Stormwater: MS4

1. Stormwater: MS4 Stormwater permitting requirements for small municipal separate storm sewer systems 2014 Environmental Trade Fair.

2. Polly Porter. Compliance Assistance Specialist. Waco – Region 9. 254-761-3039. polly.porter@tceq.texas.gov .

4. Technical Assistance. • Free and Confidential. • Multi-media. • Compliance Hotline. • One-on-one help from regional staff. • Special programs (if eligible). • EnviroMentor (EM). • Site Visit / Compliance Commitment (C2).

5. Who does SBLGA help? • Marinas. . • Metal Finishers/Fabricators. • PST Facilities (fuel) . • Print Shops. • Manufacturing Facilities. • Reinforced Plastics. • Surface Coaters. • Trade Associations. • Transportation/Distribution. • Wastewater Plants. • Wood Products. • Airports. • Auto Body / Repair. • Building Contractors. • Car Washes. • Compost Operations. • Concrete Batch Plants. • Drinking Water Plants. • Dry Cleaners. • Foundries. • Local Governments.

6. Compliance resources can be searched by industry, issue or special topics. TexasEnviroHelp.org

7. Customer Satisfaction Survey. Submit comments about your experience. Be specific when possible.

9. What is stormwater?What is a discharge? Stormwater is rainfall. Run-off carries potential pollutants as a discharge.

10. Rule References. Federal. • Clean Water Act. • 40 Code of Federal Regulations. • Chapter 122.26. State. • Texas Water Code. • Chapter 26.121. • 30 Texas Administrative Code. • Chapters 281, 305, 308.

11. EPA National Pollutant Discharge Elimination System TCEQ Texas Pollutant Discharge Elimination System Phase I and II MS4s (Municipalities, et al) MSGP (Industrial) CGP (Construction)

13. It’s just dirt.

14. How can that hurt?

17. What is a permit? • Effluent limitations and requirements for 5 years. • Authorizes discharges from specific activities and certain non-stormwater discharges.

18. TPDES. • Multi-Sector General Permit (MSGP). • TXR050000 (August 14, 2011-2016). • Construction General Permit (CGP). • TXR150000 (March 5, 2013-2018). • Municipal Separate Storm Sewer Systems (MS4s). • Phase I – large and medium cities. • Individual / customized. • Phase II – small cities. • General Permit TXR040000(Dec. 13, 2013-2018).

19. What is an MS4? • Publicly owned or operated drainage system designed to convey stormwater. • Not a wastewater collection or sewer. • May include non-traditional entities such as military bases, transportation systems, hospitals, universities, correctional facilities and a variety of districts.

20. Regulated Districts. Jurisdiction of the TCEQ: GCD Groundwater Conservation District. ID Irrigation District MMDMunicipal Management District. MUDMunicipal Utility District Regional District. RD Regional District. SCDStormwater Control District. SUDSpecial Utility District. WCID Water Control & Improvement District. WIDWater Improvement District.

21. Urbanized Area. • High density of residential population identified by 2000 and 2010 U.S. Census: • 1,000 to 50,000 people per square mile. • 500 people/square mile at boundaries. • Conveyance located fully or partially within UA. • Must regulate only that portion within UA. • “Once in, always in.”

22. 2000 CensusWilliamson County MS4s must regulate only the portion inside the UA not covered by another entity’s permit/SWMP.

23. 2010 Census Williamson County MS4s must regulate only the portion inside the UA not covered by another entity’s permit/SWMP.

24. Urbanized Areas are regulated MS4s.

25. Urbanized Clusters are not regulated.

26. Waiver Option. Waiver 1: • Serve population less than 1,000 within a UA. • No significant contribution to: • pollutant loadings of and interconnected MS4. • pollutants identified as a cause of impairment to receiving water body. Waiver 2: • Data and labor intensive. • More costly than permit.

27. Applications. • DeadlineJune 11, 2014. • Full permit coverage: • Notice of Intent - form 20368. • $100 application fee. • Stormwater Management Program (SWMP). • Waiver 1 Option – form 20369. • Anticipated: • 750 - NOI for full permit coverage. • 115 - Waiver 1.

28. Authorization Process. • Submit NOI & SWMP or Waiver application. • Administrative review by the TCEQ. • Additional information from applicant. • Technical Review of SWMP. • Additional information from applicant. • Public Notice published in newspaper. • Public Meeting. • Approved by the TCEQ.

29. Impaired Water Body. • Impaired = EPA approved303(d) list. • Identify pollutant of concern. • Determine if MS4 contributing POC. • SWMP must include: • Focused BMPs for reducing POC. • Measurable goals for each BMP. • Bacteria - identify and focus on sources. • Assess progress. • Include in Annual Report.

30. Water Body with TMDL. • Total Maximum Daily Load established. • Identify cause of impairment. • Determine if MS4 contributing POC. • SWMP must include: • Targeted controls for reducing POC. • Measurable goals for each control. • Create benchmarks. • Bacteria - identify and focus on sources; refer to watershed’s Implementation Plan. • Assess progress – collect or use other’s data. • Include in Annual Report.

31. Tiered Approach. Permit requirements are based on UA population: • Level 1: < 10,000 population. • Level 2: 10,000 – 40,000 & non-traditional. • Level 3: 40,000 – 100,000. • Level 4: > 100,000.

32. Administrative Requirements. • Application for permit coverage • Storm Water Mgmt. Program approved by TCEQ. • Establish measurable goals to MEP. • Maintain records evaluating efforts • Implement SWMP by end of permit term • Annual Report • Submit within 90 days of end of each permit year

33. Technical Requirements. Develop and implement comprehensive SWMP to: • Reduce pollution to maximum extent practicable. • Meet water quality requirements of CWA and TWC. • Required only inside of UA boundaries. • BMPs, ordinances, and other mechanisms. • Include six minimum control measures.

34. Signatory Authority. NOI, NOC, SWMP, Annual Report - 30 TAC 305.44. • Corporation. • responsible corporate officer. • Government entities. • principle executive officer. • Ranking elected official. • Mayor.

35. Delegation of Authority. Authorized person may delegate - 30 TAC 305.128. • Authority assigned for other responsibilities. • May specify individual OR position having. responsibility for the facility, department, project, activity or environmental matters. • Must be in writing – TCEQ form 20403.

36. SWMP Includes a map and six Minimum Control Measures: • Public Education, Outreach and Involvement • Illicit Discharge Detection and Elimination • Construction Site Runoff Control • Post-Construction Mgmt. in New & Redevelopment • Pollution Prevention and Good Housekeeping for Municipal Operations. • Industrial SW Sources • Optional – Construction by MS4.

37. For each MCM. • Establish measurable goals. • Evaluate / assess efforts to meet goals. • Meet MEP standard for each goal. • Maintain records evaluating efforts. • Report progress annually. • Full implementation by end of permit term.

38. Implementation Options. • Share program elements w/others: • Phase I or II existing programs. • Phase II developing programs. • Each MS4 responsible for: • Applying for permit coverage. • Compliance with SWMP.

40. Assessment. • Monitor WQ to assess pollutant reductions. • Evaluate social indicators / behavior change. • Document progress toward goals. • Provide feedback to program management. • Ensure efficient use of resources. • Meet regulatory requirements.

41. Monitor Water Quality. • Most direct approach. • Verifiable results. • May focus on: • Biological – E. coli, fish, algae. • Physical – flow, turbidity, erosion. • Chemical – levels of phosphorus and other nutrients, metal content.

42. Social Indicators. • Gauge public education efforts: • Use surveys or questionnaires. • Take attendance at events or meetings. • Behavior changes: • Observation. • Participation. • Increase or decrease in complaints.

43. Annual Report. • Status of compliance with permit conditions. • Progress towards reducing pollutants. • Summary of information and monitoring data. • Evaluation of the BMPs. • Assessment of efforts toward goals. • Statement of activities planned.

44. Due Dates. • Within 90 days from end of permit year. • Depends on 12 month period selected: • Permit. • Calendar. • Fiscal. • ExistingMS4’s 1st report must include all months since end of last reporting period. • NewMS4’s 1st report must include all months since permit effective date.

45. TCEQ Investigations. • Basic review becomes more comprehensive. • Recordkeeping and Reporting. • NOI/SWMP. • Annual Reports. • Supporting data. • Noncompliance Notification – 30 TAC 305.125(9). • Submitted timely. • Signatory requirements met. • Included required elements. • SWMP used as reference.

46. How to be in compliance… • Know the applicable sections of the permit. • Communicate throughout organization. • Use available resources and partners. • Implement and maintain appropriate controls. • Request to change SWMP when necessary. • Contact the TCEQ for guidance if needed.

47. Read thepermit…andthe SWMP!

48. Resources. • TCEQ: • Assistance Tools for Stormwater Permitting. • 319 Nonpoint Source Grant. • EPA: • Smart Growth Achievement Funding. • Environmental Workforce Development and Job Training Grant. • Other MS4s. • Councils of Government. • Texas Municipal League. • Texas Association of Counties.

49. Stormwater Permitting Program. Agency Contact Info. (technical questions). • 512-239-4671. • swgp@tceq.texas.gov. • Stormwater Permitting, MC-148. Texas Commission on Environmental Quality. P. O. Box 13087. Austin TX  78711-3087.

50. Stormwater Processing Center. Contractor Contact Info. (forms questions). • 512-239-3700. • swpermit@tceq.texas.gov. • Stormwater Processing Center, MC-228. Texas Commission on Environmental Quality. P. O. Box 13087. Austin TX  78711-3087.