basic control measure
implementation information, and procedures for notifying the appropriate
personnel of noncompliance. Refresher training held at least once every two
years.
c. Plan Reviewers:
1. Initial training, held within the first permit year, regarding control measure
selection, design standards, and review procedures; and
2. Annual training regarding new control measures, innovative approaches,
permit updates, regulation changes, and policy or standard updates.
d. Third-Party Inspectors and Plan Reviewers: If the permittee utilizes outside
parties to conduct inspections and/or review plans, these outside staff must be
trained per the requirements listed in Part 4.5.1.a (above).
Example Permit Requirement Rationale for the Fact Sheet
By setting up training for the permittee staff, the permittee can ensure that the erosion and
sediment control requirements are understood and consistently applied since all staff will have
been trained on the same information. The permit requires staff whose primary job duties are
related to implementing the construction stormwater program to be trained. The training
requirements vary by the type of staff. F or example, erosion and sediment control inspectors
must be trained annually on a range of topics, while other construction inspectors (such as
building inspectors) will receive more general training.
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The permittee can conduct the training or the training can be provided by another entity (such
as a State erosion and sediment control class). Ideally, the training should include classroom
presentations, in-field training, and follow-up evaluations to determine whether the training
was effective.
Also, the permittee should consider providing training to other in-field municipal staff so that
problems associated with flooding and sedimentation from construction sites can be properly
reported and addressed.
4.6 Construction Site Operator Education & Public Involvement
Example Permit Provision
4.6.1 Construction Operator Education. The permittee must develop and distribute
educational materials to construction site operators as follows:
a. Each year, the permittee must either provide information on existing training
opportunities or develop new training for construction operators on control
measure selection, installation, implementation, and maintenance as well as
overall program compliance.
b. The permittee must develop or utilize existing outreach tools (i.e. brochures,
posters, website, plan notes, manuals etc.) aimed at educating construction
operators on appropriate selection, installation, implementation, and
maintenance of stormwater controls, as well as overall program compliance.
c. The permittee must make available appropriate outreach materials to all
construction operators who will be disturbing land within the MS4 boundary.
The permittees' contact information and website must be included in these
materials.
d. The permittee must include information on appropriate selection, installation,
implementation, and maintenance of controls, as well as overall program
compliance, on the permittee's existing website.
4.6.2 Public Involvement.
a. The permittee must adopt and implement procedures for receipt and
consideration of information submitted by the public regarding construction
projects. This includes, but is not limited to, the public reporting mechanisms
described in Part 3.6.
b. The permittee must hold public meetings for all public projects that have
planned disturbance greater than or equal to an acre.10
10 Eastern Washington MS4 Phase II Permit (Part 2 only) (www.ecy.wa.gov/programs/wq/stormwater/municipal/
phaseiiEwa/MODIFIEDpermitDOCS/EWperm itMODsigned.pdf)
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Example Permit Requirement Rationale for the Fact Sheet
Education of construction site operators regarding stormwater management and regulatory
requirements is an essential part of controlling stormwater discharges from construction sites.
Making brochures, guidance documents and trainings available will increase the knowledge of
operators and compliance in the field and can help them choose the correct structural control
and processes, correctly install the controls, and successfully implement control measures. The
permit requires the permittee to provide appropriate outreach materials to construction site
operators. These materials can be made available during the normal course of business (i.e. in
BMP manuals, in plan notes, during meetings) or via brochures or websites. In addition, the
permittee must either provide training or notify the operators of available training
opportunities.
Public involvement requirements include the development of a hotline or other telephone
number for the public to call regarding stormwater concerns at construction sites.
Chapter 4: Construction 48
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CHAPTER 5: POST-CONSTRUCTION OR PERMANENT/LONG-TERM
STORMWATER CONTROL MEASURES
Introduction
Phase I MS4s are required to address new development and
significant redevelopment in their SWMPs through controls to
reduce pollutants in stormwater discharges after construction is
completed. See 40 CFR 122.26(d)(2)(iv)(A)(2).
The Phase II regulations require regulated small MS4 operators to
develop, implement, and enforce a program to address stormwater
discharges from new development and redevelopment sites that
disturb greater than or equal to one acre to the MS4 (including
projects that disturb less than one acre that are part of a larger
common plan of development or sale). The regulations also require
that the MS4 ensure that control measures are installed and
implemented that prevent or minimize water quality impacts. See
40CFR122.34(b)(5)(i)
As part of these Phase II requirements, the MS4 must:
Develop and implement approaches to addressing post-
construction stormwater discharges that include a
combination of structural and/or non-structural
controls;
Adopt adequate legal authority to enable the MS4 to
address post-construction stormwater discharges from
new development and redeveloped sites; and
Ensure adequate long-term operation and maintenance of applicable post-construction
control measures. See 40 CFR 122.34(b)(5)(ii).
As of April 2010, most MS4 permits only require permittees to adopt a post-construction program with
enforceable requirements designed to reduce stormwater impacts from new development and
redevelopment, without specifying a performance standard. To meet this requirement many MS4s have
adopted criteria in ordinances or other legally enforceable mechanisms based on already promulgated
flood-control based standards (i.e., focused only on discharge rates). However, performance standards
can be a very useful and meaningful mechanism in the post-construction toolbox to ensure that water
quality objectives are met.
The example permit provisions that follow present the current thinking on how to strengthen the
effectiveness of the permittee's stormwater program by preventing the harmful effects of increased
stormwater flows and pollutant loads from new development and redeveloped sites on receiving
waterbodies. EPA recognizes that there are a wide variety of approaches that some states have already
Included Concepts
if Post-construction
stormwater management
program
if Site performance
standards
i« Site plan review
if Long-term maintenance
of post-construction
stormwater control
measures
if Watershed protection
in Tracking of post-
construction stormwater
control measures
if Inspections and
enforcement
in Retrofit plan
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taken to control discharges from new development and redeveloped sites, some of which are more
stringent than the permit language recommended below. The language below includes components
that EPA believes would provide focus and enforceability, and would bring about significant
improvements in stormwater controls on site. However, the "maximum extent practicable" may be
greater than is reflected in the example permit language below for some MS4s, and EPA encourages
states, where possible, to go beyond these example provisions and to achieve even better watershed
planning and water quality outcomes. For these reasons, this chapter presents the minimum permit
provisions EPA currently recommends to be included in permits in order for permittees to reduce their
discharges to the maximum extent practicable as well as the optional, more stringent, requirements.
5.1 Post-Construction Stormwater Management Program
Example Permit Provision
5.1.1 The permittee must continue to implement a program to control stormwater
discharges from new development and redeveloped sites that disturb at least one
acre (including projects that disturb less than one acre that are part of a larger
common plan of development or sale) that discharge into an MS4 [or insert smaller
alternative size]. The program must apply to private and public development sites,
including roads.
5.1.2 The program must require that controls are in place that will infiltrate,
evapotranspire, or harvest and use stormwater from the site to meet the
performance standards in Part 5.2 to protect water quality.
5.1.3 Written procedures for implementing this program, including the components
described in Parts 5.2 - 5.8, must be incorporated into the SWMP document.
Example Permit Requirement Rationale for the Fact Sheet
The stormwater regulations require that an MS4 develop and implement a program to address
post-construction discharges from new development and redeveloped sites, and ensure the
long-term operation and maintenance of these controls (see Part 5.4 for the maintenance
requirements). (See 40 CFR 122.34(b)(5)). The permit requires the use of specific stormwater
controls, i.e., those that infiltrate, evapotranspire, or harvest and use stormwater, with the aim
of maintaining or restoring the pre-development stormwater runoff conditions at the site.
Many traditional stormwater management practices, and the permit language that drives them,
fail to address the hydrologic modifications that increase the quantity of stormwater discharges,
and cause excessive erosion and stream channel degradation. Frequently the volume, duration,
and velocity of stormwater discharges cause degradation to aquatic systems. Protecting and
restoring the physical, chemical and biological integrity of receiving waters must be a central issue
in stormwater permits. The recent report of the National Research Council (Urban Stormwater
Management in the United States, National Academies Press, 2008,
www.epa.gov/npdes/pubs/nrc stormwaterreport.pdf) recommends that the NPDES stormwater
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program examine the impacts of stormwater flow, treat flow as a surrogate for other pollutants,
and includes the necessary control requirements in stormwater permits. Specifically the report
recommends that the volume retention practices of infiltration, evapotranspiration and rainwater
harvesting be used as primary stormwater management mechanisms. For this reason, EPA
recommends use of a permit condition that is based on maintaining or restoring predevelopment
hydrology although other forms of this permit condition maybe appropriate as well.
Additional information on the development of a post-construction program for Phase II
permittees can be found in the Center for Watershed Protection's Managing Stormwater In
Your Community: A Guide for Building an Effective Post-Construction Program (available at
www.cwp.org/postconstruction). Also, EPA's green infrastructure website includes information
on post-construction controls and programs (see www.epa.gov/greeninfrastructure).
5.2 Site Performance Standards
Example Permit Provision
5.2.1 The permittee must establish, implement and enforce a requirement that owners or
operators of new development and redeveloped sites discharging to the MS4, which
disturb greater than or equal to one acre (including projects that disturb less than
one acre that are part of a larger common plan of development or sale), design,
install, implement, and maintain stormwater control measures that infiltrate,
evapotranspire, harvest, and use stormwater discharges.
5.2.2 Within [insert deadline, e.g., 12 months, 24 months, etc.] the permittee must require
that stormwater discharges from such new development and redevelopment sites
be managed such that post-development hydrology does not exceed the pre-
development hydrology at the site, in accordance with the performance standard set
forth in this paragraph. The SWMP must describe the site design strategies, control
measures, and other practices deemed necessary by the permittee to maintain or
improve pre-development hydrology." [Insert a new development performance
standard, such as one or a combination of the following:
Basis for Performance
Standard
Description
Performance Standard
Rainfall
Minimum storm
volume to be retained
on site.
Design, construct, and maintain stormwater management
practices that manage rainfall on-site, and prevent the off-
site discharge of the precipitation from [insert standards,
such as "the first one inch of rainfall from a 24-hour storm
preceded by 48 hours of no measurable precipitation"].
Discharge volume reduction can be achieved by canopy
interception, soil amendments, evaporation, rainfall
harvesting, engineered infiltration, extended filtration
and/or evapotranspiration and any combination of the
aforementioned practices. This first one inch of rainfall
Big Darby Creek Watershed CGP, Part III.G.2.d.
(web.epa.ohio.Qov/dsw/permits/DarbyStormWater Final GP sep06.pdf)
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must be 100% managed with no discharge to surface
waters, except when the permittee chooses to implement
the conditions in Part 5.2.5.d below.12
Rainfall
Minimum storm size
to be retained on site.
Design, construct, and maintain stormwater management
practices that manage rainfall on-site, and prevent the
off-site discharge of the precipitation from all rainfall
events less than or equal to [insert standards, such as "the
95th percentile rainfall event"]. This objective must be
accomplished by the use of practices that infiltrate,
evapotranspire and/or harvest and reuse rainwater. The
95th percentile rainfall event is the event whose
precipitation total is greater than or equal to 95 percent
of all storm events over a given period of record.1S
Recharge/Runoff
Hydrologic analysis.
Design, construct, and maintain stormwater management
practices that preserve the pre-development runoff
conditions following construction. The post-construction
rate, volume, duration and temperature of discharges
must not exceed the pre-development rates and the pre-
development hydrographfor 1, 2,10, 25, 50 and 100 year
storms must be replicated through site design and other
appropriate practices. These goals must be accomplished
through the use of infiltration, evapotranspiration, and/or
rainwater harvesting and reuse practices. Defensible and
consistent hydrological assessments and modeling
methods must be used and documented. 14
Recharge
Groundwater
recharge
requirement.
Any "major development" project, which is one that
disturbs [insert standards, such as at least one (1) acre of
land or creates at least 0.25 acres of new or additional
impervious surface], must comply with one of the
following two groundwater recharge requirements:
Demonstrate through hydrologic and hydraulic
analysis that the site and its stormwater
management measures maintain 100 percent of the
average annual pre-construction groundwater
recharge volume for the site; or
Demonstrate through hydrologic and hydraulic
analysis that the increase of stormwater discharges
volume from pre-construction to post-construction
for the two-year storm is infiltrated.15
Impervious Cover
Limiting total
impermeable surface
(or effective
impermeable surface)
Minimize total impervious cover resulting from new
development and redevelopment to [insert standards,
such as <10% of disturbed land cover and/or limit total
amount of effective impervious surface to no more than
5% of the landscape].
12 West Virginia Small MS4 Permit (www.wvdep.org/Docs/17444 SW WV%20MS4%20permit%202009.pdf)
13 Section 438, Energy Independence & Security Act (EISA) Guidance
(www. epa. Qov/owow/NPS/lid/section438/pdf/final sec438 eisa. pdf)
14 Section 438, Energy Independence & Security Act (EISA) Guidance
(www. epa. Qov/owow/NPS/lid/section438/pdf/final sec438 eisa. pdf)
15 New Jersey Stormwater Management Rules, N.J.A.C. 7:8
fwww.ni.gov/dep/rules/adoptions/2004 0202 njpdes.pdf)
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5.2.3 Incentives for Redeveloped Sites. When considered at the watershed scale, certain
types of developed sites can either reduce existing impervious surfaces, or at least
create less 'accessory' impervious surfaces. The Permittee may develop a program
to allow adjustments to the performance standard for new development or
redevelopment sites that qualify. A reduction of [insert the amount ofstormwater
the Permittee can reduce for utilizing redevelopment principles, e.g. 0.2 inches from
the one inch runoff reduction standard] may be applied to any of the following types
of development. Reductions are additive up to a maximum reduction of [insert
amount, such as 0.75 inches] for a project that meets four or more criteria. The
permittee may choose to be more restrictive and allow a reduction of less than
[insert amount, such as 0.75 inches] if they choose. In no case will the reduction be
greater than [insert amount, such as 0.75 inches].
1. Redeveloped sites
2. Brownfield redeveloped site
3. High density (>7 units per acre)
4. Vertical Density, (Floor to Area Ratio (FAR) of 2 or >18 units per acre)
5. Mixed use and Transit Oriented Development (within 1/£ mile of transit)"
5.2.4 Additional Requirements and Exceptions: The permittee must implement the
following additional requirements where applicable:
a. A site that is a potential hot spot with the reasonable potential for
contaminating underground sources of drinking water must provide treatment
for associated pollutants (e.g., petroleum hydrocarbons at a vehicle fueling
facility).
b. A site that discharges or proposes to discharge to any surface water or ground
water that is used as a source of drinking water must comply with all applicable
requirements relating to source water protection and must not cause an
exceedance of drinking water standards/7
c. Sites may not infiltrate stormwater in areas of soil contamination.
d. For projects that cannot meet 100% of the performance standard in Part 5.2.2
on site, two alternatives are available: off-site mitigation and payment in lieu. If
these alternatives are chosen, then the permittee must develop and fairly apply
criteria for determining the circumstances under which these alternatives will be
available and establish reasonable schedules for mitigation and require payment
in lieu of prior to project inception. A determination that standards cannot be
met on site must include multiple criteria that would rule out fully meeting the
performance standard in Part 5.2.2, such as: too small a lot outside of the
building footprint to create the necessary infiltrative capacity even with
amended soils; soil instability as documented by a thorough geotechnical
16 West Virginia Small MS4 Permit (Section C.b.5.a.ii.A.3)
(www.wvdep.ora/Docs/17444 SW WV%20MS4%20permit%202009.pdf)
17 West Virginia Small MS4 Permit (Section C.b.5.a.ii.A.2)
(www.wvdep.org/Docs/17444 SW WV%20MS4%20permit%202009.pdf)
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analysis; a site use that is inconsistent with capture and reuse of stormwater; or
too much shade or other physical conditions that preclude adequate use of
plants. Sites must still maximize stormwater retention on-site, before applying
the remaining stormwater to one of the alternatives. In instances where
alternatives are chosen, technical justification as to the infeasibility of on site
management is required to be documented/8
Example Permit Requirement Rationale for the Fact Sheet
Developed land changes the hydrology of sites, leading to higher stormwater discharge volumes
and higher pollutant loads. The purpose of this standard is to maintain or restore stable
hydrology in receiving waters thereby protecting water quality by having post-construction
hydrology mimic the natural hydrology of the area.
A simpler, but reasonably approximate 'mimicking the natural hydrograph' approach can
typically be accomplished by retaining (as opposed to detaining stormwater for later discharge)
on a developed site the volume of water that was retained prior to development, through the
mechanisms of infiltration, evapotranspiration, and capture and use. By significantly reducing
the volume of stormwater discharges, these mechanisms significantly reduce the discharge of
pollutants in stormwater, making discharge volumes the ideal all-around focus and metric for
stormwater management. These provisions must be clear about the retention requirement,
e.g., an underdrained rain garden likely functions more as a detention and filtration system than
an infiltration system.
In Part 5.2.3, the five types of development which qualify for incentives are redevelopment,
brownfield redevelopment, high density, vertical density, and mixed use with transit oriented
development. Redeveloping already degraded sites can reduce regional land consumption and
minimize new land disturbance. Minimizing land disturbance and impervious cover is critical to
maintaining watershed health. In addition to water quality benefits, cleaning up and reinvesting
in brownfield properties increases local tax bases, facilitates job growth, utilizes existing
infrastructure, takes development pressures off of undeveloped, open land, and both improves
and protects the environment. The effect of low-density urbanization on watersheds and the
hydrologic cycle is substantial. High-density development, including vertical density, slows land
consumption rates and accommodates more land uses on a smaller footprint. Finally, mixing
land uses and promoting transit-oriented development can directly reduce runoff since mixed-
use developments have the potential to use surface parking lots and transportation
infrastructure more efficiently, requiring less pavement.19
In Part 5.2.4.d, the permittee must establish clear and stringent criteria for the conditions under
which payment in lieu and off-site mitigation could be used. These criteria must be related to
physical constraints such as a combination of soils which limit infiltration opportunities, space or
light limited situations restricting the amount of vegetation that can be used, and a land use
that is not conducive to capture and use of stormwater. Further, appropriate schedules for
18 West Virginia Small MS4 Permit (Section C.b.5.a.ii.A.4)
(www.wvdet3.om/Docs/17444 SW WV%20MS4%20permit%202009.pdf)
19
Adapted from the WV Phase II MS4 Fact Sheet
(www.dep.wv.gov/WWE/Programs/stormwater/MS4/permits/Pages/default.aspx)
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payment and implementation of mitigation measures must be established to ensure stormwater
impacts are addressed in a timely manner.
Recommendations for Permit Writer
Many communities have adopted criteria based on already promulgated flood-control based
standards (i.e., focused only on discharge rates). This example permit language instead promotes
the concept that effective standards should be based on the objective of maintaining or restoring
stable hydrology to protect the quality of receiving waters by having post-construction hydrology
mimic the natural hydrology of the area. The permit language provides a number of example
standards that can be used to achieve this objective.
Performance standards should take into account the wide variability in hydrologic conditions in
different areas. Ideally, standards should reflect the local naturally-occurring hydrology with respect
to runoff, infiltration, evapotranspiration, and storage - that is, the water balance that would be
present in the absence of development. Key parameters, such as rainfall patterns, soil
characteristics, and topography, can be used to establish likely 'natural' hydrology. Where
maintaining or reestablishing such hydrologic conditions is infeasible, off-site mitigation, payment-
in-lieu, or fee programs may be used. Based on current (2010) information, EPA recommends that
permits allow for a combination of techniques that utilize infiltration, capture and use, and
evapotranspiration as appropriate, rather than relying only on infiltration or some other technique
alone to meet performance standards.
The permit writer could include a performance standard that stipulates that predevelopment
hydrographs match post-development hydrographs. In order for this type of performance standard
to be effective, the permit writer should make sure that the permit clearly spells out all variables of
the hydrograph (volume, rate, duration, frequency) to be matched, and not just the discharge rate.
Many current pre-post hydrology standards focus only on discharge rate, which is primarily a flood
control approach. In addition, a pre-development condition should also be defined, and that
condition should be one that is reasonably 'natural', rather than simply the conditions (perhaps
already fairly impervious) that existed immediately prior to the current developed site. A calculator
tool based on key hydrologic parameters (soil, rainfall, slope, and vegetation) or an on-site rainfall
retention standard that is appropriate for that area can help the permittee determine what
constitutes pre-development hydrology and the means by which it may be matched.
As contemplated in the example permit provisions, permit writers may want to consider the difference
between new development and redevelopment sites, as well as differences among some types of
developed sites, in establishing performance standards. From the standpoint of imperviousness at a
watershed scale, redeveloped sites are usually more desirable than new development sites, which
replace relatively naturally functioning green spaces with impervious surfaces such as roads, and
parking lots. Certain types of development generate less impervious surfaces than others. For
example, typically, there is little or no increase in net stormwater discharges when redeveloping
underused properties such as vacant properties, brownfield sites, or greyfield sites, since new
impervious cover replaces existing impervious cover. The net discharge increase from already
developed properties would likely be zero since the site was already predominately impervious cover.
In many cases, redeveloped sites break up or remove some portion of the impervious cover,
converting it to pervious cover and allowing for some stormwater infiltration. Redevelopment sites can
produce a net improvement in regional water quality by decreasing total impervious area and its
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associated stormwater discharges. Redeveloped sites can also reduce regional land consumption. By
building on underused, already degraded land, the pressure to convert previously undeveloped land is
reduced. Therefore differential standards for new development and redeveloped sites, as well as for
different types of developed sites, may be reasonable. However, they should be crafted to minimize
creation of imperviousness at the watershed scale, and still include some reasonable level of
stormwater management at the site scale.
Redevelopment is the act of improving by renewing or restoring any developed property that results
in the land disturbance of one acre or greater, and that has one of the following characteristics:
Land that currently has an existing structure, such as buildings or houses, or
Land that is currently covered with an impervious surface, such as a parking lot or roof, or
Land that is currently degraded and is covered with sand, gravel, stones, or other non-vegetative
covering.
Infiltration may not be appropriate in all cases. For example, a site that is a potential hot spot with
the reasonable potential for significant pollutant loading(s) may not be appropriate for stormwater
infiltration. Hot spots may include commercial, industrial, institutional, municipal, or transportation
related operations that may produce higher levels of stormwater pollutants, and/or present a higher
level or risk for spills, leaks, or illicit discharges such as: gas stations, petroleum wholesalers, vehicle
maintenance and repair, auto recyclers, recycling centers and scrap yards, landfills, solid waste
facilities, wastewater treatment plants, airports, railroad stations and associated maintenance
facilities, and highway maintenance facilities.
In addition, the permit writer may want to consider what type of flexibility to afford sites where the
owner/operator is not able to meet the performance standard on site. For instance, if a site is
constrained by size or previous impervious surfaces, such that the use of control measures that
infiltrate stormwater is severely limited, the permit could allow alternatives for meeting the
performance standard in other ways such as payment in lieu and off-site mitigation within the same
watershed.
Off-site mitigation and payment in lieu programs are options that can be used in these instances.
Off-site mitigation generally means that control measures may be implemented at another location,
in the same sewershed/watershed as the original project, and as approved by the regulatory agency.
Payment in lieu programs generally mean that the developer pays a fee to the permittee which will
then be applied to a stormwater control project, in lieu of installing the required control measures.
If the permit writer chooses to include an off-site mitigation or payment in lieu program in the
permit, the permit writer could specify that the programs meet several criteria, for example, those
described in the 2009 West Virginia Phase II General Permit Fact Sheet
(www.dep.wv.gov/WWE/Programs/stormwater/MS4/permits/Pages/default.aspx):
1. The permittee must establish clear and stringent criteria for the conditions under which these
options are available that must be related to real physical constraints such as a combination of
soils limiting infiltration opportunities, space or light limited situations restricting the amount of
vegetation that can be used, and a land use that is not conducive to capture and use of
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stormwater. While one or two of these characteristics should not be adequate to qualify for the
alternative, the combination of multiple constraints could;
2. A minimal requirement for at least [0.4 inch] of stormwater managed on-site;
3. A [1:1.5 ratio] of the amount of requisite stormwater not managed on site to the amount of
stormwater required to be mitigated at another site, or for which in-lieu payments must be made;
4. If demonstrated to the permittee that it is completely infeasible to manage the remainder [0.4
inches], then the ratio for this unmanaged portion is [1:2].
5. The necessary tracking systems for both types of programs, including the necessary inventory of
public and retrofit projects for off-site mitigation; and,
6. The establishment of a credible valuation structure for payment in lieu, i.e., what is the actual
cost for the permittee to provide retrofits for the necessary amount of stormwater, not just a
token payment. The purpose of these provisions is to disincentivize the use of alternatives unless
really needed, but also to provide a financial foundation for implementation of public stormwater
management projects, including retrofits where those needs have been identified.
Additional justification for the development types which qualify for these incentives can be seen in
the West Virginia Phase II MS4 Permit Fact Sheet
(www.dep.wv.gov/WWE/Programs/stormwater/MS4/permits/Pages/default.aspx).
5.3 Site Plan Review
Example Permit Provision
5.3.1 To ensure that all applicable new development and redeveloped sites conform to
the performance standards required in Part 5.2, the permittee must continue to
implement project review, approval, and enforcement procedures that include:
a. Procedures for the site plan review and approval process(es) that include inter-
departmental consultations, as needed, and a required re-approval process
when changes to an approved plan are desired; and
b. A requirement for submittal of 'as-built' certifications within 90 days of
completion of a project.
5.3.2 The permittee must conduct site plan reviews, using the procedures described in
Part 5.3.1, of all new development and redeveloped sites which will disturb greater
than or equal to one acre [or a smaller threshold as set by the permitting authority]
and discharge to the MS4 (including sites that disturb less than one acre that are
part of a larger common plan of development or sale). The site plan review must
specifically address how the project applicant meets the performance standards in
Part 5.2 and how the project will ensure long-term maintenance as required in
Part 5.4.
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Example Permit Requirement Rationale for the Fact Sheet
Specific standards are a critical component of a stormwater management program. However,
even the best requirements need to be supported by a review program to ensure that the
standards are met. The example permit provision would require permittees to fully implement a
comprehensive site plan review and approval program. To meet this requirement, the permittee
must have the authority to withhold approvals when standards are not met.
Recommendations for the Permit Writer
The permit writer may want to consider adding a requirement for a pre-application concept plan
meeting to occur (in addition to the requirement for the project applicant to submit a site plan for
review). During this meeting the project land owner or developer, the project design engineer, and
municipal planning staff could discuss the conceptual designs that would be used to ensure that
they meet the performance standards. This meeting would ensure that stormwater and
performance standards are addressed early in the development process. However, if this pre-
application concept plan meeting is not consistent with local planning procedures, the permit writer
could consider omitting this requirement.
5.4 Long-Term Maintenance of Post-Construction Stormwater
Control Measures
Example Permit Provision
5.4.1 All structural stormwater control measures installed and implemented to meet the
performance standards of Part 5.2 must be maintained in perpetuity. The permittee
must ensure the long-term maintenance of structural stormwater control measures
installed according to this Part through one, or both, of the following approaches:
a. Maintenance performed by the Permittee. See part 6.4.
b. Maintenance performed by the owner or operator of a new development or
redeveloped site under a maintenance agreement. The permittee must require
the owner or operator of any new development or redeveloped site subject to
the performance standards in Part 5.2 to develop and implement a maintenance
agreement addressing maintenance requirements for any structural control
measures installed on site to meet the performance standards. The agreement
must allow the permittee, or its designee, to conduct inspections of the
structural stormwater control measures and also account for transfer of
responsibility in leases and/or deeds. The agreement must also allow the
permittee, or its designee, to perform necessary maintenance or corrective
actions neglected by the property owner/operator, and bill or recoup costs from
the property owner/operator when the owner/operator has not performed the
necessary maintenance within thirty (30) days of notification by the permittee or
its designee.
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5.4.2 Verification of maintenance responsibilities. The permittee must require that
property owners or operators of any new development or redeveloped site subject
to the performance standards in Part 5.2 provide verification of maintenance for the
approved structural stormwater control measures used to comply with the
performance standards. Verification must include one or more of the following as
applicable:
a. The owner/operator's signed statement accepting responsibility for
maintenance with a provision for transferring maintenance responsibility if the
property is legally transferred to another party; and/or
b. Written conditions in the sales or lease agreement that require the recipient to
assume responsibility for maintenance; and/or
c. Written conditions in project conditions, covenants and restrictions for
residential properties assigning maintenance responsibilities to a home owner's
association, or other appropriate group, for maintenance of structural and
treatment control stormwater management practices; and/or
d. Any other legally enforceable agreement that assigns permanent responsibility
for maintenance of structural or treatment control stormwater management
practices.
Example Permit Requirement Rationale for the Fact Sheet
Appropriate operation and maintenance are critical aspects to the function of any suite of
controls. In many cases, controls may be located on private property, and it is necessary to
establish some provision to assure responsibility and accountability for the operation and
maintenance of these controls.
The permittee must ensure maintenance of all structural stormwater control measures. In this
Guide, structural controls also include many green infrastructure practices such as rainwater
harvesting, rain gardens, permeable pavement, and vegetated swales.
Recommendations for the Permit Writer
Most non-traditional MS4 permittees will probably not have the legal authority to recoup costs
where the owner/operator has not completed necessary maintenance. Permit writers may want to
be more specific in this requirement to include other options for non-traditional MS4 permittees.
5.5 Watershed Protection
Example Permit Provision
5.5.1 When the Permittee revises its General Plan (or equivalent) or other relevant plans
(e.g. Transportation Master, or Community Plan) they must include effective water
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quality and watershed protection elements that require implementation of
consistent water quality protection measures for new development and
redeveloped sites within [insert deadline]. Examples of water quality and watershed
protection elements to be considered include the following: [insert principles and/or
policies which are appropriate for the watershed such as,
Minimize the amount of impervious surfaces (roads, parking lots, roofs, etc.)
within each watershed, by minimizing the creation, extension and widening of
parking lots, roads and associated development.
Preserve, protect, create and restore ecologically sensitive areas that provide
water quality benefits and serve critical watershed functions. These areas may
include, but are not limited to; riparian corridors, headwaters, floodplains and
wetlands.
Implement management practices that prevent or reduce thermal impacts to
streams, including requiring vegetated buffers along waterways, and
disconnecting discharges to surface waters from impervious surfaces such as
parking lots.
Prevent disturbances of natural waterbodies and natural drainage systems
caused by development, including roads, highways, and bridges.
Avoid development in areas that are particularly susceptible to erosion and
sediment loss.
Implement standards to protect trees, and other vegetation with important
evapotranspirative qualities.
Implement policies to protect native soils, prevent topsoil stripping, and prevent
compaction of soils.
Implement water conservation policies that will reduce both stormwater and
non- stormwater discharges via storm sewer systems.20
Implement policies that encourage stormwater practices close to the source of
the runoff rather than downstream and lower in the watershed.]
Example Permit Requirement Rationale for the Fact Sheet
Imperviousness has been shown to correlate with water quality impacts. In order to minimize
water quality impacts, the permittee must examine their planning principles to manage the
creation of impervious surfaces at the watershed level, such as reducing the footprint of streets
and parking lots. Also, ecologically sensitive areas can protect water quality by acting both as
filters that reduce pollutants in stormwater discharges and as sponges to reduce the impact on
the ecosystem's hydrology. Thermal pollution is also a concern that can impact biota in
waterways. Stormwater discharges from impervious surfaces are often characterized by higher
temperatures than natural, pervious surfaces. Reducing the chances of further increasing this
temperature by preserving, protecting, and restoring natural features that provide shading for
the waterway can further help reduce thermal pollution. Whenever possible natural waterways
20 West Virginia Small MS4 Permit (www.wvdet3.orci/Docs/17444 SW WV%20MS4%20permit%202009.pdf)
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must be protected and not disturbed by stormwater from developed sites. For example, areas
that have a high potential for erosion must be avoided for development when possible.
Protecting vegetation, native soils, and conserving water can also help ensure the hydrologic
qualities of the site remain intact.
Consideration of stormwater impacts from development is critical during the planning phases of
development. This not only includes planning on the site-level, but also with respect to
discharges from the MS4 on the watershed level. To the extent possible, stormwater
management must be an integral part of higher level planning documents that determine where
and how development that will result in stormwater discharges to the MS4 should occur since
these decisions affect water quality. Using land efficiently can result in better stormwater
management by putting development where it is most appropriate. For example, by directing
and concentrating new development in areas targeted for growth, communities can reduce or
remove development pressure on undeveloped parcels and protect sensitive natural lands and
recharge areas. Another strategy is redeveloping already degraded sites such as abandoned
shopping centers or underutilized parking lots. In this case, the net increase in discharges from
developed sites would likely be zero, and it would likely decrease, depending on the on-site
infiltration practices used. Also, by allowing or encouraging denser development, less land is
converted overall, and less total impervious area created.
Recommendations for the Permit Writer
Examining stormwater on a watershed basis and including watershed principles is an important part
of protecting waterways in a holistic manner. Climate change may increase the size and frequency
of storms in some area of the nation. Including watershed-type assessments and considerations as
Permit Requirements will help the permittee better focus their efforts to ensure the best water
protection outcomes for existing conditions and those anticipated future conditions. Therefore,
permit writers should consider including watershed protection principles. Newer programs may not
be ready for permit writers to include the exact example permit provision provided. If possible,
permit writers should be as specific as possible for the needs of the watershed where the MS4
permittee is located. Permittees should be careful when installing new stormwater BMPs to ensure
that there are not any negative, unintended consequences.
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5.6 Tracking of Post-Construction Stormwater Control Measures
Example Permit Provision
5.6.1 Inventory of Post-Construction Stormwater Control Measures. The permittee must
continue to maintain an inventory of all post-construction structural Stormwater
control measures installed and implemented at new development and redeveloped
sites, including both public and private sector sites located within the permit area.
The inventory must be searchable by property location (either on paper or
electronic). New entries to the inventory must be made during the site plan review
and approval process in Part 5.3.1.
5.6.2 Tracking Information. Each entry to the inventory must include basic information on
each project, such as project name, owner's name and contact information, location,
start/end date, etc. In addition, inventory entries must include the following for
each project:
a. Short description of each Stormwater control measure (type, number, design or
performance specifications);
b. Latitude and longitude coordinates of each Stormwater control measure;
c. Short description of maintenance requirements (frequency of required
maintenance and inspections); and
d. Inspection information (date, findings, follow up activities, prioritization of
follow-up activities, compliance status).
Based on inspections conducted under Part 5.7, the permittee must update the
inventory as appropriate where changes occur in property ownership or the specific
control measures implemented at the site. This inventory must be maintained and
available for review by the permitting authority.
Example Permit Requirement Rationale for the Fact Sheet
Creating an inventory of post-construction structural Stormwater control measures, including
tracking of specific information, will first enable permittees to know what control measures they
are responsible for. Without this information the permittee will not be protecting water quality
to their full potential since inspections, maintenance, and follow-up changes cannot be
performed. Tracking information such as the latitude/longitude, maintenance and inspection
requirements and follow-up will allow the permittee to be able to better allocate their
resources for those activities that are immediately necessary. Although not required, including
photographs will help the permittee assess how the control measure has changed since it was
first created and will likely aid in determining proper maintenance and/or retrofitting
opportunities if the measure is no longer providing the water quality benefits it was originally
designed.
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Recommendations for the Permit Writer
Permit writers may wish to specifically define the types of structural controls that must be included
in the inventory. For example, rain barrels may be considered a structural control, but the MS4 likely
does not need latitude and longitude coordinates of the rain barrels.
5.7 Inspections and Enforcement
Example Permit Provision
5.7.1 Inspection Frequency. To ensure that all stormwater control measures are operating
correctly and are being maintained as required consistent with its applicable
maintenance agreement, the permittee must conduct inspections of each project
site covered under Part 5.2 performance standards, [insert inspection frequency,
e.g., at least one time during the permit term, 20% of sites per year, etc.]. The
inspections must be in accordance with those specified in the [insert State manual
that describes the maintenance of control measures]. A description of inspection
procedures must be included in the SWMP document.
5.7.2 Post-Construction Inspection. Within [insert deadline, e.g., 1 week, 2 weeks, etc.] of
completion of construction of any project required to meet the Section 5.2
performance standards, the permittee must conduct a post-construction inspection
to verify that the permittee's performance standards have been met. The permittee
must include in its SWMP a procedure for being notified by construction
operators/owners of their completion of active construction so that the post-
construction inspection may be conducted.
5.7.3 Inspection Reports. The permittee must document its inspection findings in an
inspection report. Each inspection report must include:
a. Inspection date;
b. Name and signature of inspector;
c. Project location (street address, latitude/longitude, etc.) and inventory
reference number (from inventory established in Section 5.6.1)
d. Current ownership information (for example, name, address, phone number,
fax, and email)
e. A description of the condition of the structural stormwater control measure
including the quality of: vegetation and soils; inlet and outlet channels and
structures; embankments, slopes, and safety benches; catch basins; spillways,
weirs, and other control structures; and sediment and debris accumulation in
storage and forebay areas as well as in and around inlet and outlet structures;
f. Photographic documentation of all critical structural stormwater control
measure components; and
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g. Specific maintenance issues or violations found that need to be corrected by the
property owner or operator along with deadlines and reinspection dates.
The permittee must document and maintain records of inspection findings and
enforcement actions and make them available for review by the permitting
authority.
Example Permit Requirement Rationale for the Fact Sheet
Inspection of post-construction control measures is key to ensuring the protection of water
quality. If control measures are not inspected and maintained they could become sources of
pollution rather than reducing pollution. By including detailed information in the inspection
report, the permittee can better determine if maintenance is required and the permittee can
have a snapshot of sorts to know the status of their control measures to prioritize funding.
Recommendations for the Permit Writer
Permit writers should clearly specify the requirements for inspections. Inspecting and properly
maintaining structural stormwater controls to ensure they are working as designed is just as
important as installing them in the first place. By having specific requirements, permittees will be
reminded that they must allocate resources to ensure control measures are properly maintained
and functioning. The permit writer may also want to add a prioritization scheme to the requirement
to help the permittee determine what maintenance activities are priorities for protecting water
quality and which ones are minor changes.
5.8 Retrofit Plan
Example Permit Provision
5.8.1 The permittee must develop a plan to retrofit existing developed sites that are
impacting water quality. The retrofit plan must be developed within [insert deadline,
such as within two years of permit issuance] and must emphasize controls that
infiltrate, evapotranspire, or harvest and use stormwater discharges. The plan must
include2^:
a. An inventory of potential retrofit locations, which considers, at a minimum:
Locations that contribute pollutants of concern to an impaired waterbody
Locations that contribute to receiving waters that are significantly eroded
Locations that are tributary to a sensitive ecosystem or protected area
Locations that are tributary to areas prone to flooding
21 Orange County Municipal Stormwater Permit (Section F.S.d)
(www.waterboards.ca.gov/sandiego/water issues/programs/stormwater/oc stormwater.shtml)
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b. An evaluation and ranking of the inventoried locations to prioritize retrofitting
which includes, at a minimum:
Feasibility
Cost effectiveness
Pollutant removal effectiveness
Impervious area potentially treated
Maintenance requirements
Landowner cooperation
Neighborhood acceptance
Aesthetic qualities, and
Efficacy at addressing concern.
Example Permit Requirement Rationale for the Fact Sheet
It is clear that we cannot protect the nation's waters without also addressing degradation
caused by stormwater discharges from existing developed sites. For that reason stormwater
programs must include substantive retrofit provisions.
It is possible and reasonable to significantly improve water quality in many urban receiving
waters. This requires more than just a new development and redeveloped sites program,
however, which at best can only hold the line. To actually improve the quality of receiving
waters it is necessary to mitigate discharges from existing developed sites, which generally
means implementation of measures to bring about the retrofit the stormwater control
measures at existing sites to retain most stormwater on site.
In addition, research indicates that most streambank restoration projects that actively stabilize
eroding channels should not be implemented until after hydrologic retrofits have been completed
that restore the hydrologic regime not concurrently with the implementation of the retrofits.
Municipal projects, such as traffic calming sites could also include stormwater retrofit components,
such as curb bump outs that include bioretention features, rain gardens, and curb cuts.
Information on retrofit options and the development of a retrofit plan can be found in the
Center for Watershed Protection's guidance on Urban Stormwater Retrofit Practices (available
at www.cwp.org as Manual No. 3 under the Urban Subwatershed Restoration Manual Series).
Recommendations for the Permit Writer
Permittees may need a permit term or two to adequately develop and implement a retrofit plan.
Some permittees may not be ready to have retrofit plans as part of their requirements. It is up to
the permit writer to make this determination based on the specific information they have available
on current programs. A retrofit plan should assess the areas where retrofitting is appropriate and
will result in increased water quality protection and restoration. The permit writer should determine
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the appropriate timeframe and language for a retrofit plan. For example, if the permittee was
already required to develop a retrofit plan in a previous permit term the permit may specify a
schedule for implementation rather than development.
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CHAPTERS: POLLUTION PREVENTION/GOOD HOUSEKEEPING
Introduction
Federal stormwater regulations (see 40 CFR 122.34(b)(6) and 40
CFR 122.26(d)(2)(iv)(A)) require the operator of a regulated MS4
community to develop a program to:
Prevent or reduce the amount of stormwater pollution
generated by municipal operations and conveyed into
receiving waters.
Train employees on how to incorporate pollution
prevention/good housekeeping techniques into
municipal operations.
Identify appropriate control measures and measurable
goals for preventing or reducing the amount of
stormwater pollution generated by municipal
operations.
The first step for the permittee is to evaluate and assess the areas
and municipal facilities that it controls in order to determine which
activities may currently have a negative impact on water quality and
to find solutions for these activities. The simplest solution is to limit
the number of activities that are conducted outside and exposed to
stormwater.
Included Concepts
in Municipal facility and
control inventory
if Facility assessment
in Development of facility-
specific stormwater
management SOPs and
Implementation of facility
stormwater controls
i» Storm sewer system
maintenance activities
i» Flood management
i« Pesticide, herbicide, and
fertilizer application and
management
in Training and education
if Contractor requirements
and oversight
Storm sewer systems need maintenance to ensure that structures within the storm sewer that are
meant to reduce pollutants do not become sources of pollution. Regularly maintaining catch basins and
cleaning storm sewer pipes prevent the accumulation of pollutants that are later released during rain
events as well as blockages, backups, and flooding. Most permittees have an existing program to
maintain the storm sewer infrastructure. EPA notes, however, that some of these programs have
tended to focus on flood avoidance and complaint response rather than reducing water quality impacts
from stormwater discharges.
The MS4 permit must require that the system be maintained to prevent the discharge of pollutants into
receiving waters. System mapping and a schedule of regular maintenance are key to a successful
pollution prevention program. EPA recommends establishing a tiered maintenance schedule for the
entire storm sewer system area, with the highest priority areas being maintained at the greatest
frequency. Priorities should be driven by water quality concerns and can be based on the land use
within the MS4 area, the condition of the receiving water, the amount and type of material that typically
accumulates in an area, or other location-specific factors. It is also advisable to use spill and illicit
discharge data to track areas that may require immediate sewer infrastructure maintenance. It is also
important for material that is collected to be disposed of in a responsible manner.
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The procedures for storm sewer system operation and maintenance must be documented in the
permittee's SOPs or similar type of documents, which are part of the permittee's SWMP. Employee
training to carry out these pollution prevention measures is a required component of the program. The
pollution prevention/good housekeeping/maintenance activities should be documented and, where
possible, quantified (e.g., number and location of inspections and clean-outs, type and quantity of
materials removed). Having permittees characterize the quantity, location, and composition of
pollutants removed from catch basins can provide useful data that can later be used to assess the
program's overall effectiveness, identify illicit discharges, and help the permittee better prioritize
implementation activities in the future.
Specific pollution prevention requirements related to pollutant-generating activities such as landscaping
techniques (including the application of pesticides, herbicides, and fertilizer) and operating and
maintaining public streets, should also be included in the permit where applicable. For example, typical
pollutants associated with street repair and maintenance include heavy metals, chlorides, hydrocarbons
(e.g., benzene, toluene, ethylbenzene, xylene), concrete dust, sand, deicers, sediment, and trash. The
permitting authority should consider requiring alternative landscaping practices such as integrated pest
management (IPM), xeriscaping, or mechanical (non-chemical) removal of unwanted plants. Other
landscaping controls, such as mulch management, chemical storage, reduction of soil compaction, and
erosion control, should also be considered. Training and educating municipal and contracted staff is also
important to ensure that everyone is knowledgeable and proficient in the newest and most effective
approaches to minimizing pollutant discharges from municipal facilities and activities.
Additionally, permits should require that water quality be considered when designing flood
management projects, and that existing structural flood control devices are evaluated to determine if
retrofitting the device to remove/reduce pollutants from stormwater is necessary and practicable.
6.1 Municipal Facility and Control Inventory
Example Permit Provision
6.1.1 Development of a Municipal Facility and Stormwater Control Inventory - The
permittee must continue to update and maintain an inventory of municipally-owned
or operated facilities and stormwater controls, including but not limited to the
following:
Composting facilities
Equipment storage and maintenance facilities
Fuel farms
Hazardous waste disposal facilities
Hazardous waste handling and transfer facilities
Incinerators
Landfills
Landscape maintenance on municipal property
Materials storage yards
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Pesticide storage facilities
Public buildings, including schools, libraries, police stations, fire stations,
municipal buildings, and similar buildings
Public parking lots
Public golf courses
Public swimming pools
Public works yards
Recycling facilities
Salt storage facilities
Solid waste handling and transfer facilities
Street repair and maintenance sites
Vehicle storage and maintenance yards
Municipally-owned and/or maintained structural stormwater controls
6.1.2 Documentation-The list of municipally-owned or operated facilities and stormwater
controls must be maintained and available for review by the permitting authority.
6.1.3 Mapping-On a map of the area covered by the MS4 permit, the permittee must
identify where the municipally-owned or operated facilities and stormwater controls
are located. The map must identify the stormwater outfalls corresponding to each of
the facilities as well as the receiving waters to which these facilities discharge. The
permittee must also identify the manager of each facility and their contact
information. The map must be maintained and updated regularly and be available
for review by the permitting authority.
Example Permit Requirement Rationale for the Fact Sheet
Municipally-owned or operated facilities serve as hubs of activity for a variety of municipal staff
from many different departments. Some municipalities will have one property at which all
activities take place (e.g., the municipal maintenance yard), whereas others will have several
specialized facilities such as those listed above. A comprehensive list and map of such facilities
will help staff responsible for stormwater compliance build a better awareness of their locations
within the MS4 service area and their potential to contribute stormwater pollutants. The facility
inventory will also serve as a basis for setting up periodic facility assessments (see Part 6.2) and
developing, where necessary, facility stormwater pollution prevention plans (see Part 6.3).
Recommendations for the Permit Writer
Permit writers should tailor the facilities listed in the assessment as best they can to include the
facilities most likely to be owned or operated by the permittee. It is highly likely that some of the
facilities listed in the Permit Requirement would not apply to most non-traditional and/or non-
municipal MS4s.
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6.2 Facility Assessment
Permit Requirement
6.2.1 Municipally-owned or operated facility assessment:
a. Comprehensive Assessment of Pollutant Discharge Potential -The permittee
must review, reassess, and update the comprehensive assessment of all
municipally-owned or operated facilities identified in Part 6.1 [insertfrequency,
e.g., annually] for their potential to discharge in stormwater the following
typical urban pollutants: sediment, nutrients, metals, hydrocarbons (e.g.,
benzene, toluene, ethylbenzene and xylene), pesticides, chlorides, and trash.
Other pollutants may be associated with, but not generated directly from, the
municipally-owned or operated facilities, such as bacteria, chlorine, organic
matter, etc. Therefore, the permittee must determine additional pollutants
associated with its facilities that could be found in stormwater discharges. A
description of the assessment process must be included in the SWMP document.
b. Identification of "High Priority" Facilities - Based on the Part 6.2.1.a
comprehensive assessment, the permittee must identify as "high-priority" those
facilities that have a high potential to generate stormwater pollutants. Among
the factors that must be considered in giving a facility a high priority ranking is
the amount of urban pollutants stored at the site, the identification of
improperly stored materials, activities that must not be performed outside (e.g.,
changing automotive fluids, vehicle washing), proximity to waterbodies, poor
housekeeping practices, and discharge of pollutant(s) of concern to impaired
water(s). High priority facilities must include the permittee's maintenance
yards, hazardous waste facilities, fuel storage locations, and any other facilities
at which chemicals or other materials have a high potential to be discharged in
stormwater.
c. Documentation of Comprehensive Assessment Results - The permittee must
document the results of the assessments and maintain copies of all site
evaluation checklists used to conduct the comprehensive assessment. The
documentation must include the results of the permittee's initial assessment,
any identified deficiencies and corrective actions taken, and a list of the "high
priority" facilities identified per Part 6.2.1.b.
Example Permit Requirement Rationale for the Fact Sheet
The initial ("first time") comprehensive assessment is necessary to identify which of the
municipality's facilities are most likely to contribute stormwater pollutants and which are in
need of stormwater controls. The assessments will involve a detailed site inspection that can
identify improperly stored materials, activities that should not be performed outside (e.g.,
changing automotive fluids, vehicle washing), and poor housekeeping practices.
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Recommendations for the Permit Writer
If the permitting authority has an established site inspection protocol to be used in the comprehensive
assessment, it should be included and referenced here. The list of pollutants in this section should be
modified or expanded based on pollutants of concern in the permitting authority's jurisdiction.
6.3 Development of Facility-Specific Stormwater Management SOPs
and Implementation of Facility Stormwater Controls
Example Permit Provision
6.3.1 Facility-specific Stormwater Management SOPs for "High Priority" Facilities:
a. For each "high priority" facility or operation identified in Part 6.2, the permittee
must develop a site-specific SOP that identifies Stormwater controls (i.e.,
structural and non-structural controls, and operational improvements) to be
installed, implemented, and maintained to minimize the discharge of pollutants in
Stormwater. At a minimum, the facility-specific SOP must include the Stormwater
control measures described below in Part 6.3.2, as well as inspection and visual
monitoring procedures and schedules described in Part 6.3.3.
b. A copy of the facility-specific Stormwater management SOP must be maintained
and be available for review by the permitting authority. The SOP must be kept
on-site at each of the municipally-owned or operated facilities' offices for which
it was completed. The SOP must be updated as necessary.
c. The permittee must install, implement, and maintain all Stormwater controls
required per Part 6.3.2 of this permit and included in the facility's site-specific SOP.
6.3.2 Stormwater Controls for "High Priority" Facilities - The following Stormwater
controls must be implemented at all "high priority" municipally-owned or operated
facilities identified in Part 6.2. A description of any controls included in this part and
any standard operating procedures developed to comply with this part must be
included as part of the of each facility's SOP:
a. General good housekeeping - The following good housekeeping practices must
be implemented for all facilities identified as "high priority":
1. The permittee must keep all municipally-owned or operated facilities neat
and orderly, minimizing pollutant sources through good housekeeping
procedures and proper storage of materials.
2. Materials exposed to Stormwater must be covered where feasible (without
creating additional impervious surfaces, if possible).
b. De-icing material storage - The permittee must store salt and other de-icing
materials in a permanent storage structure, unless Stormwater runoff from the
storage piles is not discharged, or if discharges from the piles are authorized
under another Stormwater permit. If a permanent storage structure is required
but does not exist, one must be built within [insert timeframe], and seasonal
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tarping must be used as an interim control measure until the permanent
structure is completed. If a permanent storage facility is not feasible, the
permittee must provide a rationale to the permitting authority as to why and
what alternate BMPs will be utilized instead.
Where a permanent storage structure is present, the permittee must perform
regular maintenance and inspections of the permanent storage structure.
c. Fueling operations - The permittee must continue to implement standard
operating procedures for vehicle fueling and receiving of bulk fuel deliveries at
municipally-owned or operated facilities with the goal of reducing the likelihood
of spills, and providing spill controls in the event that accidental spills do occur.
d. Vehicle maintenance - The permittee must continue to implement a standard
operating procedure for vehicle maintenance and repair activities that occur at
municipally-owned or operated facilities with the goal of reducing the likelihood
of spills or releases and providing controls in the event that accidental spills do
occur. The standard operating procedures must include regular inspections of all
maintenance areas and activities.
e. Equipment and vehicle washing - The discharge of equipment and vehicle wash
wastewater to the MS4 or directly to receiving waters from municipal facilities is
prohibited. The permittee may meet this requirement by either installing a
vehicle wash reclaim system, capturing and hauling the wastewater for proper
disposal, connecting to sanitary sewer (where applicable and approved by local
authorities), ceasing the activity, and/or applying for and obtaining a separate
stormwater permit.22
6.3.3 Inspections and Visual Monitoring:
a. Weekly visual inspections - The permittee must perform weekly visual
inspections to ensure materials and equipment are clean and orderly, and to
minimize the potential for pollutant discharge. The permittee must look for
evidence of spills and immediately clean them up to prevent contact with
precipitation or runoff. The weekly inspections must be tracked in a log for
every facility, and records kept with the SWMP document. The inspection
report must also include any identified deficiencies and the corrective actions
taken to fix the deficiencies.
b. Quarterly comprehensive inspections - At least once per quarter, a
comprehensive inspection of "high priority" facilities, including all stormwater
controls, must be performed, with specific attention paid to waste storage
areas, dumpsters, vehicle and equipment maintenance/fueling areas, material
handling areas, and similar potential pollutant-generating areas. The quarterly
inspection results must be documented and records kept with the SOP
document. This inspection must be done in accordance with the developed
SOPs. The inspection report must also include any identified deficiencies and the
corrective actions taken to fix the deficiencies.
22 New Jersey Tier A Phase II MS4 Permit (NJ0141852) (www.state.nj.us/dep/dwq/pdf/Tier A final.pdf)
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c. Quarterly visual observation of stormwater discharges - At least once per
quarter, the permittee must visually observe the quality of the stormwater
discharges from the "high priority" facilities (unless climate conditions preclude
doing so, in which case the permittee must attempt to evaluate the discharges
four times during the wet season). Any observed problems (e.g., color, foam,
sheen, turbidity) that can be associated with pollutant sources or controls must
be remedied within three days or before the next storm event, whichever is
sooner. Visual observations must be documented, and records kept with the
SOP document. This inspection must be done in accordance with the developed
SOPs. The inspection report must also include any identified deficiencies and the
corrective actions taken to fix the deficiencies.
Example Permit Requirement Rationale for the Fact Sheet
Each municipal facility will require a different set of control measures depending on the nature
of activities that occur there and the types of materials that are stored and used. Developing
and maintaining a site-specific SOP for each facility will help to ensure that employees
responsible for facility operation are aware of the stormwater controls required for the site.
There are a number of storage areas and activities that are common at municipal facilities that
have a high potential for polluting stormwater:
Deicing materials, particularly road salt, are easily liberated and transported by rainfall, and
constituents such as chloride are not removed by most stormwater controls.
Fueling and vehicle maintenance and storage areas are prone to spills and drips of various
automotive fluids.
Equipment and vehicle washing areas are designed to mix water with dirt and hydrocarbons,
requiring special treatment of the wastewater (including pretreatment and diversion to the
sanitary sewer, if allowed) and protection of wash areas from rainfall and runoff.
The best way to avoid pollutant discharges from these sources is to keep precipitation and
runoff from coming into contact with stored chemicals and activity areas that use chemicals and
materials, which can become sources of stormwater pollutants. For example, the permittee
must cover stockpiles, create dedicated structures for stored materials, build berms around
areas of pavement to prevent clean runoff from contacting contaminated areas, and maintain a
minimum distance between stockpiles and stormwater infrastructure and receiving waters.
These are just a few of the ways in which these potential pollutant sources can be protected
from precipitation and runoff.
The permit requires that comprehensive site inspections be conducted quarterly, which is an
appropriate frequency to ensure that material stockpiles that might be moved or utilized on a
seasonal basis are protected from precipitation and runoff. Also, quarterly inspections will
allow inspectors to observe different types of operations that occur at different times of the
year (e.g., landscape maintenance crews are less active in the winter). Quarterly visual
observations are required so that inspectors can see in real time the qualitative nature of the
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stormwater discharge and so that corrective action can be taken where necessary to improve
on-site stormwater controls.
The permit also specifies that inspection procedures, results, and controls for each facility be
documented to ensure that the site inspections are consistent and that maintenance of
stormwater controls remains part of the municipality's standard operating procedures. The
requirement for an inspection log will allow the permitting authority to verify that periodic site
inspections have been performed.
Recommendations for the Permit Writer
Neither Phase I nor Phase II regulations specifically require that MS4 permittees develop facility-
specific stormwater management SOPs. However, both Phase I and Phase II require that permittees
prevent or reduce pollutant discharge in stormwater from municipal facilities and activities.
Requiring permittees to assess high priority facilities and develop appropriate controls for each is an
effective way of requiring permittees to address potential sources of pollutants at facilities.
When setting frequency for facility inspections (see Part 6.3.3), the permit writer should consider
the number of facilities and the size/complexity of the sites to ensure that enough time is available
to complete the assessments.
The list of specific stormwater controls for municipal facilities will vary from place to place based on
local and watershed priorities and climate considerations. The permit writer should specify
stormwater controls that are appropriate for the local conditions. For example, if a permittee uses
satellite locations for temporary storage of deicing materials during snow events, the permit writer
may want to consider options other than the permanent storage requirement if the permittee uses
the piles within a certain time frame and the piles are covered by temporary tarping or a similar
control.
6.4 Storm Sewer System Maintenance Activities
Example Permit Provision
6.4.1 MS4 catch basin maintenance
a. Assessment/prioritization of catch basins - The permittee must assign a priority
to each of its catch basin inlets within its jurisdiction as one of the following:
Priority A - Catch basins that are designated as consistently generating the
highest volumes of trash and/or debris
Priority B - Catch basins that are designated as consistently generating
moderate volumes of trash and/or debris
Priority C - Catch basins that are designated as generating low volumes of
trash and/or debris
The permittee must use information compiled from citizen complaints/reports
to help in the determination of the appropriate priority level. A description of
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the prioritization scheme must be included in the SWMP.
b. Catch basin inspection and cleaning
1. Based on the priorities assigned in Part 6.4.1.a., the permittee must inspect
and clean catch basins in accordance with the following schedule:
Priority A - [Insert cleanout frequency, e.g., 3 times per year]
Priority B - [Insert cleanout frequency, e.g., 2 times per year]
Priority C - [Insert cleanout frequency, e.g., 1 time per year]
The permittee must develop a catch basin cleaning schedule based on the
frequency specified in this permit, along with a list of each of its catch basins
and the priority assigned to them per Part 6.4.1.a.
2. In addition to catch basin cleanings performed above, the permittee must
ensure that any catch basin that is inspected and found to be between one
third and one half full of trash and/or debris must be cleaned within [Insert
cleanout frequency e.g., 1 week of discovery].23 The permittee must
maintain a log of all maintenance performed.
3. The permittee must document that it has performed all required catch basin
cleanings in a log that is to be made available for review by the permitting
authority upon request.
c. Catch basin labeling - The permittee must ensure that each catch basin includes
a legible stormwater awareness message (e.g., a label, stencil, marker, or pre-
cast message such as "drains to the creek" or "only rain in the drain"). Catch
basins with illegible or missing labels must be recorded and re-labeled within
[insert number of days] of inspection.
d. Maintenance of surface drainage structures - The permittee must visually
monitor permittee-owned open channels and other drainage structures for
debris at least [specify frequency, e.g., once per year] and identify and prioritize
problem areas, such as those with recurrent illegal dumping, for inspection at
least [specify frequency, e.g., three times per year]. Removal of trash and debris
from open channels and other drainage structures must occur [insert frequency
of open channel/drainage structure cleaning, e.g., annually]. The permittee must
document its drainage structure maintenance in a log that is to be made
available for review by the permitting authority upon request.
e. Disposal of waste materials - The permittee must develop a procedure to
dewater and dispose of materials extracted from catch basins. This procedure
must ensure that water removed during the catch basin cleaning process and
waste material will not reenter the MS4.
6.4.2 Municipal activities and operations
a. Assessment of municipal activities and operations
23 EPA's Office of Research and Development documented a threshold sump level of % as a break point where
solids retainage was either erratic or negative (Catchbasin Technology Overview and Assessment #EPA-600/2-77-
0511977).
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1. The permittee must maintain and revise as necessary the operation and
maintenance (O&M) activity assessment. The following municipal O&M
activities must be included in the assessment for their potential to discharge
pollutants in stormwater:
Road and parking lot maintenance, including pothole repair, pavement
marking, sealing, and re-paving
Bridge maintenance, including re-chipping, grinding, and saw cutting
Cold weather operations, including plowing, sanding, and application of
deicing compounds and maintenance of snow disposal areas
Right-of-way maintenance, including mowing, herbicide and pesticide
application, and planting vegetation
Municipally-sponsored events such as large outdoor festivals, parades,
or street fairs
2. The permittee must identify all materials that could be discharged from each
of these O&M activities. Typical pollutants associated with these activities
include metals, chlorides, hydrocarbons (e.g. benzene, toluene,
ethylbenzene, xylene), sediment, and trash.
3. The permittee must develop a set of pollution prevention measures that,
when applied during municipal O&M activities, will reduce the discharge of
pollutants in stormwater. These pollution prevention measures must
include, at a minimum:
Replacing materials/chemicals with more environmentally benign
materials or methods (e.g., use mechanical methods vs. herbicides, or
use water-based paints or thermoplastics rather than solvent-based
paints for stripping)
Changing operations to minimize the exposure or mobilization of
pollutants (e.g., mulch, compost or landfill grass clippings) to prevent
them from entering surface waters
Placing barriers around or conducting runoff away from deicing chemical
storage areas to prevent discharge into surface waters), consistent with
Part 6.3.2.b
[If available in your particular State or the municipality, insert relevant
section ofSWMP, or other relevant document, that includes specific
stormwater controls that must be used.]
4. The permittee must develop and implement a schedule for instituting the
pollution prevention measures. At a minimum, with respect to all roads,
highways, and parking lots with more than 5,000 square feet of pollutant-
generating impervious surface area that are owned, operated, or
maintained, the permittee must implement all pollution prevention
measures by [insert deadline].
5. The results of the assessments and pollution prevention measures, including
schedules for implementation, must be documented and made available for
review by the permitting authority upon request.
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b. Inspection of pollution prevention measures - All pollution prevention measures
implemented at municipal facilities must be visually inspected [insert frequency,
e.g., monthly or quarterly] to ensure they are working properly; a log of
inspections must be maintained and made available for review by the permitting
authority upon request.
6.4.3 Street Sweeping and Cleaning
a. The permittee must continue to evaluate and rate all municipally-owned streets,
roads, and public parking lots within their jurisdiction. The permittee must
include in the evaluation the sweeping frequency, timing, and efficiency of
existing street sweeping programs. The street sweeping frequency must be
based on land use, trash and stormwater pollutant levels generated. At a
minimum, the following areas must be regarded as "high priority," for sweeping
activities while the "medium priority" and "low priority" areas are
recommended:
High priority - Streets, road segments, and public parking lots designated as
high priority include, but are not limited to, high traffic zones, commercial
and industrial districts, shopping malls, large schools, high-density
residential dwellings, sport and event venues, and plazas. This designation
must include areas that consistently accumulate high volumes of trash,
debris, and other stormwater pollutants.
Medium priority - Streets, road segments and public parking lots designated
as medium priority include, but are not limited to, medium traffic zones;
warehouse districts; and light, small-scale commercial and industrial areas.
Low priority - Streets and road segments designated as low priority include,
but are not limited to, light traffic zones and residential zones.
b. The permittee must show on a map of its service area how the streets, roads,
and public parking lots have been rated in accordance with Part 6.4.3.a.
c. Implementing sweeping schedules - The permittee must sweep
streets/roads/public parking lots in accordance with the following frequency:
High priority - average of at least [insert frequency, e.g., twice per month]
Medium priority - average of at least [insert frequency, e.g., once per month]
Low priority - [insert frequency, e.g., twice per year]
If a permittee's existing overall street sweeping effort provides equivalent or
greater street sweeping frequency relative to the requirements above, the
permittee may continue to implement its existing street sweeping program.
d. For areas where street sweeping is technically infeasible (e.g., streets without
curbs), the permittee must increase implementation of other trash/litter control
procedures to minimize pollutant discharges to storm drains and creeks. The
permittee must show on its Part 6.4.3.b map the location of these areas.
e. Sweeping equipment selection and operation
1. When replacing existing sweeping equipment, the permittee must select and
operate high-performing sweepers that are efficient in removing pollutants,
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including fine participates, from impervious surfaces.
2. The permittee must follow equipment design performance specifications to
ensure that street sweeping equipment is operated at the proper equipment
design speed with appropriate verification, and that it is properly
maintained.
3. The permittee must operate sweepers to optimize pollutant removal by
permitting sweepers access to the curb through the use of parking
restrictions that clear the curb or through effective public outreach to
inform citizens of sweeping days and times so that voluntary curb clearing
can occur.
f. Sweeper Waste Material Disposal - The permittee must develop a procedure to
dewater and dispose of street sweeper waste material. This procedure must
ensure that water and material will not reenter the MS4.
g. Operator training - Street sweeper operators must be trained to enhance
operations for water quality benefit.
h. The permittee must include the following in the SWMP and update as changes
are made:
1. A description of the street sweeping frequency and any significant changes
in the sweeping frequency map, along with the basis for those changes
2. The types of sweepers used
3. A summary of the proper sweeping operation verification results and street
sweeping methods, including the way in which the permittee specifies and
confirms the rate or speed at which street miles are covered by sweeper
operators
4. The use of additional resources in sweeping seasonal leaves or pick-up of
other material
5. A description of the methods for addressing areas identified in Part 6.4.3,
considered infeasible for street sweeping
6.4.4 Maintenance of municipally-owned and/or maintained structural stormwater
controls
a. The permittee must inspect at least [insert frequency, e.g., yearly], and maintain
if necessary, all municipally-owned or maintained structural stormwater
controls. The permittee must also maintain all green infrastructure practices
through regularly scheduled maintenance activities.
Example Permit Requirement Rationale for the Fact Sheet
MS4 Maintenance
Traditional municipal storm drain systems were designed to quickly collect and convey runoff to
receiving waters. The purpose of catch basin, inlet, and storm drain cleanouts is to prevent
blockages, flooding, and reduce pollution.
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Fine particles and pollutants from run-on, atmospheric deposition, vehicle emissions, breakup of
street surface materials, littering, and sanding can accumulate along the curbs of roads in
between rainfall events. This results in the accumulation of pollutants such as sediment,
nutrients, metals, hydrocarbons, bacteria, pesticides, trash and other toxic chemicals. Storm
drain maintenance is often the last opportunity to remove pollutants before they enter the
storm drain system. Because they effectively trap solids, they need to be cleaned out
periodically to prevent those materials from being transported by high stormwater flows. By
doing so the MS4 will prevent trash and litter from ultimately becoming sources of marine
debris, which is any man-made, solid material that enters waterways either directly or
indirectly.
The permit includes a priority ranking approach for catch basins so that municipal resources are
directed to the areas and structures that generate the most pollutants. A priority ranking
system is required because some catch basins will accumulate pollutants faster than others
based on the nature of the drainage area and whether controls are present upstream of the
catch basin. Catch basins with the highest accumulations will need to be cleaned more often
than those with low accumulations. The permit language also includes a requirement that
triggers catch basin cleaning when a catch basin is one-third full.
Proper storm drain system cleanout includes vacuuming or manually removing debris from
catch basins; vacuuming or flushing pipes to increase capacity and remove clogs; removing
sediment, debris, and overgrown vegetation from open channels; and repairing structures to
ensure the integrity of the drainage system. It is important to conduct regular inspections of all
storm sewer infrastructure and perform maintenance as necessary. Though these activities are
intended to ensure that the sewer system is properly maintained and that any accumulated
pollutants are removed prior to discharge, if not properly executed, cleanout activities can
result in pollutant discharges. In selecting maintenance practices, the permittee must carefully
evaluate each with an eye towards stormwater pollution potential to minimize unintended
pollutant discharges, such as the use of flushing storm drain pipes to remove debris without
recapturing the debris further down the pipe.
The materials removed from catch basins may not reenter the MS4. The material must be
dewatered in a contained area and the water treated with an appropriate and approved control
measure or discharged to the sanitary sewer. The solid material will need to be stored and
disposed of properly to avoid discharge during a storm event. Some materials removed from
storm drains and open channels may require special handling and disposal, and may not be
authorized to be disposed of in a landfill.
Street Sweeping and Cleaning
Street and parking lot sweeping is a practice that most municipalities initially conducted for
aesthetic purposes. However, the water quality benefits are now widely recognized. Street
sweeping also prevents particulate matter associated with road dust from accumulating on
public streets and washing into storm drains.
The permit language addresses a number of important factors that impact the effectiveness of a
street sweeping program. The first factor is the type of equipment used; the permit language
stipulates that when equipment needs to be replaced, high-performance sweepers are purchased
preferentially. Street sweeping has traditionally been more effective at removing large-sized
particles, but new equipment has been developed to remove smaller, fine-grained particles.
Mechanical sweepers (broom-type) are usually the least expensive and are better suited to pick up
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large-grained sediment. Vacuum and regenerative air sweepers are better at removing fine-
grained sediment particles, but they are more expensive. Removal efficiency can be improved
through tandem sweeping (i.e., two sweepers sweeping the same route, with one following the
other to pick up missed material), or if the street sweeper makes multiple passes on a street.
The second factor influencing street sweeping effectiveness is the way in which the equipment
is operated; the permit specifies that equipment be operated according to the manufacturers'
operating instructions by operators who have been trained to sweep in accordance with the
Permit Requirements in order to protect water quality.
The third determining factor is the degree to which parked cars block sweeper access to the curb;
one of the best ways to ensure access to the curb is to establish parking restrictions based on
sweeping schedules and to inform residents of the schedule so they can voluntarily move their
cars. The permit requires that the permittee institute parking restrictions and/or a public
outreach campaign requesting that cars be parked elsewhere to accommodate sweeping
schedules.
Because not all streets are suitable for sweeping (e.g., those that don't have a curb and gutter),
source controls can be used in place of sweeping in those areas.
The permittee is required to maintain documentation of sweeping events and characterize the
quantity and composition of pollutants removed from roadways. Street sweeping data are
relatively easy to track and maintain, so the permit includes requirements for reporting and
assessment of the effectiveness of the sweeping activities based on equipment used, miles
swept, and the amount of materials collected.
The street sweeping material may not reenter the MS4. The material must be dewatered in a
contained area and the water treated with an appropriate and approved control measure or
discharged to the sanitary sewer. The solid material will need to be stored and disposed of
properly to avoid discharge during a storm event. Some materials may require special handling
and disposal, and my not be authorized to be disposed of in a landfill.
Recommendations for the Permit Writer
MS4 Maintenance
MS4s should have a specific schedule to clean out their storm drains since it will ensure that the
debris that is trapped in the system will not move into waterbodies and ultimately become marine
debris in the ocean. For additional information to include on marine debris go to the EPA's Marine
Debris website (www.epa.gov/owow/oceans/debris).
The frequency and timing of visual assessments and cleaning of storm drains and open channels can
be tailored to local climate conditions. For example, one approach would be to require that visual
observations and cleanings be conducted before the start of the wet season or before spring
snowmelt.
The permitting authority should review and approve dewatering and disposal methods for materials
removed from catch basins.
Catch basin labeling is believed to be an effective mechanism for educating residents since it
involves a direct reminder that that water or other materials which flow into storm drains is not
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treated in any way, but instead drains directly to nearby waterways. There are many methods for
labeling catch basins and the permit writer should work with the permittee to determine the most
feasible and cost effective method of delivering the "drains to stream" message.
Street Sweeping and Cleaning
Street sweeping frequency and timing can be based on climate conditions and seasonal variation in
pollution loading. For example, in cold climates where sand is used for winter road maintenance, the
permit language could specify increased sweeping during the winter and prior to the spring snowmelt.
In areas with a rainy season, sweeping might be timed to occur before the rainy season starts.
In the fall, sweepers can be used to pick up leaves, as they can contribute 25 percent of nutrient
loadings in catch basins. If more substantial piles of leaves are found in the community during the
fall, street sweeping activities should be coordinated with leaf pick-up. Equally important is an early
spring sweeping before rains begin to pick up sand, de-icing material, and winter debris. More
frequent sweeping may reduce the need for catch basin cleaning.
The prioritization of sweeping activities (high, medium, low) should be based on standard categories
that are based on traffic frequencies and used to determine service levels for the roadways. The
example provided in the permit language is based on specific information for the location.
The permitting authority should review and approve dewatering and disposal methods for street
sweeping material.
6.5 Flood Management
Example Permit Provision
6.5.1 Flood Management Projects - Within [insert deadline, such as two years] of permit
issuance, the permittee must develop and implement a process to assess the water
quality impacts in the design of all new flood management projects that are
associated with the permittee or that discharge to the MS4. This process must
include consideration of controls that can be used to minimize the impacts to site
water quality and hydrology while still meeting the project objectives. Beginning
[insert deadline, such as three years] from date of permit issuance, the permittee
must assess at least [insert number of projects to be evaluated, such as two] existing
flood management projects per year to determine whether changes or additions
should be made to improve water quality.24 A description of this process must be
included in the SWMP document.
24 Eastern Washington Phase II MS4 Permit (www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseiiEwa/
MODIFIEDpermitDOCS/EWpermitMODsigned.pdf)
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Example Permit Requirement Rationale for the Fact Sheet
This permit requires that existing flood management projects be prioritized and a set number be
evaluated to identify opportunities for water quality retrofits. This is because the focus of
stormwater management in the past had been to control flooding and mitigate property
damage, with less emphasis on water quality protection. These structures may handle a
significant amount of stormwater and therefore offer an opportunity to modify their design to
include water quality features for less than the cost of building new controls. This requirement
applies not only to new flood control projects, but also to existing structures.
6.6 Pesticide, Herbicide, and Fertilizer Application and Management
Example Permit Provision
6.6.1 Landscape maintenance
a. The permittee must evaluate the materials used and activities performed on
public spaces such as parks, schools, golf courses, easements, public rights of
way, and other open spaces for pollution prevention opportunities.
Maintenance activities for the turf landscaped portions of these can include
mowing, fertilization, pesticide application, irrigation, etc. Typical pollutants
include sediment, nutrients, hydrocarbons, pesticides, herbicides and organic
debris.
b. The permittee must implement the following practices to minimize landscaping-
related pollutant generation:
1. Educational activities, permits, certifications, and other measures for
municipal applicators and distributors.
2. Integrated pest management measures that rely on non-chemical solutions,
including
Use of native plants, xeriscaping in arid/semi-arid regions (reduces water
usage and fertilization)
Keeping clippings and leaves away from waterways and out of the street
using mulching, composting, or landfilling
Limiting application of pesticides and fertilizers if precipitation is
forecasted within 24 hours or as specified in label instructions
Limiting or replacing pesticide use (e.g., manual weed and insect
removal)
Limiting or eliminating the use of fertilizers, or, if necessary, prohibiting
application within 5 feet of pavement, 25 feet of a storm drain inlet, or
50 feet of a waterbody
Reducing mowing of grass to allow for greater pollutant removal, but
not jeopardizing motorist safety
3. Schedules for chemical application that minimize the discharge of such
constituents due to irrigation and expected precipitation.
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4. The collection and proper disposal of unused pesticides, herbicides, and
fertilizers.25
Example Permit Requirement Rationale for the Fact Sheet
The permit focuses on requiring source controls to reduce the amount of chemicals used. The
permit specifies the use of integrated pest management, selection of native vegetation that is
naturally adapted to local conditions and therefore requires fewer chemical and water inputs,
reducing exposure of the chemicals to water by scheduling application according to weather
forecasts and plant needs, and ensuring that municipal employees who are responsible for
storing and handling these materials are educated about their use, disposal, and possible
impacts.
Recommendations for the Permit Writer
EPA is currently developing a general permit to control discharges from the application of pesticides
to or over, including near, waters of the U.S. EPA is working closely with state NPDES and pesticide
control authorities, the regulated community, and environmental organizations to develop its
permit that will be required for such discharges beginning in April 2011. It is important to note that
some of the permit language in this section may need to be altered to be consistent with the
pesticide permit once it is finalized. For up-to-date information, go to EPA's website
(www.epa.gov/npdes/agriculture).
6.7 Training and Education
Example Permit Provision
6.7.1 Employee Training Requirements - Permittees must develop an annual employee
training program for appropriate employees involved in implementing pollution
prevention and good housekeeping practices in the preceding Parts. All new hires
must receive training within the first year of their hire date. This annual training
must include a general stormwater education component, any new technologies,
operations, or responsibilities that arise during the year, and the Permit
Requirements that apply to the staff being trained. A description of the program
must be maintained for review by the permitting authority. The permittee must also
identify and track all personnel requiring training and records must be maintained.
Training must begin [insert deadline] from the effective date of permit authorization.
25 San Diego Phase I MS4 Permit (CAS0108758) (www.swrcb.ca.gov/rwqcb9/water issues/programs/stormwater/
docs/oc permit/updates 8 13 09/R9-2009-0002 12Aug09.pdf)
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Example Permit Requirement Rationale for the Fact Sheet
The regulations found at 40 CFR 122.34(b)(6) specifically requires that the permittee develop a
"training component" that trains employees "to prevent and reduce stormwater pollution from
activities such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance." This permit
requires employee training for existing and new employees who are involved in performing
pollution prevention and good housekeeping practices. All training must include a general
stormwater educational component, including an overview of the requirements with which the
municipality needs to comply. The permittee is responsible for identifying which staff must
attend trainings based on the applicability of the topics listed, and they are required to conduct
refresher training on an annual basis.
Recommendations for the Permit Writer
The topics included in the trainings should take into consideration the types of activities in which the
municipality engages and the extent to which such activities are performed in-house or contracted.
6.8 Contractor Requirements and Oversight
Example Permit Provision
6.8.1 Requirements for Contractors:
a. Any contractors hired by the permittee to perform municipal maintenance
activities must be contractually required to comply with all of the stormwater
control measures, good housekeeping practices, and facility-specific stormwater
management SOPs described above.
b. The permittee must provide oversight of contractor activities to ensure that
contractors are using appropriate control measures and SOPs. Oversight
procedures must be described in the SWMP document.
Example Permit Requirement Rationale for the Fact Sheet
Many municipalities use third-party contractors to conduct municipal maintenance activities in
lieu of using municipal employees. Contractors performing activities that can affect stormwater
quality must be held to the same standards as the permittee. Not only must these expectations
be defined in contracts between the permittee and its contractors, but the permittee is
responsible for ensuring, through contractually-required documentation or periodic site visits,
that contractors are using stormwater controls and following standard operating procedures.
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CHAPTER 7: INDUSTRIAL STORMWATER SOURCES
Introduction
Phase I MS4 permittees are required to develop and implement an
inspection and oversight program to monitor and control pollutants Included Concepts
in stormwater discharges to the MS4 from industrial facilities. ^. Facility inventory
Regulations addressing industrial stormwater management in Phase .
I MS4 permits is found at 40 CFR 122.26(d)(2)(i)(B, C, E, and F) and * stormwater'control
40 CFR 122.26(d)(2)(iv). Requirements to regulate the stormwater measures
discharges from commercial facilities are found at 40 CFR
, i» Industrial and commercial
122.26(d)(2)(,v)(A). facility inspections
This program component typically applies only to Phase I MS4 ^ Staff training
permittees as Phase II federal regulations (40 CFR 122.34(b)) do not
specifically address stormwater discharges from industrial facilities
and commercial businesses (other than as part of the education and outreach program). However, EPA
recommends that permit writers consider including requirements pertaining to stormwater discharges
to the MS4 from industrial sources in Phase II permits to further reduce stormwater pollutants from the
MS4.
Phase I MS4 regulations specify that several key elements be included in Phase I MS4 stormwater
management programs. These elements include: adequate legal authority to require compliance and
inspect sites, inspection of priority industrial and commercial facilities, establishing control measure
requirements for facilities that may pose a threat to water quality, and enforcing stormwater
requirements. In order to implement these requirements, MS4 permits require the development of an
inventory of facilities and prioritization protocol and adequate staff training to ensure proper inspection
and enforcement of requirements.
7.1 Facility Inventory
Example Permit Provision
7.1.1 Source Identification
a. The permittee must continue to maintain an inventory of all industrial and
commercial sites/sources within its jurisdiction (regardless of ownership) that
could discharge pollutants in stormwater to the MS4. The inventory must be
updated [insert frequency, e.g. annually] and available for review by the
permitting authority upon request.
b. The inventory must include the following minimum information for each
industrial and commercial site/source:
1. Name
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2. Address
3. Physical location of storm drain receiving discharge
4. Name of receiving water
5. Pollutants potentially generated by the site/source
6. Identification of whether the site/source is (1) tributary to an impaired
water body segment (i.e., whether it is listed under Section 303(d) of the
Clean Water Act) and (2) whether it generates pollutants for which the
water body segment is impaired
7. A narrative description including standard industrial classification (SIC)
codes, which best reflects the principal products or services provided by
each facility.
The use of a geolocational database system is highly recommended.
c. At a minimum, the following sites/sources must be included in the inventory:
1. Commercial Sites/Sources:
[insert commercial sources that are a priority such as
Airplane repair, maintenance, fueling, or cleaning
Animal facilities
Automobile and other vehicle body repair or painting
Automobile (or other vehicle) parking lots and storage facilities
Automobile repair, maintenance, fueling, or cleaning
Boat repair, maintenance, fueling, or cleaning
Building material retailers and storage
Cement mixing or cutting
Eating or drinking establishments (e.g., restaurants), including food
markets
Equipment repair, maintenance, fueling, or cleaning
Golf courses, parks and other recreational areas/facilities
Landscaping
Marinas
Masonry
Mobile automobile or other vehicle washing
Mobile carpet, drape or furniture cleaning
Nurseries and greenhouses
Painting and coating
Pest control services
Pool and fountain cleaning
Portable sanitary services
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Power washing services
Retail or wholesale fueling]
2. Industrial Sites/Sources:
Industrial Facilities, as defined at 40 CFR § 122.26(b)(14), including those
subject to the Multi Sector General Permit or individual NPDES permit
Facilities subject to Title III of the Superfund Amendments and
Reauthorization Act (SARA)
Hazardous waste treatment, disposal, storage and recovery facilities
3. All other commercial or industrial sites/sources tributary to an impaired
water body segment, where the site/source generates pollutants for which
the water body segment is impaired
4. All other commercial or industrial sites/sources that the permittee
determines may contribute a significant pollutant load to the MS426
Example Permit Requirement Rationale for the Fact Sheet
The permit requires the permittee to develop an inventory of all potential commercial and
industrial sites/sources that could contribute pollutants to the MS4. A list of specific
commercial and industrial sites/sources is included in the permit, and additional sites/sources
can be added if they are likely to discharge a pollutant of concern to an impaired waterbody or
they are contributing a significant pollutant load to the MS4.
The inventory information will provide the permittee with information on potential pollutant
sources that contribute to its MS4 system, and at what locations in the system into which they
discharge. This information will also allow the permittee to prioritize inspections and tailor
education and outreach efforts, which will best assist the facility in implementing appropriate
pollution prevention practices or other on-site stormwater controls. In addition, the inventory
data will allow the permittee to determine whether the facilities may discharge pollutants of
concern into impaired waters. Finally, the information contained in the inventory will enable
permittees to characterize these facilities and prioritize them based on their potential impact on
stormwater quality. By prioritizing facilities in such a manner, the permittee may then establish
a targeted approach towards conducting inspections (see Part 7.3 for a discussion of inspection
frequency).
In addition, data from NPDES pretreatment programs within the MS4 boundary on significant
industrial users (SIDs) could also be used to identify and prioritize the industrial sites in the
stormwater program.
26San Diego MS4 Permit (www.swrcb.ca.gov/rwqcb9/water issues/programs/stormwater/docs/sd permit/
r9 2007 0001/2007 0001final.pdf), with modifications.
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Recommendations for the Permit Writer
The example permit provision lists specific commercial and industrial sources to be included in the
inventory, but permit writers should customize this list to meet specific issues in their area. For
example, some permittees may have large industrial areas with few commercial businesses, while
others may have a large number of restaurants and retail businesses but no industrial facilities at all.
Other permittees may have had past water quality problems at certain types of commercial or
industrial sites, in which case such facilities should be included in their inventories.
7.2 Industrial Facility Stormwater Control Measures
Example Permit Provision
7.2.1 The permittee must require industrial and commercial facilities included in the Part
7.1 inventory to select, install, implement, and maintain stormwater control
measures. At a minimum, these control measures must:
a. Minimize Exposure - Industrial/commercial facilities must minimize the
exposure of manufacturing, processing, and material storage areas (including
loading and unloading, storage, disposal, cleaning, maintenance, and fueling
operations) to rain, snow, snowmelt, and runoff by either locating these
industrial materials and activities inside or protecting them with storm resistant
coverings (although significant enlargement of impervious surface area is not
recommended). The facilities must consider, where appropriate:
1. Using grading, berming, or curbing to prevent runoff of contaminated flows
and divert run-on away from these areas
2. Locating materials, equipment, and activities so that leaks are contained in
existing containment and diversion systems (confine the storage of leaky or
leak-prone vehicles and equipment awaiting maintenance to protected
areas)
3. Cleaning up spills and leaks promptly using dry methods (e.g., absorbents) to
prevent the discharge of pollutants
4. Using drip pans and absorbents under or around leaky vehicles and
equipment or store indoors where feasible
5. Using spill/overflow protection equipment
6. Draining fluids from equipment and vehicles prior to on-site storage or
disposal
7. Performing all cleaning operations indoors, under cover, or in bermed areas
that prevent runoff and run-on and also that capture any overspray
8. Ensuring that all wash water drains to a proper collection system (i.e., not
the stormwater drainage system)
b. Follow Good Housekeeping Practices - Industrial/commercial facilities must
keep clean all exposed areas that are potential sources of pollutants, using such
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measures as sweeping at regular intervals, keeping materials orderly and
labeled, and storing materials in appropriate containers.
c. Conduct Maintenance - Industrial/commercial facilities must regularly inspect,
test, maintain, and repair all industrial equipment and systems to avoid
situations that may result in leaks, spills, and other releases of pollutants in
stormwater discharged to receiving waters.
d. Implement Spill Prevention and Response Procedures - Industrial/commercial
facilities must minimize the potential for leaks, spills and other releases that may
be exposed to stormwater and develop plans for effective response to such spills
if or when they occur. At a minimum, the facilities must implement:
1. Procedures for plainly labeling containers (e.g., "Used Oil," "Spent Solvents,"
"Fertilizers and Pesticides,") that could be susceptible to spillage or leakage
to encourage proper handling and facilitate rapid response if spills or leaks
occur
2. Preventative measures such as barriers between material storage and traffic
areas, secondary containment provisions, and procedures for material
storage and handling
3. Procedures for expeditiously stopping, containing, and cleaning up leaks,
spills, and other releases. Employees who may cause, detect, or respond to a
spill or leak must be trained in these procedures and have necessary spill
response equipment available.
4. Procedures for notification of appropriate facility personnel, emergency
response agencies, and regulatory agencies [Insert appropriate contacts for
reporting]
e. Implement Erosion and Sediment Controls - Industrial/commercial facilities
must stabilize exposed areas and contain runoff using structural and/or non-
structural control measures to minimize onsite erosion and sedimentation, and
the resulting discharge of pollutants.
f. Manage Runoff- Industrial/commercial facilities must divert, infiltrate, reuse,
contain, or otherwise reduce stormwater runoff, to minimize pollutants in
discharges.
g. Address Salt Storage Piles or Piles Containing Salt - Industrial/commercial
facilities must enclose or cover storage piles of salt, or piles containing salt, used
for deicing or other commercial or industrial purposes, including maintenance of
paved surfaces. If a permanent storage structure is required but does not exist,
one must be built within [insert timeframe], and seasonal tarping must be used
as an interim control until the permanent structure is completed. Facilities must
implement appropriate measures (e.g., good housekeeping, diversions,
containment) to minimize exposure resulting from adding to or removing
materials from the pile. Piles do not need to be enclosed or covered if
stormwater runoff from the piles is not discharged or if discharges from the piles
are authorized under another NPDES permit.
h. Conduct Employee Training - All facility employees who work in areas where
industrial materials or activities are exposed to stormwater, or who are
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responsible for implementing activities necessary to manage stormwater must
be trained. Training must be conducted [insert frequency, e.g. at least annually].
i. Address Non-Stormwater Discharges - Industrial/commercial facilities must
eliminate non-stormwater discharges not authorized by an applicable NPDES
permit.
j. Control Waste, Garbage and Floatable Debris - Facilities must ensure that waste,
garbage, and floatable debris are not discharged to receiving waters by keeping
exposed areas free of such materials or by intercepting them before they are
discharged.
k. Control Dust Generation and Vehicle Tracking of Industrial Materials -
Industrial/commercial facilities must minimize generation of dust and off-site
tracking of raw, final, or waste materials.27
7.2.2 Within the [insert deadline, e.g. first two years of permit term], the permittee must
notify the owner/operator of each industrial and commercial site/source of the
stormwater requirements for control measures in Part 7.2.1.
7.2.3 As necessary to minimize any pollutants causing the applicable receiving waterbody
to be listed as impaired, the permittee must require implementation of additional
controls for industrial and commercial sites/sources that are tributary to the
impaired water body segments and that are likely to generate such impairment
pollutants.28
Example Permit Requirement Rationale for the Fact Sheet
The permittee is required to ensure that the minimum control measures are implemented, as
applicable, at every industrial/commercial facility included in its inventory. The minimum
measures outlined, when properly selected, designed and implemented, promote prevention
and source control, before treatment.
The control measures in this permit are consistent with the control measure requirements
found in EPA's 2008 Multi-Sector General Permit (MSGP) for stormwater discharges from
industrial activities. The permit writer should ensure that these requirements are consistent
with the State's industrial stormwater permit. The control measures in this permit describe
specific activities that the permittee must require industrial facilities and commercial sites to
implement to minimize stormwater pollution. Another control measure is simply preventing
pollutants from coming into contact with precipitation in the first place since this will ensure
they are not carried into nearby waterways. General good housekeeping and maintenance
procedures are also required. Additional control measures address spill prevention and
response, erosion and sediment controls, managing runoff, and controlling discharges from salt
storage piles.
27 2008 MSGP (Section 2) (www.epa.gov/npdes/pubs/msgp2008 finalpermit.pdf), with modifications
28 San Diego MS4 Permit (www.swrcb.ca.gov/rwqcb9/water issues/programs/stormwater/docs/sd permit/
r9 2007 0001/2007 0001final.pdf), with modifications
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The control measures must also include employee training, controlling non-stormwater
discharges, addressing waste, garbage and floatable debris, and addressing dust generation and
vehicle tracking.29
The permittee is required to notify industrial and commercial sites of the control measure
requirements and their responsibility to implement and comply with the requirements.
Facilities that discharge into impaired waterbodies may be required to implement additional
controls as necessary to prevent the discharge of the associated pollutants of concern.
7.3 Industrial and Commercial Facility Inspections
Example Permit Provision
7.3.1 Industrial and Commercial Site Inspection Program
a. The permittee must continue to implement a program to inspect all commercial
and industrial facilities included in its Part 7.1(a) inventory. The permittee must
describe how this will occur in the SWMP.
b. The inspection program must:
1. Prioritize all facilities into high, medium, and low categories on the basis of
the potential for water quality impact using criteria such as pollutant sources
on site, pollutants of concern, proximity to a water body, and violation
history of the facility. The different priority categories will be assigned
different inspection frequencies, with the highest priority facilities receiving
more frequent inspections. Describe the process for prioritizing inspections
and frequency of inspections. If any geographical areas are to be targeted
for inspections due to high potential for stormwater pollution, these areas
must be listed in the Inspection Plan.
3. Explain how the priority assigned to any one facility may be modified based
on the site inspection findings and the facility's potential to discharge
pollutants.
7.3.2 Minimum Inspection Requirements
a. Inspection Frequency - The permittee is required to conduct inspections at the
following frequencies, at a minimum:
1. Facilities with high potential for water quality impact must be inspected
[insertfrequency, e.g. annually].
2. Facilities with medium potential for water quality impact must be inspected
at least [insert frequency, e.g. once every three years].
3. Facilities with low potential for water quality impact must be inspected at
least [insert frequency, e.g. once every 5 years].
29 2008 MSGP Fact Sheet (www.epa.gov/npdes/pubs/msgp2008 finalfs.pdf), with modifications
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4. Facilities with either a [insert violation type] written violation occurring in
the previous year must be inspected at least [insert frequency, e.g. annually]
until compliance is achieved.
5. For facilities with no exposure of commercial or industrial activities to
stormwater, no inspections are required. However, the permittee must
continue to track these facilities for significant change in the exposure of
their operations to stormwater.
b. Scope of Inspection - Inspections must at a minimum:
1. Evaluate the facility's compliance with the Part 7.2 requirement to select,
design, install, and implement stormwater control measures.
2. Conduct a visual observation for evidence of unauthorized discharges, illicit
connections, and potential discharge of pollutants to stormwater.
3. Verify whether the facility is required to be authorized under the [insert
applicable NPDES general industrial stormwater permit], and whether the
facility has in fact obtained such permit coverage.30
4. Evaluate the facility's compliance with any other relevant local stormwater
requirements.
c. Documentation Requirements - At a minimum, the permittee must document
the following for each inspection:
The inspection date and time;
The name(s) and signature(s) of the inspector(s);
1. Weather information and a description of any discharges occurring at the
time of the inspection;
2. Any previously unidentified discharges of pollutants from the site;
3. Any control measures needing maintenance or repairs;
4. Any failed control measures that need replacement;
5. Any incidents of noncompliance observed; and
6. Any additional control measures needed to comply with the Permit
Requirements.
d. Track Inspections - Inspection findings must be tracked to ensure inspections
are conducted at the frequency specified in Part 7.3.2.b., highlight and
document the recidivism of noncompliant facilities, and aid follow up and
enforcement activities.
7.3.3 Enforcement - The permittee must ensure that all necessary follow up and
enforcement activities are conducted as necessary to require necessary
implementation and maintenance of the control measures described in Part 7.2.
The permittee is required to utilize the approved ERP for all enforcement actions.
30 San Francisco Bay Region Municipal Regional Stormwater NPDES Permit
(www.swrcb.ca.gov/sanfranciscobay/board decisions/adopted orders/2009/R2-2009-0074.pdf), with
modifications
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Example Permit Requirement Rationale for the Fact Sheet
The permittee must design an inspection program that facilitates more frequent inspections of
the highest priority facilities. (See 40 CFR 122.26(d)(iv)(C)(l)). This will help maximize use of the
permittee's existing inspection resources and ensure that the permittee inspectors are the most
visible and the most familiar with the facilities with the highest potential for water quality
impact.
The permittee must develop a process for prioritizing inspections and designating all facilities in
the industrial and commercial inventory as either a high, medium or low priority. The
designation could occur by individual facility or by facility type. The prioritization for individual
facilities may be adjusted after the first, or any subsequent, inspection (for example, if a facility
is a high priority facility and the inspection reveals it has little potential for stormwater
pollution, then the facility could be reprioritized as a low priority facility).
It is important that inspections be conducted in a thorough and consistent manner in
accordance with a formal protocol for conducting an inspection. This protocol should be the
basis for inspector training as well. Inspections should include a thorough walk-through of the
facility.
The documentation of inspections is very important, not only when tracking noncompliance, but
also to facilitate effective enforcement action when needed. A timeline of noncompliance and
subsequent enforcement action is critical when escalating measures to gain compliance.
Typically, the use of inspection forms facilitates complete and consistent documentation among
inspectors and overtime.
Recommendations for the Permit Writer
The permit writer may choose to define what criteria the permittee will use to determine the
priority of each facility on its inventory. For example, the Phase I Los Angeles County MS4 permit
specifies which facilities are Tier 1 and Tier 2 and provides the required inspection frequency for
each. The permit writer could also automatically designate certain sets of industries to a certain
priority category (e.g., all facilities subject to the State's Industrial General Permit could be
designated as high priority facilities in the permit). If the permit does not define what criteria are to
be used when prioritizing facilities, the permittee should be required to develop this protocol and
submit it to the permitting authority for review.
The permit writer should review available industrial and commercial inventories to determine if
more specific inspection frequencies should be set. For example, an MS4 with only 10 facilities in
the inventory could probably inspect those facilities annually. However, an MS4 with over 2,000
facilities in the inventory may need to set the inspection frequency at a less frequent interval.
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7.4 Staff Training
Example Permit Provision
7.4.1 The permittee must ensure that all staff whose primary job duties are implementing
the industrial stormwater program is trained to conduct facility inspections. The
training must cover what is required under this permit in terms of stormwater
control measures, the requirements of other applicable Industrial Stormwater
general permits or other related local requirements, the permittee's site inspection
and documentation protocols, and enforcement procedures. Follow-up training
must be provided every other year to address changes in procedures, techniques, or
staffing. Permittees must document and maintain records of the training provided
and the staff trained.31
Example Permit Requirement Rationale for the Fact Sheet
Inspectors responsible for conducting inspections at industrial/commercial facilities must be
trained on the applicable stormwater requirements for the different types of facilities (i.e.,
industrial, commercial, other). Training must include a summary of federal, state, and local
stormwater regulations that may apply to industrial/commercial facilities. Inspectors must be
familiar with various types of stormwater control measures commonly used at the types of
facilities typically found in the MS4 area and must be able to educate facility operators about
such stormwater control measures. In addition, inspectors must understand and use the
permittee's established enforcement response plan (see Chapter 1 of this Guide) to gain
compliance as necessary. The inspection staff must be proficient in the enforcement escalation
procedure and must properly document all enforcement actions accordingly per the ERP.
31 Western Washington Phase I MS4 Permit (www.ecy.wa.gov/programs/wq/stormwater/municipal/phaselpermit/
MODIFIEDpermitDOCS/PhaselpermitSIGNED.pdf), with modifications
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CHAPTER 8: MONITORING, EVALUATION, AND REPORTING
Introduction
Phase I MS4s are required to conduct discharge characterization,
field screening and develop a monitoring program. Phase I MS4s are
also required to conduct an assessment of controls. See 40 CFR
Phase II MS4 regulations allow, but do not specifically require,
monitoring. Phase II MS4s are required to evaluate program
compliance, the appropriateness of identified control measures,
and progress toward achieving identified measurable goals. See 40
CFR 122.34(g).
Included Concepts
t» Consolidated information
tracking system
i» Development of a
comprehensive
monitoring and
assessment program
i» Evaluation of overall
program effectiveness
Requirements for annual
reporting of MS4 activities
There are many components involved in monitoring and evaluating
the effectiveness of a municipal stormwater program. Any
comprehensive monitoring program should have clear monitoring
objectives to help determine compliance and water quality impacts.
Each monitoring program is unique and should be customized to the specific waterbodies, impairments,
and pollutant sources of the MS4.
Evaluating the overall effectiveness of the municipal stormwater program should be done using
information from the monitoring program, progress toward meeting measurable goals, and other
indicators. Without assessing the effectiveness of the stormwater management program the permittee
will not know which parts of the program need to be modified to protect and/or improve water quality
and instead will essentially be operating blindly. Establishing a comprehensive monitoring and
assessment program will enable the permittee to track progress in complying with permit provisions and
implementing a program to protect water quality.
8.1 Consolidated Information Tracking System
Example Permit Provision
8.1.1 Within the first [insert time frame which corresponds to the development of the
monitoring program e.g. first two years of permit], the permittee must develop a
tracking system to track the information required in the permit as well as the
information required to be reported in the annual report (see Part 8.4).
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Example Permit Requirement Rationale for the Fact Sheet
An important part of any municipal stormwater program is to document and track information
on activities the permittee undertakes to comply with the Permit Requirements. Tracking
should be integrated into each of the minimum measures. For example, tracking the location of
illicit discharges may indicate that a specific area has a high incidence of motor oil being
dumped into storm drains. Investigations may reveal that homeowners are changing the motor
oil in their cars, but not properly disposing it. Therefore, the permittee will need to educate the
homeowners in that area regarding proper disposal.
The permittee must develop a tracking system to monitor implementation of its various
programs in order to document the permittee's compliance with its Permit Requirements, such
as the number of construction sites and industrial facilities inspected. In addition, the tracking
system will allow the permitee to monitor the compliance status of those entities within its
jurisdiction, such as construction sites and industrial facilities, and to ensure compliance of
municipally-owned and operated facilities.
Any tracking system should be coordinated with the monitoring and evaluation programs
developed by the permittee. Ideally, a monitoring and evaluation program will link the
"actions" (e.g., the inspections, maintenance, education and other activities the permittee
implements) with the "results" (e.g., water quality monitoring data, improvements in
environmental indicators) of the monitoring program.
In addition, adequate tracking is necessary to generate and provide reports of program progress
not only to the permitting authority, but to a permittee's internal management for planning and
funding purposes. Ideally, a MS4 permittee will have at least one person in charge of overall
coordination, including tracking. While many departments or agencies might implement various
stormwater program components, it is helpful for a single person or department to gather and
analyze applicable data. This can be accomplished in a number of ways and will vary based on
existing data tracking mechanisms used by a permittee, the data being captured and the reporting
requirements the permittee must comply with. Ideally, the program would have a database
accessible by all parties which specifies the required data. Lacking this, the permittee will need to
coordinate all responsible parties. The permittee will need to ensure that responsible parties
"mine" all data necessary to adequately represent the program and permit compliance, and
specify adequate internal reporting deadlines to guarantee that the data is available in a timely
manner for program planning, effectiveness assessments and permit reporting. Some permittees
create reporting forms for program component managers to complete and submit by internal
deadlines. Regardless of how the permittee coordinates the effort internally, without adequate
tracking of data the permittees will not be able to submit annual reports to the permitting
authority that provide the necessary information to determine permit compliance.
Recommendations for the Permit Writer
To assist the permittee in ensuring appropriate data is gathered and analyzed, the permitting
authority should be very clear regarding annual reporting requirements. In addition, the text for this
section should be tailored depending on the permittee. For example, some permittees may be able
to develop a GIS-based system complete with the option to upload pictures and inspection reports
versus a spreadsheet. In the text provided either system would meet the requirements, but more
detailed information can be obtained with the GIS-based system.
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8.2 Development of a Comprehensive Monitoring & Assessment
Program
Example Permit Provision
8.2.1 The permittee must continue to implement, and revise as necessary, a
comprehensive monitoring and assessment program. A description of this program
must be included in the SWMP document. The monitoring and assessment program
must be designed to meet the following objectives:
a. Assess compliance with this permit;
b. Measure the effectiveness of the permittee's stormwater management
program;
c. Assess the chemical, physical, and biological impacts to receiving waters
resulting from stormwater discharges;
d. Characterize stormwater discharges;
e. Identify sources of specific pollutants;
f. Detect and eliminate illicit discharges and illegal connections to the MS4; and
g. Assess the overall health and evaluate long-term trends in receiving water
quality.
NOTE: Because monitoring programs and requirements are very specific to the MS4 and
local water quality impairments, permit writers are directed to the "Recommendations to
the Permit Writer" section below for examples of comprehensive monitoring program
Permit Requirements.
Example Permit Requirement Rationale for the Fact Sheet
Without clear monitoring objectives and a detailed monitoring plan, it will be difficult for
permittees and permitting authorities to evaluate the effectiveness of the municipal stormwater
program.
There are numerous factors that should be examined while setting up the water quality
monitoring portion of the comprehensive program. Understanding and considering climatic
conditions such as precipitation patterns, temperature, and seasonal variations will ensure the
study design will collect data that are representative of typical storms in the area and that
sampling occurs during times of the year when it is most logical to do so. Acknowledging the
different types of land uses within the area will also help the permittee to prioritize monitoring
efforts based on the areas most likely to be impacted by stormwater. The type of waterbody
monitored must also be considered when selecting sampling locations since pollutants behave
differently depending on the environment thereby impacting sampling protocols. For example,
sampling in a freshwater lake involves different protocols than monitoring in a tidally influenced
river or a first order stream. Waterbody type can also influence the data results and conclusions
(e.g. freshwater wetlands typically have high denitrification rates that will likely impact the
results of nitrate sampling).
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Selection of specific sampling locations is also very important. If particular sites are of concern,
then monitoring both above and below the sites to figure out their contributions to the overall
water quality issues may make sense. Also, the actual location in the waterbody is important to
specify for consistency. For example, should samples be taken close to the stream bank or in
the center of the waterbody, in riffles or pools? The answers to these questions, of course,
depend on the goals of the monitoring and the constituents (biological, chemical, hydrological)
being examined.
In addition, the number and frequency of samples collected and stream assessments performed
will determine how robust the data will be (see page 287 in National Research Council's Report
Urban Stormwater Management in the United States (2009) available at
www.epa.gov/npdes/pubs/nrc stormwaterreport.pdf). Monitoring may or may not be tied to
specific wet weather events (i.e. within 72 hours after a rainfall event). A combination of
specific wet weather samples and dry weather samples may be appropriate.
Establishing objectives with associated indicators (environmental or administrative) for each
minimum measure can help put each component into perspective when considering the overall
program. Indicators are one way to evaluate the success of the program from the overall
program level. Developing standard environmental indicators is a critical step to evaluate the
SWMP. Permittees need practical tools, such as these indicators, in order to determine if their
stormwater programs are working, and that help elucidate where additional efforts may be
most critical. Environmental indicators should be selected based on the type
(estuarine/freshwater/brackish) and condition (impaired/non-impaired) of the waterbody to
which stormwater is discharged as well as the intended use of the area where the stormwater is
discharged (source water protection area, etc.).
In addition, permittees should document certain administrative efforts associated with
developing and implementing their SWMPs. In this context 'administrative' is considered quite
broad, including such things as control measures, inspection programs, policies and rules, MS4
system scope and condition, educational efforts and any other variable or outcome that could
reflect on the quality of a stormwater program other than the actual environmental quality
outcomes, which are covered under 'Environmental Indicators'.
Good administrative indicators are numerous, and good suites of indicators will vary from one
community to another. More information can be obtained on each of the environmental and
administrative indicators listed by going to the Stormwater Manager's Resource Center
(www.stormwatercenter.net) and selecting "Monitor/Assess" on the left navigation bar.
Several protocols have been developed to assess the effectiveness of stormwater control
measures:
Guidance for Evaluating Emerging Stormwater Treatment Technologies, Technology
Assessment Protocol - Ecology (TAPE) www.ecy.wa.gov/biblio/0210037.html . This
guidance document's primary purpose is to establish a testing protocol and process for
evaluating and reporting on the performance and appropriate uses of emerging
stormwater treatment technologies.
Technology Acceptance Reciprocity Partnership (TARP) Protocol for Stormwater Best
Management Practice Demonstrations www.dep.state.pa.us/dep/deputate/
pollprev/techservices/tarp/pdffiles/Tier2protocol.pdf . The purpose of the TARP
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Protocol is to provide a uniform method for demonstrating stormwater technologies
and developing test quality assurance (QA) plans for certification or verification of
performance claims.
BMP Performance Verification Checklist. This is a tool that helps permittees provide a
consistent set of questions for applicants proposing to use manufactured and
proprietary BMP. It is available as Tool # 8 of the Center for Watershed Protection's
Managing Stormwater in Your Community. The checklist is accompanied by an
explanation and instructions for using the checklist, technical appendices, and a matrix
that compares existing verification protocols, such as TARP and TAPE.
Additional monitoring resources include:
CWP, 2008, Monitoring to Demonstrate Environmental Results: Guidance to Develop
Local Stormwater Monitoring Studies Using Six Example Study Designs (www.cwp.org)
Geosyntec Consultants and Wright Water Engineers, 2009, Urban Stormwater BMP
Performance Monitoring, (bmpdatabase.org/MonitoringEval.htm)
CASQA, 2007, Municipal Stormwater Program Effectiveness Assessment Guidance
(www.casqa.org)
Recommendations for the Permit Writer
Because of the site-specific nature and variability of these monitoring programs between
permittees, the detailed requirements should be provided by each permit writer. For example, the
Phase I regulations included specific monitoring requirements while the Phase II regulations allow,
but do not specifically require monitoring. To assist permit writers, several examples of monitoring
requirements from existing MS4 permits are listed below:
Baltimore County, MD Phase I MS4 permit (issued 2005); see the watershed assessment and
planning requirements (Part II.F) and assessment of controls (Part II.H)
www.mde.state.md.us/assets/document/sedimentStormwater/MSSPermit/BA%20final%20
permit.pdf
Southern California Regional Bioassessment Monitoring Program (this is a regional monitoring
program involving coastal counties in Southern California)
www.socalsmc.org/Docs/SMC-DesignofBioassessmentRegionalMonitoringProgram.pdf
San Diego, CA Phase I MS4 Permit (issued 2007); see Receiving Waters and Urban Runoff
Monitoring and Reporting Program.
www.waterboards.ca.gov/sandiego/water issues/programs/stormwater/docs/sd permit/
r9 2007 0001/2007 0001final.pdf
The permit writer could consider the role of partnerships among the MS4s in establishing and
implementing the monitoring programs so that any data collected is robust, useful, and meaningful.
In addition, communities may benefit more by working with local organizations and/or neighboring
communities who are already collecting similar data. By doing so resources may be used more
efficiently and results of testing may be more robust.
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The permit writer should also require the permittee to assess the effectiveness of the SWMP in
meeting applicable Permit Requirements. The sampling protocols developed must support the goals
of the monitoring program. The monitoring and assessment program must include water quality
monitoring as well as an assessment of environmental and administrative indicators. Along these
lines, the permit writer could also add requirements such as the ones provided below:
Water Quality Monitoring
a. The Permittee must develop a water quality monitoring program that includes [insert
specific monitoring programs and requirements, such as:
Ambient receiving water monitoring,
Biological monitoring,
Control measure performance monitoring, or
Discharge (wet weather) monitoring
Because the detailed monitoring program requirements are very unique to each MS4,
the permitting authority should insert here the specific details of the relevant
monitoring program, such as monitoring type, frequency, location, etc.]
b. When determining water quality monitoring components, the permittee must
examine and consider a variety of factors, including, but not limited to:
Climatic conditions, including precipitation patterns, temperature, and seasonal
variations
Land uses in the MS4
Waterbody type
c. The permittee must consider and address specific sampling quality assurance/quality
control protocols, including, but not limited to:
Specific chemical constituents (pollutants), biological stream indicators, and physical
stream indicators that will be monitored to best achieve the purpose of the monitoring
Sampling locations
Number and frequency of sample collection and assessments
Timing of sample collection
d. The permittee must determine if any similar monitoring is occurring within the MS4
and if it is logical to link efforts.
Environmental Indicators
As part of the comprehensive monitoring and assessment program, the permittee must
identify and track at least [insert number of indicators to be tracked] environmental
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indicators from each category listed below (physical and hydrologic indicators; biological
indicators; water quality indicators). The indicators must be appropriate to assess if the
SWMP is meeting goals and objectives:
Biological indicators
Fish assemblage
analysis
Macro-invertebrate
assemblage
Single species
indicator
Composite indicators
Other biological
indicators
Physical and hydrological
indicators
Stream widening/
downcutting
Physical habitat quality
Impacted dry weather
flows
Increased flooding
frequency
Stream temperature
monitoring
Administrative indicators
As part of the comprehensive monitoring and assessment program, the permittee must identify
and track at least [insert number of indicators to be tracked] administrative indicator from each
category listed below (social indicators; programmatic indicators; site indicators). The indicators
must be appropriate to assess if the SWMP is meeting goals and objectives:
Water quality indicators
Water quality pollutant
constituent monitoring
Toxicity testing
Non-point source
loadings
Exceedance frequencies
of water quality
standards
Sediment contamination
Human health criteria
Social indicators
Public attitude surveys
Industrial/commercial
pollution prevention
Public involvement and
monitoring
User perception
Site indicators
Control measure
performance
monitoring
Industrial site
compliance monitoring
Programmatic indicators
Number of illicit
connections identified
and corrected
Number of control
measures installed,
inspected, and
maintained
Permitting and
compliance
Growth and
development
Performance Monitoring of Stormwater Controls
When monitoring the performance of stormwater controls, EPA recommends that percent
removal efficiencies are not calculated and compared since results can be misleading because
the percentages may be based on differing levels of the influent concentration (see
cfpub.epa.gov/npdes/stormwater/urbanbmp/bmptopic.cfm#percentremoval for further
discussion; also see National Research Council's Report Urban Stormwater Management in the
United States (2009) available at www.epa.gov/npdes/pubs/nrc stormwaterreport.pdf).
Modeling can also be a useful tool to quantify the impacts of municipal stormwater management.
The following resources provide summaries and reviews of different types of models available to
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MS4 Permit Improvement Guide
determine existing loading from an MS4 as well as the effects expected from various stormwater
controls.
1. USEPA Handbook for Developing Watershed Plans to Restore and Protect Our Waters
www.epa.gov/nps/watershed handbook/
Chapter 8 of this document focuses on methods for estimating pollutant loads, including the use
of watershed models. This chapter provides assistance in selecting and applying watershed
models to estimate pollutant loads from existing conditions.
2. USEPA TMDL Model Evaluation and Research Needs
www.epa.gov/nrmrl/pubs/600r05149/600r05149.htm
This report documents the review of more than 60 available watershed and receiving water
models. It discusses model selection on the basis of model capabilities and provides a series
of tables rating the capabilities or applicability the models using the categories of TMDL
endpoints, general land and water features, special land processes, special water processes,
and application considerations including the selection of appropriate best management
practices and their water quality impacts. The document also provides individual fact sheets
for each reviewed model.
8.3 Evaluation of Overall Program Effectiveness
Example Permit Provision
8.3.1 Annual Effectiveness Assessment-The annual effectiveness assessment must:
a. Use the monitoring and assessment data described in Part 8.2 to specifically
assess the effectiveness of each of the following:
1. Each significant activity/control measures or type of activity/control
measure implemented;
2. Implementation of each major component of the Stormwater Management
Program (Public Education/Involvement, Illicit Discharges, Construction,
Post-Construction, Good Housekeeping); and
3. Implementation of the Stormwater Management Program as a whole.
b. Identify and use measurable goals, assessment indicators, and assessment
methods for each of the items listed in Part 8.3.1.a above.
c. Document the permittee's compliance with permit conditions.
8.3.2 Based on the results of the effectiveness assessment, the permittee must annually
review its activities or control measures to identify modifications and improvements
needed to maximize SWMP effectiveness, as necessary to achieve compliance with
this permit. The permittee must develop and implement a plan and schedule to
address the identified modifications and improvements. Municipal activities/control
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MS4 Permit Improvement Guide
measures that are ineffective or less effective than other comparable municipal
activities/control measures must be replaced or improved upon by implementation
of more effective municipal activities/control measures.
8.3.3 As part of its Annual Reports, the permittee must report on its SWMP effectiveness
assessment as implemented under Part 8.3.1 above.
Example Permit Requirement Rationale for the Fact Sheet
A key requirement in the stormwater Phase II rule is a report (40 CFR 122.34(g)(3)) that includes
"the status of compliance with permit conditions, an assessment of the appropriateness of
identified [control measures] and progress towards achieving identified measurable goals for
each of the minimum control measures." This assessment is critical to the stormwater program
framework which uses the iterative approach of implementing controls, conducting
assessments, and designating refocused controls leading toward attainment of water quality
standards.
Building on the monitoring and assessment program developed in Part 8.2, the permittee must
conduct an annual effectiveness assessment to assess the effectiveness of significant control
measures, SWMP components, and the SWMP as a whole. The California Stormwater Quality
Association's (CASQA) Municipal Stormwater Program Effectiveness Guidance describes
strategies and methods for assessing effectiveness, including examples of effectiveness
assessment for each SWMP program component. The CASQA Effectiveness Guidance is available
at www.casqa.org for purchase. A two-hour EPA webcast focusing on the CASQA Guide is also
available (available at www.epa.gov/npdes/training under "Assessing the Effectiveness of Your
Municipal Stormwater Program"). A resources document from the webcast includes a 10 page
summary of the Guide and example pages from the municipal chapter
(www.epa.gov/npdes/outreach files/webcast/iun0408/110961/municipal resources.pdf).
The Municipal Stormwater Program Effectiveness Assessment Guidance synthesizes information
on designing and conducting program effectiveness assessments. The document also explains
how to select certain methods based on programmatic outcomes and goals. The reader is led
through a series of questions and case studies to demonstrate how proper assessments are
selected. Techniques are related to different level of outcomes: level one - documenting
activities, level two - raising awareness, level 3 - changing behavior, level 4 - reducing loads
from sources, level 5 - improving runoff quality, and level 6 - protecting receiving water quality.
The Guide includes fact sheets for all six NPDES program elements, outlining methods and
techniques for assessing effectiveness of each program.
Recommendations for the Permit Writer
Adaptive management is the appropriate process for assessing new opportunities for improving
program effectiveness in controlling stormwater pollution. The permit writer should require the
permittee to use adaptive management throughout the permit term to assess options for improving
controls on stormwater discharges as compared with measurable goals and demonstrated by
monitoring and assessment protocols. The permit writer should have the permittee monitor and
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assess the data and analyses required under the permit as well as applicable information from other
sources in the adaptive management process.
In addition, the permit writer should have the permittee assess and modify, as necessary, any or all
existing SWMP components and adopt new or revised SWMP components to optimize reductions in
stormwater pollutants through an iterative process. This iterative process should include routine
assessment of the need to further improve water quality and protect beneficial uses, review of
available technologies and practices to accomplish the needed improvement, and evaluate
resources available to implement the technologies and practices.
8.4 Requirements for Annual Reporting of MS4 Activities
Example Permit Provision
8.4.1 Summary Annual Report - The Permittee must submit annual reports on or before
[specify deadline, e.g., the anniversary date of this permit] for the reporting period
[specify the reporting period, e.g., July 1-June 30]. The Permittee must use the
Summary MS4 Annual Report template in Appendix A to document a summary of
the past year activities. All of the information required on this form must be
completed.
8.4.2 Detailed Annual Report - The Permittee must also submit a detailed annual report
that addresses, for the activities described in the SWMP document required in Part
1.1, the following:
A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions. See Part 8.4.3 for required
information specific to certain SWMP areas.
A description of the effectiveness of each SWMP program component or activity
(see Part 8.3); and
Planned activities and changes for the next reporting period, for each SWMP
program component or activity.
Detailed fiscal analysis described in Partl.4.2.
8.4.3 [Specify any additional information and/or data pertaining to implementation of
priority activities the Permitting Authority would like to see in Annual Reports, e.g. a
list of green roofs (with square footage) installed in the MS4, a summary of water
quality monitoring data collected for a specific waterbody, etc.]
The Annual Report must clearly refer to the Permit Requirements, and describe in
quantifiable terms, the status of activities undertaken to comply with each
requirement.
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MS4 Permit Improvement Guide
Example Permit Requirement Rationale for the Fact Sheet
In general, an annual report must document and summarize implementation of the SWMP
during the previous year and evaluate program results and describe planned changes towards
continuous improvement. The annual report also can serve as a "state of the SWMP" report for
the general public or other stakeholders in the community. While records are to be kept and
made available to the public, the annual report is an excellent summary document to provide as
well.
Recommendations for the Permit Writer
EPA recommends using its Summary Annual Report Template (see Appendix A) in this guidance in
order to obtain summary information about the status of MS4 programs. In addition to the
summary annual report template, permittees must also submit a more detailed annual report.
The permit writer may determine that additional, more detailed, information is needed to
determine compliance with the Permit Requirements. Even if these reporting details are not
required within the permit, the permitting authority and enforcement officials can still request them
at any time or during a program audit.
MS4 permits should require permittees to summarize and analyze data concerning the effectiveness
of the SWMP and submit the analysis to the permitting authority. For example, the permittees
should address such questions as:
For illicit discharge data, what are the most prevalent sources and pollutants in the illicit
discharge data, and where are these illicit discharges occurring? How many illicit discharges
have been identified, and how many of those have been resolved? How many outfalls or
screening points were visually screened, how many had dry weather discharges or flows, at how
many were field analyses completed and for what parameters, and at how many were samples
collected and analyzed? Does the MS4 need to conduct more inspections in these areas, or
develop more specific outreach targeting these sources and pollutants?
For the construction data, what are the most common construction violations, and are there any
trends in the data (e.g., construction operators who receive more violations than others, areas
of the MS4 with more violations, need to refine guidance or standards to more clearly address
common violations). How has the permittee responded to these trends? Over the last year,
how many construction site plan reviews were completed and approved? How many
inspections were conducted, how many noncompliant sites were identified, and how many
enforcement actions (and of what type) were taken?
At a minimum, the permit should require that the annual report clearly illustrate three key items for
each SWMP area:
Summary of the Year's Activities. The summary should describe and quantify program activities
for each SWMP component. Responsible persons, agencies, departments or co-permittees
should be included. Each activity should be described in relation to achievement of established
goals or performance standards.
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MS4 Permit Improvement Guide
Description of SWMP Effectiveness. An annual report should not only describe the previous
year's activities, but should also highlight the SMWP's effectiveness (see Part 8.3) using the
indicators required in Part 8.2.
Planned Activities and Changes. The annual report should describe activities planned for the
next year highlighting any changes made to improve control measures or program effectiveness.
Also, although the stormwater Phase II rule requires reports, after the first permit term, to be
submitted in only years two and four of the permit term, EPA strongly encourages annual reports for
all permittees.
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MS4 Permit Improvement Guide
APPENDIX A: SUMMARY ANNUAL REPORT TEMPLATE
Appendix A: Summary Annual Report Template 107
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National Pollutant Discharge Elimination System Stormwater Program
Small MS4 Report Form
The purpose of this report is to contribute information to an evaluation of the NPDES small municipal separate storm sewer
system (MS4) permit program. Consistent with 40 CFR §122.37 the U.S. Environmental Protection Agency is assessing the
status of the program nation-wide. A "no" answer to a question does not necessarily mean noncompliance with your permit or
with the federal regulations. In order to establish the range of variability in the program it is necessary to ask questions along a
fairly broad performance continuum. Your permitting authority may use some of this information as one component of a
compliance evaluation.
1. MS4 Information
Name of MS4
Name of Contact Person (First)
(Last)
(Title)
Telephone (including area code)
Email
Mailing Address
City
What size population does your MS4 serve?
State ZIP code
NPDES number
What is the reporting period for this report? (mm/dd/yyyy) From
to
2. Water Quality Priorities
A. Does your MS4 discharge to waters listed as impaired on a state 303(d) list? D Yes D No
B. If yes, identify each impaired water, the impairment, whether a TMDL has been approved by EPA for each, and whether
the TMDL assigns a wasteload allocation to your MS4. Use a new line for each impairment, and attach additional pages as
necessary.
Impaired Water Impairment Approved TMDL TMDL assigns WLA to MS4
D Yes
D Yes
D Yes
D Yes
D Yes
D Yes
D Yes
D Yes
DNo
DNo
DNo
DNo
DNo
DNo
DNo
DNo
DYes
D Yes
D Yes
D Yes
D Yes
D Yes
D Yes
QYes
DNo
DNo
DNo
DNo
DNo
DNo
DNo
DNo
C. What specific sources contributing to the impairment(s) are you targeting in your stormwater program?
D. Do you discharge to any high-quality waters (e.g., Tier 2, Tier 3, outstanding natural resource
waters, or other state or federal designation)?
E. Are you implementing additional specific provisions to ensure their continued integrity? D Yes
DYes
I No
I No
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Small MS4 Annual Report Form (cont)
3. Public Education and Public Participation
A. Is your public education program targeting specific pollutants and sources of those pollutants? n Yes D No
B. If yes, what are the specific sources and/or pollutants addressed by your public education program?
C. Note specific successful outcome(s) (e.g., quantified reduction in fertilizer use; NOT tasks, events, publications) fully
or partially attributable to your public education program during this reporting period.
D. Do you have an advisory committee or other body comprised of the public and other
stakeholders that provides regular input on your stormwater program?
4. Construction
A. Do you have an ordinance or other regulatory mechanism stipulating:
Erosion and sediment control requirements? d Yes f_H No
Other construction waste control requirements? EH Yes d No
Requirement to submit construction plans for review? D Yes D No
MS4 enforcement authority? D Yes D No
B. Do you have written procedures for:
Reviewing construction plans? D Yes Q No
Performing inspections? D Yes D No
Responding to violations? D Yes D No
C. Identify the number of active construction sites > 1 acre in operation in your jurisdiction at any time during the
reporting period.
D. How many of the sites identified in 4.C did you inspect during this reporting period?
E. Describe, on average, the frequency with which your program conducts construction site inspections.
F. Do you prioritize certain construction sites for more frequent inspections? d Yes f_H No
If Yes, based on what criteria?
G. Identify which of the following types of enforcement actions you used during the reporting period for construction
activities, indicate the number of actions, or note those for which you do not have authority:
D Yes Notice of violation # No Authority D
D Yes Administrative fines # No Authority Q
D Yes Stop Work Orders # No Authority D
D Yes Civil penalties # No Authority D
D Yes Criminal actions # No Authority D
D Yes Administrative orders # No Authority Q
D Yes Other #
H. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track the locations, n Yes l~~l No
inspection results, and enforcement actions of active construction sites in your jurisdiction?
I. What are the 3 most common types of violations documented during this reporting period?
J. How often do municipal employees receive training on the construction program?
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Small MS4 Annual Report Form (cont)
5. Illicit Discharge Elimination
A. Have you completed a map of all outfalls and receiving waters of your storm sewer system? Q Yes QNo
B. Have you completed a map of all storm drain pipes and other conveyances in the storm sewer
system?
C. Identify the number of outfalls in your storm sewer system.
D. Do you have documented procedures, including frequency, for screening outfalls? D Yes Q No
E. Of the outfalls identified in 5.C, how many were screened for dry weather discharges during this reporting period?
F. Of the outfalls identified in 5.C, how many have been screened for dry weather discharges at any time since you obtained
MS4 permit coverage?
G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on size/type.
H. Do you have an ordinance or other regulatory mechanism that effectively prohibits illicit ._. ._.
discharges?
I. Do you have an ordinance or other regulatory mechanism that provides authority for you to .. Y r~\KI
take enforcement action and/or recover costs for addressing illicit discharges?
J. During this reporting period, how many illicit discharges/illegal connections have you discovered?
K. Of those illicit discharges/illegal connections that have been discovered or reported, how many have been eliminated?
L. How often do municipal employees receive training on the illicit discharge program?
6. Stormwater Management for Municipal Operations
A. Have stormwater pollution prevention plans (or an equivalent plan) been developed for:
All public parks, ball fields, other recreational facilities and other open spaces fj Yes D No
All municipal construction activities, including those disturbing less than 1 acre fj Yes D No
All municipal turf grass/landscape management activities fj Yes D No
All municipal vehicle fueling, operation and maintenance activities fj Yes D No
All municipal maintenance yards D Yes D No
All municipal waste handling and disposal areas D Yes D No
Other
B. Are stormwater inspections conducted at these facilities? fj Yes D No
C. If Yes, at what frequency are inspections conducted?
D. List activities for which operating procedures or management practices specific to stormwater management have been
developed (e.g., road repairs, catch basin cleaning).
E. Do you prioritize certain municipal activities and/or facilities for more frequent inspection? fj Yes D No
F. If Yes, which activities and/or facilities receive most frequent inspections?
G. Do all municipal employees and contractors overseeing planning and implementation of ._. ._.
stormwater-related activities receive comprehensive training on stormwater management?
H. If yes, do you also provide regular updates and refreshers? Q Yes Q No
I. If so, how frequently and/or under what circumstances?
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Small MS4 Annual Report Form (cont)
7. Long-term (Post-Construction) Stormwater Measures
A. Do you have an ordinance or other regulatory mechanism to require:
Site plan reviews for stormwater/water quality of all new and re-development projects? n Yes Q No
Long-term operation and maintenance of stormwater management controls? n Yes Q No
Retrofitting to incorporate long-term stormwater management controls? n Yes D No
B. If you have retrofit requirements, what are the circumstances/criteria?
C. What are your criteria for determining which new/re-development stormwater plans you will review (e.g., all projects,
projects disturbing greater than one acre, etc.)
D. Do you require water quality or quantity design standards or performance standards, either
directly or by reference to a state or other standard, be met for new development and n Yes D No
re-development?
E. Do these performance or design standards require that pre-development hydrology be met for:
Flow volumes d Yes d No
Peak discharge rates D Yes Q No
Discharge frequency EH Yes d No
Flow duration D Yes Q No
F. Please provide the URL/reference where all post-construction stormwater management standards can be found.
G. How many development and redevelopment project plans were reviewed during the reporting period to assess impacts to
water quality and receiving stream protection?
H. How many of the plans identified in 7. G were approved?
I. How many privately owned permanent stormwater management practices/facilities were inspected during the reporting
period?
J. How many of the practices/facilities identified in I were found to have inadequate maintenance?
K. How long do you give operators to remedy any operation and maintenance deficiencies identified during inspections?
L. Do you have authority to take enforcement action for failure to properly operate and maintain .. Y ..,,
stormwater practices/facilities?
M. How many formal enforcement actions (i.e., more than a verbal or written warning) were taken for failure to adequately
operate and/or maintain stormwater management practices?
N. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track post-construction ._. ._.
BMPs, inspections and maintenance?
0. Do all municipal departments and/or staff (as relevant) have access to this tracking system? fj Yes D No
P. How often do municipal employees receive training on the post-construction program?
8. Program Resources
A. What was the annual expenditure to implement MS4 permit requirements this reporting period?
B. What is next year's budget for implementing the requirements of your MS4 NPDES permit?
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Small MS4 Annual Report Form (cont)
C. This year what is/are your source(s) of funding for the stormwater program, and annual revenue (amount or percentage)
derived from each?
Source: Amount $ OR %
Source: Amount $ OR %
Source: Amount $ OR %
D. How many FTEs does your municipality devote to the stormwater program (specifically for implementing the stormwater
program; not municipal employees with other primary responsibilities)?
E. Do you share program implementation responsibilities with any other entities? D Yes D No
Entity Activity/Task/Responsibility Your Oversight/Accountability Mechanism
9. Evaluating/Measuring Progress
A. What indicators do you use to evaluate the overall effectiveness of your stormwater management program, how long have
you been tracking them, and at what frequency? These are not measurable goals for individual management practices or
tasks, but large-scale or long-term metrics for the overall program, such as macroinvertebrate community indices,
measures of effective impervious cover in the watershed, indicators of in-stream hydrologic stability, etc.
Began Tracking Number of
Indicator (year) Frequency Locations
B. What environmental quality trends have you documented over the duration of your stormwater program? Reports or
summaries can be attached electronically, or provide the URL to where they may be found on the Web.
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Small MS4 Annual Report Form (cont)
10. Additional Information
In the space below, please include any additional information on the performance of your MS4 program. If providing
clarification to any of the questions on this form, please provide the question number (e.g., 2C) in your response.
Certification Statement and Signature
I certify that all information provided in this report is, to the best of my knowledge and belief, true,
accurate and complete.
Federal regulations require this application to be signed as follows: For a municipal, State, Federal, or other public facility: by either a principal
executive or ranking elected official.
Name of Certifying Official, Title Date (mm/dd/yyyy)
Submit
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APPENDIX B: DEFINITIONS
Commencement of Construction - the initial disturbance of soils associated with clearing, grading, or
excavating activities or other construction-related activities (e.g., stockpiling of fill material). (Source:
2008 CGP)
Control Measure - any best management practice (BMP) or other method used to prevent or reduce
the discharge of pollutants to waters of the United States. (Source: 2008 CGP)
Discharge - when used without qualification means the "discharge of a pollutant." (Source: 2008 CGP)
Discharge of Stormwater Associated with Construction Activity - as used in this permit, refers to a
discharge of pollutants in stormwater from areas where soil disturbing activities (e.g., clearing, grading,
or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area,
concrete truck chute washdown, fueling), or other industrial stormwater directly related to the
construction process (e.g., concrete or asphalt batch plants) are located. (Source: 2008 CGP)
Illicit Discharge - any discharge to a municipal separate storm sewer that is not composed entirely of
storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges
from the municipal separate storm sewer) and discharges resulting from fire fighting activities. (Source:
40 CFR 122.26)
Large Construction Activity - is defined at 40 CFR §122.26(b)(14)(x) and incorporated here by reference.
A large construction activity includes clearing, grading, and excavating resulting in a land disturbance
that will disturb equal to or greater than five acres of land or will disturb less than five acres of total land
area but is part of a larger common plan of development or sale that will ultimately disturb equal to or
greater than five acres. Large construction activity does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site.
(Source: 2008 CGP)
Non-Structural Controls - preventative actions that involve management and source controls. Refer
also to 40 CFR 122.34(b)(5)(c)(iii). (Source: 40 CFR 122.26)
Qualified Personnel - A person knowledgeable in the principles and practice of erosion and sediment
controls who possesses the skills to assess conditions at the construction site that could impact
stormwater quality and to assess the effectiveness of any sediment and erosion control measures
selected to control the quality of stormwater discharges from the construction activity. (Source: EPA's
2008 Construction General Permit)
Receiving Water - the "Water of the United States" as defined in 40 CFR §122.2 into which the
regulated stormwater discharges. (Source: 2008 CGP)
Small Construction Activity-includes clearing, grading, and excavating resulting in a land disturbance
that will disturb equal to or greater than one (1) acre and less than five (5) acres of land or will disturb
Appendix B: Definitions 108
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less than one (1) acre of total land area but is part of a larger common plan of development or sale that
will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres. Small
construction activity does not include routine maintenance that is performed to maintain the original
line and grade, hydraulic capacity, or original purpose of the site. (Source: 2008 CGP)
Stormwater control measure- see control measure.
Structural Control - physically designed, installed, and maintained practices used to prevent or reduce
the discharge of pollutants in stormwater, to minimize erosion, and/or to minimize the impacts of
stormwater on waterbodies.
Wasteload Allocation - the portion of a receiving water's loading capacity that is allocated to one of its
existing or future point sources of pollution. Wasteload allocations constitute a type of water quality-
based effluent limitation. (40 CFR 130.2)
Appendix B: Definitions 109
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