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Storm Water Facility Maintenance Responsibilities Training Bureau of Maintenance and Operations.

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Presentation on theme: "Storm Water Facility Maintenance Responsibilities Training Bureau of Maintenance and Operations."— Presentation transcript:

1 Storm Water Facility Maintenance Responsibilities Training Bureau of Maintenance and Operations

2 Attendance Tracking & Certificates PennDOT Attendees: – Complete the Highway Administration Sign-in Sheet and send to District Training Coordinator – Certificates are mailed by Central Office within a few weeks to those who are listed on Sign-In Sheet – PennDOT Training Record is updated by Central Office

3 Attendance Tracking & Certificates Business Partners: – By May 4, send to: – Subject line: May 1 Storm Water Webinar Attendance – Include: First and last name (as you want to appear on certificate) Company name Complete mailing address (street, city, state and zip code)

4 Training Goal To educate front-line personnel in current Department policy and law 4 Copyright © 2012 by the Commonwealth of Pennsylvania. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without prior written permission by PennDOT.

5 5 Learning Outcomes At the end of training, you will be able to: Apply Department storm water policy consistently Apply Department storm water policy consistently Know why the policies changed Know why the policies changed

6 This will be placed on the web- under HOPs also see new website dBOMO.nsf/BOMOHomepage?OpenFrameset dBOMO.nsf/BOMOHomepage?OpenFrameset 6

7 Applicable Laws & Reports 1945 State Highway Law 1945 State Highway Law Storm Water Management Act – 1978 Storm Water Management Act – 1978 Transportation Advisory Committee Report – 2007 Transportation Advisory Committee Report – 2007 Environmental Protection Agency MS4/ NPDES Environmental Protection Agency MS4/ NPDES 7

8 1945 State Highway Law & Policy Sproul Act – (1911) Sproul Act – (1911) Differences in required maintenance between cities, boroughs and townships Differences in required maintenance between cities, boroughs and townships – see curb to curb exhibits Ditch & Drainage Act (section 417) Ditch & Drainage Act (section 417) – Chapter 8.3 of Pub 23 Act of 1961 & amendments Act of 1961 & amendments Home Rule Home Rule – (not part of 1945 law) 8

9 The Common Enemy Doctrine 9

10 The Civil Law Rule & Reasonable Use Rule 10

11 Act Storm Water Management Act (1978) The Storm Water Management Act was enacted in response to the impacts of accelerated storm water runoff resulting from land development in the state. It requires counties to prepare and adopt watershed-based storm water management plans, and requires local governments to adopt and implement ordinances to regulate development consistent with these plans. Click above to go to file What if no plan exists? PennDOT is required to comply with a County plan, but not a local ordinance NPDES is different and road maintenance activity has an exemption 11

12 TAC Report Pennsylvania State Transportation Advisory Committee (TAC) – Legislature – Public – State Agencies The TAC report recognized that management of storm water on state highways is a complex issue. Legally, cities and boroughs have the responsibility for maintenance of storm water facilities along state highways. Department policy requires townships to maintain storm water systems as well; however, this remains disputed. It also recognized that the Department’s policies for the maintenance of state highways have their roots in the State Highway Law of 1945, which is the basis of the Department’s curb-to- curb maintenance policy. The TAC Report did not say PennDOT is not handling its policies in accordance with law. 12

13 Reporting of illicit discharge in urban areas- however Reporting of illicit discharge in urban areas- however Utilize existing resources (STAMPP and County) Utilize existing resources (STAMPP and County) Policy being developed Policy being developed EPA Initial findings EPA Initial findings Need Process for Basins Need Process for Basins Staff needs to know what MS4 is Staff needs to know what MS4 is 13 EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems (MS4s)

14 OVERVIEW Phase I, issued in 1990, requires medium and large cities or certain counties with populations of 100,000 or more to obtain NPDES permit coverage for their storm water discharges. Phase II, issued in 1999, requires regulated small MS4s in urbanized areas, as well as small MS4s outside the urbanized areas that are designated by the permitting authority, to obtain NPDES permit coverage for their storm water discharges. Each regulated MS4 is required to develop and implement a storm water management program (SWMP) to reduce the contamination of storm water runoff and prohibit illicit discharges. WHAT IS AN MS4? An MS4 is a conveyance or system of conveyances that is: Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.; Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.; Designed or used to collect or convey storm water (including storm drains, pipes, ditches, etc.); Designed or used to collect or convey storm water (including storm drains, pipes, ditches, etc.); Not a combined sewer; and Not a combined sewer; and Not part of a publicly owned treatment works (sewage treatment plant). Not part of a publicly owned treatment works (sewage treatment plant). 14 EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems (MS4s)

15 The general requirement is to develop and implement a Storm Water Management Program (SWMP) of Best Management Practices (BMPs) to reduce the discharge of pollutants from your regulated small MS4 to the Maximum Extent Practicable (MEP). The six (6) Minimum Control Measures (MCMs) are: 1.Public Education & Outreach. 2.Public Participation/Involvement. 3.Illicit Discharge Detection and Elimination. 4.Construction Site Runoff control. 5.Post-Construction Runoff control. 6.And, Pollution Prevention/Good Housekeeping. Reporting is required in the First (1 st ), Third (3 rd ) and Fifth (5 th ) Permit Years. Includes additional requirements of identification and screening of Dry Weather Flow sites (flow that continues greater then 72 hours after a rain event). Includes additional requirements of identification and screening of Dry Weather Flow sites (flow that continues greater then 72 hours after a rain event). Each MCM requires implementation of BMPs to meet Measurable Goals according to an approved schedule. Each MCM requires implementation of BMPs to meet Measurable Goals according to an approved schedule. 15 Reporting

16 EPA – Storm Water Discharges From Municipal Separate Storm Sewer Systems (MS4s) There are additional requirements for small regulated MS4s that discharge to: impaired waters within approved Total Maximum Daily Load (TMDL)s; impaired waters without approved TMDLs; or watersheds draining into the Chesapeake Bay. PennDOT’s original permit expired May 27, PennDOT’s current permit began on July 17, 2011 and runs through July 16, PennDOT’s MS4 committee is currently developing reporting criteria. It is anticipated to be completed April It is anticipated to be completed April EPA/DEP is finalizing requirements for TMDLs for discharges that include nutrients, sediments, Acid Mine Drainage, PCBs, etc. A “Waste Load Allocation” (WLA) amount may also be assigned for a particular impaired waterway. A “Waste Load Allocation” (WLA) amount may also be assigned for a particular impaired waterway. Currently No TMDLs or WLAs have been assigned to PennDOT. Currently No TMDLs or WLAs have been assigned to PennDOT. 16 Reporting Continued

17 Policy Changes What policies changed? What policies changed? Why are the changes necessary? Why are the changes necessary? 17

18 Summary of Pub 170/ 282 Local Government must be co-applicant when connecting onto existing facilities Local Government must be co-applicant when connecting onto existing facilities Local Government can enter into side agreement with development and collect security Local Government can enter into side agreement with development and collect security 18

19 Collateral Impacts Automated process for HOP pipes into RMS Automated process for HOP pipes into RMS 19

20 Summary of Pub 23 Cities/ Boroughs- no change, PennDOT not responsible Cities/ Boroughs- no change, PennDOT not responsible Townships- change, PennDOT assumes structural conditions where no agreement exists Townships- change, PennDOT assumes structural conditions where no agreement exists PennDOT not responsible for lack of capacity PennDOT not responsible for lack of capacity 20

21 “Drainage” became “Storm Water” Strike-off Letter effected this nomenclature change in three existing documents and introduced the Guidebook Strike-off Letter effected this nomenclature change in three existing documents and introduced the Guidebook The term “drainage” can still be.. The term “drainage” can still be.. 21

22 Historical Perspective In 1984 a similar situation occurred: the Department needed to remove all references to “guard rail” and replace them with “guide rail” in order to avoid misleading the traveling public, and therefore, minimize liabilities In 1984 a similar situation occurred: the Department needed to remove all references to “guard rail” and replace them with “guide rail” in order to avoid misleading the traveling public, and therefore, minimize liabilities Rooted in legal casework Rooted in legal casework 22

23 When is an Agreement needed? An important outcome was Districts’ requests for Central Office to develop a consistent policy in regard to municipal agreements An important outcome was Districts’ requests for Central Office to develop a consistent policy in regard to municipal agreements Result is the flow diagrams and associated sample correspondence disseminated under a future Strike-off Letter, or included as in-house direction Result is the flow diagrams and associated sample correspondence disseminated under a future Strike-off Letter, or included as in-house direction 23

24 Flow Charts Process Flow Charts for the Installation and Replacement of Storm Water Facilities Process Flow Charts for the Installation and Replacement of Storm Water Facilities Exhibits 8A (for Cities and Boroughs) and 8B (for Townships) to Chapter 8 of Pub. 23, Maintenance Manual Exhibits 8A (for Cities and Boroughs) and 8B (for Townships) to Chapter 8 of Pub. 23, Maintenance Manual 24

25 Collateral Impacts For flow charts-Pub. 584, Drainage Manual – the following direction will be included in a future revision For flow charts-Pub. 584, Drainage Manual – the following direction will be included in a future revision 25

26 Application of the Policies New Housing Development Lyters Ln, Lower Paxton Twp., Dauphin County Curbing from development wrapped along state highway Stream/ wetlands/ natural swale Entrance to early 90’s housing development Enclosed storm water facility due to curbing

27 Application of the Policies New Housing Development Conway Road, Lower Paxton Twp., Dauphin County No curbing along highway Grassy Swales

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32 Attendance Tracking & Certificates PennDOT Attendees: – Complete the Highway Administration Sign-in Sheet and send to District Training Coordinator – Certificates are mailed by Central Office within a few weeks to those who are listed on Sign-In Sheet – PennDOT Training Record is updated by Central Office

33 Attendance Tracking & Certificates Business Partners: – By May 4, send to: – Subject line: May 1 Storm Water Webinar Attendance – Include: First and last name (as you want to appear on certificate) Company name Complete mailing address (street, city, state and zip code)

34 34 Internal Storm Water Training file location: P:\penndot shared\Bureau of Maintenance and Operations\Maintenance Division\Drainage P:\penndot shared\Bureau of Maintenance and Operations\Maintenance Division\Drainage

35 Contact Info For clarifications and follow-up questions: Daryl St. Clair, BOMO (717)


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