1. 1 Stormwater Phase II Municipal Separate Storm Sewer Systems and Act 167 Doug Brennan PA DEP September, 2002

2. 2 The Permit Program WHO? WHO? – Operators of a storm sewer system WHERE? WHERE? –“Urbanized areas” –Designated by EPA or DEP –Petitions and waivers HOW? HOW? –BMPs for water quality protection –Use of statewide programs

3. 3 Why this new program in Pennsylvania? Evolution of water pollution priorities nationwide Evolution of water pollution priorities nationwide –Industrial operations, sewage treatment –“…maintain the chemical physical, and biological integrity…” –urban areas  impervious cover, etc. Federal regulations Federal regulations –1987 Clean Water Act amendments –EPA regulations in phases: 1990, 1999 –40 CFR 122.26

4. 4 Basic Permitting Approach WHO? WHO? – Operators of a storm sewer system WHERE? WHERE? –“Urbanized areas” –Designated by EPA or DEP –Petitions and waivers HOW? HOW? –BMPs for water quality protection –Use of statewide programs

5. 5 Who Must Get a Permit? “Municipal Separate Storm Sewer System (MS4)” –System of conveyances – roads, swales, drainage systems –Used for collecting/conveying stormwater –Owned or operated by public body –Operator must get the permit

6. 6 Basic Permitting Approach WHO? WHO? – Operators of a storm sewer system WHERE? WHERE? –“Urbanized areas” –Designated by EPA or DEP –Petitions and waivers HOW? HOW? –BMPs for water quality protection –Use of statewide programs

7. 7 WHERE does this apply? “Urbanized Areas” “Urbanized Areas” –Bureau of Census draws the boundaries Designated by EPA or DEP Designated by EPA or DEP –Listed in Federal Register, along with MS4s and MS4s outside of UAs which meet population/density criteria or MS4s outside of UAs which meet population/density criteria or Physically interconnected Physically interconnected –Petitions MS4  interconnected systems, CSOs MS4  interconnected systems, CSOs Any person  discharge which contributes to pollution Any person  discharge which contributes to pollution –Waivers Small MS4s Small MS4s

8. 8 Automatic Designation* (Based on 1990 and 2000 Census’) (With over 700 “MS4s” requiring Permits) AllentownAltoonaBethlehem/EastonBinghamtonErieHagerstownHarrisburgHazeltonJohnstownLancasterLebanonMonessenPhiladelphia * - tentative list Pittsburgh Pottstown Reading Scranton-Wilkes- Barre State College Uniontown- Connellsville Weirton-Steubenville Williamsport York Youngstown

9. 9 State Designation (DEP Must Decide*) Berwick Berwick Bloomsburg Bloomsburg Butler Butler Carlisle Carlisle Chambersburg Chambersburg Ephrata Ephrata Hanover Hanover * - tentative list Hazelton Hazelton New Castle New Castle Oil City Oil City Pottsville Pottsville Sunbury Sunbury Union City Union City

10. 10 Basic Permitting Approach WHO? WHO? – Operators of a storm sewer system WHERE? WHERE? –“Urbanized areas” –Designated by EPA or DEP –Petitions and waivers HOW? HOW? –Municipal Program – 6 Elements –Use of statewide programs

11. 11 What is Required? Stormwater program - 6 Elements Stormwater program - 6 Elements –Public Education –Public Participation & Involvement –Illicit Discharges –Construction –Post-construction –Pollution prevention/good housekeeping

12. 12 What is a BMP? for post-construction…. for post-construction…. –“non-structural” Ordinance Ordinance Policies for inspections Policies for inspections Open space design criteria Open space design criteria –“structural” Wet ponds Wet ponds Infiltration basins Infiltration basins for illicit discharges …. for illicit discharges …. –Establish “priority areas,” take corrective actions, education

13. 13 Basic Permitting Approach WHO? WHO? – Operators of a storm sewer system WHERE? WHERE? –“Urbanized areas” –Designated by EPA or DEP –Petitions and waivers HOW? HOW? –Municipal Program – 6 Elements –Use of statewide programs

14. 14 State-wide programs which can be used Erosion and Sediment Control (“Chapter 102”) & NPDES Storm Water Construction Permits Erosion and Sediment Control (“Chapter 102”) & NPDES Storm Water Construction Permits –NPDES permit revisions to address post-construction Storm Water Management Act (“Act 167”) Storm Water Management Act (“Act 167”)

15. 15 Act 167 Stormwater Management Act Basic Process: Basic Process: –County does the plan with involvement of municipalities with involvement of municipalities In consultation with DEP In consultation with DEP –DEP provides technical oversight, approves plan –Municipalities implement through ordinance –Developers follow requirements in plan -- BMPs

16. 16 Act 167 Stormwater Management Act –Enacted in 1978 – program focus has been on flooding (“peak flow attenuation”) Water quality focus added in 2001 Water quality focus added in 2001 Watershed-based, multi-municipal participation Watershed-based, multi-municipal participation –Allows 75% cost-share funding for stormwater management in counties and municipalities Planning and implementation Planning and implementation –Authorizes funding for all 6 elements required under federal MS4 regs

17. 17 What is Required? Stormwater Program - 6 Elements Stormwater Program - 6 Elements –Public Education –Public Participation & Involvement –Illicit Discharges –Construction –Post-construction –Pollution prevention/good housekeeping

18. 18 MS4 General Permit Proposal (PAG-13) MS4s have two options: MS4s have two options: –Follow DEP “Stormwater Management Protocol” Commit to Act 167--watershed-based, multi-municipal Commit to Act 167--watershed-based, multi-municipal “Pre-approved” “Pre-approved” Up to 75% cost-share funding Up to 75% cost-share funding Relaxed deadlines Relaxed deadlinesOr –Develop own program Must get DEP approval Must get DEP approval Ineligible for funding under Act 167 Ineligible for funding under Act 167

19. 19 What is Required? Stormwater Program – 6 Elements Stormwater Program – 6 Elements –Public Education –Public Participation & Involvement –Illicit Discharges –Construction –Post-construction –Pollution prevention/good housekeeping

20. 20 DEP’s Proposed “Protocol” Construction and Post-Construction Construction and Post-Construction No building permits in municipality until No building permits in municipality until –Approved E&S plan (and if needed, NPDES Construction Permit (revised)) –Approved post-construction plan Follow Act 167 requirements (where applicable) Follow Act 167 requirements (where applicable) –Generates watershed-specific standards for post-construction protection of water quality

21. 21 Post Construction and Water Quality Standards maintain the chemical, physical and biological integrity (federal and state law) maintain the chemical, physical and biological integrity (federal and state law) Anti-degradation requirements – Section 93.4a Anti-degradation requirements – Section 93.4a Considerations Considerations –Infiltration and base flow –Pollutants in runoff –Channel protection

22. 22 What is Required? Stormwater Program – 6 Elements Stormwater Program – 6 Elements –Public Education –Public Participation & Involvement –Illicit Discharges –Construction –Post-construction –Pollution prevention/good housekeeping

23. 23 MS4 General Permit Proposal Illicit Discharges Illicit Discharges –System mapping --outfalls –Ordinance —set the legal standard –Education —get the word out –Program —find the illegal discharges, eliminate them

24. 24 Model Ordinance No building permits or land development approvals until SW addressed No building permits or land development approvals until SW addressed –Construction –Post-construction Non-stormwater discharges prohibited Non-stormwater discharges prohibited Penalties and enforcement Penalties and enforcement

25. 25 What is Required? Stormwater Program – 6 Elements Stormwater Program – 6 Elements –Public Education –Public Participation & Involvement –Illicit Discharges –Construction –Post-construction –Pollution prevention/good housekeeping

26. 26 MS4 Permitting—What’s Next On-going public outreach sessions On-going public outreach sessions PAG-13 finalized PAG-13 finalized –Individual permit documents will be similar Model Ordinance proposed in October Model Ordinance proposed in October Permit applications must be submitted by March 10, 2003 Permit applications must be submitted by March 10, 2003

27. 27 Permits for Industrial Activities

28. 28 Stormwater and Environmental Futures Planning What is Environmental Futures Planning? What is Environmental Futures Planning? What is the status? What is the status? How does Stormwater fit? How does Stormwater fit?