Using the MS4 Program Evaluation Guide 1/28/20161 Using the MS4 Program Evaluation Guidance

Using the MS4 Program Evaluation Guide 1/28/20162 Overview of the guide The guide is intended to assist NPDES permitting authority staff to:  Assess the compliance and effectiveness of Phase I and Phase II MS4 programs  Develop Phase II MS4 stormwater management programs (SWMPs)  Assess pollutants of concern  Provide technical assistance

Using the MS4 Program Evaluation Guide 1/28/20163 Self-Auditing The guide can also be a useful tool to MS4s to perform self-audits to:  Assess progress towards program goals  Assess compliance with permit requirements  Gather information for the budgeting process  Assist in annual reporting  Provide justification for additional resources such as staffing or equipment  Review of legal authorities

Using the MS4 Program Evaluation Guide 1/28/20164 Use of Guidance Many programmatic permit requirements are subjective and/or non- specific Inspectors will often have to use BPJ in order to determine if the programs and BMPs implemented are reducing pollutants to the maximum extent practicable (MEP) Guidance should be used as a reference in order to improve best professional judgment of the Inspector

Using the MS4 Program Evaluation Guide 1/28/20165 Guidance Goal The ultimate goal of the guidance is to assist inspectors in the consistent and objective assessment of various MS4 programs MS4s can vary based on many things such as:  Type (i.e. city vs. department of transportation)  Size  Geography  Socio-economic factors  Development pressures

Using the MS4 Program Evaluation Guide 1/28/20166 Organization of the Guide Background Information Steps to Conduct an Evaluation  Advance preparation  Conducting an evaluation Screening-level Detailed on-site  Post-evaluation activities

Using the MS4 Program Evaluation Guide 1/28/20167 SWMP Components Addressed in Guide Program management Public education and participation MS4 maintenance activities Construction activities Post-construction controls Industrial/commercial facilities Illicit discharge detection and elimination

Using the MS4 Program Evaluation Guide 1/28/20168 SWMP Component Sub-sections Each sub-section includes: A description of regulatory requirements Resources for more information Common activities related to the SWMP component Materials to review prior to the evaluation Elements to address and questions to ask during the evaluation A description of any recommended in-field evaluation activities Common issues identified during evaluations

Using the MS4 Program Evaluation Guide 1/28/20169 Appendix B – Program Evaluation Worksheets

Using the MS4 Program Evaluation Guide 1/28/ Appendix C – Field Inspection Worksheets

Using the MS4 Program Evaluation Guide 1/28/ Using Checklists Guidance provides various worksheets and checklists to assist the inspector during the office interviews and in the field  Not to be used as a compliance tool, just as a “tickler” to help the inspector remember key questions  Notes, checklists, and worksheets are helpful when writing the report and/or issuing an enforcement action

Using the MS4 Program Evaluation Guide Example Worksheet

Using the MS4 Program Evaluation Guide Example Worksheet

Using the MS4 Program Evaluation Guide 1/28/ Reviewing Annual Reports Prior to evaluating an MS4, it is advisable to review the most recent annual report from the permittee in order to:  Determine which components should be reviewed if a comprehensive evaluation is not possible  Become familiar with the SWMP  Identify any “red flag” issues that may merit special attention during the evaluation The Guide provides the inspector information useful in performing this review as well as a checklist

Using the MS4 Program Evaluation Guide 1/28/ Appendix D – Reviewing an Annual Report