1. Compliance with Stormwater Regulations

2. Module Topics The Clean Water Act (CWA)
National Pollutant Discharge Elimination System (NPDES) Program
EPA Stormwater Multi-Sector General Permit (MSGP)
Testing and Sampling
State Specific General Permit

3. The Clean Water Act (CWA)

4. The Clean Water Act (CWA)
The cornerstone of surface water quality protection in the United States
does not deal directly with ground water nor with water quantity issues
Employs a variety of regulatory and non-regulatory tools
to sharply reduce direct pollutant discharges into waterways
finance municipal wastewater treatment facilities
manage polluted runoff
Achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters

5. Major CWA Programs Water quality standards Antidegradation policy
includes three major components: designated uses, water quality criteria, and antidegradation provisions
Antidegradation policy
policy designed to prevent deterioration of existing levels of good water quality
Waterbody monitoring and assessment
ambient monitoring is also needed to ensure that this is the case

6. Major CWA Programs Reports on condition of the Nation’s waters
Total maximum daily loads (TMDLs)
a strategy to meet water quality standards,
TMDLs determine what level of pollutant load would be consistent with standards
also allocates acceptable loads among sources of the relevant pollutants

7. Major CWA Programs NPDES permit program for point sources
Section 319 program for nonpoint sources
pollution that, unlike pollution from industrial and sewage treatment plants, comes from many diffuse sources
Section 404 program regulating filling of wetlands and other waters
lands where saturation with water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil and on its surface (Cowardin, December 1979)

8. Major CWA Programs Section 401 state water quality certification
requires federal agencies to obtain certification from the state, territory, or Indian tribes before issuing permits that would result in increased pollutant loads to a waterbody
State revolving loan fund (SRF)
provides large amounts of money in the form of loans for municipal point sources, nonpoint sources, and other activities

9. Clean Water Act Goals and Standards
Section 101(a)(2): Establishes “fishable and swimmable” goal
Section 303(c): Establishes framework for water quality standards program and requires States to establish water quality standards
Section 304(a): Requires EPA to develop and publish recommended water quality criteria
Section 301(b)(1)(C): Requires compliance with limits necessary to meet water quality standards 9

10. Healthy Waters Start with Water Quality Standards
Standards and guidelines are established to protect water for designated uses such as:
drinking,
recreation,
agricultural irrigation, or
protection and maintenance of aquatic life.
Other standards include:
Protection of aquatic life, including fish, and fish-eating wildlife such as birds

11. Healthy Waters Start with Water Quality Standards
Standards also drive water quality restoration activities:
By determining which waterbodies must be addressed
Identifying what level of restoration is necessary
Which activities need to be modified to ensure that the waterbody meets its minimum standards
By designating one or more beneficial uses for each waterbody and establishing a set of criteria that protect those uses

12. Regulatory Hierarchy

13. National Pollutant Discharge Elimination System (NPDES)
Program

14. National Pollutant Discharge Elimination System (NPDES)
The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained
NPDES
A national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to waters of the United States
Discharges are illegal unless authorized by an NPDES permit.

15. Types of Permits
Specific NPDES program areas applicable to industrial sources are:
Process Wastewater Discharges
Non-process Wastewater Discharges
Industrial Stormwater Program

16. NPDES in the Ready Mixed Concrete and Aggregates Industry
As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. 16

17. What Exactly is an NPDES Permit?
It is a license . . .
Issued by the government to persons conducting business in the United States
Granting permission to do something which would be illegal in the absence of the permit
There is no right to a permit and it is revocable for cause (non-compliance)
An NPDES permit is a license to discharge 17

18. Definition of Discharge
In its simplest concept, discharge means outflow and is used as a measure of the rate at which a volume of water passes a given point
it can be used to describe the flow of water from a pipe or a drainage basin
stormwater discharge
Any water runoff, snowmelt runoff, surface runoff, or drainage that comes into contact with industrial or commercial operations/activities and enters the waters of the United States or a municipal separate storm sewer system.

19. NPDES Statutory Framework
All point sources
discharging pollutants
into waters of the U.S./State
Must obtain an NPDES permit from EPA or an authorized state 19

20. Authorized State Programs
Blue – NPDES obtained from EPA, Others – NPDES obtained from State Programs

21. Who Must Apply for a NPDES Permit?
Anyone who discharges pollutants or proposes to discharge pollutants to waters of the U.S. [122.21(a)] 21

22. Authorization to Discharge Under the NPDES
The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States"
unless they have an NPDES permit
Point Source Discharges
Discrete conveyances, such as pipes or man made ditches that discharge pollutants into waters of the United States
The permit contains limits on what can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health
In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants

23. Two Types of Permits Individual General
requires facilities to submit detailed application forms on which the permitting authority develops a facility-specific NPDES permit
General
EPA's industrial stormwater general permit is known as the multi-sector general permit (MSGP)
Many States have an equivalent general permit
For example: Maryland has a Mineral Mine Permit
Covers a wide range of industrial and commercial activities and includes requirements that apply more broadly to this type of dischargers
Must first develop a Stormwater Pollution Prevention Plan (SWPPP)
Submit a Notice of Intent (NOI)
Permit generally good for five years

24. Types of NPDES Discharges
Stormwater
Process Water
Wastewater
Total Suspended Solids (TSS)
Settleable Solids (SS) pH
Oil and grease
Combined Discharge
Effluent Limits

25. Stormwater Runoff
Stormwater is the runoff generated from rain, melting snow, or other forms of precipitation
Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. waterbodies which do not meet water quality standards 25

26. Point Source Stormwater Discharge Associated with Industrial Activity
The discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage area at an industrial plant

27. Common Sources of Pollutants from Stormwater Runoff
Uncovered outside fuel dispensing
Uncovered outside vehicle maintenance
Contaminated or oil soaked pallets
Open dumpsters or compactors
Compressor or cooling system blow down discharging onto the ground or into the sewer
Uncovered loading dock platforms
Uncovered storage tanks
Outside storage of chemicals and/or empty containers
Visible materials on roofs, driveways or sides of buildings
Equipment stored outside or uncovered (machine fluids, oil, and grease)
Piles of material, including dirt, sand, aggregates, etc.

28. Process Water
Process Water – the wastewater generated from various processes at a facility
Washing of aggregates
Truck washing
Mobile equipment cleaning stations 28

29. Process Water Sand and gravel wash water Quarry dewatering
Dust control water
Equipment wash water
Wheel wash water

30. Combined Discharge
When stormwater mixes with process water, then the mix must be treated as process water

31. Effluent Limits
Any restriction imposed on quantities, discharge rates, and concentrations of "pollutants" which are "discharged" from "point sources" into "waters of the United States," the waters of the "contiguous zone," or the ocean.

32. EPA Stormwater Multi-Sector
General Permit (MSGP)

33. EPA Multi-Sector General Permit (MSGP)
Effective on September 29, 2008 (Re-Issued)
Covering 29 Industrial Sectors
Sector E - GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS
Sector J - MINERAL MINING AND DRESSING
EPA Regions Covered
Alaska
Idaho
New Mexico
New Hampshire
Massachusetts DC
U.S. Territories (except Virgin Islands)

34. EPA Multi-Sector General Permit (MSGP)
The MSGP regulates the discharge of stormwater from an estimated 4,100 industrial facilities in 29 different industrial sectors
The final permit offers several changes from the MSGP 2000, including a reorganized permit that clearly spells out:
requirements affecting the installation of stormwater controls to meet technology-based and water quality-based effluent limits
inspection and effluent monitoring requirements
development of the stormwater pollution prevention plans (SWPPPs)

35. EPA Multi-Sector General Permit (MSGP)
New requirements to annually report inspection findings and the results of corrective actions to EPA
Improved tools for identifying receiving waters and notifying EPA of the location of impaired waterbodies and the pollutants of concern
Fast and easy electronic submission of Notice of Intent (NOI) through the e-NOI system operated by Headquarters
with automated explanations and reminders of monitoring requirements
Electronic submission of monitoring results under the e-NOI system

36. Notice of Intent
Electronic (if covered under EPA’s multi-sector general permit)
Website

37. Notice of Intent

39. Testing and Sampling

40. Water Quality Regulations
For aggregate operations:
Limits on sediment (total suspended solids {tss} and settleable solids {ss})
Limits the pH of process wastewater and mine pit discharges to waterways
For ready mixed operations:
Limits on suspended solids
Limits the pH and oil
The limits are attainable respectively by settling, neutralization, and flotation

41. VIDEO

42. Testing Temperature Flow pH (Hydrogen Ion) Settleable Solids (SS)
Total Suspended Solids (TSS)
Oil & Grease/TPH

43. Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities (continued)
Activity
Pollutant Source
Pollutant
Concrete Product Manufacturing
Storage of materials
Exposed aggregate (sand and gravel), concrete, shale, clay, limestone, slate, slag, and pumice
TSS, COD, pH
Material handling
Exposed aggregate, concrete, shale, clay, limestone, slate, slag, and pumice as well as spills or leaks of cement, fly ash, admixtures and baghouse settled dust
TSS, COD, pH, lead, iron, zinc
Mixing concrete
Spilled aggregate, cement, and admixture
TSS, pH, COD, lead, iron, zinc
Casting/forming concrete products
Concrete, aggregate, form release agents, reinforcing steel, latex sealants, and bitumastic coatings
TSS, pH, O&G, COD, BOD
Vehicle and equipment washing
Residual aggregate, concrete, admixture, O&G in washwater
TSS, pH, COD, O&G
Exposed gypsum rock, synthetic gypsum, recycled gypsum and wallboard, stucco, perlite ore/expanded perlite, and coal
Exposed or spilled gypsum rock, synthetic gypsum, recycled gypsum and wallboard, stucco, perlite ore/expanded perlite, and coal
TSS, pH, COD
Crushing/grinding of gypsum rock
Exposed or spilled gypsum rock and dust
TSS, pH
All Facilities
Equipment/vehicle maintenance
Leaks or spills of gasoline, diesel, fuel, and fuel oil
O&G, BOD, COD
Parts cleaning
COD, BOD, O&G, pH
Waste disposal of solvents, oily rags, oil and gas filters, batteries, coolants, and degreasers
O&G, lead, iron, zinc, aluminum, COD, pH
Fluid replacement including lubricating fluids, hydraulic fluid, oil transmission fluid, radiator fluids, solvents, and grease
O&G, arsenic, lead, cadmium, chromium, COD, benzene
Vehicle fueling
Gas/diesel fuel, fuel additives

45. Temperature
The amount of oxygen that can dissolve in water is limited by the temperature of the water.
The colder the water, the more oxygen it can hold.
However, even at the warmest temperatures seen in the Chesapeake Bay (around 91o), water is capable of having dissolved oxygen concentrations of 6 to 7 mg/L.
So while high water temperatures can affect dissolved oxygen levels, they are not solely responsible for the low-oxygen areas found in the Bay each summer.
Elevated temperatures impacts aquatic life.

47. Flow Flow directly affects the amount of oxygen dissolved in the water
Higher volumes of faster moving water increases the turbulent diffusion of atmospheric oxygen into the water
Low flow conditions are much less conducive to oxygenation and when water temperature is high, dissolved oxygen (DO) levels can become critically low
The amount of sediment and debris a stream can carry also depends on its flow since higher velocity increases stream bank and stream channel scouring and erosion, and also keeps particulate materials suspended in the water

48. Measured Flow
The general permit authorizes the discharge of material washing water to surface water or ground water, and of water pumped from mine pits, and stormwater runoff to surface water.
For concrete plants, it authorizes the discharge of excess process water, stormwater, and equipment and mixer-truck wash water to ground water or surface water.

49. pH
A pH range of 6.0 to 9.0 appears to provide protection for the life of freshwater fish and bottom dwelling invertebrates

50. Impact of High pH pH measures hydrogen ions in liquids
Logarithmic scale (like Richter Scale)
Example pH readings (scale is 0-14)
7 – Distilled Water
10 – Kills Fish
12 – Concrete Washout
12.5 – Hazardous Waste
Washout is 100,000 times more concentrated than distilled water

51. Sediment Pollution
Silt
Sand
Gravel
Stones
Boulders

52. Sediment
Discharges from mines, quarries, borrow pits, and concrete plants can significantly impact surface waters because of sediment in water and runoff from material storage and handling areas.
Ready mixed operations can generate sediment-laden and caustic wastewater.

53. Sediment
Limits on sediment (total suspended solids (tss) and settleable solids (ss) are in place to contain the flow of sediment into water

54. Oil and Grease
The general permit for all operations requires “NO VISIBLE SHEEN” for oil & grease or total petroleum hydrocarbons (TPH).
No oil & grease or TPH can be discharged to any waters of the State.

56. Testing and Sampling Records of monitoring information shall include:
The date, exact place, and time of sampling or measurements;
The individual(s) who performed the sampling or measurements;
The date(s) analyses were performed;
The individual(s) who performed the analyses;
The analytical techniques or methods used; and
The results of such analyses.
Monitoring results must be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, unless other test procedures have been specified in the permit.

57. NON-COMPLIANCE

58. Common Violations
Failure to develop site-specific SWPPP and maintain on-site
Unauthorized discharge of process wastewaters from stone washing operations, concrete wash out pits, vehicle washing operations, and sanitary wastewaters
Failure to apply for coverage under the permit, i.e., unauthorized discharge of SWs
Effluent Violations-TSS, O/G, and pH in MSGP (state permits may have other limits as well)
Benchmark exceedences for total Iron, and TSS

59. Common Violations
Failure to implement permit when coverage was sought:
Inadequate or missing BMPs
Failure to document BMP inspections
Failure to document routine facility inspections
Failure to perform and document quarterly visual outfall inspections
Failure to perform and document annual comprehensive site evaluations

61. After the Storm:
In 2007 after a storm, sediment-laden stormwater was discharged from a development site into a local stream. The stormwater control devices did not hold up against the stormwater flow.

62. Non-Compliance Notification
If the facility experiences any upsets or permit non-compliances, EPA or authorized state must be notified within 24 hours by telephone
Followed up in writing within five days
This requirement becomes critical for some receiving streams

63. State Specific General Permit

64. Authorized State Programs

65. Maryland Department of the Environment = Regulator65

66. Division of State Documents
Regulations
Code of Maryland Regulations (COMAR)
Title 26:
Maryland Department of the Environment
Division of State Documents 66

67. Maryland General Permits
3.02 INDUSTRIAL WASTEWATER/STORMWATER GENERAL DISCHARGE PERMITS PURPOSE
General permits with standardized permit conditions have been established for surface and ground water discharges from:
Stormwater associated with industrial activities
Surface coal mines
Mineral mines, quarries, borrow pits, ready mixed concrete and asphalt plants
Seafood processors
Hydrostatic testing of tanks and pipelines
Marinas
Concentrated animal feeding operations
AUTHORITY
FEDERAL: Federal Clean Water Act
STATE: Environment Article, Title 9, Subtitle 3; COMAR through

68. General Permit for Discharges from Mineral Mines, Quarries, Borrow Pits and Concrete and Asphalt Plants
This permit covers mineral mines, quarries, borrow pits, and ready mixed and asphalt (bituminous concrete) plants having wastewater discharges to surface or ground waters within the territorial boundaries of the State of Maryland
The general permit authorizes the discharge of material washing water to surface water or ground water, and of water pumped from mine pits, and stormwater runoff to surface water

69. General Permit Fact Sheet compliance with Federal regulations found in 40 CFR 436.22.
For aggregate operations:
Limits on sediment (total suspended solids and settleable solids)
Limits the pH of process wastewater and mine pit discharges
Temperature
Flow
For ready mixed operations:
Limits on total suspended solids
Limits the pH and oil

70. General Permit for Discharges from Mineral Mines, Quarries, Borrow Pits and Concrete and Asphalt Plants
For concrete plants, it authorizes the discharge of excess process water, stormwater, and equipment and mixer-truck wash water to ground water or surface water.

71. GENERAL DISCHARGE PERMIT NO. 00MM GENERAL NPDES PERMIT NO. MDG49
FACT SHEET
FOR DISCHARGES FROM MINERAL MINES, QUARRIES, BORROW PITS AND CONCRETE AND ASPHALT PLANTS
***********
GENERAL DISCHARGE PERMIT NO. 00MM
GENERAL NPDES PERMIT NO. MDG49
General permits are discharge permits issued for classes of discharges.
Discharges are result of a particular operation or treatment process and are very similar in effluent characteristics.
Each general permit provides effluent limitations and conditions which the dischargers must meet.
Discharges subject to the same enforcement actions as individual discharge permits.

74. Eligible Discharges
The discharges listed below are covered by this general permit:
Infiltrated ground water pumped from mines to surface waters
Process generated wastewater to surface or ground waters
Stormwater runoff from mine sites, concrete plants, brick factories with mines and asphalt plants to surface waters
Wastewater from washing mixer trucks and concrete mixing equipment to surface or ground waters
Miscellaneous wastewater from spillage at ready mixed plants to surface or ground waters

75. Upcoming Changes in Maryland
Making stormwater pollution prevention plans available for review (probably via website)
Changing wet weather limits to total suspended solids monitoring rather than settleable solids, except in very large storms
Addressing TMDLs differently, since many Maryland waters are sediment impaired
More information on additives used for ready mixed, may include some toxicity testing or biomonitoring for ready mixed additives 

76. KEEPING THE ENVIRONMENT CLEAN