1. NPDES Permitting – An Overview A&WMA AMS Luncheon Thursday, March 12, 2009 Randall G. York, P.E., BCEE This presentation attempts to present the basics of federal NPDES permits and cannot serve as a standalone summary of applicable requirements (state or federal). You are urged to obtain further information from your permit issuing authority.

2. Items for Todays Discussion History of U.S. Water Pollution Control History of U.S. Water Pollution Control Scope of The NPDES Program Scope of The NPDES Program Types of Permits Types of Permits Overview of Permit Applications Overview of Permit Applications Practical Advice to Ease the Pain Practical Advice to Ease the Pain

3. History of U.S. Water Pollution Control Present programs initiated by the 1948 Water Pollution Control Act Present programs initiated by the 1948 Water Pollution Control Act Federal role strengthened - Water Pollution Control Act Amendments of 1956 & Federal Water Pollution Control Act Amendments of 1961 Federal role strengthened - Water Pollution Control Act Amendments of 1956 & Federal Water Pollution Control Act Amendments of 1961 Water Quality Act of 1965 required States to develop standards Water Quality Act of 1965 required States to develop standards EPA in 1970 - Refuse Act Permit Program (RAPP) (under the 1899 Rivers and Harbors Act) EPA in 1970 - Refuse Act Permit Program (RAPP) (under the 1899 Rivers and Harbors Act) Federal Water Pollution Control Act (FWPCA) Amendments of 1972 were a comprehensive recodification and revision Federal Water Pollution Control Act (FWPCA) Amendments of 1972 were a comprehensive recodification and revision

4. FWPCA Amendments Goals "the discharge of pollutants into navigable waters be eliminated by 1985; "the discharge of pollutants into navigable waters be eliminated by 1985; "an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983"; and "an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983"; and "that the discharge of toxic pollutants in toxic amounts be prohibited". "that the discharge of toxic pollutants in toxic amounts be prohibited".

5. FWPCA Amendments Principles The discharge of pollutants to navigable waters is not a right. The discharge of pollutants to navigable waters is not a right. A discharge permit is required to use public resources for waste disposal and limits the amount of pollutants that may be discharged. A discharge permit is required to use public resources for waste disposal and limits the amount of pollutants that may be discharged. Wastewater must be treated with the best treatment technology economically achievable, regardless of the condition of the receiving water. Wastewater must be treated with the best treatment technology economically achievable, regardless of the condition of the receiving water. Effluent limits must be based on treatment technology performance, but more stringent limits may be imposed if the technology-based limits do not prevent violations of water quality standards in the receiving water. Effluent limits must be based on treatment technology performance, but more stringent limits may be imposed if the technology-based limits do not prevent violations of water quality standards in the receiving water.

6. Scope Of The NPDES Program Under the NPDES Program, all facilities which discharge pollutants from any point source into waters of the United States are required to obtain a NPDES permit Under the NPDES Program, all facilities which discharge pollutants from any point source into waters of the United States are required to obtain a NPDES permit

7. Pollutants Defined very broadly and includes any type of industrial, municipal and agricultural waste discharged into water Defined very broadly and includes any type of industrial, municipal and agricultural waste discharged into water Conventional ( BOD5, TSS, pH, fecal coliform and O&G Conventional ( BOD5, TSS, pH, fecal coliform and O&G Toxic or Priority (metals and organic compounds) Toxic or Priority (metals and organic compounds) Non-conventional (NH3, N, P, COD and WET) Non-conventional (NH3, N, P, COD and WET)

8. Point Source Includes discharges from publicly owned treatment works (POTWs), discharges from industrial facilities and discharges associated with urban runoff Includes discharges from publicly owned treatment works (POTWs), discharges from industrial facilities and discharges associated with urban runoff Direct sources discharge wastewater directly into the receiving water body (NPDES) Direct sources discharge wastewater directly into the receiving water body (NPDES) Indirect sources discharge wastewater to a POTW (National Pretreatment Program) Indirect sources discharge wastewater to a POTW (National Pretreatment Program)

9. Waters of the United States Navigable waters Navigable waters Tributaries of navigable waters Tributaries of navigable waters Interstate waters, and Intrastate lakes, rivers, and streams which are: Interstate waters, and Intrastate lakes, rivers, and streams which are: –used by interstate travelers for recreation and other purposes; –sources of fish or shellfish sold in interstate commerce; or –utilized for industrial purposes by industries engaged in interstate commerce.

10. Types Of Permits Individual Permit is specifically tailored to a facility based on information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality) General Permit covers multiple facilities within a specific category and large numbers of facilities can be covered under a single permit.

11. Permit Issuance Process INDIVIDUALGENERAL

12. NPDES Permits May Be Required for Different Kinds Of Discharges Industrial Wastewater Industrial Wastewater Discharges of Stormwater from Industrial Facilities Discharges of Stormwater from Industrial Facilities Discharges of Stormwater Discharges from Municipal Storm Sewers Discharges of Stormwater Discharges from Municipal Storm Sewers Discharges of Stormwater from Construction Sites Discharges of Stormwater from Construction Sites

13. Industrial Wastewater Process wastewater - Comes into direct contact with process or is covered by an ELG Process wastewater - Comes into direct contact with process or is covered by an ELG Noncontact cooling water (NCCW) - Contained within a closed loop and does not contact process. Noncontact cooling water (NCCW) - Contained within a closed loop and does not contact process. Contact cooling water (CCW) - Contacts process or otherwise becomes or can become contaminated. Contact cooling water (CCW) - Contacts process or otherwise becomes or can become contaminated. Miscellaneous wastewaters – Miscellaneous wastewaters – –Blowdown from boilers or cooling water systems; –Laboratory wastes; –Housekeeping wastewaters; –Seepage from materials, product, or waste storage piles; –Sludge storage/processing operations.

14. Discharges of Stormwater from Industrial Facilities Point source discharge Point source discharge SIC Code Applicability SIC Code Applicability Exposure of Stormwater to Industrial Activities (11 Questions) Exposure of Stormwater to Industrial Activities (11 Questions)

15. Discharges of Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) Phase I (1990) requires larger cities to obtain NPDES permit coverage for stormwater. Phase I (1990) requires larger cities to obtain NPDES permit coverage for stormwater. Phase II (1999) requires regulated small MS4s to obtain NPDES permit coverage for stormwater. Phase II (1999) requires regulated small MS4s to obtain NPDES permit coverage for stormwater. Phase I MS4s typically are covered by individual permits and Phase II MS4s are covered by a general permit. Phase I MS4s typically are covered by individual permits and Phase II MS4s are covered by a general permit. MS4s must implement a stormwater management program to reduce contamination. MS4s must implement a stormwater management program to reduce contamination.

16. Discharges of Stormwater from Construction Sites General NPDES Permit General NPDES Permit –earth disturbance activity with a point source discharge involving 1 to 5 acres –larger plan of development that involves 5 acres –Excludes agricultural, timber, or road maintenance Individual NPDES Permit Individual NPDES Permit –earth disturbance activities that are located in special protection watersheds (high quality, exceptional value, and exceptional value wetlands) –may affect existing water quality standards or threatened or endangered species and habitat –have the potential for hazardous or toxic discharges

17. Major Components of a Permit Cover Page - Name and location of the permittee, statement authorizing the discharge and the specific locations for which a discharge is authorized. Effluent Limits - The primary mechanism for controlling discharges of pollutants and are based on applicable technology-based and water quality- based standards. Monitoring and Reporting Requirements - Used to characterize waste streams and receiving waters, evaluate wastewater treatment efficiency, and determine compliance with permit conditions. Standard Conditions – Pre-established conditions that apply to all NPDES permits and delineate the legal, administrative, and procedural requirements of the permit. Special Conditions - Conditions developed to supplement effluent limit guidelines. Examples include: best management practices (BMPs), additional monitoring activities, ambient stream surveys, and toxicity reduction evaluations (TREs).

18. Major Components of a Permit Application – Individual General Information Form (8000-PM-IT0001) General Information Form (8000-PM-IT0001) Application Fee - $500 Application Fee - $500 Proper evidence of Act 14 municipality and county notification Proper evidence of Act 14 municipality and county notification Proof of local newspaper public notice (for new and substantially changed discharges only) Proof of local newspaper public notice (for new and substantially changed discharges only) Topographic Map Topographic Map Industrial Wastewater - Module 1 Industrial Wastewater - Module 1 Wastewater Treatment Technologies - Module 2 Wastewater Treatment Technologies - Module 2

19. Major Components of a Permit Application – Individual (cont.) Sources Of Wastewater sheet(s) - Module 3 Sources Of Wastewater sheet(s) - Module 3 Analysis Results Table(s) - Modules 4-9 Analysis Results Table(s) - Modules 4-9 Hazardous Substance Table - Module 10 Hazardous Substance Table - Module 10 Toxic Chemicals (Optional) - Module 11 Toxic Chemicals (Optional) - Module 11 Stormwater (if required) - Module 12 Stormwater (if required) - Module 12 Stormwater Sampling Data Table (if required) - Module 13 Stormwater Sampling Data Table (if required) - Module 13 No Exposure Certification (if required) - Module 14 No Exposure Certification (if required) - Module 14

20. Major Components of a Permit Application – General (Industrial Stormwater) Completed NOI (signed) (Facility/Contact info, receiving water and outfall info, analytical data, pollutant info, BMPs and compliance history) Completed NOI (signed) (Facility/Contact info, receiving water and outfall info, analytical data, pollutant info, BMPs and compliance history) NOI filing fee ($100) NOI filing fee ($100) Facility Information Facility Information –Facility Description – Attach a topographic map or sketch indicating the point of discharge at the facility. –Facility Description – Attach a USGS topographic map showing facility and discharge location.

21. Major Components of a Permit Application – General (Construction Stormwater) Completed NOI Form Completed NOI Form Complete Erosion and Sediment Control Plans Complete Erosion and Sediment Control Plans Permit filing fee of $250 (may be other fees) Permit filing fee of $250 (may be other fees) Notifications to the local municipality and county governments that specify Acts 67 and 68 Coordination Notifications to the local municipality and county governments that specify Acts 67 and 68 Coordination Proof of receipt of municipal notifications Proof of receipt of municipal notifications

22. Major Components of a Permit Application – General (Construction Stormwater) (cont.) The PNDI Review for the project area The PNDI Review for the project area Complete Post Construction Stormwater Management Plan Complete Post Construction Stormwater Management Plan Consistency letter from Municipal or County Engineer (where applicable) Consistency letter from Municipal or County Engineer (where applicable) Appendix B Land Use Questions Appendix B Land Use Questions Complete Required Worksheets 1 – 5 (project planning details) Complete Required Worksheets 1 – 5 (project planning details) Checklist for Subsequent Phases (of permitted projects) Checklist for Subsequent Phases (of permitted projects)

23. Practical Advice to Ease the Pain The D and E in NPDES should be taken seriously. No Discharge = No Permit The D and E in NPDES should be taken seriously. No Discharge = No Permit Permitting costs more time and money than most expect. Do the work on the front end and you avoid it altogether. Is discharging to a POTW an option? Permitting costs more time and money than most expect. Do the work on the front end and you avoid it altogether. Is discharging to a POTW an option? Include a narrative. This isn't part of any application but helps in the review process. Describe the operations at the facility, how the wastewater is generated, where and how water is collected, etc. Include a narrative. This isn't part of any application but helps in the review process. Describe the operations at the facility, how the wastewater is generated, where and how water is collected, etc. Get the latest version of the forms from the PADEP website. Get the latest version of the forms from the PADEP website. Closely follow the application instructions. Benefits are obvious! Closely follow the application instructions. Benefits are obvious! Completely fill out the application. Sometime units (gpd, mgd, etc.) are changed without explanation, sections left blank etc. If any of this is deliberate an explanation should be provided. Completely fill out the application. Sometime units (gpd, mgd, etc.) are changed without explanation, sections left blank etc. If any of this is deliberate an explanation should be provided.

24. Practical Advice to Ease the Pain (cont.) Some applications require a minimum number of samples. Be sure this is met. Some applications require a minimum number of samples. Be sure this is met. If you are applying for a new permit that involves stormwater, sample it. The instructions are not clear about this but, but you will be asked to sample the stormwater. If you are applying for a new permit that involves stormwater, sample it. The instructions are not clear about this but, but you will be asked to sample the stormwater. If you are preparing a "design engineers report" for a Part II application be sure to follow the guidance document. If you are preparing a "design engineers report" for a Part II application be sure to follow the guidance document. Spend some time on the site map. Make sure the outfalls are clearly located and update the lat/long if possible. Spend some time on the site map. Make sure the outfalls are clearly located and update the lat/long if possible.

25. Practical Advice to Ease the Pain (cont.) Implement your BMPs. DEP will visit the site before the permit is issued. If the proposed/existing BMPs are not in place, it will delay the permit. Implement your BMPs. DEP will visit the site before the permit is issued. If the proposed/existing BMPs are not in place, it will delay the permit. System design – Keep stormwater separate from industrial waste. Not a requirement, but favorably received by PADEP and in most cases makes sense anyway. System design – Keep stormwater separate from industrial waste. Not a requirement, but favorably received by PADEP and in most cases makes sense anyway. Analyze the application instructions for the sampling requirements and prepare a Sample Protocol document that lists pertinent details. Analyze the application instructions for the sampling requirements and prepare a Sample Protocol document that lists pertinent details. Discuss the Sample Protocol with the DEP permit writer or compliance specialist, especially if there are anomalies like inaccessible sampling points, no-flow situations, less than 24 hour flow situations, etc. Discuss the Sample Protocol with the DEP permit writer or compliance specialist, especially if there are anomalies like inaccessible sampling points, no-flow situations, less than 24 hour flow situations, etc.

26. Practical Advice to Ease the Pain (cont.) Be meticulous in the details. Be meticulous in the details. Plan. Plan some more. Check your Plan. Plan. Plan some more. Check your Plan. Maintain open communications among Facility Operator, Engineer/Consultant, Sampler, Laboratory and PADEP. Maintain open communications among Facility Operator, Engineer/Consultant, Sampler, Laboratory and PADEP.

27. Questions? Randall G. York, P.E., BCEE randall.york@comcast.net Randall G. York, P.E., BCEE randall.york@comcast.net randall.york@comcast.net