Compliance with Stormwater Regulations

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

The Clean Water Act (CWA)

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

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

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

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)

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

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

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

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

Regulatory Hierarchy

National Pollutant Discharge Elimination System (NPDES) Program

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.

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

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

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

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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.

EPA Stormwater Multi-Sector General Permit (MSGP)

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)

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)

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 e-mail explanations and reminders of monitoring requirements Electronic submission of monitoring results under the e-NOI system

Notice of Intent Electronic (if covered under EPA’s multi-sector general permit) Website http://cfpub.epa.gov/npdes/stormwater/enoi.cfm

Notice of Intent

Testing and Sampling

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

VIDEO

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

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

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.

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

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.

pH A pH range of 6.0 to 9.0 appears to provide protection for the life of freshwater fish and bottom dwelling invertebrates http://waterontheweb.org/under/waterquality/pH.html

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

Sediment Pollution Silt Sand Gravel Stones Boulders

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.

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

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.

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.

NON-COMPLIANCE

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

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

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.

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

State Specific General Permit

Authorized State Programs

Maryland Department of the Environment = Regulator 65

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

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 26.08.01 through 26.08.04.

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

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

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.

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.

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

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 

KEEPING THE ENVIRONMENT CLEAN