1. pH Understanding The New Stormwater Regulations ~ An Introduction For Municipal Officials Stephen J. Souza, Ph.D Princeton Hydro, LLC Suite 1, 1108 Old York Rd. P.O. Box 720 Ringoes, New Jersey 08551 Stephen J. Souza, Ph.D Princeton Hydro, LLC Suite 1, 1108 Old York Rd. P.O. Box 720 Ringoes, New Jersey 08551 pH

2. Understanding The New Stormwater Regulations ~ An Introduction For Municipal Officials Ten Towns Committee Great Swamp Watershed Management Committee

3. pH Why Bother ??? Over 60% of existing water quality problems are the result of non-point source pollution linked to stormwater runoff Stormwater runoff can degrade the quality of wetlands, surface water and groundwater This impacts the ecological, recreational and aesthetic attributes of of these resources Degraded surface and groundwater can cause or lead to human health impacts

4. pH Hydrologic Response Pre- Development 40% Evapo- Transpiration 45 - 50% Recharge 10-15% Runoff

5. pH Hydrologic Response Post- Development 30 % Evaporation 15 % Recharge 55 % Runoff 10% or greater impervious cover enough to impact stream channels

6. pH Watershed Development and Water Pollution Particulate Matter (TSS) Nutrients (nitrogen and phosphorus) Heavy Metals (lead, zinc, copper, etc.) Petroleum Hydrocarbons Pathogenic Organisms Others (acid rain, pesticides, road salt, algal by-products) Increase in the rate, amounts and types of pollutants

7. pH Types of NPS Pollution Litter Lawn Fertilizers House/garden Pesticides Household Hazardous Products (e.g. paint thinner) Motor Oil Car Washing Pet Waste

8. pH Phase II - Municipal Regulations In 1999 the USEPA adopted rules for the nation-wide NPDES permits for municipal stormwater discharges from small construction sites and municipalities (implement Section 402(p)(6) of the Clean Water Act) States were required to adopt municipal stormwater management rules by March of 2003 The rules pertain to MS4s – Municipal Separate Storm Sewer Systems Intent of new rules is to improve the quality of surface waters, thus enabling them to their meet designated uses

9. pH Statewide Requirements –Nonstructural SWM Strategies –Groundwater Recharge –Quantity Control –Quality Control Municipal Stormwater Planning Regional Stormwater Management Planning Protections for Special Water Resource NJDEP Stormwater Management Rules

10. pH Two Separate But Related Elements Stormwater management regulations for new construction –Addresses flooding, infiltration and pollutant loading issues associated with stormwater –Standardizes the methodology associated with the management of stormwater Phase II NJPDES permits for MS4s

11. pH Stormwater Management Plan Stormwater Control Ordinance Stormwater Q/Q/R Reqs Stormwater Management Plan Stormwater Control Ordinance Stormwater Q/Q/R Reqs New Development NJ Stormwater Program Stormwater Pollution Prevention Best Management Practices NJ Stormwater Program Stormwater Pollution Prevention Best Management Practices Additional Measures Additional Measures Optional Measures Optional Measures Existing Development Statewide Basic Requirements Statewide Basic Requirements

12. pH Who Do These New Rules Affect? General Permit (GP) must be obtained by: Large municipalities (Tier A) – population >10,000 Rural municipalities (Tier B) - population <10,000 Public Complexes Highway Agencies The General Permit entails implementation of general “pollution prevention practices and engineering controls”

13. pH Municipal Tier Assignments 467 Tier A 99 Tier B

14. pH Requirements for BOTH Tier A and Tier B Develop and adopt stormwater management (SWM) plan Develop and adopt SWM ordinance Conduct public education Implement as needed additional measures As per NJAC 7:8 Discussed later

15. pH Regulation Timetable December 1999 Final Rule (EPA) January 2003 - NJDEP draft Stormwater Management Regulations published Rules officially adopted 2 February 2004. RFA mailed out in early February RFA to be returned by March Upon acceptance of General Permit, meet requirements following schedule established for Tier A and Tier B municipalities

16. pH The General Permit – Step 1 of Compliance The RFA vehicle for regulated entity to apply for General Permit The RFA a simple 2 or 3 page form with a certification In the RFA, the NJDEP will request most basic information, specific contents of the form is contained in each general permit Completed RFA returned to NJDEP March 2004

17. pH Phase II NJPDES General Permit Minimum Control Measures Public education and outreach concerning NPS pollution Public involvement Map location of all outfalls and identify illicit connections Runoff controls for construction sites Runoff controls for post-development and redevelopment Pollution prevention and implementation of “good housekeeping” at municipal facilities

18. pH Public Education Public Involvement Must make efforts to inform public about the potential environmental impacts due to NPS pollution such as improper disposal of household hazardous material, excessive fertilizer and pesticide use, etc. Involve public in NPS control efforts such as stream sampling, storm drain stenciling, stream cleanups, etc.

19. pH Public Education Public Involvement Must make efforts to inform public about the potential environmental “grass- roots”impacts of NPS pollution such as improper disposal of household hazardous material, excessive fertilizer and pesticide use, etc. Involve public in NPS control efforts such as stream sampling, storm drain stenciling, stream cleanups, etc.

20. pH Public Education Public Involvement Must make efforts to inform public about the potential environmental impacts due to NPS pollution such as improper disposal of household hazardous material, excessive fertilizer and pesticide use, etc. Involve public in NPS control efforts such as stream sampling, storm drain stenciling, stream cleanups, etc.

21. pH Good Housekeeping The permittee must implement stormwater pollution prevention measures at municipally owned facilities such as DPW yards, fueling depots, vehicle maintenance facilities, salt/sand storage areas, etc.

22. pH Construction Site Runoff Control Practices Erosion control practices must be enforced at construction sites Pollution prevention measures must be implemented at construction sites Applies to disturbances of greater than one (1) or more acres of land Doesn’t do away with need for County SCD permit for disturbances of >5,000 ft 2

23. pH Post-Construction Stormwater Management Adopt SWM Plan Adopt and implement SWM ordinance Ensure maintenance of SW BMPs Implement NJDEP stormwater management regulations pertaining to new development, compliance with RSIS Peak flow mitigation, Water quality enhancement, Recharge Meet design standards for storm drain inlets

24. pH Outfall Mapping and Illicit Connection ID Locate outfalls Develop database Integrate with GIS Use for record keeping –Last inspection –Last cleanout or maintenance Tie in with monitoring program

25. pH Source Control Activities Reduce or Eliminate Potential Stormwater Impacts “Pooper-Scooper” ordinances Lawn waste management Pollution prevention at municipal facilities Salt and sand storage Floatables control - trash cans, litter ordinances, outfall collection, street sweeping Road erosion control Stormwater facility maintenance

26. pH Optional Source Control Measures Increased infiltration/groundwater recharge Alternative road deicing techniques Orphan stormwater detention basin adoption Wildlife management (concerns about geese) Retrofit / upgrade of existing SW controls Ways to Further Enhance a Stormwater Program May Result from a TMDL or WQMP Ways to Further Enhance a Stormwater Program May Result from a TMDL or WQMP

27. pH Additional Measures Inclusion of Additional Measures, which are requirements that go beyond the SBR’s of the General Permit, May be a triggered by a Water Quality Management Plan (WQMP), a TMDL, or regional stormwater management plan Protection of a unique surface water Restoration of a stressed or impaired surface water

28. pH S pecial Water Resource Protection The rules also provide the special protections needed for the state’s high quality waters, Includes drinking water reservoirs and streams that provide critical natural resource habitat, Will require the maintenance of vegetated areas (buffers) along waterways designated as Category One (C1) water resources.

29. pH Special Water Resource Protection Area – Proposed Buffer 300-foot buffer along waters and their tributaries within HUC14 for C1 waters Encroachment within the area allowed if previously disturbed or for stabilization –Must meet 95% TSS removal and address loss of function –Encroachment limited to 150-foot from top of bank or centerline where no bank is defined

30. pH Municipal SWM Plan Address water quality, groundwater recharge, and water quantity impacts from stormwater Must include SW rule performance standards or conform with RSWMP Develop mitigation plan in order to grant variance or exemption from standards

31. pH Municipal Stormwater Management Plan Elements Maps of water bodies, groundwater recharge, wellhead protection areas Evaluate master plan and existing regulations to implement Low Impact Development (LID) Build-out analysis – Total impervious cover per HUC14 analysis – Expected pollutant loads – Relationship to TMDL

32. pH Municipal SWM Plan Municipality Must Adopt Stormwater Management Plan Within One Year of Plan Adoption, Must Adopt SWM Ordinance 319 Grant Funding Will Be Available to Assist With Development and Implementation of SWM Plan

33. pH Regional SWM Plan Regional Stormwater Management Plans Lead planning agency, regional stormwater committee integrated with watershed plans and TMDLs Characterize drainage area, rank quality and quantity issues, develop drainage area specific objective and performance standards, and BMP implementation plan Adopt as an amendment to area-wide water quality management plan

34. pH Regional SWM Plan Addresses water quality, groundwater recharge, and water quantity impacts from stormwater on regional, inter-local scale Requirements of plan must be at least as protective as performance standards for the drainage area (which could be set by a TMDL) RSWMP will be reviewed and adopted as an amendment to the WQMP

35. pH Regional SWM Plan Provides flexibility and opportunities for retrofit Can be both performance standards and measures Can establish trading, mitigation, special protection Can establish stream corridor protection plan

36. pH Stormwater Management for New Development Flood control – same as existing, must reduce peak flow of 2, 10 and 100-year storm to 50%, 75% and 80% of pre-existing condition Quality – Must decrease post-development total suspended solids load by 80% Infiltration – Must recharge 100% of the volume recharged prior to the site’s development, provisions included for redevelopment

37. pH Comparison of Existing and Draft Performance Standards in Stormwater Management Rules

38. pH Groundwater Recharge Groundwater recharge: infiltrated water that is not evapotranspired Maintain existing (100%) average annual groundwater recharge OR….. Infiltrate the increase in the 2-year storm Groundwater shall not be recharged in areas with high pollutant loading Waiver available for urban redevelopment

39. pH Groundwater Recharge Computational Methodology Developed by NJDEP with Joe Skupien, NJGS, and USGS Simplified and Refined by Kaveh Zomorodi - Dewberry & Davis

40. pH Water Quality Reduce Post-construction TSS Load by 80% –TSS Removal Rates Based on BMP Manual Reduce nutrients to the maximum extent feasible –Minimize nutrient input –Select BMP for optimum nutrient removal –Design BMP so nutrients are not imported

41. pH Summary of New Regulations Improved controls for management of runoff from new developments Promotion of recharge and NPS control Issuance of Phase II NJDES general permits to regulated entities, RFA requirements of municipalities Municipal and Regional SWM Planning Additional protection for high quality waters

42. pH Thank You! Questions? Stephen J. Souza, Ph.D. Princeton Hydro, LLC 1108 Old York Rd, Suite 1 P.O. Box 720 Ringoes, NJ 08551 908-237-5660Ssouza@princetonhydro.com