TRANSPORTATION
STORMWATER PERMIT
COMPENDIUM
A compendium of excerpted permit language from municipal separate
storm sewer system (MS4) permits and other resources that can be
used and/or tailored for transportation-specific MS4 permits.
Office of Wastewater Management
Water Permits Division
August 2018
EPA-833-R-18-001
-------
Contents
INTRODUCTION AND GETTING STARTED 1
1 BACKGROUND 3
1.1 FUNCTIONAL CLASSIFICATION 4
1.2 LANE MILES 5
1.3 TYPES OF POLLUTANTS 6
1.4 POLLUTANT SOURCES 7
1.5 ACTIVITIES TYPICALLY ASSOCIATED WITH REPAIRS, IMPROVEMENTS, AND MAINTENANCE .... 8
2 FORMATTING AND PERMIT ORGANIZATION 10
3 ESTABLISHMENT OF THE STORMWATER MANAGEMENT PROGRAM 14
3.1 LEGAL AUTHORITY 14
3.2 CONTRACTUAL REQUIREMENTS 15
3.3 ENFORCEMENT 17
3.4 REQUIREMENT TO ENSURE ADEQUATE RESOURCES 19
3.5 TOTAL MAXIMUM DAILY LOAD (TMDL) REQUIREMENTS 20
3.6 SHARED RESPONSIBILITIES 26
3.7 PUBLIC EDUCATION AND PUBLIC INVOLVEMENT 27
4 FACILITIES 30
4.1 NON-INDUSTRIAL FACILITY INVENTORY AND MANAGEMENT 30
4.2 FACILITY CONTRACTOR EDUCATION 34
5 ROADWAYS 36
5.1 WINTER STORM MANAGEMENT 36
5.2 STREET SWEEPING 38
6 STORM SEWER INFRASTRUCTURE 41
6.1 STORM SEWER CLEANING 41
6.2 STORMWATER MANAGEMENT CONTROLS TRACKING, OPERATION, AND MAINTENANCE 41
6.3 STORM SEWER SYSTEM MAPPING 42
6.4 OUTFALL PRIORITIZATION AND SCREENING 44
6.5 ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) SOURCE IDENTIFICATION AND
ELIMINATION 44
6.6 SPILL TRACKING AND REPORTING 46
6.7 IDDE STAFF TRAINING 46
7 ROADSIDE 48
7.1 VEGETATION MANAGEMENT 48
7.2 TRASH/UTTER 49
7.3 ENCROACHMENT PERMITTING 52
8 PROJECT DEVELOPMENT/ACTIVE CONSTRUCTION 55
8.1 PROJECT DEVELOPMENT AND PLANNING 55
8.2 ACTIVE CONSTRUCTION STORMWATER CONTROLS 57
ii | Page
-------
Contents
8.3 POST-CONSTRUCTION STORMWATER CONTROLS 58
8.4 GREEN INFRASTRUCTURE 65
8.5 WATERSHED PLANNING/PROTECTION 66
8.6 RETROFITS 68
8.7 OFFSITE MITIGATION 69
8.8 ACTIVE CONSTRUCTION SITE INSPECTIONS AND ENFORCEMENT 70
8.9 STAFF TRAINING 73
8.10 CONTRACTOR TRAINING 73
9 MONITORING AND EVALUATION 74
iii | Page
-------
Introduction and Getting Started
This compendium presents examples of different permitting approaches that the U.S.
Environmental Protection Agency (EPA) found in a nationwide review of National Pollutant
Discharge Elimination System (NPDES) permits that specifically address linear, department of
transportation (DOT) municipal separate storm sewer systems (MS4s). To develop this
compendium, EPA reviewed current individual and general MS4 final permits issued to DOTs
through September 2016. The compendium also includes examples from MS4 permits that may
not be specific to DOTs but address activities DOT systems typically encounter (e.g., storage and
management of deicing materials).
DOTs may be regulated under Phase I or Phase II MS4 permits. Phase I MS4 permittees are
typically regulated under individual permits and can include multiple co-permittees. Most
Phase II MS4 permittees are regulated under general permits (with some exceptions where
individual permits have been used for Phase II and non-traditional MS4 permittees, including
DOTs). Phase II MS4 permits must include terms and conditions that address the six minimum
control measures in 40 CFR 122.34(b), annual reporting requirements in 40 CFR 122.34(d), and
other requirements as appropriate for the protection of water quality in 40 CFR 122.34(c).
Phase I MS4 permits are governed by the regulations at 40 CFR 122.26(d).
EPA notes that this compendium is intended to serve as a snapshot of permit provisions. EPA
anticipates that as permits are issued in the coming months and years, this compendium may
be updated to include newer examples or modified information. EPA has an interest in ensuring
the accuracy of the information contained in this document and therefore welcomes input on
any aspect of this compendium at any time. The Agency expects to update the compendium as
appropriate based on the comments received. EPA notes that the inclusion of any particular
permit example should not be read as an Agency endorsement of the entire approach taken in
that permit, nor should it be read as EPA's independent determination that the permit terms
meet the Phase I and/or Phase II MS4 requirements.
In addition, this document does not impose any 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. EPA made every attempt to ensure the accuracy of the examples
included in this document. In the event of a conflict or inconsistency between this compendium
and any statute, regulation, or permit, it is the statute, regulation, or permit that governs, not
this compendium. For more information about the NDPES Stormwater Program, visit
www.epa.gov/npdes/stormwater.
The compendium is divided into sections that address stormwater requirements associated
with typical DOT activities, as well as overall stormwater management program (SWMP)
coordination, monitoring, and reporting. Each section includes permit excerpts and associated
information formatted into tables as shown below:
1 | Page
-------
Introduction and Getting Started
Table 1. Example Excerpt Information Table
()
Effective Date Permittee
effective>
Citation
1
Link to Permit
cHyperlink to view entire
permit>
1 Note: Citations are to EPA stormwater regulations and are not intended to be a comprehensive listing
of possible legal authorities that could support a particular permit condition. For example, no citations
are provided for EPA regulations that apply generally to all NPDES permits or to state regulations that
may further support or require particular permit conditions. Each permit example includes a citation to
the relevant provision(s) of Phase I regulations (40 CFR 122.26) and Phase II regulations (40 CFR 122.34).
In addition, the Phase II stormwater regulations include guidance paragraphs. These are not legally
binding in themselves but guide permit writers on developing permit conditions. If a guidance paragraph
is cited, it is clearly marked as guidance.
Excerpt from permit:
This section includes language that is directly quoted from the permit. [Note: In some examples,
EPA has included surrounding language from the permit to provide context. To emphasize the
portion of the provision that is being showcased and is "clear, specific, and measurable," EPA
has highlighted that part of the permit provision.]
Permit writers may also find the following EPA resources from the Compendium of MS4
Permitting Approaches helpful when developing DOT MS4 permits:
Introduction
Part 1: Six Minimum Control Measures
Part 2: Post-Construction Standards
Part 3: Water Quality-Based Requirements
Permits that include specific deadlines for compliance, incorporate clear performance standards, and
include measurable targets for implementation enable permitting authorities to more easily assess
compliance. Similarly, they give permittees and the public greater transparency with respect to what
actions are necessary to achieve compliance. Phase II MS4 permits are required to include terms and
conditions that are "clear, specific, and measurable"see 40 CFR 122.34(a).
Permit Considerations
2 | Page
-------
1 Background
The United States has more than 4 million miles of public urban and rural roads.1 Local
governments, such as municipalities, towns, townships, and counties, own most of our nation's
roadways.2 State DOTs own approximately 21 percent of the roadway lane miles. The federal
government owns only about 3 percent of all roads in the country.
Some stormwater discharges from roadways, including all
of those within defined urbanized areas, are covered under
the NPDES MS4 regulations. DOTs may be co-permittees
with Phase I MS4s under a Phase I permit or small MS4s
as defined in 122.26(b)(16) under either an individual or
general Phase II MS4 permit. These permits typically
include requirements related to pollution prevention,
public education/outreach, public involvement,
construction, post-construction for new development and redevelopment, and illicit discharge
detection and elimination. While most regulated stormwater discharges from roads are within
U.S. Census Bureau-defined urbanized areas, some permitting authorities have chosen to
extend NPDES permit requirements to include stormwater discharges from state and locally
owned roads outside these areas.
Highway Statistic Data
The Federal Highway
Administration collects state and
national data on roads and other
statistics. Check out
https://www.fhwa.dot.aov/policvi
nformation/statistics.cfm.
1 FHWA, Highway Statistics 2014, October 2015,
http://www.fhwa.dot.gov/policvinformation/statistics/2014/hml0.cfm.
2 Ibid.
3 | P a g e
-------
1 Background
State DOT stormwater management differs from traditional MS4 stormwater programs in
several ways;
Populations/Communities
The communities that linear facilities reach
are typically members of the traveling
public. Educational campaigns and outreach
might be tailored to them.
Inspections and Enforcement
State DOTs do not typically oversee projects
or facilities beyond those they own.
Facility Locations and Limitations
Roadways often cross multiple watersheds
and city and county jurisdictional boundaries.
Therefore, state DOTs are often covered by
multiple NPDES permits (or are co-
permittees} resulting in stormwater
management solutions over a large
geographic area, depending on the location
of the system. In addition, linear systems
often involve limitations of ROW space.
Mission
Most state DOTs have different missions than
those of traditional municipalities. They are
primarily tasked with the safe transport of
goods and the public. Transportation facilities
are also unique because their primary
objective is ensuring the safety of the public.
Therefore the placement of stormwater
controls is limited by state and federal safety
requirements.
m
Pollutant Sources and Characterization
State DOTs do not typically oversee new
development, redevelopment, and
construction projects outside their rights-
of-way (ROWs). Stormwater runoff from
roadways has also been fairly well
characterized, and typical pollutants are
known.
Authorities
State DOTs do not have the authority to
control stormwater via regulations and
ordinances; instead, they must include
requirements in their agreements and
contracts and establish internal
policies/guidelines and cooperative
agreements. Some state DOTs also issue
ROW permits to adjacent land users to allow
them to control access to their ROWs.
Sections 1.1-1.5 provide permit writers with background information and terminology that may
help them understand and communicate with transportation permittees.
1.1 Functional Classification
In 1989, the Federal Highway Administration (FHWA) established a functional classification
process that groups streets and highways into classes, or systems, according to the type of
traffic service they provide.
The first class includes rural or urban roads. The three basic categories within each class are
local roads, collectors, and arterials. Local roads serve homes, businesses, farms, and small
communities and provide access to collector roadways. Collectors channel traffic from the local
roads to the arterials, which allow people to travel between larger towns and major cities.
4 | Page
-------
1 Background
Rural principal
arterials connect
almost all
urbanized areas
with more than
50,000 people and
urban areas with
more than 25,000
people.
Highway Functional Classification System Hierarchy
All U.S. Roads
Urban
Local
Collectors
Local
Principal
Minor
Major
Minor
Principal
Minor
Interstate
Other Principal Arterial
Interstate
Other Freeway and Expressway
Other Principal Arterial
Source: FHWA Functional Cfossrfcalrcv) Guidelines.
For more information:
https://www.fhwa.dot.gov/policyinformation/pubs/hf/plll028/chapterl.cfm
https://www.fhwa.dot.gov/planning/processes/statewide/related/highway functional c
lassifications/fcauab.pdf
https://www.fhwa.dot.gov/environment/publications/flexibility/chOQ.cfm (see Chapter
3)
1.2 Lane Miles
Transportation agencies
often use miles as the unit
of measurement to
estimate the length of a
section of road. They also
use lane miles, which take
into account the number of
lanes that are present in
that same section of road.
ฉ
_ 2 lanes
0
~1
_ 2 lanes
ฉ
j
Length = 1 mile
A stretch of highway 1 mile in length with 4 lanes equates to 4 lane miles:
Lane ฉ + Lane ฉ + Lane ฎ + Lane ฉ = 1 mile + 1 mile + 1 mile + 1 mile = 4 lane miles
5 | P a g e
-------
1 Background
1.3 Types of Pollutants
The types of stormwater pollutants and their corresponding concentrations contained in
discharges from roadway surfaces vary depending on the road size, the amount and type of
traffic on the road and location, the type and frequency of deicing practices (if applicable), and
the type and frequency of chemicals used to manage roadside vegetation. The primary
pollutants of concern in roadway stormwater include particulates, nitrogen, phosphorus, lead,
zinc, iron, copper, cadmium, chromium, nickel, manganese, bromide, cyanide, sodium, calcium,
chloride, sulphate, petroleum, polychlorinated biphenyls (PCBs), pesticides, pathogenic
bacteria, rubber, and asbestos.3 Atmospheric deposition, roadside fertilizer use, and sediment
transport are the primary sources of nutrients.4 In addition, non-roadway land next to, or
within the watershed of, the roadway (e.g., developed areas, agricultural land) contribute
pollutants.5
Table 2. Median Pollutant Concentrations in Highway Runoff6
Pollutant
Site Median Pollutant
Concentration (|ig/l) from
Urban Highways (ADT >
30,000)
Site Median Pollutant
Concentration (|ig/l)
from Rural Highways
(ADT < 30,000)
TSS (Total Suspended Solids)
142,000
41,000
VSS (Volatile Suspended Solids)
39,000
12,000
TOC (Total Organic Carbon)
25,000
8,000
COD (Chemical Oxygen Demand)
114,000
49,000
NO3/NO2 (Nitrate + Nitrite)
760
460
TKN (Total Kjeldahl Nitrogen)
1,830
870
Phosphorus as PO4
400
160
Cu (Total Copper)
54
22
Pb (Total Lead)
400
80
Zn (Total Zinc)
329
80
ADT = Average daily traffic in vehicles per day
3 FHWA, Stormwater Best Management Practices in the Ultra-Urban Setting: Selection and Monitoring, 2002,
http://www.fhwa.dot.gov/environment/ultraurb/index.htm.
4 FHWA, Evaluation and Management of Highway Runoff Water Quality, 1996. (See footnote 3.)
5 Stonewall, A.J., Granato, G.E., and Haluska, T.L, Assessing Roadway Contributions to Stormwater Flows,
Concentrations, and Loads with the StreamStats Application, April 2018,
https://pubs.er.usgs.gov/publication/70196620.
6 Driscoll, E.D., Shelley, P.E., and Strecker, E.W., Pollutant loadings and impacts from highway stormwater runoff
volume III: analytical investigation and research report: FHWA Final Report FHWA-RD-88-008, April 1990,
https://newengland.water.usgs.gov/dev/gl/DQT/90Model/FHWA-RD-88-008.pdf. (Table has been modified; not
all source table information is included in Table 2 and units have been adjusted for uniformity).
6 | Page
-------
1 Background
1.4 Pollutant Sources
Transportation system activities can concentrate pollutants on roadway surfaces in and around
maintenance yards, park and rides, rest stops, and other areas. Stormwater pollutants come
from construction activities, motor vehicles (including vehicle exhaust and water that splashes
vehicle undercarriages), pavement wear, and roadway and right-of-way maintenance activities.
The pavement itself can also increase the stormwater's temperature, volume, and velocity.
Table 3 Typical Pollutant Sources in Highway Runoff7
Constituent
Primary Sources
Asbestos
Clutch and brake lining wear
Bromide
Exhaust
Cadmium
Tire wear, insecticide application
Chloride
Deicing salts
Chromium
Metal plating, engine parts, brake lining wear
Copper
Metal plating, bearing wear, engine parts, brake lining wear, fungicides and insecticides
use
Cyanide
Anti-caking compound used to keep deicing salt granular
Iron
Auto body rust, steel highway structures, engine parts
Lead
Leaded gasoline, tire wear, lubricating oil and grease, bearing wear, atmospheric fallout
Manganese
Engine parts
Nickel
Diesel fuel and gasoline, lubricating oil, metal plating, brake lining wear, asphalt paving
Nitrogen,
Phosphorus
Atmosphere, roadside fertilizer use, sediments
Particulates
Pavement wear, vehicles, atmosphere, maintenance, snow/ice abrasives, sediment
disturbance
Pathogenic bacteria
Soil litter, bird droppings, trucks hauling livestock/stockyard waste
PCBs, pesticides
Spraying of highway rights-of-way, atmospheric deposition, PCB catalyst in synthetic
tires
Petroleum
Spills, leaks, blow-by motor lubricants, antifreeze, hydraulic fluids, asphalt surface
leachate
Rubber
Tire wear
Sodium, Calcium
Deicing salts, grease
Sulphate
Roadway beds, fuel, deicing salts
Zinc
Tire wear, motor oil, grease
7 Kobringer, N.P., Volume I - Sources and Migration of Highway Runoff Pollutants- Executive Summary, FHWA/RD-
84/057, Federal Highway Administration, Rexnord, EnviroEnergy Technology Center, Milwaukee, Wl, 1984
(reordered)
7 | Page
-------
1 Background
Spotlight: Copper-Free Brake Pads Initiative
On January 21, 2015, EPA, the Environmental Council of the States, and eight industry groups signed a
Memorandum of Understanding to reduce the use of copper and other materials in motor vehicle
brake pads. The agreement calls for reducing copper in brake pads to less than 5 percent by weight by
2021 and to 0.5 percent by 2025. In addition to copper, this voluntary initiative reduces mercury, lead,
cadmium, asbestiform fibers, and chromium-six salts in motor vehicle brake pads. This initiative will
decrease runoff of these materials from roads into our nation's streams, rivers, and lakes.
1.5 Activities Typically Associated with Repairs, Improvements, and
Maintenance
Each state permitting authority may classify new development, redevelopment, and roadway
repair and improvement activities differently. DOTs typically classify their activities into new
construction, reconstruction, rehabilitation, maintenance, and resurfacing. Two common
examples are illustrated below.
Road resurfacing that does not disturb the
subsurface.
Routine maintenance, such as filling in potholes,
repainting lane and edge lines, removing accumulated
debris from drainage inlets, and mowing.
-------
1 Background
Transportation agencies often incorporate stormwater facility maintenance into larger asset
management and operations and maintenance programs orin some casestrack and execute
a standalone stormwater facility maintenance program. Stormwater facilities include, but are
not limited to, catch basins, detention basins, filter strips, riparian buffers, infiltration trenches,
sand filters, constructed wetlands, wet ponds, bioretention systems, low flow bypasses, and
stormwater conveyances.
9 | P a g e
-------
2 Formatting and Permit Organization
Permit includes a table with clear SWMP requirements organized by permit year. (Part 4.2.1)
Effective Date
1/3/2012
Permittee
Georgia DOT
Citation
40CFR 122.26(d)(2)(iv);
40CFR 122.34(b)(1)
Link to Permit
https://epd.ge0rgia.g0v/sites/e
pd.georgia.gov/files/related file
s/site page/Final DOT SW NP
DES Permit MS4 Dec 2011.pd
f
Excerpt from permit:
Table 4.2.1 Public Education - Best Management Practices
BMPs
Measurable Goals
Year 1
Year 2
Year 3
Year 4
Year 5
1. Use the DOT
l.a. Develop a storm water and
X
website to educate
pollution prevention web page.
the public
regarding
stormwater related
topics (e.g. litter
prevention, Adopt-
A-Highway).
l.b. Using a counter, track the traffic
on the website and include the
number of "hits" during the reporting
period in the annual report.
I.e. Update the website at least
annually and provide specifics on the
X
X
X
X
X
X
X
X
updates made during the reporting
period in each annual report.
2. Develop a program
2.a. Develop a program that includes
to educate
training topics such as erosion and
contractors and
sedimentation control, good
employees
housekeeping and pollution
X
conducting
prevention measures, spill prevention,
activities that may
illicit discharge identification, etc.
impact stormwater
Submit the program to EPD for review
runoff.
and approval
2.b. Conduct a training program at
X
X
X
X
least annually. In each annual report,
include...
10 | Page
-------
2 Formatting and Permit Organization
Permit includes specific objectives, management measures, and measurable targets for each SWMP
requirement. (Part II)
Effective Date
10/1/2015
Permittee
North Carolina DOT
Citation
40 CFR
122.26(d)(2)(iv)(B); 40
CFR 122.34(b)(3)
Link to Permit
https://connect.ncdot.gov/reso
urces/hvdro/HSPPermits/2015
NPDES Stormwater Permit.pdf
Excerpt from permit:
SECTION A ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
b. Management Measures
The NCDOT shall implement the following management measures to meet the objectives of the Illicit
Discharge Detection and Elimination Program.
Management Measures
Measurable Goals
(a) Provide illicit discharge identification
training.
NCDOT shall provide annual training for appropriate staff and
contractors. Training shall include identification and reporting of
illicit discharges and illegal dumping.
(b) Perform illicit discharge inspections.
NCDOT shall perform inspections for illicit discharges to the
stormwater drainage system and illicit dumping activities when
performing other work on the NCDOT system. Inspections shall
be documented when illicit discharges are verified.
(c) Maintain a standard point of contact.
NCDOT shall maintain a standard reporting format and contact
for all complaints and reports of illicit discharges.
(d) Report illicit discharges.
NCDOT shall investigate all reports of illicit discharges or illegal
dumping. NCDOT shall report verified illicit discharges to the
appropriate DWQ Regional Office within 30 days of verification.
(e) Maintain a tracking database.
NCDOT shall maintain a tracking database for reports of illicit
discharges.
11 | Page
-------
2 Formatting and Permit Organization
Permit to be implemented in phases according to watershed. (Part III)
Effective Date
11/1/2006
Permittee
South Carolina DOT
Citation
40CFR 122.26(d)(2)(iv);
40 CFR 122.30(d)
(guidance)
Link to Permit
http://www. scdot.org/business/
pdf/stormwater/MS4 permit si
gned copv.odf
Excerpt from permit:
A. WATERSHED MANAGEMENT
The permit will be implemented in five phases as indicated in the Table below. Each phase corresponds
to the basin scheduled for permitting according to South Carolina DHEC's Watershed Program Five Year
Rotating Basin Schedule and their respective 11 Digit Hydrologic Unit Codes (HUCs). The only deviation
allowed from this must be justified by the number of impaired stations in a given basin according to the
table included in Part IV.
There are four priority watersheds in the State of South Carolina designated by US EPA they are:
The entire Upper Saluda HUC 03050109 (From the Mountains above Greenville to the Lake
Murray Dam),
The entire Middle Savannah HUC in SC 03060106 [and] the area around Aiken to the Savannah
River,
The Seewee to Santee area which is the upper portion of the eleven digit 0305022060
watershed, and,
The Lower Edisto-03050205.
Basin
Urbanized Hydrologic Unit Codes (HUCs)
2007
Broad
03050106060 (4), 03050106070 (2), 03050106090 (1)
03050105150 (3), 03050105160 (2), 03050107010 (4), 03050107040 (3)
03050108010 (17)
03050106050
03050105090 (7), 03050105110 (1), 03050105130 (6), 03050105170 (4), 03050105180
(5), 03050105190 (2), 03050107020 (2), 03050107030 (1), 03050107060 (13)
2008
Savannah
03060101040, 03060103030 (1), 03060103070 (6), 03060103080 (1), 03060101100
03060106050, 03060106060 (4), 03060106070 (1), 03060106100*, 03060107040
03060101040, 03060101070, 03060101090
03060101060 (1), 03060101070 (4), 03060101090 (6), 03060101100 (1)
03060103150 (3), 03060107010 (2)
Salkehatchie
03050208090, 03050208100 (5), 03050208110
12 | Page
-------
2 Formatting and Permit Organization
Basin
Urbanized Hydrologic Unit Codes (HUCs)
03050109070, 03050109090(3)
03050109190 (1), 03050109210 (7), 03050110010, 03050110020 (4), 03050110030,
03050110050, 03050110060, 03050110070
2009
Saluda
03050109010 (1), 03050109020 (3), 03050109040 (5), 03050109050 (2), 03050109060
(1), 03050109080, 03050109100, 03050109110, 03050109120 (2), 03050109130 (4)
03050109140
03050109150(3)
Edisto
03050204020
03050203060, 03050203070, 03050203080, 03050206020
B. SWMP IMPLEMENTATION
The implementation of the permit is progressive. It means that during the first year, the general
approach to the SWMP and the first basin is implemented. This implementation continues while the
second basin is implemented during the year indicated. By the end of the permit term, the permit will
be implemented in all five basins. The milestones to be implemented are depicted in the following
table.
Fiscal Year
Urbanized Areas-MS4s
SWMP Compliance Implementation Schedule
2007
Broad
Columbia UA, Greenville UA,
Greenville County, Mauldin-
Simpsonville UA, Newberry, Richland
County, Spartanburg UA
Submitted: 6 months from the effective date
Implemented: 12 months from the effective date
Reported, corrections included: 21 months from the effective date
of the permit
2008
Savannah
Salkehatchie
Anderson-Augusta UAs, Clemson,
Greenville UA, Greenwood
Submitted: 15 months from the effective date
Implemented: 24 months from the effective date
Reported, corrections included: 33 months from the effective date
of the permit
Beaufort, Hilton Head
Same as the Savannah basin
2009
Saluda
Edisto
Anderson County, Anderson &
Columbia UAs, Columbia, Greenville
UA, Greenville County, Mauldin-
Simpsonville UA, Greenwood,
Newberry, Richland County
Submitted: 27 months from the effective date
Implemented: 36 months from the effective date
Reported, corrections included: 45 months from the effective date
of the permit
Augusta UA, Orangeburg
Same as the Saluda basin
2010
Catawba
Santee
Charlotte & Columbia UAs, Fort Mill,
Tega Cay Richland County, Rock Hill
& Sumter UAs
Submitted: 39 months from the effective date
Implemented: 48 months from the effective date
Reported, corrections included: 52 months from the effective date
of the permit
Charleston UA
Same as the Catawba basin
13 | Page
-------
3 Establishment of the Stormwater Management Program
3.1 Legal Authority
Permit requires permittee to have its chief legal counsel annually certify that it has adequate legal
authority to implement and enforce each of the key regulatory requirements from 40 CFR
122.26.d(2)(i). (Part E.2.b.2)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR 122.26(d)(2)(i);
40 CFR 122.34(b)
(including (b)(3), (b)(4),
and (b)(5))
Link to Permit
http://www. swrcb.ca.gov/board
decisions/adopted orders/wat
er aualitv/2012/wao2012 0011
dwq.pdf
Excerpt from permit:
a) The Department shall establish, maintain, and certify that it has adequate legal authority
through statute, permit, contract or other means to control discharges to and from the
Department's properties, facilities and activities.
b) The Department has provided a statement certified by its chief legal counsel that the
Department has adequate legal authority to implement and enforce each of the key regulatory
requirements contained in 40 Code of Federal Regulations sections 122.26(d)(2)(i)(A-F). The
Department shall submit annually, as part of the Annual Report, a CERTIFICATION OF THE
ADEQUACY OF LEGAL AUTHORITY.
Permit acknowledges the DOT's limited legal authority and addresses it by establishing agreements
with other agencies as part of the Enforcement Response Plan. (Part 3.3.l.a)
Effective Date
8/17/2015
State
Arizona DOT
Citation
40 CFR 122.26(d)(2)(i);
40 CFR 122.34(b)(3)(i)(B)
Link to Permit
https://www.azdot.gov/docs/de
fault-
source/planning/azs0000018-
2015 ms4 permit.pdf
Excerpt from permit:
a. Where ADOT lacks direct legal authority to prohibit illicit discharges, require compliance,
receive and collect information, inspect, respond to violations, levy monetary penalties or
impose civil/ criminal penalties, ADOT shall establish agreements with other agencies, to the
extent allowable by state law, including, but not limited to the Arizona Office of the Attorney
General and Arizona Department of Public Safety. Such interagency agreements shall, at a
minimum, contain the following:
1. Inter-agency Divisions
2. Process for referring matters to the appropriate agency for enforcement
3. Time frames for referrals, actions, response, and resolution
14 | Page
-------
3 Establishment of the Stormwater Management Program
Permit acknowledges that DOTs may need to develop policies or procedures in place of ordinances
to address permit requirements. (Section 6.2)
Effective Date
7/1/2017
Permittees
Massachusetts State
Transportation
Agencies (except for
the MassDOT
Highway Division)
Citation
40 CFR
122.26(d)(2)(iv)(A) and
(B); 40 CFR 122.34(b)
(including (b)(3), (b)(4),
and (b)(5))
Link to Permit
https://www3.epa.gov/regionl/
npdes/stormwater/ma/2016fpd
/final-2016-ma-sms4-gp.pdf
Excerpt from permit:
6.2 Ordinances and regulatory mechanisms
The transportation agency may not have authority to enact an ordinance, by-law or other regulatory
mechanisms. The agency shall ensure that written agency policies or procedures are in place to address
the requirements of part 2.3.4.5 [System mapping], part 2.3.4.6 [Written Illicit Discharge Detection and
Elimination Program] and part 2.3.6.a [Post-construction stormwater runoff for new development and
redevelopment].
Permit Considerations
Some DOTs may have different legal authorities than traditional MS4 permittees. DOT-specific MS4
permits may acknowledge this in different ways. For example, the Tennessee DOT, uses the following
language to introduce the list of areas where the permittee shall have the authority to control
discharges: "To the extent allowed by law, each permittee shall ensure legal authority to control
discharges to and from those portions of the MS4 over which it has jurisdiction. This legal authority
may be a combination of statute, ordinance, permit, contract, order or inter-jurisdictional agreements
between permittees with adequate existing legal authority..." (Part 2.5).
3.2 Contractual Requirements
Permit requires permittee to have contracts with private contractors that require compliance with
the MS4 permit and consistency with the Stormwater Pollution Prevention Plan (SPPP). (Part
l.E.2.b.)
Effective Date
3/1/2009
Permittee
New Jersey
Highway Agencies
Citation
40 CFR 122.26(d)(2)(i);
40 CFR 122.34(b)
(including (b)(3), (b)(4),
and (b)(5))
Link to Permit
http://www.ni.gov/dep/dwq/pdf/
existing highway permit final 2
27 09.pdf
15 | Page
-------
3 Establishment of the Stormwater Management Program
Excerpt from permit:
For any projects or activities which the Highway Agency contracts out to private contractors after the
EDPA [effective date of permit authorization], the awarded contract must require the contractor to
conduct projects or activities in a manner that complies with the Highway Agency's SPPP and this
permit's conditions. The Highway Agency is responsible for any violations of this permit resulting from a
contractor's noncompliance.
Spotlight: Additional Permit Requirements
The South Carolina DOT permit also requires the DOT to "develop a standard environmental section for
all contracts" related to legal authority during the first year of the permit, and it "require[s] utility
contractors to obtain encroachment permits and become co-permittees or work through a utility
agreement to address NPDES requirements." (NPDES Permit No. SCS040001, Part III.B)
Permit describes the specific types of legal authority the DOT must have to implement its
stormwater program. (Part 2.5)
Effective Date
1/3/2012
Permittee
Georgia DOT
Citation
40CFR 122.26(d)(2)(i);
40 CFR 122.34(b)(4)(i)(A)
Link to Permit
https://epd.ge0rgia.g0v/sites/e
pd.georgia.gov/files/related file
s/site page/Final DOT SW NP
DES Permit MS4 Dec 2011.pdf
Excerpt from permit:
4.2.4 Construction Site Storm Water Runoff Control
The permittee must develop, implement and enforce a program to reduce pollutants in any stormwater
runoff to the MS4 from the permittee's construction activities that result in a land disturbance of
greater than or equal to one acre. Storm water discharges from the permittee's construction activity
disturbing less than one acre must be included in the permittee's program if that construction activity is
part of a larger common plan of development or sale that would disturb one acre or more. At a
minimum, the Construction Site Storm Water Runoff Control Program must contain the elements and
schedules shown in Table 4.2.4 and include the development and implementation of the following:
4.2.4.1 A contractual obligation mechanism to require erosion and sediment controls consistent with the
Manual for Erosion and Sediment Control in Georgia and the Construction General Permits, as well as
penalties to ensure compliance, to the extent allowable, under State or local law;...
16 | Page
-------
3 Establishment of the Stormwater Management Program
Table 4.2.4 Construction Site Storm Water Runoff Control - Best Management Practices
BMPs
Measurable Goals
Year 1
Year 2
Year 3
Year 4
Year 5
1. Develop and implement a contractual
obligation mechanism to require erosion
and sedimentation controls consistent
with the Manual for Erosion and Sediment
Control in Georgia and the Construction
General Permits, as well as penalties to
ensure compliance, to the extent
allowable under State or local law.
l.a. Submit a
proposed
contractual
obligation
mechanism to
EPD for review
with the second
annual report.
X
3.3 Enforcement
Permit Considerations
State DOTs have different strategies than municipalities for ensuring compliance with stormwater
requirements. For example, they may use encroachment permits or utilize the state highway patrol or
police to deal with major stormwater issues on roadways. Due to the linear nature of a road system,
many DOTs find it important to have a well-defined notification protocol for scenarios in which they
find illicit discharges that originate within another regulated MS4, as well as a process for notifying
state permitting agencies.
Permit specifies the DOT's responsibility related to contractual requirements and removal of
temporary sediment control BMPs. (Part III.H)
Effective Date
7/7/2010
Permittee
Nevada DOT
Citation
40CFR 122.26(d)(2)(i);
40 CFR
122.34(b)(4)(i)(A)
Link to Permit
https://ndep.nv.gov/uploads/docu
ments/ndotms4perm.pdf
Excerpt from permit:
NDOT shall, at a minimum, require its contractors to comply with NDEP's General Permit
NVR100000 for Construction Activities for regulated construction projects, including the
contractor's requirement to file a Notice of Intent ("NOI") and obtain authorization under
NDEP's General Permit NVR100000 for Construction Activities for each construction project or
site that disturbs more than one (1) acre, or less than one (1) acre if it is part of a larger
project. The contractor shall also file a Notice of Termination ("NOT") for each construction
project or site, either terminating their responsibility if final stabilization has been achieved,
or transferring it to NDOT for completion.
17 | Page
-------
3 Establishment of the Stormwater Management Program
NDOT shall ensure that the contractor's NOI references the construction site as an NDOT
project and shall keep a copy of the NDEP authorization certificate in the SWPPP. NDOT shall
ensure that all applicable provisions of NDEP's General Permit NVR100000 for Construction
Activities and this permit are implemented for NDOT projects and shall implement a system to
enforce these provisions. NDOT is responsible for inspection oversight.
When contractors complete their work at a site and interim stabilization is in place, they may
file a NOT to terminate their responsibility for site activities. In this instance, NDOT shall
assume responsibility for the site until final stabilization has been achieved for the entire
project. NDOT is responsible for removing all temporary sediment control BMPs that may
impede stormwater flow as soon as practicable after final stabilization.
NDOT shall include a list of all construction projects in the Annual Report, including the name
of the project and its associated NDEP construction stormwater permit number(s) (e.g. CSW-
xxxx), that have achieved final stabilization and that NDOT considers to be complete.
NDOT shall provide in the Annual Report, a list and description of all violations and their
resolution, including any enforcement actions taken against its contractors.
Permit specifies the process that the DOT must use to notify the state environmental agency. (Part
D.l.d.(6))
Effective Date
10/28/2013
Permittee
Hawaii DOT
Citation
40CFR 122.26(d)(2)(i);
40CFR 122.34(b)(4)(i)(A)
Link to Permit
http://www.stormwaterhawaii.co
m/swmp wp/wp-
content/uploads/2014/10/A.l DO
T-HWYS-NPDES-Permit-No.-HI-
S000001.pdf
Excerpt from permit:
Process to refer noncompliance and non-filers to DOH - In the event the Permittee has exhausted its
use of sanctions and cannot bring a construction site or construction operator into compliance with its
policies, standards, or this permit, or otherwise deems the site to pose an immediate and significant
threat to water quality, the Permittee shall provide e-mail notification to
cleanwaterbranch(a)doh.hawaii.gov. Attn: Enforcement Section Supervisor within one (1) week of such
determination. E-mail notification shall be followed by written notification in accordance with Part A.6.
and include a copy of all inspection checklists, notes, and related correspondence in pdf format (300
minimum dpi) within two (2) weeks of the determination. In instances where an inspector identifies a
site that has not applied for permit coverage under the NPDES permit program, the Permittee shall
provide written notification in accordance with Part A.6. to DOH within two (2) weeks of the discovery.
18 | Page
-------
3 Establishment of the Stormwater Management Program
3.4 Requirement to Ensure Adequate Resources
Permit Considerations
The Phase I regulations include a requirement to perform a "fiscal analysis of the necessary capital and
operation and maintenance expenditures necessary to accomplish the activities of the programs..." (see
40 CFR 122.26(d)(2)(vi)).
Excerpt from permit:
3) Fiscal Resources
a) The Department shall seek to maintain adequate fiscal resources to comply with this NPDES
Permit. This includes but is not limited to:
i) Implementing and maintaining all BMPs;
ii) Implementing an effective storm water monitoring program; and
iii) Retaining qualified personnel to manage the storm water program.
b) The Department shall submit a FISCAL ANALYSIS of the storm water program annually. At a
minimum, the fiscal analysis shall show:
i) The allocation of funds to the Districts for compliance with this Order;
ii) The funding for each program element;
iii) A comparison of actual past year expenditures with the current year's expenditures and next
year's proposed expenditures;
iv) How the funding has met the goals specified in the SWMP and District workplans; and
v) Description of any cost sharing agreements with other responsible parties in implementing
the storm water management program.
c) The fourth year report shall contain a BUDGET ANALYSIS for the next permit cycle.
Permit requires permittee to maintain adequate resources and submit an annual fiscal analysis.
(Part E.2.b.3)
Effective Date Permittee
7/1/2013 California DOT
Citation
40 CFR 122.26(d)(2)(vi);
40 CFR 122.34(c)(2)
http://www.swrcb.ca.gov/board
decisions/adopted orders/water
quality/2012/wqo2012 0011 dw
q-pdf
Link to Permit
19 | Page
-------
3 Establishment of the Stormwater Management Program
3.5 Total Maximum Daily Load (TMDL) Requirements
Permit includes an appendix that identifies specific impaired waterbodies, the pollutant(s) of
concern, and the associated wasteload allocations. (Part II.B.2)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR
122.26(d)(l)(iv)(C)(l);
40 CFR 122.34(c)(1)
Link to Permit
http://www.dnrec.delaware.gov/
wr/lnformation/SWDInfo/Docume
nts/NCC%20DelDOT%20Phase%20
l%20MS4%20Permit.pdf
Excerpt from permit:
A number of TMDLs have been approved or established by the U.S. Environmental Protection Agency for
waters located in New Castle County to which the permittees' MS4 discharges. These TMDLs listed in
Appendix A assign specific numeric Waste Load Allocations (WLAs) to watersheds located within the
MS4 permit area. The WLAs represent all pollutant sources including urban stormwater, industrial
stormwater, agriculture, and septic.
In order to assist DNREC to further break down WLAs for urban stormwater, by year four (4) of the
permit term, the permittees shall submit a GIS layer for all urbanized/impervious areas within the
coverage area of this permit, which shall be accomplished by ground truthing currently available land
use/land cover data and impervious surface data (urban stormwater, impervious surfaces, and industrial
stormwater).
Example from Appendix A of the Permit:
Table A.l WLAs Assigned to the New Castle County/DelDOT MS4
Waterbody
Pollutant
MS4 Wasteload Allocation Specified in Approved
TMDL
Annual Baseline
Load
Annual TMDL
Load
Load
Reduction
Appoquinimink River dissolved
Oxygen and Nutrients (updated
Dec 2003)
Bacteria (Dec 2006)
Total N
131,326 Ib/yr
70,251 Ib/yr
60%
Total P
23,300 Ib/yr
8,860 Ib/yr
60%
Bacteria
7.52E+12 CFU/yr
6.32+12 CFU/yr
15% (1)
7.03E+10 CFU/yr
6.06+10 CFU/yr
73% (2)
Army Creek
TMDL Analysis for the
Watersheds of Army Creek, Red
Lion Creek, and Dragon Run
Creek, Delaware (August 2006)
Total N
14,782.5 Ib/yr
8,833 Ib/yr
40%
Total P
1241 Ib/yr
730 Ib/yr
40%
Bacteria
1.1E+13 CFU/yr
5.037E+12 CFU/yr
39%
20 | Page
-------
3 Establishment of the Stormwater Management Program
Permit includes specific requirements to show consistency with TMDLs. (E.2.a.ii)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(l)(iv)(C)(l);
40 CFR 122.34(c)(1)
Link to Permit
http://www.swrcb.ca.gov/board
decisions/adopted orders/water
qualitv/2012/wqo2012 0011 dw
q.pdf
Excerpt from permit:
ii) Total Maximum Daily Load Watersheds
The Department shall comply with the TMDL monitoring requirements as expressed in approved TMDL,
in the TMDL-specific permit requirements of Attachment IV, or in orders of the Regional Water Boards
pursuant to Water Code section 13383 that require TMDL-related monitoring. TMDL monitoring shall
also include the constituents listed in Attachment II. If there is a conflict between this order and the
requirements of the TMDL, the TMDL requirements will apply, except that the constituents listed in
Attachment II shall be monitored even if not required by the TMDL.
Determinations of compliance with the TMDL shall be made by the Executive Officer of the Regional
Water Board or his designee. When a determination is made that a site or discharge is in compliance
with the TMDL, the site will no longer be considered an active monitoring site pursuant to provision
E.2.C.1) and monitoring of Attachment II constituents will be discontinued. This provision applies
regardless of any continued monitoring that may be required at the site pursuant to the TMDL.
R6 - Lahontan Regional Water Board
Lake Tahoe Sediment and Nutrients TMDL
Effective Date: August 16, 2011
BPA: WQ Amendment May 2008
Resolution: 2009-0028
Lake Tahoe Sediment Requirements
A. Pollutant Load Reduction Requirements
The Department must reduce fine sediment particle (FSP), total phosphorus (TP), and total
nitrogen (TN) loads by 10%, 7%, and 8%, respectively, by September 30, 2016.
Pollutant load reductions shall be measured in accordance with the processes outlined in the
most recent version of Lake Clarity Crediting Program Handbook. To demonstrate compliance
with the average annual fine sediment particle pollutant load reduction requirements, the
Department must earn and maintain 298 Lake Clarity Credits for the water year October 1, 2015
to September 30, 2016, and for subsequent water years.
B. Pollutant Load Reduction Plans
The Department shall prepare a Pollutant Load Reduction Plan (PLRP) describing how it expects to
meet the pollutant load reduction requirements described in Section A above. The Department
shall submit a plan no later than July 15, 2014 that shall include, at a minimum, the following
elements:
21 | Page
-------
3 Establishment of the Stormwater Management Program
R6 - Lahontan Regional Water Board
1. Catchment registration schedule
The PLRP shall include a list of catchments that the Department plans to register pursuant to
the approved Lake Clarity Crediting Program to meet load reduction requirements. The list
shall include catchments where capital improvement projects have been constructed since
May 1, 2004 that the Department expects to claim credit for, and catchments where projects
will be constructed and other load reduction activities (capital improvements, institutional
controls, and other measures/practices implement) taken during the term of this Order.
2. Proposed pollutant control measures
The PLRP shall generally describe storm water program activities to reduce fine sediment
particle, total phosphorus, and total nitrogen loading that the Department will implement in
identified catchments.
3. Pollutant load reduction estimates
The Department shall conduct pollutant load reduction analyses on a representative
catchment subset to demonstrate that proposed implementation actions are expected to
achieve the pollutant load reduction requirements specified in Section A. above. For
representative catchments, the analysis shall include detailed estimates of both baseline
pollutant loading and expected pollutant loading resulting from implementation actions and
provide justification why the conducted load reduction analysis is adequate for extrapolation
to other catchments.
The pollutant loading estimates shall differentiate between estimates of pollutant load
reductions achieved since May 1, 2004 and pollutant load reductions from actions not yet
taken.
4. Load reduction schedule
The PLRP shall describe a schedule for achieving the pollutant load reduction requirements
described in the Lake Tahoe Sediment TMDL Section A above. The schedule shall include an
estimate of expected pollutant load reductions for each year of this Permit term based on
preliminary numeric modeling results. The schedule shall also describe which catchments the
Department anticipates it will register for each year of this Permit term.
5. Annual adaptive management
The PLRP shall include a description of the processes and procedures to annually assess storm
water management activities and associated load reduction progress. The plan shall describe
how the Department will use information from the monitoring and implementation or other
efforts to improve operational effectiveness and for achieving the pollutant load reduction
requirements specified in Section A.
6. Pollutant Load Reduction Plan Update
By March 15, 2017, the Department shall update its Pollutant Load Reduction Plan to describe
how it will achieve the pollutant load reduction requirements for the second five-year TMDL
implementation period, defined as the ten-year load reduction milestone in the Lake Tahoe
TMDL.
Specifically, the updated Pollutant Load Reduction Plan shall demonstrate how the
Department will reduce baseline fine sediment particle, total nitrogen, and total phosphorus
loads by 21 percent, 14 percent, and 14 percent, respectively, by water year 2021.
22 | Page
-------
3 Establishment of the Stormwater Management Program
R6 - Lahontan Regional Water Board
C. Pollutant Load Reduction Progress
To demonstrate pollutant load reduction progress, the Department shall submit a Progress Report
by July 15, 2014 documenting pollutant load reductions accomplished between May 1, 2004
(baseline year) and October 15, 2011.
D. Pollutant Load Reduction Monitoring and Water Quality Monitoring Requirements
The Department shall prepare and submit a Storm water Monitoring Plan for review and approval
by the Regional Water Board by July 15, 2013 and implement the approved plan.
Permit requires specific prioritization and implementation activities to be consistent with 84
different TMDLs. (Amendment Attachment IV)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(l)(iv)(C)(l);
40 CFR 122.34(c)(1)
Link to Permit
https://www.waterboards.ca.go
v/board decisions/adopted ord
ers/water aualitv/2014/wao20
14 0077 dwa.pdf
Excerpt from permit:
Attachment IV prescribes the implementation requirements for the Total Maximum Daily Loads (TMDLs)
in which the Department of Transportation (Department) has been identified as a responsible party. The
TMDLs in this attachment have been (1) adopted by the Regional Water Quality Control Boards
(Regional Water Boards) and approved by the State Water Resources Control Board (State Water Board)
and the Office of Administrative Law or the United States Environmental Protection Agency (USEPA), or
(2) established by USEPA.
Section I of this attachment provides directions and general guidance on development of a prioritized
list of reaches for implementation actions. Section II identifies the applicable TMDLs and
implementation requirements. Section II also contains TMDL-specific permit requirements for the Lake
Tahoe Sediment/Nutrients TMDL, Napa River Sediment TMDL, Sonoma Creek Sediment TMDL, and the
Lake Elsinore and Canyon Lake Nutrients TMDL. Section III prescribes the general implementation
requirements applicable to all TMDLs, and the specific requirements applicable to each pollutant
category.
[EPA Note regarding Permit Excerpt: Attachment IV includes detailed control requirements for each
TMDL; below is one example.]
23 | Page
-------
3 Establishment of the Stormwater Management Program
Attachment IV
TMDL Requirements
Lake Tahoe Sediment and Nutrients
Effective Date: August 16, 2011
BPA: WQ Amendment May 2008
Resolution: 2009-0028
Lake Tahoe Sediment Requirements
A. Pollutant Load Reduction Requirements
The Department must reduce fine sediment particle (FSP), total phosphorus (TP), and total nitrogen
(TN) loads by 10%, 7%, and 8%, respectively, by September 30, 2016.
Pollutant load reductions shall be measured in accordance with the processes outlined in the most
recent version of Lake Clarity Crediting Program Handbook. To demonstrate compliance with the
average annual fine sediment particle pollutant load reduction requirements, the Department must
earn and maintain 361 Lake Clarity Credits for the water year October 1, 2015 to September 30,
2016, and for subsequent water years.
B. Pollutant Load Reduction Plans
The Department shall prepare a Pollutant Load Reduction Plan (PLRP) describing how it expects to
meet the pollutant load reduction requirements described in Section A above. The Department shall
submit a plan no later than September 15, 2013 that shall include, at a minimum, the following
elements:
1. Catchment registration schedule
The PLRP shall include a list of catchments that the Department plans to register pursuant to the
approved Lake Clarity Crediting Program to meet load reduction requirements. The list shall include
catchments where capital improvement projects have been constructed since May 1, 2004 that the
Department expects to claim credit for, and catchments where projects will be constructed and
other load reduction activities (capital improvements, institutional controls, and other
measures/practices implement) taken during the term of this Order.
2. Proposed pollutant control measures
The PLRP shall generally describe storm water program activities to reduce fine sediment particle,
total phosphorus, and total nitrogen loading that the Department will implement in identified
catchments.
3. Pollutant load reduction estimates
The Department shall conduct pollutant load reduction analyses on a representative catchment
subset to demonstrate that proposed implementation actions are expected to achieve the pollutant
load reduction requirements specified in Section A above. For representative catchments, the
analysis shall include detailed estimates of both baseline pollutant loading and expected pollutant
loading resulting from implementation actions and provide justification why the conducted load
reduction analysis is adequate for extrapolation to other catchments.
The pollutant loading estimates shall differentiate between estimates of pollutant load reductions
achieved since May 1, 2004 and pollutant load reductions from actions not yet taken.
4. Load reduction schedule
The PLRP shall describe a schedule for achieving the pollutant load reduction requirements
described in Section A above. The schedule shall include an estimate of expected pollutant load
reductions for each year of this Permit term based on preliminary numeric modeling results. The
24 | Page
-------
3 Establishment of the Stormwater Management Program
Attachment IV
TMDL Requirements
schedule shall also describe which catchments the Department anticipates it will register for each
year of this Permit term.
5. Annual adaptive management
The PLRP shall include a description of the processes and procedures to annually assess storm water
management activities and associated load reduction progress. The plan shall describe how the
Department will use information from the monitoring and implementation or other efforts to
improve operational effectiveness and for achieving the pollutant load reduction requirements
specified in Section A.
6. Pollutant Load Reduction Plan Update
By March 15, 2017, the Department shall update its Pollutant Load Reduction Plan to describe how
it will achieve the pollutant load reduction requirements for the second five-year TMDL
implementation period, defined as the ten-year load reduction milestone in the Lake Tahoe TMDL.
Specifically, the update Pollutant Load Reduction Plan shall demonstrate how the Department will
reduce baseline fine sediment particle, total nitrogen, and total phosphorus loads by 21 percent, 14
percent, and 14 percent, respectively, by water year 2021.
C. Pollutant Load Reduction Progress
To demonstrate pollutant load reduction progress, the Department shall submit a Progress Report
by March 15, 2014 documenting pollutant load reductions accomplished between May 1, 2004
(baseline year) and October 15, 2011.
D. Pollutant Load Reduction Monitoring and Water Quality Monitoring Requirements
Caltrans shall prepare and submit a Stormwater Monitoring Plan for review and approval by the
Regional Board by July 15, 2013 and implement the approved plan.
Spotlight: Additional Resources
For other TMDL implementation examples, view the Post-Construction Performance Standards &
Water Quality-Based Requirements: A Compendium of Permitting Approaches (EPA 833-R-14-003).
25 | Page
-------
3 Establishment of the Stormwater Management Program
3.6 Shared Responsibilities
Permit allows permittee to share responsibilities but requires commitments in writing. (Part I.D.I)
Effective Date
3/1/2009
Permittees
New Jersey Highway
Agencies
Citation
40 CFR
122.26(d)(2)(i)(D) and
(vii); 40 CFR 122.35(a)
Link to Permit
http://www. ni.gov/deo/dwa/Dd
f/existing highway permit final
2 27 09.pdf
Excerpt from permit:
A Highway Agency may rely on another governmental, private, or nonprofit entity (for example, a
watershed association) to satisfy the Highway Agency's NJPDES permit obligations to implement one or
more control measures (or components(s) thereof) pursuant to N.J.A.C. 7:14A-25.7(a) if:
I. The other entity, in fact, implements the measure(s), or component(s) thereof;
II. The particular measure(s), or component(s) thereof, is at least as stringent as the corresponding
NJPDES permit requirement;
III. The other entity agrees in writing (or is required by law) to implement the measure(s), or
component(s) thereof, on the Highway Agency's behalf. The Highway Agency is responsible for
compliance with this permit if the other entity fails to implement the measure(s), or
component(s) thereof. In the annual reports the Highway Agency must submit under Part I,
Section H.3, the Highway Agency shall specify that it is relying on another entity to satisfy some
of the Highway Agency's NJPDES permit obligations.
IV. If the Highway Agency is relying on another entity regulated under the NJPDES permit
program to satisfy all of that Highway Agency's NJPDES permit obligations, including that
Highway Agency's obligation to file these annual reports, the Highway Agency shall notify the
Department of this reliance in writing, and shall also note this reliance in the Highway
Agency's SPPP.
Permit requires formal interjurisdictional agreements among permittees that choose to share
SWMP implementation responsibilities. (Part I.C.3)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR
122.26(d)(2)(i)(D) and
(vii); 40 CFR 122.35(a)
Link to Permit
http://www. dnrec.delaware.gov
/wr/lnformation/SWDInfo/Docu
ments/NCC%20DelDOT%20Phas
e%20l%20MS4%20Permit.pdf
Excerpt from permit:
Tasks specifying the implementation of the SWPP&MP elements set forth herein shall be described,
identifying parties responsible, within an Interjurisdictional Agreement. No later than six (6) months
following the effective date of this permit, the principal permittees shall coordinate with all co-
26 | Page
-------
3 Establishment of the Stormwater Management Program
permittees to develop an inter-jurisdictional agreement that defines relative responsibilities for each of
the activities required herein, with a final agreement due within 15 months of the effective date of this
permit included within the SWPP&MP. The interjurisdictional agreement shall address, at a minimum,
the following elements:
roles and responsibilities for each permittee, by SWPP&MP element
monitoring responsibilities
reporting responsibilities
financial arrangements between permittees (if any), and
communication/coordination between permittees
Permit Considerations
The Phase II regulations at 40 CFR 122.35(a) specify that "[t]he permittee may rely on another entity to
satisfy its NPDES permit obligations to implement a minimum control measure .... EPA encourages the
permittee to enter into a legally binding agreement with that entity if the permittee wants to minimize
any uncertainty about compliance with the permit."
3.7 Public Education and Public Involvement
Permit includes specific target audiences to consider among the traveling public. (Part II.B.lO.a)
Effective Date
Permittee
Citation
Link to Permit
11/1/2006
South Carolina DOT
40 CFR
http://www.scdot.org/business/
122.26(d)(2)(iv)(A)(6),
pdf/stormwater/MS4 permit si
(B)(5) and (6), and
gned copv.pdf
(D)(4); 40 CFR
122.34(b)(1), (2)
Excerpt from permit:
10. Public Education; A public education program shall be developed and implemented
a. The permittee shall develop this program to address specific users of the traveling public such as:
Truckers
Garbage haulers
Septic haulers
Recreation vehicles
AAA Carolinas
Pet owners
Others as defined with a high potential impact
c. The Public Education program will be outlined and developed in the first year and fully
implemented in years two (2) through five (5)
27 | Page
-------
3 Establishment of the Stormwater Management Program
Permit requires a public education survey to evaluate the education and outreach program's
effectiveness. (Part II.A.l)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(6),
(B)(5) and (6), and
(D)(4); 40 CFR
122.34(b)(1),(2)
Link to Permit
http://www.dnrec.delaware.gov
/wr/lnformation/SWDInfo/Docu
ments/NCC%20DelDOT%20Phas
e%20l%20MS4%20Permit.pdf
Excerpt from permit:
c. A statistically-valid public education survey to evaluate the effectiveness of the education and
outreach program in increasing public awareness and changing behaviors about storm water pollution.
The permittees shall coordinate on conducting this public survey. A baseline survey (Public Education
Survey #1) shall be conducted beginning within 18 months of the effective date of this permit with the
results submitted to the Department 6 months after the survey starts. A second survey (Public Education
Survey #2) will be conducted beginning within approximately 3.5 years of the effective date of this
permit (2 years after Public Education Survey #1). Survey results shall be submitted to the Department 6
months after the survey begins. The two surveys shall be consistent so results are comparable. If upon
comparison of the two surveys, no measurable difference in public awareness and behavior is evident,
the permittees shall reevaluate their public education and outreach program in order to determine
more effective methods of conveying their message.
Permit specifically identifies who the "public" is for a DOT. (Section 6.1)
Effective Date
7/1/2017
Permittee
Massachusetts State
Transportation
Agencies (except for
the MassDOT
Highway Division)
Citation
40 CFR 122.34(b)(1),(2)
and 40 CFR
122.26(d)(2)(iv)(A)(6),
(B)(5) and (6), and (D)(4)
Link to Permit
https://www3.epa.gov/regionl/
npdes/stormwater/ma/2016fpd
/final-2016-ma-sms4-gp.pdf
Excerpt from permit:
6.1 Public education
For the purpose of this permit, the audiences for a transportation agency education program include the
general public (users of the roadways), employees, and any contractors working at the location. The
permittee may use some of the educational topics included in part 2.3.2.d. as appropriate, or may focus
on topics specific to the agency. The permittee shall document the educational topics for each target
audience.
28 | Page
-------
3 Establishment of the Stormwater Management Program
Permit Considerations
Some DOTs find that working with metropolitan planning organizations and others to incorporate
stormwater in master planning is a good way to comprehensively address the challenges of
establishing an SWMP. Also, linking stormwater within an existing program (e.g., Complete Streets
programs) can be a cost-effective way to get multiple benefits for both transportation and water
quality objectives.
EPA's website includes information on voluntary long-term stormwater planning. Using long-term
planning approaches, communities can prioritize actions related to stormwater management as part of
capital improvement plans, integrated plans, master plans, or other planning efforts. Further details are
available at www.epa.aov/npdes/stormwater-plannina.
29 | Page
-------
4 Facilities
4.1 Non-Industrial Facility Inventory and Management
Permit Considerations
DOTs often have facilities other than roads that are covered by the MS4 permit (e.g., parking lots, rest
areas, maintenance yards). Stormwater management considerations at these facilities may be different
than those for linear roadways. South Carolina DOT's permit, for example, requires that the permittee
develop, implement, and maintain a stormwater runoff management plan specifically for interstate rest
areas (Part II.B.3).
Permit requires an inventory of maintenance yard facilities and specific, potential pollution sources.
(Attachment D)
Effective Date
3/1/2009
Permittee
New Jersey Highway
Agencies
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
http://www.ni.gov/dep/dwq/pd
f/existing highway permit final
2 27 09.pdf
Excerpt from permit:
1. Highway Agencies shall include for maintenance yard operations an inventory that includes the
following:
i. List to be made part of the SPPP of general categories of all materials or machinery located
at the maintenance yard, which could be a source of pollutants in a stormwater discharge.
The materials in question include, but are not limited to: raw materials; intermediate
products; final products; waste materials; by-products; machinery and fuels; and lubricants,
solvents, and detergents that are related to the maintenance yard operations or ancillary
operations. Materials or machinery that are not exposed to stormwater or that are not
located at the maintenance yard or related to its operations do not need to be included.
Permit requires an annual inventory update for specifically identified facilities that could contribute
polluted discharges. (Part II.A.S.a)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
http://www.dnrec.delaware.gov
/wr/lnformation/SWDInfo/Docu
ments/NCC%20DelDOT%20Phas
e%20l%20MS4%20Permit.pdf
Excerpt from permit:
A plan to include the current inventory with provisions to update the inventory annually for all facilities
owned or operated by any of the permittees located in the MS4 service area that either maintain
30 | Page
-------
4 Facilities
coverage under the NPDES industrial stormwater general permit program or that have the potential to
contribute polluted discharges as a result of stormwater. These facilities can include, but are not limited
to, maintenance yards, municipally-owned parking lots, Del-DOT-operated parking lots, or municipally-
owned parks. This list is to be submitted in the Annual Report package. All facilities on the list must be
inspected annually.
Permit requires an inventory of vehicle wash facilities. (Part 2.1.6.1)
Effective Date
10/1/2006
Permittee
Tennessee DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
https://www.tn.gov/content/da
m/tn/tdot/documents/NPDESSt
atewideMS4Permit.pdf
Excerpt from permit:
TDOT will inventory its facilities to document vehicle-washing practices. A policy will be developed that
requires all TDOT vehicles and equipment to be either washed off-site at a commercial facility, or on a
covered, dedicated wash pad that collects all wastewater and transfers it to a sanitary sewer system or a
wastewater collection system. TDOT will implement this policy to assure that no wastewater from the
washing of vehicles and equipment at TDOT facilities enters storm water runoff or storm water runoff
control systems. TDOT will inspect all buildings where equipment maintenance is performed and take
necessary actions to assure that floor drains are sealed or connected to a sanitary sewer system.
Permit describes DOT facilities management BMPs. (Part III.L)
Effective Date
7/7/2010
Permittee
Nevada DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
https://ndep.nv.gov/uploads/do
cuments/ndotms4perm.pdf
Excerpt from permit:
III.L.2. NDOT shall implement the following BMPs at its maintenance facilities:
a. NDOT shall prevent litter, debris, and chemicals that could be exposed to stormwater from
becoming a pollutant source in stormwater discharges; and
b. NDOT shall implement good housekeeping and material management BMPs for operating and
maintaining all NDOT maintenance facilities and each of the following maintenance facility
areas:
c. NDOT shall describe and implement BMPs that prevent or minimize contamination of
stormwater runoff from all areas used for vehicle or equipment storage. NDOT shall implement
the following BMPs, or alternatives that will provide equivalent protection:
i. Confine the storage of leaky or leak-prone vehicles and equipment awaiting
maintenance to designated areas;
ii. Use drip pans under vehicles and equipment;
31 | Page
-------
4 Facilities
iii. Store vehicles and equipment indoors whenever practicable;
iv. Install berms or dikes around the areas;
v. Use absorbents to clean spilled materials;
vi. Roof or cover storage areas whenever practicable; and
vii. Clean pavement surfaces to remove oil and grease. Use dry cleanup methods, or, if
water is used, capture and properly dispose of the cleaning water.
Permit requires facility inspections to ensure indoor drains are sealed or go to a sanitary sewer.
(Section 2.1.6.2)
Effective Date
10/1/2006
State
Tennessee DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
https://www.tn.gov/content/da
m/tn/tdot/documents/NPDESSt
atewideMS4Permit.pdf
Excerpt from permit:
TDOT will inspect all buildings where equipment maintenance is performed and take necessary actions
to assure that floor drains are sealed or connected to a sanitary sewer system.
Management Measure
Measurable Goal
Scheduled Completion From
effective date of permit
Facility Floor Drains
Insure that all are closed or tied
to sanitary sewer
90 Days
Permit requires phasing of inspection and inventory of permittee facilities. (Section 2.1.6.3)
Effective Date
10/1/2006
Permittee
Tennessee DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
https://www.tn.gov/content/da
m/tn/tdot/documents/NPDESSt
atewideMS4Permit.pdf
Excerpt from permit:
TDOT will inspect and inventory all TDOT owned and operated (O/O) facilities to determine whether
activities and materials at these facilities may be contributing pollutants to storm water runoff. Facility
activities that could contribute to polluting storm water include, but are not limited to: welcome
centers, rest areas, weighing stations, material handling/storage areas (i.e. salt storage), vehicle
maintenance, vehicle storage and waste generation areas.
32 | Page
-------
4 Facilities
Management Measure Measurable Goal
Scheduled Completion from
effective date of permit
Vehicle and Equipment
Insure all washing is off-site or on
90 Days
Washing
dedicated pad draining to sewer
Facility Floor Drains
Insure that all are closed or tied to
sanitary sewer
90 Days
Inspect, and inventory TDOT facilities:
Region HQ Facilities (4)
90 Days
District HQ Facilities (18)
90 Days
25% of TDOT County Garages (20 of
Higher Priority)
180 Days
75 % of TDOT County Garages (60 of
Lower Priority)
12 Months
Airport Hanger (1)
180 Days
Facility Inventory and
Notification
Truck Weigh Stations (9)
180 Days
Welcome Centers (13)
180 Days
Rest Areas (20)
180 Days
Floating Maintenance Facilities
180 Days
Floating Salt Storage Facilities (22)
180 Days
Floating HELP Truck Facilities (1)
180 Days
Other Existing TDOT Facilities
12 Months
At least 5 days prior to
New TDOT Facilities
commencement of activities at
the site
Permit Considerations
Unlike city municipalities, DOTs may lack the mechanism to incorporate pollution prevention and good
housekeeping requirements into ordinances. The Tennessee DOT's permit requires it to develop
standard operating procedures (SOPs) for spill prevention and response. The permit also requires that
the SOPs, resources, and training programs be incorporated in each facility's SWPPP (Part 2.1.6.6).
33 | Page
-------
4 Facilities
4.2 Facility Contractor Education
Permit requires certified chemical applicator training. (Part D.l.f.(2))
Effective Date
10/28/2013
Permittee
Hawaii DOT
Citation
40 CFR 122.26(d)(iv);
40 CFR 122.34(b)(6)(i)
Link to Permit
http://www.stormwaterhawaii.co
m/swmp wp/wp-
content/uploads/2014/10/A.l DO
T-HWYS-NPDES-Permit-No.-HI-
S000001.pdf
Excerpt from permit:
The Permittee shall ensure that their employees or contractors or employees of contractors applying
registered pesticides, herbicides, and fertilizers shall work under the direction of a certified applicator,
follow the pesticide label, and comply with any other State, City or government regulations for
pesticides, herbicides, and fertilizers. All Permittee employees or contractors applying pesticides,
herbicides or fertilizers shall receive training on the BMPs annually.
Permit requires DOT to train contractors involved with maintenance. (Part II.E.l.b.a)
Effective Date
10/1/2015
Permittee
North Carolina
DOT
Citation
40 CFR 122.26(d)(iv);
40 CFR 122.34(b)(6)(i)
Link to Permit
https://connect.ncdot.gov/resourc
es/hvdro/HSPPermits/2015 NPDES
Stormwater Permit.pdf
Excerpt from permit:
NCDOT shall provide annual stormwater pollution awareness training for appropriate NCDOT personnel
and contractors involved in construction and maintenance activities. NCDOT may require contractors to
have equivalent training in lieu of NCDOT-provided training. Training shall include general stormwater
awareness, NPDES stormwater permit NCG010000 implementation, identification of stormwater
pollution potential, appropriate spill response actions and contacts for reporting spills and illicit
discharges/illegal dumping).
34 | Page
-------
4 Facilities
Permit requires a contractor stormwater management training course and specifies required course
content. (Part 2.1.1.2)
Effective Date
10/1/2006
State
Tennessee DOT
Citation
40 CFR 122.26(d)(iv);
40 CFR 122.34(b)(6)(i)
Link to Permit
https://www.tn.gov/content/dam
/tn/tdot/documents/NPDESState
wideMS4Permit.pdf
Excerpt from permit:
Management measures to educate contractors. TDOT shall develop, implement and maintain an
education and training program for contractors conducting construction, repairs, or maintenance of
TDOT highways, right-of-ways and other facilities.
Management Measure
Measurable Goal
Yr
1
Yr
2
Yr
3
Yr
4
Yr
5
Develop a contractor storm
water management training
course tailored to fit TDOT
construction contractors.
Develop and implement a
requirement for appropriate
contractors to attend this course
prior to bidding on TDOT
contracts.
This course should be equivalent to TDEC's
Fundamentals of Erosion and Sediment
Control. Training shall include the following
components: erosion and sediment control,
good housekeeping and pollution
prevention measures, spill prevention and
clean up, illicit discharge identification and
how to report them, vehicle maintenance,
chemical storage and waste management.
X
35 | Page
-------
5 Roadways
5.1 Winter Storm Management
The Importance of Properly Storing
De-Icing Materials
DOTs often use various materials to keep roads safe for travel during winter months, and the
facilities where they store these materials can be sources of pollutants. For example, as seen
below in Table 4, 68 percent of deicer abrasives are stored outside and are not covered.
Uncovered salt piles can contribute significant pollutant loads to surface and groundwater. The
New Hampshire Department of Environmental Services (NHDES) conducted a study to determine
the salt loss from salt piles. NHDES measured the loss from an uncovered, 600-cubic-yard pile of
salt-sand during January-March 2007 and estimated that the salt pile contributed 313 tons of salt
per year to a local stream. Furthermore, the U.S. Geological Survey (USGS) performed several
studies in this same area and determined that between 229 and 903 tons of salt load were in the
groundwater.1
Table 4. Materials Storage
Materials
Outside
Uncovered
Outside
Covered
Indoor
Storage
Impermeable
Pad
Runoff
Control
Abrasives
68% (19)
32% (9)
29% (8)
25% (7)
29% (7)
Solid
Chemicals
11% (3)
36% (10)
79% (22)
54% (15)
50% (14)
Liquid
Chemicals
NA
NA
NA
50% (14)
22% (11)
1 NHDES, Data Report from the TMDLfor Chloride from Waterbodies near the 1-93 Corridor from Massachusetts to Manchester, NH,
December 2007, httpv/des.nh.gov/organization/divisions/water/wmb/tmdl/documents/chloride data report.pdf.
2 Table 2-6 from Levelton Consultants, Guidelines for the Selection of Snow and Ice Control Materials to Mitigate Environmental Impacts,
National Cooperative Highway Research Program Report 577, Transportation Research Board of the National Academies, 2007,
http://www.trb.org/Pubiications/Biurbs/158876.aspx.
36 | Page
-------
5 Roadways
Permit requires characterization of deicers used and documentation of application data. (Part
Ill.P.l.b)
Effective Date
7/7/2010
Permittee
Nevada DOT
Citation
40 CFR 122.34(b)(6)(i),
40 CFR 122.34(b)(6)(ii)
(guidance), and 40 CFR
122.26(d)(2)(iv)(A)
Link to Permit
https://ndep.nv.gov/uploads/docu
ments/ndotms4perm.pdf
Excerpt from permit:
Where abrasives and/or de-icing agents are used on highways, the following shall be recorded:
1. Location of the source of abrasives materials;
2. Types and chemistry of de-icing agents;
3. Deicing salt shall be analyzed for: total phosphorus, total nitrogen, iron, and percent sodium
chloride (NaCI);
4. Alternative deicers shall be analyzed for total nitrogen and total phosphorus;
5. Type and chemistry of abrasives with the gradation and percent organic matter. Gradation
and percent organic matter shall be determined from composite samples. The composite
samples shall be taken from one stockpile that represents all deliveries from the originating
source. Composite samples shall be taken from every new delivery from a new originating
source;
6. Abrasives shall be analyzed for volatile solids, iron, total nitrogen, total phosphorus, and
total reactive phosphorus;
7. Volume of abrasives and deicing agents used on individual highway segments shall be
documented in the Annual Report.
Permit specifically does not authorize direct discharge of snow disposal into receiving waters or the
MS4. (Part I.D.3)
Effective Date
2/1/2013
Permittees
Ada County
Highway District &
Idaho
Transportation
Department
(District #3)
Citation
40 CFR 122.34(b)(6)(i),
(ii) and 40 CFR
122.26(d)(2)(iv)(A)
Link to Permit
http://apps.itd.idaho.gov/apps/en
v/d-3 ms4/D3-PI-
Boise MS4 Permit 2-l-13.pdf
Excerpt from permit:
Snow Disposal to Receiving Waters. Permittees are not authorized to push or dispose of snow plowed
within the Permit area directly into waters of the United States, or directly into the MS4(s)....
37 | Page
-------
5 Roadways
Permit Considerations
Transportation MS4 permittees use a variety of chemicals to remove and prevent ice and snow from
forming on areas like roads and parking lots and to maintain the right-of-way. Chloride-based salts are
the most commonly used material for snow and ice control, followed by acetates. In 2015, nearly 32
million tons of salt were used for highway deicing in the United States (46 percent of 69.5 million tons
consumed).8 Studies have shown an upward trend in freshwater chlorides, which is thought to be the
result of deicing salt applied to roadways, parking lots, driveways, and sidewalks.9 For example, in a
recent USGS study, "researchers also examined trends in salinity at four sites in the New Jersey portion
of the Delaware River drainage. Upward trends were observed at all four sites, with chloride
concentrations nearly doubling over the last 30 years. Other studies in the northeastern U.S. have
yielded similar results."10
5.2 Street Sweeping
Permit specifies high-priority sweeping frequencies. (Part I.F.7)
Effective Date
3/1/2009
Permittees
New Jersey
Highway Agencies
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)(i),
(ii)
Link to Permit
http://www. ni.gov/deo/dwa/Ddf/
existing highway permit final 2
27 O9.odf
Excerpt from permit:
a. Street sweeping
i. Minimum Standard - (For County Agencies Only) County Highway Agencies shall sweep, at a
minimum of once per month (weather and street conditions permitting) all streets
(including roads or highways) that meet all of the following criteria:
the street is owned or operated by the County Agency;
the street is curbed and has storm drains;
the street has a posted speed limit of 35 mph or less;
the street is not an entrance or exit ramp; and
the street is in a predominantly commercial area.
8 USGS, Mineral Commodity Summaries 2016, http://minerals.usgs.gov/minerals/pubs/mcs/2016/mcs2016.pdf.
9 USGS, Granato, G.E., DeSimone, L.A., Barbaro, J.R., and Jenznach, L.C., Methods for evaluating potential sources
of chloride in surface waters and groundwaters of the conterminous United States, September 2015,
https://pubs.er.usgs.gov/publication/ofr20151080.
10 USGS, Trends in the Quality of Water in New Jersey Streams, Water Years 1971-2011, Scientific Investigations
Report 2016-5176, 2017 https://pubs.er.usgs.gov/publication/sir20165176.
38 | Page
-------
5 Roadways
All remaining streets (including roads or highways) that they own or operate shall be
swept at a minimum of once every 2 years.
ii. ... Highway Agencies shall certify annually that they have met the Street Sweeping minimum
standard. Highway Agencies must maintain records including the date and areas swept,
number of miles of streets swept and the total amount of materials collected. Information
shall be reported to the Department in the annual report and certification.
iii. Implementation - On March 1, 2009 and thereafter, Highway Agencies shall have fully
implemented a street sweeping program that meets the minimum standard above.
Permit specifies sweeping frequency and equipment based on road classifications. (Part II.B.4.d)
Effective Date
2/1/2010
Permittee
Alaska DOT and
Public Facilities
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)(i),
(ii)
Link to Permit
http://anchoragestormwater.com/
Documents/KWood/files/aks0525
58 fp.pdf
Excerpt from permit:
The permittees must update their respective street sweeping management plans within nine months of
the effective date of this permit. Each permittee's updated plan must designate streets, roads, and
public parking lots within their jurisdiction that fit within each of the following categories for street
sweeping frequency based on land use, traffic volumes or other factors.
Residential - Streets and road segments that include, but
are not limited to, light traffic zones and residential
zones.
Arterial and all other - Streets and road segments with
high traffic volumes serving commercial or industrial
districts.
Parking lots - large lots serving schools and cultural
facilities, plazas, sports and event venues or similar facilities.
i. Within one year, the permittees must identify and map all designated streets, roads, and public
parking lots for sweeping frequency.
ii. Within one year and one month of the effective date of this permit, the permittees must sweep
streets, roads, and public parking lots in their jurisdictions according to the following schedule:
While this example is not
exclusively for a DOT MS4
permittee, the permit considers
the road classifications for the
frequency of street sweeping for
all permittees.
39 | Page
-------
5 Roadways
Table II.B-2
Period in the Year
Residential
Arterial and all other
Public Parking Lots3
April 15-June 1
1 tandem 1
2 tandem
1 vacuum 2
June 15 - August 1
1 tandem
1 tandem
-
Aug 15 - Oct 15
-
-
1 vacuum
Sept 1 - Oct 15
1 tandem
1 tandem
-
Notes:
1 "Tandem" means one mechanical sweeper preceding one vacuum sweeper during the same
sweeping event (on the same day). This is equivalent to two sweepers sweeping the same surface; a
mechanical sweeper uses a conveyor belt to carry the collected debris to a hopper.
2 A vacuum sweeper sucks up loosened street particles with a vacuum and sends the[m] directly to a
hopper
3 Threshold size for public parking lots to be swept will be determined as permittees update their
street sweeping plan(s).
For areas where street sweeping is technically infeasible, the permittees must document in the 1st
Year Annual Report why sweeping is infeasible, and document how the permittee will increase
implementation of other trash/litter control procedures to minimize pollutant discharges to the MS4
and receiving waters.
Permit requires sweeping of sanded streets no later than four days after last snowfall. (Part III.0.1)
Effective Date
7/7/2010
Permittee
Nevada DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)(i),
(ii)
Link to Permit
https://ndep.nv.gov/uploads/docu
ments/ndotms4perm.pdf
Excerpt from permit:
c. Leaf litter and debris on all streets in urbanized areas shall be swept a minimum of two times
per year, once in the spring and once in the fall;
d. Sweeping of sanded streets in urbanized areas shall be performed as soon as weather, logistics
and site conditions permit after snow storms, but no later than four (4) days after the last
snowfall;
e. Sweeper wastes shall be disposed of properly. Recycling of sweeper wastes shall be considered.
The amount of sweeper waste accumulated, recycled and/or disposed of shall be documented
and included in the Annual Report.
40 | Page
-------
6 Storm Sewer Infrastructure
6.1 Storm Sewer Cleaning
Permit specifies catch basin inspection and cleaning frequencies. (Part I.F.7.d)
Effective Date
3/1/2009
Permittees
New Jersey Highway
Agencies
Citation
40 CFR 122.34(b)(6)(i),
40CFR 122.34(b)(6)(ii)
(guidance), and 40 CFR
122.26(d)(2)(iv)(A)
Link to Permit
http://www. ni.gov/deo/dwa/Dd
f/existing highway permit final
2 27 09.pdf
Excerpt from permit:
Minimum Standard - Highway Agencies shall inspect all catch basins operated by the Highway Agency
for accumulated sediment, trash, and debris; and clean those basins to remove sediment, trash, or
debris (if any observed during inspection). Highway Agencies with:
Less than 10,000 catch basins shall annually inspect and (to the extent noted above) clean at
least 2,000 catch basins, or as many catch basins as they own and operate.
10,000 or more catch basins shall inspect and (to the extent noted above) clean all catch basins
that they own and operate by February 28, 2014 ().
Permit Considerations
DOTs often have hundreds or even thousands of catch basins, outfalls, inlets, and BMPs to track,
operate, and maintain. Maintaining everything, everywhere, on identical schedules may prove
challenging. Therefore, many DOTs find it helpful to develop maintenance requirements that
systematically prioritize schedules and inspections based on water quality and other criteria.
6.2 Stormwater Management Controls Tracking, Operation, and Maintenance
Permit requires a tracking database and photographs of all public and private BMPs that discharge
stormwater into the permittee's MS4. (Part D.l.e.(3))
Effective Date
10/28/2013
Permittee
Hawaii DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2) and
40 CFR 122.34(b)(6)(ii)
(guidance)
http://www.stormwaterhawaii.co
m/swmp wp/wp-
content/uploads/2014/10/A.l DO
T-HWYS-NPDES-Permit-No.-HI-
S000001.pdf
41 | Page
-------
6 Storm Sewer Infrastructure
Excerpt from permit:
Part D.l.e.(3) BMP, Operation and Maintenance, and Inspection Database- The Permittee shall
implement its Asset Management System to track the frequency of inspections and maintenance of the
Permanent BMPs.
In addition to the standard information collected for all projects (e.g., project name, owner, location,
start/end date, etc.), the database shall also include, at a minimum:
Type and number of LID practices
Type and number of Source Control BMPs
Type and number of Treatment Control BMPs
Latitude/Longitude coordinates of controls using Global Positioning Systems (GPS) and NAD83
or other Datum as long as the datum remains consistent
Photographs of controls
Operation and maintenance requirements
Frequency of inspections
Frequency of maintenance
All stormwater treatment and LID BMPs shall be inspected at least once a year for proper operation;
maintenance shall be performed as necessary to ensure proper operation.
6.3 Storm Sewer System Mapping
Permit requires mapping of green technology BMPs. (Part II.A.8)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2) and
40 CFR 122.34(b)(5)(ii)
(guidance); 40 CFR
122.34(b)(3)(A) and 40
CFR 122.26(d)(l)(iii)
Link to Permit
http://www.dnrec.delaware.gov/
wr/information/swdinfo/pages/ms
4.aspx
Excerpt from permit:
At least once a year, the permittees shall revisit and update, as necessary, BMP GIS data layers and
storm sewer data. The data layers shall show the location of all outfalls and drainage outlets and the
names and location of all waters that receive discharges from those outfalls. Structural BMPs are to be
included, along with other green technology BMPs, but smaller, residential-type dispersed BMPs such as
rain barrels and rain gardens need not be included. Mapping may include all existing and readily
available information including project plans, records, drainage maps and field surveys, and must be
42 | Page
-------
6 Storm Sewer Infrastructure
based on Global Positioning System (GPS) data that sufficiently identifies structures in terms of data
accuracy.
Excerpt from permit:
Within three years from the effective date of this permit, the permittee must complete a comprehensive
MS4 map. At a minimum, the map(s) must show jurisdictional boundaries; the location of all District-
owned or operated storm sewers, culverts, ditches, and other conveyances; the location of all inlets and
outfalls; points at which the permittee's MS4 is interconnected with other MS4s; names and locations of
all waters that receive discharges from those outfalls; and locations of all permittee-owned or operated
facilities, including all maintenance/storage facilities, permittee-owned or private snow disposal sites
and the permittee's maintenance yard. Locations of all outfalls must also be provided in latitude and
longitude, and the diameter of all outfalls must be provided with the map. The maps shall be available in
electronic or digital format as appropriate. A copy of the completed map(s) as both a report and as an
electronic file via Arc GIS format, must be submitted to EPA and IDEQ as part of the corresponding
Annual Report.
As part of its NPDES permit compliance (Part II.B), the North Carolina DOT had to evaluate new BMP
inspection and maintenance needs and create an inventory of stormwater controls. The DOT now uses
a stormwater control management system (SCMS) to inventory and track various BMP types and
locations. The SCMS includes inspection reports that provide a level of service and ranking. The
stormwater control inventory includes bioretention, infiltration basins, dry detention basins, level
spreaders, wet detention basins, pet waste stations, filtration basins, stormwater wetlands, hazardous
spill basins, swales, and other types of BMPs.11
11 Center for Environmental Excellence by AASHTO, Stormwater Management White Paper Connecting the DOTs
through Collaboration in Stormwater Management: Proceedings from the 2014 National Stormwater Practitioners
Meeting, Washington, D.C., p. 19, October 2014,
http://environment.transportation.org/pdf/2014 national stormwater practitioners meeting/AASHTO SW Whit
e Paper 310ct2Q14.pdf.
Permit requires mapping of specific infrastructure and facility features on a single map. (Part
II.B.3.d)
Effective Date Permittee
10/15/2009 Idaho Transportation
Department District
No. 3
Citation
40 CFR
122.26(d)(l)(iii)(B) and
40 CFR 122.34(b)(3)(i)(A)
Link to Permit
http://apps.itd.idaho.gov/apps/
env/d-
3 ms4/D3 MS4 Permit 10-15-
09.pdf
Spotlight: Stormwater Asset Inventory
43 | Page
-------
6 Storm Sewer Infrastructure
6.4 Outfall Prioritization and Screening
Permit requires permittee to determine areas with high potential for illicit discharges and prioritize
them for screening. (Part II.A.b)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR 122.26(d)(2)(ii);
40 CFR
122.26(d)(2)(iv)(B)(3); 40
CFR 122.34(b)(3)(i)(C);
40 CFR 122.34(b)(6)(i)
and (ii) (guidance)
Link to Permit
http://www. dnrec.delaware.gov/
wr/information/swdinfo/pages/ms
4.aspx
Excerpt from permit:
(2) As part of the SWPP&MP, permittees shall develop a screening program for illicit discharges. Each
permittee's program shall include a schedule and methodology to evaluate at least 20% of their storm
sewer system per year, using existing mapping and water quality data, to determine areas with high
potential for illicit discharges and improper disposal. Dry weather screening and field inspection
activities shall be conducted in these areas. The evaluation will consider, among other things, the
following criteria:
Past dry weather flow
Past discharge complaints and reports
Age of development
Density of aging septic systems
Aging or failing sewer infrastructure
Density and age of industrial activities
6.5 Illicit Discharge Detection and Elimination (IDDE) Source Identification and
Elimination
Permit specifies investigation methodology for all catchments determined to be vulnerable to illicit
connections or discharges. (Part 2.3.4.8)
Effective Date
7/1/2017
Permittees
Massachusetts State
Transportation
Agencies (except for
the MassDOT
Highway Division)
Citation
40 CFR
122.26(d)(2)(iv)(B)(3);
40 CFR 122.34(b)(3)(i)(C)
Link to Permit
https://www3.epa.gov/regionl/
npdes/stormwater/ma/2016fpd
/final-2016-ma-sms4-gp.pdf
44 | Page
-------
6 Storm Sewer Infrastructure
Excerpt from permit:
2.3.4.8. Catchment Investigations
The permittee shall develop a systematic procedure to investigate each catchment associated with an
outfall or interconnection within their MS4 system.
a. Timelines:
A written catchment investigation procedure shall be developed within 18 months of the permit
effective date in accordance with the requirements of part 2.3.4.8.b below.
Investigations of catchments associated with Problem Outfalls shall begin no later than two (2)
years from the permit effective date.
Investigations of catchments associated with High and Low Priority Outfalls shall follow the
ranking of outfalls updated in part 2.3.4.7.c.
Investigations of catchments associated with Problem Outfalls shall be completed with seven (7)
years of the permit effective date
Investigations of catchments where any information gathered on the outfall/interconnection
identifies sewer input shall be completed within seven (7) years of the permit effective date.
Investigations of catchments associated with all Problem, High- and Low-Priority Outfalls shall
be completed within ten (10) years of the permit effective date.
*Forthe purposes of these milestones, an individual catchment investigation will be considered
complete if all relevant procedures in part 2.3.4.8.C. and 2.3.4.8.d. below have been completed.
b. A written catchment investigation procedure shall be developed that:
i. Identifies maps, historic plans and records, and other sources of data, including but not limited to
plans related to the construction of the storm drain and of sanitary sewers, prior work performed on the
storm drains or sanitary sewers, board of health or other municipal data on septic system failures or
required upgrades, and complaint records related to SSOs, sanitary sewer surcharges, and septic system
breakouts. These data sources will be used in identifying system vulnerability factors within each
catchment.
ii. Includes a manhole inspection methodology that shall describe a storm drain network investigation
that involves systematically and progressively observing, sampling (as required below) and evaluating
key junction manholes (see definition in Appendix A) in the MS4 to determine the approximate location
of suspected illicit discharges or SSOs. The manhole inspection methodology may either start from the
outfall and work up the system or start from the upper parts of the catchment and work down the
system or be a combination of both practices.
Either method must, at a minimum, include an investigation of each key junction manhole within the
MS4, even where no evidence of an illicit discharge is observed at the outfall. The manhole inspection
methodology must describe the method the permittee will use. The manhole inspection methodology
shall include procedures for dry and wet weather investigations.
iii. Establishes procedures to isolate and confirm sources of illicit discharges where manhole
investigations or other physical evidence or screening has identified that MS4 alignments are influenced
45 | Page
-------
6 Storm Sewer Infrastructure
by illicit discharges or SSOs. These shall include isolation of the drainage area for implementation of
more detailed investigations, inspection of additional manholes along the alignment to refine the
location of potential contaminant sources, and methods such as sandbagging key junction manhole
inlets, targeted internal plumbing inspections, dye testing, video inspections, or smoke testing to isolate
and confirm the sources.
6.6 Spill Tracking and Reporting
Permit requires maintenance of a database to contain all spill incidents. (Part II.B.7.b.6)
Effective Date
11/1/2006
Permittee
South Carolina DOT
Citation
40 CFR
122.26(d)(2)(iv)(B)(4);
40 CFR 122.34(b)(3)(i)(C)
Link to Permit
http://www. scdot.org/business/
pdf/stormwater/MS4 permit si
gned copv.pdf
Excerpt from permit:
(6) SC DOT shall develop and maintain a database to contain all illicit SC DOT spill incidences
information. This database will act as the maintenance log for SCDOT maintenance facilities. This
database will include information that is found onsite during the investigation of a leak, spill or illegal
dumping incident such as:
Toxicity and quantity of any chemicals produced, stored or discharged from the site;
The history of any NPDES permit violations from a site;
History of significant leaks or spill of toxic or hazardous pollutants;
The designated uses of the receiving waters at a site; and
Inspection and maintenance activities such as containment berm integrity testing, or cleaning of
oil/water separators
6.7 IDDE Staff Training
Permit specifies IDDE training topics. (Part III.F.5)
Effective Date
7/7/2010
Permittee
Nevada DOT
Citation
40 CFR 122.26(d)(iv)(B);
40 CFR 122.34(b)(3)(i)(D)
Link to Permit
https://ndep.nv.gov/uploads/docu
ments/ndotms4perm.pdf
Excerpt from permit:
III.F.2. NDOT shall implement an Employee Stormwater Training Program and shall outline the program
in the SWMP. The program shall provide for NDOT's employees identified in this permit to receive initial
training within twelve (12) months of the effective date of this permit and refresher training at least
46 | Page
-------
6 Storm Sewer Infrastructure
once every three (3) years thereafter. NDOT shall also provide training to new staff within the first year
of hire, and to existing staff when job responsibilities change to newly incorporate stormwater duties.
III.F.5. NDOT shall provide specific stormwater training to educate personnel who are directly involved
in activities that may impact stormwater quality or that may generate or manage non-stormwater
discharges. For each topic, the number of trainings offered, the number of employees trained, and other
appropriate measurable goals shall be presented in the Annual Report. The employee training program
shall address:
III.F.5.a NDOT shall train all staff whose responsibilities may include responding to illicit discharges or
illicit connections to the storm sewer system. Training shall include:
III.F.a.i The procedures for detection, investigation, (i.e. field screening procedures, sampling
methods, field measurements) identification, clean-up, and reporting of illicit discharges and
connections, and improper disposal/dumping;
III.F.5.a.ii and the procedures for outfall screening and investigation.
47 | Page
-------
7 Roadside
7.1 Vegetation Management
Permit establishes minimum standard for herbicide application. (Part I.F.7.f)
Effective Date
3/1/2009
Permittee
New Jersey
Highway Agencies
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
http://www. ni.gov/deo/dwa/Ddf/
existing highway permit final 2
27 09.pdf
Excerpt from permit:
Minimum Standard - Highway agencies shall implement a Roadside Vegetation Management Program
that limits the application of herbicides and restricts the methods by which mulch is applied. Highway
Agencies shall only apply herbicides in a 2-foot radius around structures where it is not practical to mow
(such as around guardrails, signposts, telephone poles, etc.). If mulch is applied, it shall be stabilized in
accordance with the Standards for Soil Erosion and Sediment Control in New Jersey N.J.A.C. 2:90-1 (or
N.J.A.C. 16:25A where NJDOT is the Highway Agency) to prevent it from being washed away with
stormwater into the waters of the State.
Permit requires collection and disposal of unused vegetation management chemicals. (Part II.A.S.c)
Effective Date
5/7/2013
Permittee
Delaware DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
http://www. dnrec.delaware.gov/
wr/information/swdinfo/pages/ms
4.aspx
Excerpt from permit:
[Note: There are deadlines specified in the permit, including review and approval by permitting
authority.]
A program to reduce the contribution of pollutants associated with the application, storage and disposal
of pesticides, herbicides, and fertilizers from permittees' areas and activities to the MS4. The program
shall include, but not be limited to:
1) Educational programs for permittees' employees who work directly with pesticides,
herbicides, and fertilizers;
2) A Nutrient Management Plan for all urbanized areas receiving nutrient applications
according to requirements set forth by the Delaware Nutrient Management Law
(Delaware Code Title 3. Chapter 22 ง2201-ง2290). with an exemption of construction
sites where nutrients are applied to achieve either temporary or permanent
stabilization;
3) Application by certified applicators and annual summary report of applications;
48 | Page
-------
7 Roadside
4) Integrated pest management measures that incorporate non-chemical solutions;
5) The use of native vegetation; and
6) The collection and proper disposal of unused pesticides, herbicides, and fertilizers
Permit requires that DOT contractors using herbicides be trained and certified. (Part 2.1.7)
Effective Date
10/1/2006
Permittee
Tennessee DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
https://www.tn.gov/content/dam
/tn/tdot/documents/NPDESState
wideMS4Permit.pdf
Excerpt from permit:
... Where contractors are using herbicides for vegetation control on TDOT right of ways (ROWs), their
employees shall also be trained and certified in the use of herbicides.
Permit Considerations
Some permits include requirements to consult with vegetation management experts, such as state
university extension programs. For example, the North Carolina DOT's permit calls for consultation with
North Carolina Department of Agriculture and Consumer Services and North Carolina State University
in selecting appropriate pest control methods and implementation practices (Part II.B.6.1 .b).
7.2 Trash/Litter
Permit requires permittee to estimate the amount of trash and debris collected during agency
roadside cleanups. (Part I.F.S.b)
Effective Date
3/1/2009
State
New Jersey
Highway Agencies
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(6)
Link to Permit
http://www.ni.gov/dep/dwq/pdf/
existing highway permit final 2
27 09.pdf
Excerpt from permit:
.... Highway Agencies shall maintain records of roadside clean ups and estimates of the total amount of
trash and debris collected.
49 | Page
-------
7 Roadside
Permit requires grate design to minimize entry of trash into storm drain system. (Part 2.1.5.D)
Effective Date
10/1/2006
State
Tennessee DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.34(b)(3) and
(6)
Link to Permit
https://www.tn.gov/content/dam
/tn/tdot/documents/NPDESState
wideMS4Permit.pdf.
Excerpt from permit:
Management Measure
Measurable Goal
Yr
1
Yr
2
Yr
3
Yr
4
Yr
5
D. TDOT shall review design standards for
storm drain inlets to promote the use of grate
spacing that minimize the entry of trash,
floatable and other debris into the storm drain
system. Trash, floatable and other debris on
the highways shall be handled by means other
than flushing into storm drains. Where
reduction in grate spacing would cause
inadequate hydraulic performance, TDOT will
pursue other management practices to
minimize trash, floatable and large debris in
storm runoff.
Documentation of the review
shall be provided in the
Annual report, with
recommendations on
developing a new standard if
warranted.
X
X
Permit includes training requirements for various entities involved in maintenance, including
volunteers. (Section E)
Effective Date
10/1/2015
State
North Carolina
DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(6),
(B)(5J and (6), and (D)(4);
40 CFR 122.34(b)(1), and
(2)
Link to Permit
https://connect.ncdot.gov/resourc
es/hvdro/HSPPermits/2015 NPDE
S Stormwater Permit.pdf
Excerpt from permit:
Management Measure
Measurable Goal
(a) Provide pollution
prevention awareness
NCDOT shall provide annual stormwater pollution awareness training for
appropriate NCDOT personnel and contractors involved in construction
and maintenance activities. NCDOT may require contractors to have
50 | Page
-------
7 Roadside
Management Measure
Measurable Goal
training for
construction workers.
equivalent training in lieu of NCDOT-provided training. Training shall
include general stormwater awareness, NPDES stormwater permit
NCG010000 implementation, identification of stormwater pollution
potential, appropriate spill response actions and contacts for reporting
spills and illicit discharges/illegal dumping.
(b) Provide pollution
prevention awareness
training for
maintenance workers.
NCDOT shall maintain a program of annual stormwater pollution
awareness training for appropriate NCDOT maintenance staff. NCDOT shall
also maintain an ongoing awareness program for Adoot-A-Highwav
volunteers and prison inmate laborers. NCDOT may require contractors to
have equivalent training in lieu of NCDOT-provided training. Training shall
include general stormwater awareness, identification of stormwater
pollution potential, and appropriate contacts for reporting spills and illicit
discharges/illegal dumping
See Section 3.6 for a permit example
that also addresses trash/litter.
51 | Page
-------
7 Roadside
7.3 Encroachment Permitting
Permit specifies requirements for encroachment permittee regulation and enforcement. (Part
II.B.7.a)
Effective Date Permittee
11/1/2006 South Carolina
DOT
Citation
40 CFR 122.26(d)(2)(i),
(d)(2)(iv)(B) and (C);
40 CFR 122.34(b)(3)(i)(B)
Link to Permit
http://www.scdot.Org/business/p
df/stormwater/MS4 permit signe
d copy.pdf
Excerpt from permit:
One year from the effective date of this permit, the permittee shall have enacted and begin to enforce
an encroachment permit process which prohibits illicit connections and illegal dumping into the MS4. It
includes but is not limited to provide[ing] documentation which establishes the following legal authority:
(a) Control through policy, permit contract, order or similar means, the contribution of pollutants to the
municipal storm sewer by storm water discharges associated with industrial activity and the quality
of storm water discharged from sites of industrial activity;
(b) Reporting of illicit discharges to the municipal separate storm sewer;
(c) Control through policy, order or similar means the discharge to a municipal separate storm sewer of
spills, dumping or disposal of materials other than storm water;
(e) Require compliance with conditions in policies, permits, contracts or orders; and
(f) Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance
and noncompliance with permit conditions including the prohibition on illicit discharges to the
municipal separate storm sewer.
DOTs often require encroachment permits to allow certain construction, installation, and repair-related
activities within, under, or over a state right-of-way. When available, DOTs may use encroachment
permits to ensure that third parties act consistently with MS4 permit requirements, as the examples in
this section illustrate.
Permit Considerations
52 | Page
-------
7 Roadside
Permit requires the permittee to educate industrial facility owners/operators about impacts to the
storm sewer system and report any facilities that are contributing or have the potential to
contribute stormwater runoff pollutants to the permitting authority. (Part I.E.4)
Effective Date
8/28/2015
Permittee
Colorado DOT
Citation
40 CFR
122.26(d)(2)(iv)(A) - (C);
40 CFR 122.34 (b)(1) and
(b)(3)(i)(B)
Link to Permit
https://www.codot.gov/progra
ms/environmental/water-
qualitv/documents/ms4-
program/cdot-ms4-permit
Excerpt from permit:
4. Industrial Facilities Program
The permittee shall implement a program to promote the proper management of stormwater quality
from industrial sites.
a. The following requirements apply:
i. Education and Outreach: The program shall provide education and outreach to owners or
operators of industrial facilities. The permittee shall provide education and outreach to owners or
operators of industrial facilities that the permittee determines are contributing or have the potential
to contribute a substantial pollutant loading to the storm sewer system. The education and outreach
activities shall promote the proper management of potential pollutants in stormwater discharges
from industrial facilities.
ii. Industrial Facilities: The permittee shall provide written notification, within 15 days of the
identification or discovery of the industrial facility, to the Division that includes the following:
(A) Facility identification of industrial facilities that are identified by the permittee as
contributing or have the potential to contribute a substantial pollutant loading to the storm
sewer system.
(B) Information on the discharge, including the water quality concerns.
Permit requires the permittee to inspect encroachment permit construction projects. (Part
D.l.d.(4))
Effective Date
10/28/2013
Permittee
Hawaii DOT
Citation
40 CFR
122.26(d)(2)(iv)(D);
40 CFR 122.34(b)(3)(i)(B)
Link to Permit
http://www.stormwaterhawaii.c
om/swmp wp/wp-
content/uploads/2014/10/A.l
DOT-HWYS-NPDES-Permit-No.-
Hl-S000001.pdf
Excerpt from permit:
(iii) All construction projects with a Permit to Perform Work Upon State Highways, connection permit,
encroachment permit, or discharge of surface runoff permit/approval shall be inspected at least once
annually or once during the life of the project, whichever comes first, by a qualified construction
53 | Page
-------
7 Roadside
inspector who is independent (i.e., not involved in the day-to-day planning, design, or implementation)
of the construction projects to be inspected. The Permittee may use more than one (1) qualified
construction inspector for these inspections. If the project has a site-specific BMP Plan or other
equivalent document(s), the inspection shall also verify that the BMPs were properly installed and at the
locations specified in the Plan. The reporting procedures shall include, at a minimum, notification of any
critical deficiencies to the DOH.
(iv) Develop and implement a standard inspection form(s) and reporting and corrective procedures for
inspections, including use of an inspection checklist, or equivalent, and the Permittee shall track
inspection results in a database or equivalent system. The inspection checklist shall, include at a
minimum, but not be limited to identifying any deficiencies and the date of the corrective actions.
Photos shall accompany the inspection checklist to document the deficiencies. The inspection form(s),
inspection checklist, reporting and corrective procedures shall be submitted to DOH for review and
acceptance within 90 calendar days of the effective date of this permit.
Permit requires the permittee to control third-party activities within the right-of-way. (Part E.2.i)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(2)(iv)(B);
40 CFR 122.34(b)(3)(i)(B)
Link to Permit
http://www. swrcb.ca.gov/board
decisions/adopted orders/water
qualitv/2012/wqo2012 0011 dwq
.pdf
Excerpt from permit:
i. Non-Departmental Activities
The Department shall summarize its control over all non-departmental (third party) activities performed
on Department ROW in the SWMP. The summary shall describe how the Department shall ensure
compliance with this Order in all non-departmental activities.
The Department shall not grant or renew encroachment permits or easements benefitting any third
party required to obtain coverage under the Statewide Construction and/or Industrial Storm Water
General Permits unless the party has obtained coverage. In all leases, rental agreements, and all other
contracts with third parties conducting activities within the ROW, the Department shall require the third
party to comply with applicable requirements of the Construction General Permit, the Industrial General
Permit, and this Order.
54 | Page
-------
8 Project Development/Active Construction
8.1 Project Development and Planning
FHWA's CTIP
Excerpt taken from Chapter 3.3, "Hydraulic Design"
The term "hydraulic" refers to the field of science and
engineering dealing with liquids. For purposes of this
guidebook, hydraulic design covers concepts such as
conveyance systems, channel behavior, and erosion
control.1
This section introduces a key issue that engineers face in
working toward environmentally sustainable solutions:
smaller, more frequent storms are commonly ignored
when designing flood control facilities. And yet, these
storms are
most often
responsible for
shaping the
long-term
health of these
facilities and
the larger
roadside. A number of trade-offs are introduced in this
section, followed by a set of strategies to help mitigate
smaller, more frequent storm events. Example strategies
include microcatchments, micro-terraces, slope
transitions, bioretention, and multi-cell box culvert
design.
"Smaller, more frequent storms are
commonly ignored when designing
flood control facilities. And yet, these
storms are most often responsible for
shaping the long-term health of these
facilities and the larger roadside."
The FHWA oversees the
Coordinated Technology
Implementation Program (CTIP).
The CTIP has produced various
publications, including An
Integrated Approach to
Sustainable Roadside Design and
Restoration (2013). This
document presents approaches to
integrating sustainable solutions
into roadside designs to address
issues such as stormwater early in
the project development phase.
Excerpt taken from: An Integrated
Approach to Sustainable Roadside
Design and Restoration (2013),
pp. 42, 43, and 44
Authors: Amit Armstrong, Ph.D., P.E.,
Lindsey Sousa, AICP, LEED AP, Colin
Haggerty, P.E., CFM, Conrad Fischer
Available at:
http://www.ctiponline.org/publicatio
ns/view publication.aspx?id=108
Hydraulics must work together with each of the other
disciplines to develop strategies for conveying runoff
(rainfall that exceeds infiltration) safely and efficiently.
Coordination with revegetation and geotechnical
disciplines, among others, is critical.
VEGETATION: In order to create a stable conveyance area, the correct landscape material must be
determined. Vegetation can protect slopes by reducing erosion and strengthening soil stability.
Utilizing the correct land cover is critical to creating a sustainable roadside. The hydraulics group
must determine flow rates and velocities and confer with landscape professionals about materials
that can be established in the region and will be stable in the long term. In lieu of or in
combination with vegetation, rock material can also be utilized to stabilize drainage ways. A soil-
riprap mixture optimizes riprap protection by providing a growing medium that contributes to
stability.
1 Hydraulic design for roadways constructed by FHWA is dictated by the PDDM. Section 7.1.8 defines the Design and
Check Flood for proposed drainage systems.
55 | Page
-------
8 Project Development/Active Construction
Landscape professionals may also be consulted where issues of water quality must be addressed.
Bioretention areas provide environmental benefits such as creating ideal growth mediums for
filtration processes. Impacts to adjacent vegetation and natural systems need to be considered to
ensure that roadway run-off does not overload the landscape with grease, oils, metals, or
chlorides. Sediment and increased run-off impacts should also be reviewed.
Planning is critical in mitigating environmental impacts to vegetation and designing a sustainable
roadside. Identifying the protected or sensitive areas will help establish the drainage patterns in
the project. General concern with roadway impacts, such as grease or oil, metals, and chlorides,
can be addressed with proper planning. In addition, run-off from impervious surfaces can generate
erosion that increases sediment conveyance. Slowing run-off and spreading flow will help replicate
predevelopment patterns.
GEOTECH: Coordination with the geotechnical discipline is needed when addressing slopes and
roadside structures. In general, flatter slopes are preferred but need to be balanced with potential
impacts to the surrounding environment. Stable slopes that resist erosion and enhance vegetation
growth are crucial to a sustainable environment. Detailed analysis and coordination is especially
important when a wall is necessary, and optimal layout must be determined. Hydrostatic forces
create complex systems. Weepholes are often required for drainage from backfill on the uphill
side. Diversion of stormwater run-off using concrete curbs and gutters allows water to be safely
diverted around the walls. In some instances, culverts are needed through the wall section to
collect runoff. Overall, coordination between disciplines to ensure the proper wall design and
stability is vital to enhancing the roadway.
The construction process needs to ensure that hydraulic features are feasible and sustainable.
Design of controls to convey run-off during construction can provide a basis for permanent
facilities that provide water quality. Utilizing features such as terracing of slopes can increase the
length of travel that run-off follows, increasing the ability of run-off to infiltrate. BMPs such as rock
check dams also slow velocities, which reduce erosion potential and increase infiltration. Many of
the features installed during construction can remain as permanent features, as long as the
materials will hold up over time."
Permit Considerations
According to the FHWA, there are four main types of highway improvement projects: new
construction, reconstruction, resurfacing/restoration/rehabilitation, and maintenance. These projects
can potentially release various pollutants when it rains or snow melts. DOTs often use advanced
planning to determine ways to reduce discharges of these pollutants in stormwater and snowmelt
during both active construction and post-construction, and they will also implement structural and
nonstructural practices to manage stormwater.
56 | Page
-------
8 Project Development/Active Construction
8.2 Active Construction Stormwater Controls
Examples of typical Active Construction Activities
.. . New roads - creation of road .
Lane widening where none currently exists Road realignment
Permit requires the DOT to notify the permitting authority if it will be using lead-contaminated soil
that qualifies as hazardous waste under the state definition. (Finding 17)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(2)(iv)(B) and
(C); 40 CFR
122.34(b)(4)(i)(C)
Link to Permit
http://www. swrcb.ca.gov/board
decisions/adopted orders/wat
er qualitv/2012/wqo2012 0011
dwq.pdf
Excerpt from permit:
Department Construction Projects Involving Lead Contaminated Soils
17. Department construction projects may involve soils that contain lead in quantities that meet the
State definition of hazardous waste but not the federal definition. The Department of Toxic Substances
Control (DTSC) has issued a variance (V09HQSCD006) effective July 1, 2009, allowing the Department to
place soil containing specific concentrations of aerially deposited lead under pavement or clean soil. In
addition to complying with the terms of the variance, the Department also needs to notify the
appropriate Regional Water Boards to determine the appropriate regulation of these soils.
57 | Page
-------
8 Project Development/Active Construction
8.3 Post-Construction Stormwater Controls
Permit requires the development of a BMP toolbox for the post-construction stormwater program.
(Part II.B.3.a)
Effective Date
10/1/2015
Permittee
North Carolina DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2)
and 40 CFR
122.34(b)(5)(i)(A)
Link to Permit
https://connect.ncdot.gov/reso
urces/hvdro/HSPPermits/2015
NPDES Stormwater Permit.pdf
Excerpt from permit:
3. BMP Toolbox for Post-Construction Stormwater Program
a. Objectives
i. Maintain and update as necessary a BMP Toolbox to aid in the siting, design, and construction of
stormwater quality BMPs with guidance on the suitability of each for NCDOT applications.
ii. Evaluate BMPs for applicability to a linear highway system.
b. Management Measures
The NCDOT shall implement the following management measures to meet the objectives of the BMP
Toolbox for Post-Construction Stormwater Program and shall notify the DWQ prior to modification of
any goals.
Management Measures
Measurable Goals
(a) Maintain a BMP Toolbox.
Maintain a stormwater BMP Toolbox to provide internal guidance on
design of post-construction stormwater control measures. The BMP
Toolbox will include appropriate uses/anticipated applications,
design criteria. Proprietary BMPs will be evaluated in keeping with
the DEMLR requirements for permitting new technologies.
(c) Submit proposed BMP
Toolbox revisions to DEMLR
for approval.
New guidance on proposed BMPs will be submitted for DEMLR
approval prior to implementation.
58 | Page
-------
8 Project Development/Active Construction
Permit includes specific thresholds based on imperviousness and disturbed area, as well as
performance standards for post-construction stormwater management controls. (Section 4.2.5.1(a))
Effective Date
1/3/2012
Permittee
Georgia DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
https://epd.georgia.gOv/sites/e
pd.georgia.gov/files/related file
s/site page/Final DOT SW NP
DES Permit MS4 Dec 2011.pdf
Excerpt from permit:
At a minimum, the post-construction program to address new development and redevelopment
projects must include:
4.2.5.1(a) Develop and implement strategies which include a combination of structural and/or non-
structural BMPs appropriate for the community, including the implementation of the applicable parts of
the Georgia Stormwater Management Manual (Blue Book) and Coastal Stormwater Supplement or an
equivalent stormwater management design manual. The permittee must provide documentation to
demonstrate the implementation of the Blue Book or design manual beginning with the first annual
report.
At a minimum, the permittee shall apply the standards for new development and redevelopment to any
site that meets one or more of the following criteria:
New site development that creates or adds 5,000 square feet or greater of new impervious
surface area, or that involves linear roadway projects that disturb 1 acre or greater.
Site redevelopment that creates or adds 5,000 square feet or greater of new impervious surface
area, or that involves linear roadway projects that disturb 1 acre or more, including projects less
than one acre if they are part of a larger common plan of development or sale.
For sites meeting the above criteria, the permittee shall ensure that the following minimum standards
shall be considered during the site plan preparation process:
Stormwater Runoff Quality/Reduction: All stormwater runoff shall be adequately treated prior
to discharge. Stormwater runoff that must be treated does not apply to flows that originate
outside of GDOT's right of way or diverted flows from undisturbed areas. The stormwater
management system shall be designed to remove 80% of the average annual post-development
total suspended solids (TSS) load or equivalent as defined in the Blue Book or in the equivalent
manual. Compliance with this performance standard is presumed to be met if the stormwater
management system is sized to capture and treat the water quality treatment volume, which is
defined as the runoff volume resulting from the first 1.2 inches of rainfall from a site.
Stream Channel/Aquatic Resource Protection: Stream channel and/or aquatic resource
protection shall be provided by using the following approaches: 1) 24-hour extended detention
storage of the 1-year, 24-hour return frequency storm event; 2) erosion prevention measures
such as energy dissipation and velocity control; and 3) preservation of the applicable stream
buffer.
59 | Page
-------
8 Project Development/Active Construction
Overbank Flood Protection: Downstream overbank flood protection shall be provided by
controlling the post-development peak discharge rate to the predevelopment rate for the 25-
year, 24-hour storm event.
Extreme Flood Protection: Extreme flood protection shall be provided by controlling the 100-
year, 24-hour storm event such that flooding is not exacerbated.
Permit requires prioritization of landscape and soil-based BMPs. (Section E.2.d.2.b)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
http://www.swrcb.ca.gov/board
decisions/adopted orders/water
qualitv/2012/wqo2012 0011 dwq
.pdf
Excerpt from permit:
...a. The Department shall always prioritize the use of landscape and soil-based BMPs to treat storm
water runoff. Other BMPs may be used only after landscape and soil-based BMPs are determined to be
infeasible. The Department shall also consider other effective storm water treatment control methods
or devices for Department approval. (E.2.d.2.b)
60 | Page
-------
8 Project Development/Active Construction
Permit includes a hydromodification risk-based approach to assess the lateral and vertical stability
of channels. (Section E.2.d.3)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
http://www.swrcb.ca.gov/board
decisions/adopted orders/wat
er qualitv/2012/wqo2012 0011
dwq.pdf
Excerpt from permit:
The Department shall ensure that all new development and redevelopment projects do not cause a
decrease in lateral (bank) and vertical (channel bed) stability in receiving stream channels. Unstable
stream channels negatively impact water quality by yielding much greater quantities of sediment than
stable channels. The Department shall employ the risk-based approach detailed in this permit to assess
lateral and vertical stability. The approach assists the Department in assessing pre-project channel
stability and implementing mitigation measures that are appropriate to protect structures and minimize
stream channel bank and bed erosion. [The permit also depicts the approach in Figure 1 and describes it
further.]
Permit identifies specific standards that apply to development and redevelopment and includes
links for easy access to the standards (Part I.F.3)
Effective Date
3/1/2009
Permittee
New Jersey
Highway Agencies
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
http://www.ni.gov/dep/dwa/pdf/
existing highway permit final 2
27 09.pdf
Excerpt from permit:
Minimum Standard - To prevent or minimize water quality impacts, the Highway Agency shall develop,
implement, and enforce a program to address stormwater runoff from new development and
redevelopment projects on property owned or operated by the Highway Agency that disturb one acre or
more, including projects less than one acre that are part of a larger common plan of development or
sale, that discharge into the Highway Agency's small MS4. The Highway Agency shall in its post-
construction program:
Comply with the applicable design and performance standards established under N.J.A.C. 7:8 for
major development, unless:
o Those standards do not apply because of a variance or exemption granted under
N.J.A.C. 7:8: or
o Alternative standards are applicable under an areawide or Statewide Water Quality
Management Plan adopted in accordance with N.J.A.C. 7:15.
61 | Page
-------
8 Project Development/Active Construction
Comply with standards set forth in Attachment C of the permit to control passage of solid and
floatable materials through storm drain inlets.
Projects that do not require any Department permits (the term "permit", in this case, shall
include transition area waivers under the Freshwater Wetlands Protection Act) under the Flood
Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.), Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1 et seq.), Coastal Area Facility Review Act (N.J.S.A.:19-1 et seq.), or Waterfront
and Harbor Facilities Act (N.J.S.A. 12:5-3) are not considered "new development or
redevelopment projects" if construction began prior to 12 months from the original EDPA, or if
the projects went to bid or had right-of-way authorization prior to the original EDPA.
Implementation - On March 1, 2009 and thereafter, Highway Agencies shall:
Implement applicable design and performance standards established under N.J.A.C. 7:8 for
major development at the Highway Agency pursuant to 3.a.i. above.
Comply with the standards set forth in Attachment C of the permit to control passage of solid
and floatable materials through storm drainage inlets for storm drain inlets the Highway Agency
installs within the Highway Agency's small MS4.
Permit requires that portions of projects that discharge to a stream segment listed as impaired for a
roadway pollutant of concern install post-construction controls that meet either a water quality
control volume, runoff reduction, or pollutant removal standard. (Part I.E.2.a.iii)
Effective Date
8/28/2015
Permittee
Colorado DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
https://www.codot.gov/progra
ms/environmental/water-
qualitv/documents/ms4-
program/cdot-ms4-permit
Excerpt from permit:
iii. Priority Development Projects and Cherry Creek Reservoir Development Projects: The following
applies to priority development projects and Cherry Creek Reservoir Development Projects:
(A) Control Measure Design Standards for Priority Development Projects: The permittee's
requirements and oversight for priority development projects must be implemented to address the
selection, installation, implementation, and maintenance of control measures in accordance with
requirements in Part I.B. Only the portion of the project that discharges to the stream segment
listed for a roadway pollutant of concern is required to meet one of these control measure design
standards and Part I.E.2.a.iii. The control measures for priority development projects shall meet one
of the following design standards listed below:
1) WQCV Standard: The control measure(s) is designed to provide treatment and/or infiltration
from impervious surfaces with a surface area equal to or greater than 90% of the new
impervious surface area located within the portion of the project discharging runoff to that
62 | Page
-------
8 Project Development/Active Construction
segment of Cherry Creek Reservoir basin. In addition the design drain time of the WQCV shall be
a minimum of 12 hours. Evaluation of the minimum drain time shall be based on the pollutant
removal mechanism and functionality of the control measure implemented. Consideration of
drain time shall include maintaining vegetation necessary for operation of the control measure.
2) Runoff Reduction Standard: The control measure(s) is designed to infiltrate into the ground
where site geology permits, evaporate, or evapotranspire a quantity of water equal or greater
than 60% of what the calculated WQCV would be if all impervious area from the applicable
portion of the priority development project discharged without infiltration. This base design
standard can be met through practices such as green infrastructure. "Green infrastructure"
generally refers to control measures that use or mimic natural processes to infiltrate,
evapotranspirate, or reuse stormwater on the site where it is generated. Green infrastructure
can be used in place of or in addition to low impact development principles.
3) Pollutant Removal Standard: The control measure(s) is designed to treat at a minimum the 2-
year, 1-hour peak runoff flow. The control measure(s) shall be designed to treat to an expected
median effluent concentration for total suspended solids (TSS) of 30 mg/L from impervious
surfaces with a surface area equal to or greater than 90% of the new impervious surface area
located within the portion of the project discharging runoff to the 303(d)-listed segment for a
roadway pollutant of concern.
[The Definitions section contains additional specificity and clarity.]
Part I.2.J. 51. Roadway Pollutants of Concern include:
a. Total suspended solids
b. Cadmium (Total and Potentially Dissolved)
c. Chromium (Total and Potentially Dissolved)
d. Copper (Total and Potentially Dissolved)
e. Iron (Total and Potentially Dissolved)
f. Lead (Total and Potentially Dissolved)
g. Magnesium (Total and Potentially Dissolved)
h. Manganese (Total and Potentially Dissolved)
i. Nickel (Total and Potentially Dissolved)
j. Zinc
k. Total Inorganic Nitrogen
I. Total Phosphorus
m. Chloride
n. Sodium
o. Oil and Grease
63 | Page
-------
8 Project Development/Active Construction
Permit Considerations
Some DOTs have indicated that maintenance crews may automatically affiliate the term "post-
construction activities" with activities like mowing grass, because these happen post construction of
the facility. They are thus beginning to use other terms to describe stormwater post-construction
activities during discussions with maintenance and other crews. DOTs have found it may be important
to clearly define whatever terms are used so that the terminology is not lost in translation.
Also, following a National Stormwater Practitioners Meeting of DOTs, the American Association of
State Highway Transportation Officials' (AASHTO's) Center for Environmental Excellence summarized
meeting participant input regarding approaches to incorporate post-construction BMPs in the project
delivery process. These recommendations included:
"Assigning a lead management position to oversee and ensure communication between
workers and management during each phase of the project delivery process
Involving maintenance personnel early in the design process and justifying the use of certain
BMPs
Incorporating state-specific standards and highlights into proposed contracts"
They also noted that "implementing the above measures can result in the following benefits as
described by the DOTs:
Meeting permit compliance
Increased protection of infrastructure
Avoidance of possible litigation from downstream users."
12 Center for Environmental Excellence by AASHTO, Connecting the DOTs through Collaboration in Stormwater
Management: Proceedings from the 2014 National Stormwater Practitioners Meeting, Washington, D.C., October
2014,
http://environment.transportation.org/pdf/2014 national stormwater practitioners meeting/AASHTO SW Whit
e Paper 310ct2Q14.pdf.
64 | Page
-------
8 Project Development/Active Construction
8.4 Green Infrastructure
Permit requires the permittee to consider green infrastructure during the design phase for new and
redevelopment sites. (Section 4.2.5.4)
Effective Date
1/3/2012
Permittee
Georgia DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
https://epd.georgia.gov/sites/epd.
georgia.gov/files/related files/site
page/Final DOT SW NPDES Per
mit MS4 Dec 2011.pdf
Excerpt from permit:
EPD encourages the use of green infrastructure practices and approaches on both new and redeveloped
sites. The permittee shall review all projects during the design phase to ensure the plans consider the
use of green infrastructure practices, including infiltration, reuse, and evapotranspiration. The program
shall, at a minimum, contain the elements and schedules shown in Table 4.2.5.4.
Program Elements
Measure Goals
Year 1
Year 2 Year 3 Year 4 Year 5
Develop a program
for conducting a low
impact
development/green
infrastructure
(LID/GI) feasibility
study, and
implementing low
impact
development/green
infrastructure, where
feasible.
Develop the program, including a
checklist of possible green
infrastructure practices to be
considered during the design phase.
Submit the proposed program to EPD
for review and approval.
X
Submit a copy of the completed
checklist to EPD with each set of plans.
The checklist must show which LID/GI
practices are included in the project
and must detail why each listed
practice was not considered feasible
for the project.
X
X
X
Track the type and number of each
LID/GI practice incorporated into each
set of plans during the reporting period
and include in each annual report.
Track the type and number of each
LID/GI practice incorporated into each
set of plans during the reporting period
and include in each annual report.
X
X
X
Design information on low impact development practices can be found in the Georgia Stormwater
Management Manual (www.georgiastormwater.com). Additional information on green infrastructure
and better site design can be found on numerous websites, including these suggested sites: U.S. EPA
(www.epa.gov/nps/lid). Center for Watershed Protection (www.cwp.org), Georgia Coastal Resource
65 | Page
-------
8 Project Development/Active Construction
Division's "Georgia's Green Growth Guidelines" (crd.dnr.state.ga.us). and Green Infrastructure Center
(www.gicinc.org)
Permit requires the permittee to develop a strategy to incentivize green infrastructure for private-
and public-sector projects. (Part l.2.c)
Effective Date
2/1/2010
Permittee
Alaska DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2)
and 40 CFR
122.34(b)(5)(i)(A)
Link to Permit
http://anchoragestormwater.com
/Documents/KWood/files/aks052
558 fp.pdf
Excerpt from permit:
Within one year of the effective date of this permit, the permittees must develop a strategy to provide
incentives for the increased use of LID techniques in private and public sector development projects
within both the MOA and ADOT&PF jurisdictions. The strategy must outline the methods of evaluating
the Green Infrastructure/LID pilot projects described below. Permittees must begin implementation of
the Green Infrastructure/LID Strategy and pilot projects within two years of the effective date of this
permit.
(i) Beginning with the 4th Year Annual Report, the permittees must report on and evaluate the status of
five pilot projects that use LID concepts for on-site control of water quality. Projects must involve
managing runoff from at least 10,000 square feet of impervious surface. At least three of the five LID
pilot projects must be ADOT&PF-owned locations. Parking lot retrofits as required in Part II.B.2.c.vi may
be used as pilot projects. At least two of the pilot sites must address drainage areas greater than five
acres in size. At least one pilot project must be located in the Chester Creek, Fish Creek, Campbell Creek,
or Little Campbell Creek watersheds.
(ii) The permittees must monitor the performance of each pilot project and report the results beginning
with the 4th Year Annual Report. The permittees must calculate or model changes in runoff quantities for
each of the pilot project sites in the following manner...
8.5 Watershed Planning/Protection
Permit specifies special requirements for a priority watershed. (Part I.A.4 and Part I.E.l.a.l.viii)
Effective Date
8/28/2015
Permittee
Colorado DOT
Citation
40 CFR
122.26(d)(2)(iv)(A);
40 CFR 122.30(d)
(guidance);
40 CFR 122.34(c)(1)
Link to Permit
https://www.codot.gov/programs
/environmental/water-
qualitv/documents/ms4-
program/cdot-ms4-permit
66 | Page
-------
8 Project Development/Active Construction
Excerpt from permit:
4. Cherry Creek Reservoir Drainage Basin
This permit includes conditions and limitations for those portions of the permit area that drain into the
Cherry Creek Reservoir drainage basin. As per the Cherry Creek Reservoir Control Regulation (5 CCR
1002-72), as amended, additional requirements are included in the Education Program, Construction
Sites Program, and Permanent Water Quality Program. In addition, the stormwater permit requirements
section of Regulation 72 (Section 72.7), as amended, is hereby incorporated by reference.
(Part I.E.l.a.l.viii.)
viii. Cherry Creek Reservoir Drainage Basin Discharges: All requirements in Part I.B. must be met for
those parts of the MS4 that drain into the Cherry Creek Reservoir drainage basin. In addition, the
permittee must also meet the requirements in Cherry Creek Reservoir Control Regulation (5 CCR 1002-
72}. The permittee shall meet the following in addition to the requirements in Part I.E.I for those parts
of the MS4 that drain into the Cherry Creek Reservoir drainage basin:
(A) Covered construction activities shall include construction activities that disturb land, unless it is
excluded in accordance with 72.7.2(b)(3).
(B) Control measures shall meet the requirements for required construction control measures per
section 72.7.2(b)(5) of the regulation.
(C) Additional Covered Construction Activities: For covered construction activities in accordance
with Part I.E.l.a.viii(A), that would not otherwise meet the definition of covered construction
activities...
Permit Considerations
Tools are available to help DOTs with watershed planning/protection. One such tool is the Watershed
Resources Registry (WRR) developed by EPA Region 3 and partners (FHWA, U.S. Army Corps of
Engineers-Baltimore, Maryland State Highway Administration, Maryland Department of Natural
Resources, Maryland Department of the Environment). WRR is a comprehensive, replicable framework
and GIS-based targeting tool that integrates and streamlines regulatory programs, guides resource
planners, saves time and money, increases program efficiencies, screens for preferred actions, and
maximizes watershed benefits. WRR has a number of documents that explain the models (suitability
analyses), the rationale and criteria used to create them, and how WRR can be applied to multiple
regulatory and non-regulatory decisions. These documents include the WRR architecture description, a
user's guide, and the report Integrating Priorities and Achieving a Sustainable Watershed Using the
Watershed Resources Registry in the Mattawoman Creek Watershed by the Interstate Commission on
the Potomac River Basin. A live website is also available to understand how to use the WRR, including
the GIS tool. Other states may also tailor the tool. For more information, go to
www.watershedresourcesreaistrv.org.
67 | Page
-------
8 Project Development/Active Construction
8.6 Retrofits
Permit requires a prescribed number of retrofit projects. (Part II.
B.2)
Effective Date
10/1/2015
Permittee
North Carolina
DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
https://connect.ncdot.gov/resourc
es/hvdro/HSPPermits/2015 NPDE
S Stormwater Permit.pdf
Excerpt from permit:
2. BMP Retrofits
a. Objectives
i Develop, implement and support the NCDOT program to be consistent with NPDES post-
construction control measures and support development of the BMP Toolbox.
ii. Use retrofits to address pollutant loading from existing NCDOT activities.
iii. Retrofits should not be associated with meeting the requirements of any other DEMLR or DWQ
program, unless otherwise allowed.
b. Management Measures
The NCDOT shall implement the following management measures to meet the objectives of the BMP
Retrofit Program.
Management Measures
Measurable Goals
(a) Identify appropriate
retrofit sites.
Identify a minimum of fourteen (14) potential retrofits per year.
(b) Implement/Install BMP
Retrofits.
Maintain a program to implement retrofits. Complete a total of
seventy (70) retrofits over the 5-year period of this permit. The
retrofits will be appropriate for the identified pollutants of concern.
Include in the annual report the number of retrofits completed.
68 | Page
-------
8 Project Development/Active Construction
Permit Considerations
Some permits specify the planning the permittee must conduct for future stormwater retrofits. For
example, the Arizona DOT's permit requires the development of a retrofit program focused on controls
that infiltrate, evapotranspire, or harvest and use stormwater discharges. The permit specifies retrofit
locations that the DOT must consider and the development of an evaluation and ranking process to
prioritize retrofit projects (Section 8.2.4).
8.7 Offsite Mitigation
Permit allows permittee to construct post-construction controls anywhere in the permit area rather
than only building controls in conjunction with a development project. (Part I.E.2.a.iv)
Effective Date
8/28/2015
Permittee
Colorado DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2);
40 CFR 122.34(b)(5)(i)(A)
Link to Permit
https://www.codot.gov/progra
ms/environmental/water-
aualitv/documents/ms4-
program/cdot-ms4-permit
Excerpt from permit:
iv. Permanent Water Quality Mitigation Pool. The following requirements apply to control measure
projects funded by the Permanent Water Quality Mitigation Pool (pool):
(A) Permanent Water Quality Mitigation Pool: The purpose of the pool is to implement control measures
in the permittee's permit area.
1) The permittee shall contribute $6,500,000 to the pool each fiscal year for which this permit
coverage is active. The permittee shall prorate the contribution to the pool in 2015 since the permit
will only be active for a portion of the year. Upon termination, renewal, or expiration without
administration extension, the permittee shall annually contribute $6,500,000 multiplied by the
percentage of the year the permit was active. The pool shall be used to plan, design, and construct
control measures meeting the requirements in Part I. E.2.a.iii and iv. and Part I.B.
2) Ensure that at least 80 percent of the pool shall be spent on a 3-year rolling average.
3) Ensure that the pool shall only be used for designing and building control measures meeting the
requirements of this section.
4) The pool shall be administered by a committee comprised of regional and statewide permittee
personnel to evaluate and prioritize the planning and installation of control measures.
5) The pool shall not be used to fund the cost of maintenance of control measures.
6) The pool may be used for environmental planning for a control measure.
69 | Page
-------
8 Project Development/Active Construction
7) The pool shall not be used for the replacement or modification of previously constructed control
measures, unless the replaced or modified control measure will treat additional area within the
permit area.
8.8 Active Construction Site Inspections and Enforcement
Permit requires a certified construction inspector for each site. (Part II.B.8.b)
Effective Date
11/1/2006
Permittee
South Carolina
DOT
Citation
40 CFR
122.26(d)(2)(iv)(D)(3);
40 CFR 122.34(b)(4)(i)(F)
Link to Permit
http://www.scd0t.0rg/business/p
df/stormwater/MS4 permit signe
d copv.pdf
Excerpt from permit:
The permittee shall develop and implement a program for inspecting construction sites and for
enforcing the requirement for control measures.
The permittee shall address in the SWMP the following elements:
enhance erosion control during construction and ensure compliance with state storm water
requirements by providing more detail of the specific procedures for handling violations found
during inspections, such as methods of serving notice, imposing restrictions, administrative
penalties (stop work order);
SC DOT must provide at least one certified inspector for each and every one of its construction
sites. The subjects to be addressed in the training program shall be detailed for review
including a copy of the inspection procedures;
Include verification that construction sites subject to the NPDES Storm Water Regulations
have a Storm Water Pollution Prevention Plan on site, and,
Must comply with the enforceability provisions of South Carolina Water Pollution Control
Permits Regulation 61-9 122.26(d)(2)(i)(E)&(F), (iv)(D)(3), 122.34(b)(4)(ii)(F) & (b)(5)(ii)(B) and
with the Standards for Storm water Management and Sediment Reduction Regulation 72-430.
Permit requires the development of a construction site inspections standard operating procedures
document. (E.2.b.5) and minimum inspection frequency (E.5.c.3.a)
Effective Date
7/1/2013
Permittee
California DOT
Citation
40 CFR
122.26(d)(2)(iv)(D)(3);
40 CFR 122.34(b)(4)(i)(F)
Link to Permit
http://www.swrcb.ca.gov/board
decisions/adopted orders/water
qualitv/2012/wqo2012 0011 dwq
.pdf
70 | Page
-------
8 Project Development/Active Construction
Excerpt from permit:
5) Inspection Program
The inspection program shall also include standard operating procedures for documenting inspection
findings, a system of escalating enforcement response to non-compliance (including procedures for
addressing third party (i.e., contractor) non-compliance), and a system to ensure the timely resolution of
all violations of this Order or the SWMP. The Department shall delegate adequate authority to
appropriate personnel within all affected functional offices and branches to require corrective actions
(including stop work orders). (E.2.b.5)
The minimum inspection frequency for construction sites shall be weekly during the rainy season.
(E.5.c.3.a)
Permit specifies different timeframes for inspection based on risk categories (moderate and low
risk). (Part I.E.l.v.C)
Effective Date
8/28/2015
Permittee
Colorado DOT
Citation
40 CFR
122.26(d)(2)(iv)(D)(3);
40 CFR 122.34(b)(4)(i)(F)
Link to Permit
https://www.codot.gov/programs
/environmental/water-
qualitv/documents/ms4-
program/cdot-ms4-permit
Excerpt from permit:
(C) Reduced Frequency/Scope Inspection: The permittee may perform routine inspections per Part
I.E.l.a(V)(B) at a reduced frequency as determined by the type of site indicated below. Reduced
frequency inspections must assess the items in Part I.E.l.a.v(B)(l)-(3) (control measures, pollutant
sources, and discharge points). The permittee must require the removal of the pollutants, when feasible,
from the MS4 when the permittee identifies a failure to implement a control measure or an inadequate
control measure resulting in pollutants discharging to the MS4 or beyond the limits of the covered
construction site.
1) Inactive sites: The permittee must conduct an inspection at least every 90 days for sites that
surface ground disturbance activities are completed and are pending growth for final stabilization or
for sites where no construction activity has occurred since the last inspection.
2) Stormwater Management System Administrator's Program: The permittee must conduct an
inspection at least every 90 days for construction activities operated by a participant in a Division
designated Stormwater Management System Administrator's Program in accordance with Article 8
of title 25. Colorado Revised Statutes that has been identified by the administrator to be fully
implementing the program and qualified for reduced oversight incentives of the program.
3) On-Site Permittee Project Manager, Moderate Risk Site: The permittee must conduct an
inspection every 60 days for covered construction projects with an on-site project manager that is
71 | Page
-------
8 Project Development/Active Construction
personnel of the permittee and is responsible for daily observations of the control measures. The
presence of on-site project managers that are contractors or consultants of the permittee do not
meet the qualification for this reduced inspection frequency. The permittee on-site project manager
must be responsive to daily observations of control measures requiring routine maintenance and
inadequate control measure. The covered construction site must have the following:
(a) The project must be located more than 0.5 miles from a classified water of the state.
(b) The construction activity must disturb less than 5 acres during the present phase of the
project. Disturbed area that have been stabilized are not included in the disturbance for the
purpose of this requirement.
(c) Prior inspection findings cannot have found a discharge of pollutants in violation of a CDPS
discharge permit for stormwater associated with construction activities.
(d) Prior inspections in the past 3 months have had no reoccurring findings per individual control
measure.
(e) Prior inspections in the past 3 months have had less than two inadequate control measure
findings per inspection per acre of disturbance.
4) On-Site Permittee Project Manager, Low Risk Site: The permittee must conduct an inspection
every 90 days for covered construction projects with a permittee on-site project manager that is [a]
personnel of the permittee and is responsible for daily observations of the control measures. On-site
project managers that are contractors or consultants of the permittee do not qualify for this
reduced inspection frequency. The permittee on-site project manager must be responsive to daily
observations of control measures requiring routine maintenance and inadequate control measure.
The covered construction site must have the following:
(a) The project must be located more than 0.5 miles from a classified water of the state.
(b) The construction activity must disturb less than 2 acres during the present phase of the
project. Disturbed area that have been stabilized are not included in the disturbance for the
purpose of this requirement.
(c) Prior inspection findings cannot have found a discharge of pollutants in violation of a CDPS
discharge permit for stormwater associated with construction activities.
(d) Prior inspections in the past 6 months have had no reoccurring findings per individual control
measure.
(e) Prior inspections in the past 6 months have had less than two inadequate control measure
findings per inspection per acre of disturbance.
72 | Page
-------
8 Project Development/Active Construction
8.9 Staff Training
Permit requires training of all project design and development staff. (Part D.l.d.(7))
Effective Date
10/28/2013
Permittee
Hawaii DOT
Citation
40 CFR
122.26(d)(2)(iv)(A)(2) and
(D)(4); 40 CFR
122.34(b)(5)(i)(A)
Link to Permit
http://www.stormwaterhawaii.co
m/swmp wd/wd-
content/uploads/2014/10/A.l DO
T-HWYS-NPDES-Permit-No.-HI-
S000001.pdf
Excerpt from permit:
The Permittee shall provide annual training to all DOT-HWYS staff with project design and construction
storm water responsibilities, including construction engineers, construction and maintenance
inspectors, and plan reviewers/ This training shall be , specific to DOT-HWYS activities (including the
proper installation and maintenance of BMPs) policies, rules, and procedures.
8.10 Contractor Training
Permit requires state-provided or equivalent contractor training. (Part II.E.l)
Effective Date
10/1/2015
Permittee
North Carolina
DOT
Citation
40 CFR 122.26(d)(iv);
40 CFR 122.34(b)(6)(i)
Link to Permit
https://connect.ncdot.gov/resourc
es/hvdro/HSPPermits/2015 NPDE
S Stormwater Permit.pdf
Excerpt from permit:
Management Measure
Measurable Goal
(b) Provide pollution
prevention awareness
training for
maintenance workers.
NCDOT shall provide annual stormwater pollution awareness training for
appropriate NCDOT personnel and contractors involved in construction
and maintenance activities. NCDOT may require contractors to have
equivalent training in lieu of NCDOT-provided training. Training shall
include general stormwater awareness, NPDES stormwater oermit
NCG010000 implementation, identification of stormwater pollution
potential, appropriate spill response actions and contacts for reporting
spills and illicit discharges/illegal dumping.
73 | Page
-------
9 Monitoring and Evaluation
Permit Considerations
40 CFR 122.42(c), excerpted below, describes annual reporting requirements for Phase I permits. In
addition to the requirements at 122.26 for Phase I MS4 permits, 122.42(c) requires "[additional
conditions applicable to specified categories of NPDES permits" and describes several broad categories
of information that must be reported.
"122.42(c) Municipal separate storm sewer systems. The operator of a large or medium municipal
separate storm sewer system or a municipal separate storm sewer that has been designated by the
Director under ง122.26(a)(1 )(v) must submit an annual report by the anniversary of the date of the
issuance of the permit for such system. As of December 21, 2020 all reports submitted in compliance
with this section must be submitted electronically by the owner, operator, or the duly authorized
representative of the MS4 to the Director or initial recipient, as defined in 40 CFR 127.2(b), in
compliance with this section and 40 CFR part 3 (including, in all cases, subpart D to part 3), ง122.22, and
40 CFR part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior
to this date, and independent of part 127, the owner, operator, or the duly authorized representative of
the MS4 may be required to report electronically if specified by a particular permit or if required to do
so by state law. The report shall include:
(1) The status of implementing the components of the storm water management program that are
established as permit conditions;
(2) Proposed changes to the storm water management programs that are established as permit
condition. Such proposed changes shall be consistent with ง122.26(d)(2)(iii) of this part; and
(3) Revisions, if necessary, to the assessment of controls and the fiscal analysis reported in the permit
application under ง122.26(d)(2)(iv) and (d)(2)(v) of this part;
(4) A summary of data, including monitoring data, that is accumulated throughout the reporting year;
(5) Annual expenditures and budget for year following each annual report;
(6) A summary describing the number and nature of enforcement actions, inspections, and public
education programs;
(7) Identification of water quality improvements or degradation^]"
74 | Page
-------
9 Monitoring and Evaluation
Permit requires industrial facility monitoring. (Part II.D.3)
Effective Date
10/1/2015
Permittee
North Carolina
DOT
Citation
40 CFR 122.26 (d)(2)(iii)
and (d)(2)(v); 40 CFR
122.34(c)(2); and 40 CFR
122.34(d)
Link to Permit
https://connect. ncdot.gov/resourc
es/hvdro/HSPPermits/2015 NPDE
S Stormwater Permit.pdf
Excerpt from permit:
Qualitative Monitoring
a. Objective
(i) Evaluate the effectiveness of the industrial Stormwater Pollution Prevention Plans (SPPP) for
each industrial facility.
(ii) Perform required qualitative monitoring at stormwater discharge points or outfalls identified
in the SPPPs or during supplemental inspections as required in Part II.D.2.i.
b. Qualitative monitoring shall be performed at each industrial stormwater outfall or discharge
point twice per year, once in the spring (April - June) and once in the fall (September-
November). Qualitative monitoring requires an inspection of each storm water outfall or
discharge point for the parameters listed in paragraph (c). Qualitative monitoring is for the
purpose of evaluating the effectiveness of the SPPP. No analytical tests are required. NCDOT will
pursue correction of storm water quality where qualitative monitoring indicates degradation of
quality in comparison to previous monitoring events....
Qualitative Monitoring Requirements for Industrial Activities:
Discharge Characteristics
Frequency
Monitoring Location
Color
Semi-Annual
Stormwater Outfalls identified in the SPPP
Odor
Semi-Annual
Stormwater Outfalls identified in the SPPP
Clarity
Semi-Annual
Stormwater Outfalls identified in the SPPP
Floating Solids
Semi-Annual
Stormwater Outfalls identified in the SPPP
Suspended Solids
Semi-Annual
Stormwater Outfalls identified in the SPPP
Foam
Semi-Annual
Stormwater Outfalls identified in the SPPP
Oil Sheen
Semi-Annual
Stormwater Outfalls identified in the SPPP
Erosion at or immediately below the
outfall
Semi-Annual
Stormwater Outfalls identified in the SPPP
Other obvious indicators of
stormwater pollution
Semi-Annual
Stormwater Outfalls identified in the SPPP
75 | Page
-------
9 Monitoring and Evaluation
Permit requires baseline monitoring of four different highway types. (Part S7.B)
Effective Date
4/5/2014
Permittee
Washington DOT
Citation
40 CFR 122.26 (d)(2)(iii)
and (d)(2)(v); 40 CFR
122.34(c)(2); and 40 CFR
122.34(d)
Link to Permit
https://ecologv.wa.gov/DOE/files/
15/15522e23-dlel-49a9-9fbf-
dld68c9a7e66.pdf
Excerpt from permit:
B. Baseline Monitoring of WSDOT Highways
1. WSDOT shall continue collecting stormwater discharge quality and quantity data from the edge of
pavement at the existing highway sites until September 30, 2014. WSDOT shall collect data to allow
analysis of pollutant loads and prioritize parameters of concern. WSDOT shall collect samples at
each site, at the frequencies and durations, and for the parameters specified in this section.
2. Baseline Monitoring Site Selection
WSDOT shall continue baseline highway runoff monitoring for water year 2014 (ending September
30, 2014) at its existing sites under the 2009 issued permit with the following annual average daily
traffic (AADT):
a. Two highly urbanized Western Washington sites (>100,000 AADT)
b. One urbanized Western Washington site (<100,000 and >30,000 AADT)
c. One rural Western Washington site (<30,000 AADT)
d. One urbanized Eastern Washington site (<100,000 and >30,000 AADT)
5. Sample timing and frequency
WSDOT shall sample storm events as early in the storm event as practical and continue sampling
past the longest estimated time of concentration for the contributing drainage area. For storm
events lasting less than 24 hours, samples shall be collected for at least seventy-five percent of the
storm event hydrograph. For storm events lasting longer than 24 hours, samples shall be collected
for at least seventy-five percent of the hydrograph of the first 24 hours of the storm.
a. WSDOT shall sample each stormwater monitoring site at the following frequency:
i. Sixty-seven percent of the forecasted qualifying storms, which result in actual
qualifying storm events up to a maximum of 14 storm events per water year. Eleven
storm events are the required minimum.
ii. WSDOT may collect and report data from up to 20% of storm events that were
forecasted qualifying storms but which did not meet the qualifying storm event criteria
for rainfall depth (0.15-inch minimum) as defined in Section S7.B.5.b. These non-
qualifying storm events may be collected and counted as part of the required storm
events.
76 | Page
-------
9 Monitoring and Evaluation
iii. WSDOT shall ensure that storm samples are distributed throughout the year and
approximately reflecting the distribution of rainfall between the wet and dry seasons.
The goal for western Washington sites is to collect 60-80% of the samples during the
wet season (October 1 through April 30) and 20-40% during the dry season (May 1
through September 30). For eastern Washington, the goal is to collect 80-90% of the
samples in the wet season (October 1 through June 30) and 10-20% of the samples in
the dry season (July 1 through September 30).
b. Storm Event Criteria
A qualifying storm event shall meet the following conditions:
i. Rainfall depth: 0.15-inch minimum, no fixed maximum.
ii. Rainfall duration: Shortest acceptable duration one hour.
iii. Storm start (antecedent dry period): 6 hours minimum with less than 0.04-inch of
rain.
iv. Storm end (post storm period): 6 hours minimum with less than 0.04-inch of rain.
Permit Considerations
The USGS and FHWA developed the Stochastic Empirical Loading and Dilution Model (SELDM) to
simulate storm flows, concentrations, and loads. SELDM calculates the risk of exceeding water quality
criteria with and without user-defined BMPs in catchments. It estimates annual runoff loads and can
perform a simple annual lake-loading analysis. The USGS and FHWA also developed national data sets
on highway-runoff quality, precipitation, streamflow, runoff coefficients, and background water quality
for the model. This helps users to easily select choices that represent a site of interest to use with
SELDM.
Permit requires monitoring of BMP effectiveness at a minimum number of facilities (rest areas,
maintenance facilities, and ferry terminals). (Part S7.C)
Effective Date
4/5/2014
Permittee
Washington DOT
Citation
40CFR 122.26 (d)(2)(iii)
and (d)(2)(v); 40 CFR
122.34(c)(2); and 40 CFR
122.34(d)
Link to Permit
https://ecologv.wa.gov/DOE/files/
15/15522e23-dlel-49a9-9fbf-
dld68c9a7e66.pdf
77 | Page
-------
9 Monitoring and Evaluation
Excerpt from permit:
C. Monitoring the Effectiveness of Stormwater Treatment and Hydrologic Management BMPs at Rest
Areas, Maintenance Facilities, or Ferry Terminals
1. WSDOT shall develop and implement a monitoring program to evaluate the effectiveness of
stormwater treatment and hydrologic management BMPs at rest areas, maintenance facilities, or ferry
terminals.
2. Stormwater BMPs (operational or structural) selected for monitoring shall address concerns
identified from water year 2012 (WY12) and WY13 rest area, maintenance facility, or ferry terminal
monitoring data. WSDOT shall evaluate BMPs at three facilities:
a. two facilities in western Washington, and
b. one facility in eastern Washington.
3. For BMPs with short detention times, WSDOT shall use appropriate sections of Ecology's 2011 or the
most recent version of the Technical Guidance Manual for Evaluating Emerging Stormwater Treatment
Technologies: Technology Assessment Protocol - Ecology (2011 TAPE) to prepare, implement, and
report results.
http://www.ecv.wa.gov/programs/wq/stormwater/newtech/index.html
For operational BMPs and BMPs with long detention times, WSDOT shall work with Ecology to identify
the portions of TAPE that would apply and/or define alternate monitoring methods.
WSDOT shall use EPA's 2009 or most recent version of the Urban Stormwater BMP Performance
Monitoring as additional guidance for preparing the BMP evaluation.
Permit requires monitoring of vegetated filter strips. (Part S7.D)
Effective Date
4/5/2014
Permittee
Washington DOT
Citation
40CFR 122.26 (d)(2)(iii)
and (d)(2)(v); 40 CFR
122.34(c)(2); and 40 CFR
122.34(d)
Link to Permit
https://ecologv.wa.gov/DOE/files/
15/15522e23-dlel-49a9-9fbf-
dld68c9a7e66.pdf
Excerpt from permit:
D. Monitoring the Effectiveness of Stormwater Treatment and Hydrologic Management BMPs at
Highway Monitoring Sites
1. WSDOT shall continue to evaluate the effectiveness of its vegetated filter strip (VFS) and modified-VFS
stormwater treatment and hydrologic management BMPs for highway applications. BMP monitoring
shall continue until statistical goals in Ecology's 2011 Technical Guidance Manual for Evaluating
Emerging Stormwater Treatment Technologies: Technology Assessment Protocol - Ecology (2011 TAPE)
or the most recent version of TAPE are met. At a minimum, 12 sampling events are needed for
statistically significant performance data. Regardless of statistical significance, 35 sample events is the
maximum sampling effort required as defined in the QAPP.
78 | Page
-------
9 Monitoring and Evaluation
Permit requires wet weather monitoring to compare discharges from roadways and facilities with
and without control measures. (Part I.F.6)
Effective Date
8/28/2015
Permittee
Colorado DOT
Citation
40 CFR 122.26 (d)(2)(iii)
and (d)(2)(v); 40 CFR
122.34(c)(2); and 40 CFR
122.34(d)
Link to Permit
https://www.codot.gov/programs
/environmental/water-
qualitv/documents/ms4-
program/cdot-ms4-permit
Excerpt from permit:
6. Wet Weather Monitoring
The permittee shall implement a wet weather monitoring program to assess wet weather impacts from
highways and facilities and the performance of control measures used to control discharges. The
following requirements apply:
a. Monitoring Program
i. The permittee shall perform wet weather outfall monitoring that meets the following
minimum requirements:
(A) Monitor six outfalls/sample points each calendar year.
1) In year 1, the permittee shall sample three outfalls.
(B) Three samples shall be collected from each monitored outfall/sample point per year.
1) In year 1, the permittee shall collect one sample from one outfall.
(C) Each sample for roadways with and without a control measure shall be analyzed, at a
minimum, for all roadway pollutants of concern, conductivity, and hardness. Each sample
from facilities shall be analyzed for chloride, sodium, magnesium, total suspended soils, oil
and grease, and any other parameters that the permittee determines have a reasonable
potential to be present and cause impacts to beneficial uses of receiving waters. This
determination shall be based on a review of pollutant sources at the facility.
(D) All samples shall be taken during a measurable storm event. A measurable storm event
is a rain event that results in an actual discharge from the facility, and that follows the
preceding measurable storm event by at least 72 hours (3 days) or a snowmelt event where
a measurable discharge occurs from the facility resulting from melting snow.
(E) Sampling locations shall be chosen that will have at least three measurable storm events
occur during the year, including at least one rainfall and one snowmelt event. The
measurable storm events must be at least 72 hours (3 days) apart.
(F) All sample locations shall be in the permit area. At a minimum, of outfalls sampled shall
be from each of the following:
1) Complex highway maintenance facilities that has at least two of the activity
descriptions in Part I.E.6.a.ii(A) and be representative of pollutant sources and expected
loading from the facility.
2) Outfalls/sample points from highway road surfaces without control measures in
accordance with Part I.E.2.
79 | Page
-------
9 Monitoring and Evaluation
3) Outfalls/sample points from highway road surfaces with control measures in
accordance with Part I.E.2.
[Note: the permit provides the below definition of "Roadway pollutants of concern":
"Roadway pollutants of concern" include total suspended solids, arsenic (total and potentially
dissolved), cadmium (total and potentially dissolved), chromium (total and potentially dissolved), copper
(total and potentially dissolved), magnesium (total and potentially dissolved), manganese (total and
potentially dissolved), zinc, ammonia nitrogen, total phosphorus, chloride, sodium, oil and grease. (Part
I.E.2)]
TMDL Considerations
As part of the three-part series of compendia of MS4 permitting approaches, EPA published
Compendium of MS4 Permitting Approaches - Part 3: Water Quality-Based Requirements. This
compendium serves as a snapshot of MS4 permit provisions focused on water quality-based
requirements for specific pollutant parameters that are consistent with the assumptions and
requirements of an EPA-established or EPA-approved TMDLs. It also includes provisions to protect
impaired waters before TMDL development or to achieve other water quality objectives, such as
protecting high-quality waters. To develop this compendium, EPA reviewed all state- and EPA-issued
individual and general small MS4 final permits up to January 2017 and compiled examples of permit
language.
Evaluating Program Effectiveness
The permit must contain requirements for evaluating program effectivenesssee, for example, 40 CFR
122.34(d)(1), 122.42(c). MS4 permittees have found that self-evaluation tools and third-party audits can
help them review their SWMP's effectiveness. Two good self-evaluation resources include the following:
Municipal Separate Storm Sewer System (MS4) Program Evaluation Guidance (EPA): This
guidance provides NPDES permitting authority staff the information and questions necessary
to conduct a comprehensive MS4 program evaluation and determine if the permittee is
implementing the program to reduce pollutants discharged. (Also see Appendices B-D, which
are posted separately from the above linked document.)
A Strategic Approach to Planning for and Assessing the Effectiveness of Stormwater Programs
(California Stormwater Quality Association): This document establishes specific "how to"
guidance with examples for managers in planning and assessing their MS4 programs.
80 | Page
------- |