1. John Tinger U.S. EPA Region IX
“Stormwater 101”
John Tinger
U.S. EPA Region IX

2. Overview of the Clean Water Act
Federal Water Pollution Control Act of 1972, amended 1977
Established NPDES, pretreatment and construction grants programs
Permits are a privilege, not a right
Effluent limits must be both technology and water quality based
Established significant penalties for violations
States may obtain authority for administering programs
1987 – added Section 402(p) to CWA covering stormwater

3. Overview of the Clean Water Act
All “point sources”
“Discharging a pollutant”
Into a “Water of the U.S”
>>>>Must obtain a NPDES (National Pollutant Discharge Elimination System) Permit

4. What is a Point Source ? Point Source
Discharge though a discrete conveyance into waters of the US
Industrial facilities
Sewage treatment plants
Stormwater from industrial sites and storm sewers
Non-point source
Runoff that is not a point source

5. What is a Pollutant ? Conventional
BOD, TSS, pH, Oil and Grease, Fecal Coliform
Toxic
List of 129 priority pollutants:
Includes heavy metals, dioxins, PCBs, PAHs, pesticides
Non-conventional
Ammonia, chlorine, toxicity, temperature, trash

6. What is a Water of the U.S ?
All waters currently used, used in the past, or susceptible to use for interstate commerce including all waters which are subject to the ebb and flow of the tide
Includes:
Rivers, lakes and streams
Tributaries
Territorial seas
Wetlands
Ephemeral washes

7. Types of Permits Individual
1 permit issued for an individual facility or municipality
Site specific
General
NPDES authority issues one permit
Used to cover same or similar operations
Facilities/municipality applies for coverage
Facility/municipality submits Notice of Intent
Compliance measures

8. Basic Components of a Permit
Effluent Limitations
Technology based standards
Establish national, minimum level of control for a type of discharge
“Level playing field”
“MEP” – Maximum Extent Practicable
Water Quality based standards
Protect water quality of receiving water
Designated uses (drinking water supply, recreation, aquatic life)

9. Basic Components of a Permit (continued)
Monitoring Requirements
Wastewater sampling
Reporting requirements
Special Conditions
Best Management Practices
Compliance schedules
Standard Conditions

10. Permit Issuance Process
General Permit
General Permit drafted
Proposed & Public comment
Final – applicability, requirements
Permittee decides if coverage applicable – submits NOI
Permittee may request individual permit
Compliance
Individual Permit
Permittee submits application
Draft permit prepared/negotiated
Proposed & public comment
Final permit issued

11. Why Regulate Stormwater ?
2000 National Water Quality Inventory
Oceans – 14% of shoreline impaired
Bacteria; Low Oxygen; Turbidity
Rivers and Streams – 39% impaired
Pathogens; Sediment; Habitat Alterations
Lakes – 45% impaired
Nutrients; Metals (primarily mercury); Sediment
Estuaries – 51% impaired
Metals (primarily mercury); Pesticides; Low Oxygen

12. Types of Stormwater Permits
Phase I
Nov 16,1990
Industrial sites
Construction >5 acres
Municipalities > 100,000 population
9th circuit court decision 1992
Phase II
December 8,1999
Small Municipalities & construction 1 to 5 acres
9th circuit decision January 2003

13. Types of Stormwater Permits
Industrial facilities (Multi-Sector General Permit, MSGP)
40 CFR (b)
11 categories of industrial activities – includes manufacturing, landfills, hazardous waste treatment, salvage yards.
Covers maintenance yards, material storage areas, shipping and receiving areas.
Basic Requirements
Submit Notice of intent
Prepare Stormwater Pollution Prevention Plan (SWPPP)
Establish Best Management Practices
Monitor discharge

14. Types of Stormwater Permits
Construction – minimize erosion and sediment discharge from construction sites
Phase I – construction disturbing > 5 acres
Phase II - construction disturbing 1-5 acres
Waiver available
Basic Requirements
Submit notice of intent
Prepare Stormwater Pollution Prevention Plan (SWPPP)
Best Management Practices

15. Types of Stormwater Permits
Municipal Separate Storm Sewer Systems (MS4)
Phase I – Large municipalities > 100,000 population
Requirements
Stormwater Management Plan (SWMP)
Reduce discharge of pollutants to MEP
Program Management
Identify outfalls, land use, pollutant loadings, waterbodies and impacts, source of pollutants

16. Large MS4 Requirements (continued)
Eliminate illicit connections
Construction
New development controls
Industrial/Commercial facilities
Municipal Facilities
Public information and participation
Program evaluation

17. Types of Stormwater Permits
Phase II - Small MS4s in urbanized areas (according to US census)
Requirements “six minimum measures”
Illicit connections
Construction
Post-construction
Municipal facilities
Public involvement
Public education

18. Questions ?