May 10, 2017
Stormwater 101
Krista Reininga, PE
Agenda
I. Clean Water Act (CWA)
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•
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TMDL Program
NPDES MS4 Permits
Industrial NPDES Permits
Construction Site NPDES Permits
II. Safe Drinking Water Act (SDWA)
• WPCF Permitting Program
III. Wrap Up/Questions
Section I
Clean Water Act:
I. Clean Water Act
• Amendment to the 1948 Federal Water Pollution
Control Act (Truman)
• Amendment included expansion and reorganization of
the act in 1972 (passed by Congress – overriding
Nixon’s veto)
• Achieve the goal of restoring and maintaining the
“chemical, physical and biological integrity of the
nations waters”.
4
I. Clean Water Act (Amendments)
• 1972 EPA was directed to administer programs:
− Implement water quality standards
− Regulate the discharge of pollutants (permits and technology
based effluent limits)
− Funded construction of treatment plants
• 1977 –
− Included Agricultural exemptions to the 404 permits
• 1981 –
− streamlined the construction grants process, improving the
capabilities of treatment plants built under the program
• 1987 –
− phased out construction grants program and replaced it with
the Clean Water State Revolving Fund
− Included nonpoint source permitting (industries and
municipalities)
5
Water Quality Standards
• Implemented by EPA or the
States.
• In Oregon, state standards
exist for instream water
quality.
• Standards include the
following elements:
1.
2.
3.
4.
Designated beneficial uses
Water quality criteria
Anti-degradation policy
General policies (mixing zones,
variances, etc.).
6
Water Quality Standards
• Integrated Reports (305(b)) are required to be
prepared by DEQ every 2 years regarding the overall
condition of water bodies.
• If instream monitoring indicates standards are
exceeded, the water body is placed on the 303(d) list.
• A TMDL program must be developed for water bodies
on the 303(d) list.
7
Total Maximum Daily Loads (TMDL)
Program
• TMDL programs establish the allowable pollutant load
a water body can receive without exceeding
standards.
• The allowable load is distributed/allocated among the
various dischargers/jurisdictions (Designated
Management Agencies [DMAs]).
8
Total Maximum Daily Loads (TMDL)
Program
• TMDL program (quantitative/numeric limits):
− LAs: Loads are allocated for non-point sources
(TMDL implementation plan required).
− WLAs: Waste loads are allocated for point sources such
as those from industries, wastewater treatment plants,
and MS4s (i.e., dischargers that have permits).
− MOS: Sometimes a load is allotted for a margin of
safety.
TMDL = LA + WLA + MOS
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Total Maximum Daily Loads (TMDL)
Program
Summary of Oregon TMDLs:
• 31 basins have TMDLs covering 1206 stream
segments.
• Most common parameters of concern in Oregon are
temperature and bacteria.
• The Willamette Basin TMDL addresses:
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−
−
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temperature
bacteria
mercury
dissolved oxygen
dieldrin/ DDT
turbidity
10
Bacteria Sources - Instream
Brown and Caldwell
11
Bacteria Sources - Stormwater
Brown and Caldwell
12
Total Maximum Daily Loads (TMDL)
Program
Related Issues:
•
Water Quality Criteria (2017 Ruling)
• Updates to Water Quality Criteria (EPA)
Freshwater Copper Criteria (effective 3/6/17)
Freshwater Cadmium Criteria (effective 3/6/17)
13
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NPDES Permitting Program
EPA’s regulation of the discharge of pollutants:
• CWA Section 402 – Permits for discharges/point
sources (National Pollutant Discharge Elimination
System Permits)
− Authority to set effluent limits on industrial discharges
(including waste water treatment plants)
− Typically administered by EPA or delegated to States
• CWA Section 404 – Permits for the discharge of
dredged or fill materials into waters or wetlands.
− Administered by the Army Corps of Engineers
15
NPDES Permitting Program
1987 Water Quality Act:
• Added non-point sources to the NPDES permitting
program
− Municipal separate storm sewer systems (MS4s)
− Industrial runoff
− Construction site runoff (focused on erosion control)
16
Brown and Caldwell
17
MS4 NPDES Permitting Program
Phase I Permits
• Early 1990s-Municipalities with >100,000 in
population were required to get Phase I NPDES
permits for runoff from their municipal separate storm
sewer systems (MS4s).
• Applied to six permit areas representing approximately
33 jurisdictions in Oregon.
− Gresham
− Eugene
− Salem
− Portland
− Clackamas County
− Clean Water Services
MS4 NPDES Permitting Program
Phase I Permit
• A two-part permit application:
1991 Part 1: Storm system information gathering
1993 Part 2: Stormwater Management Plan (SWMP)
development
• The central element of the applications was the
development of a SWMP.
MS4 NPDES Permitting Program
Phase I Permit
• SWMPs were required to include specific categories of
best management practices (BMPs).
− water quality standards for new development
− construction site standards (erosion control)
− illicit discharge detection and elimination programs
− street operations and maintenance
− public education
− public involvement
• BMPs were to be implemented to
reduce the discharge of pollutants
to the “maximum extent
practicable” (MEP).
• Monitoring and annual reporting also required.
MS4 NPDES Permitting Program
Phase I Permit
• 1995–First Phase I permits in Oregon were issued for
a 5-year term. Permits were individual permits and
required SWMP implementation.
• 2000–Applications for Phase I permit renewals were
submitted.
MS4 NPDES Permitting Program
Phase I Permit
• 2000: Third parties expressed concern that the
permits should require that stormwater discharges:
• meet state water quality standards, and
• be subject to numeric effluent limits to address TMDL
waste load allocations (WLAs).
• 2000-2003: An advisory
group to DEQ was formed
to discuss third-party
concerns.
MS4 NPDES Permitting Program
Phase I Permit
• 2004: New municipal Phase I NPDES permits were issued by
DEQ (2004–2009).
• 2004: Resolution–TMDLs for stormwater were addressed in
the Phase I permits through a requirement to develop
benchmarks.
• 2004 – 2009: 2nd permit term.
• 2010: beginning of issuance of 3rd permits .
Total Phosphorus
Pollutant loading
range
40
Pollutant Load Benchmark
35
• Next Permit?????
10
5
Future Loads With BMPs
15
WLA
20
Calculated Loads W/BMPs
30
25
Projected Loads With BMPs
• 2015 - 2017 – 3rd permits expired.
45
Loads Without BMPs
• 2012 – 2016: EPA Audits
Total Estimated Load
50
0
Notes:
Depicts appropriate statistical means or medians
MS4 NPDES Permitting Program
Outcome of Lawsuit – April 28, 2010
Finding:
Under state law, MS4 NPDES permits do not require
numeric effluent limits for discharges, even where
stormwater pollutants are subject to TMDLs.
Instead, federal law requires that NPDES permits
relating to MS4 discharges require reduction of "the
discharge of pollutants to the maximum extent
practicable."
MS4 NPDES Permitting Program
Phase II Permits
1999: EPA adopted rules to implement Phase II of the
stormwater program to include smaller communities:
• 2002: DEQ designated 18 Phase II communities in Oregon
• 2003: Phase II permit applications due
• 2004: Phase II SWMPs due to DEQ
• 2007: Between January and April, Phase II Individual MS4
NPDES permits were issued
• 2007–2012: First Phase II permit term
• 2013 - ????: New permits being developed by DEQ, Advisory
Committee Formed
MS4 NPDES Permitting Program
Phase II Permits
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•
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•
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2014 – DEQ staff transition to Lisa Cox.
2015 – DEQ staff transition to Mark Riedel.
2016 – May draft for Stakeholder Advisory Committee.
2016 – July draft for Public Comment (250 comments).
2017 – New draft to include tiers. Anticipated for public comment in
September. Tier 1 >10,000 in population. Tier 2 <10,000 in population.
MS4 NPDES Permitting Program
Phase II Permits
“Urbanized Areas” in Oregon
• Urbanized areas are
defined by the U.S.
Census – 10 year
• Municipalities within
the boundaries are
“automatically”
included in the Phase II
stormwater program
• Population ranges
from 70,000 (Bend
and Medford) down to
1,500 (Turner)
Slide from DEQ – Greg Geist
MS4 NPDES Permitting Program
Phase II Permits
December 2002- DEQ designated its’ 18 Phase II communities.
• Portland Metro
• Troutdale
• Wood Village
• Salem
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•
•
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Keizer
Turner
Portion of Marion Co.1
Portion of Polk Co.1
• Eugene – Springfield
• Springfield
• Portion of Lane Co.1
1 Phase
• Medford
• Ashland
• Medford
• Rogue Valley Sewer Services
• Central Point
• Phoenix
• Talent
• Portion of Jackson Co.1
• Corvallis
• Corvallis
• Philomath
• Portion of Benton Co.1
• Bend
II MS4 permits cover portions of counties that are located within U.S. Census-defined Urbanized Areas.
MS4 NPDES Permitting Program
Phase II Permits
New communities identified for the next Phase II permit.
Current NPDES MS4 Permit
Requirements
General Phase I and II Requirements
• Implementation of the SWMP that addresses specific program
areas (6 minimum measures):
− public education and outreach
− public involvement
− illicit discharges
− construction site erosion control
− post-development stormwater management
− municipal operations
• Annual reporting
Public Education and Public Involvement
Requirements:
• Implement a public education program
and distribute public education materials.
• Adopt a public participation process.
Example activities:
• recognition awards
• printed brochures
• school programs
• storm drain stenciling
Illicit Discharge Detection & Elimination
Requirements:
• Develop, implement and enforce an IDDE
program.
− maps
− ordinance
− dry weather detection program
− inform the public
− respond to complaints
Construction Stormwater Runoff Controls
Requirements:
• Develop, implement and enforce a program to
reduce pollutants from construction activities.
• Applies to sites that are 1,000 ft2 or larger (1
acre for Phase II permits)
• Dual regulation-Both DEQ
and local municipalities
regulate construction
projects
Example activities:
• adopt an ordinance
• conduct plan reviews and
site inspections
• refine BMP requirements
New Development and Redevelopment
Requirements:
• Develop, implement and enforce a
program to address pollutants from
new and re-development.
• Permittees “must ensure that
controls are in place that…
minimize water quality impacts”
Example activities:
• implement water quality and quantity
design requirements for onsite treatment
Pollution Prevention from Municipal
Operations
Requirements:
• Develop and implement an O&M
program to reduce pollutants from
municipal operations
• Conduct employee training
Example activities:
• street sweeping,
• catch basin cleaning
• maintenance of structural controls
New NPDES MS4 Phase II Permit
Requirements
Anticipated Phase II Requirements
• Moving from individual permits to general permits.
• More prescriptive.
• More stringent.
• Note remand rule.
• Noteworthy changes in first public draft:
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−
−
−
Retention standard
Reduced threshold for post-construction standards
Reduced threshold for construction standards
Investigation of the storm system (not just outfalls)
Current NPDES MS4 Phase I Permit
Requirements
Evolution of Requirements Beyond the Six
Minimum Measures (Phase I only)
• SWMP requirements:
− industrial and commercial inspections
− private water quality facility maintenance
− additional, more specific requirements for
new and redevelopment activities
• Additional monitoring requirements
− pesticides
− mercury
− macro invertebrates
• Adaptive management process–Review
and refine BMPs
USGS Pesticide Study
Current NPDES MS4 Phase 1 Permit
Requirements
Evolution of Requirements
Beyond the Six Minimum
Measures (continued)
• TMDL Benchmarks
• Hydromodification assessment
• Retrofit strategy
• Construction of a retrofit
• WLA attainment assessment
Industrial NPDES Permitting (stormwater
runoff)
• 1200-Z Permit–applies to industries throughout the
state, based on Standard Industrial Classification (SIC)
codes
• 1200-COLSB Permit–applies to industries in the
Columbia Slough Watershed
• 1200-A – Applies to mining activities
• Individual permits
• May not need a permit if a No Exposure Certification is
obtained–industrial materials and activities are not
exposed to rain, snow or runoff
Industrial NPDES Permitting
• Submit application (SWPCP)
• Public notice of the application
• Best Management Practices (referred to as narrative
technology based effluent limits)
• Monitoring (four times per year)
• Additional monitoring for discharges to impaired waters and
some specific industrial sectors
• Benchmark requirements
• Corrective actions (Tier 1 and Tier 2)
• Inspections
• Documentation and reporting
Industrial NPDES Permitting – Proposed
Changes
• Combine 1200Z and COLS (COLSB to bridge the gap).
• Adding additional coverage for the Portland Harbor.
• All monitoring exceedances require Tier 1 corrective
action reports.
• Geographic specific benchmarks.
• Lowered benchmarks for TSS to 30 mg/L in the CS
and the Portland Harbor.
• Calculating copper benchmark based on the biotic
ligand model.
• Requiring coverage if an industrial facility only
discharges dispersed runoff.
Construction Site NPDES Permitting for
Erosion Control
• 1200-C Permit – applies to 1 acre or more.
• 1200-C Agents
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−
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CWS
Eugene
Clackamas
RVSS
Hermiston
Troutdale
• 1200-CN Permit – applicant complies with local
program and does not have to register with DEQ if City
is listed in the CN Permit.
• 1200-CA – For government agencies – expired in
2005, not planned for reissuance.
Section II
Safe Drinking Water Act:
Class V UICs–Stormwater Runoff
UICs, Sumps, Drywells…
Class V UICs
• Options for compliance
− Exemption (roof runoff)
− Rule authorization
− Permitting (WPCF Permit)
• Decommissioning (construct conveyance to discharge to
surface waters)
• Retrofit to meet rule authorization criteria
• Provide sufficient pre-treatment
Class V UICs
• Rule authorization
− No discharge into or below the highest seasonal
groundwater
− Confinement barrier (filtration medium) must be present
10 feet below the bottom of the dry well and 4 feet below
the bottom of a soakage trench
− UICs must be located:
• more than 500 feet from domestic wells
• more than 500 feet from, or outside of, the
2-year time of travel from any public water supply wells
− Spill control must be present
− No exposure to hazardous materials
WPCF Permit Requirements
For jurisdictions with >50 UICs:
• System-wide assessment
• Monitoring
• Employee education
• Operations and maintenance
• Spill prevention
• Housekeeping practices (street sweeping, catch basin
cleaning, etc.)
• Assessment of emerging contaminants.
WPCF Permits
Area-wide Permits
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Portland
Gresham
Eugene
Redmond
Bend
Clackamas
Canby
Keizer
Multnomah
ODOT
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Tri-met
Troutdale
Milwaukie
La Grande
Deschutes County
Lane County
Hermiston
Sisters
Umatilla
Class V UICs
• Of the 45 analytes, only ten exceeded a screening level of
interest (maximum contaminant level (MCLs))
• DEQ drywell compliance – maximum allowable discharge limit
(MADL): Only three exceeded one or more of these levels in more
than 1% of samples analyzed:
• Lead
• Pentachlorophenol (PCP)
• Bis(2-ethylhexyl)phthalate (DEHP)
• Concentrations of analytes were significantly higher at sample
locations associated with >1,000 vehicle trips per day, compared
to sample locations associated with <1,000 vehicle trips per day.
• Groundwater protectiveness model developed to assess risks to
groundwater.
Previous guidance on UIC compliance:
Brown and Caldwell
54
Current permit requirement for UIC
compliance:
Brown and Caldwell
55
Gresham demonstration of
protectiveness:
New permit template
that provides an
allowance for
demonstration of
protectiveness.
Section VI
Wrap Up/
Questions?