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Phase II Municipal Separate Storm Sewer System (MS4) Permits


Phase II Municipal Separate Storm Sewer System (MS4) Permits Patricia Foran & Cindy Hooper Storm Water & Pretreatment Team Authorization of TPDES Permitting Program ... – PowerPoint PPT presentation

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Title: Phase II Municipal Separate Storm Sewer System (MS4) Permits

Phase II Municipal Separate Storm Sewer System
(MS4) Permits
  • Patricia Foran Cindy Hooper
  • Storm Water Pretreatment Team

Authorization of TPDES Permitting Program for MS4s
  • September 14, 1998 TCEQ Receives Full
    Authorization for TPDES Program
  • Storm Water to be Implemented in Phases
  • Existing Permits TCEQ to Renew as Permits
  • Individual Industrial Storm Water
  • Phase I MS4
  • Multi Sector General Permit
  • Phase I Construction Activities (CGP)
  • New Permits TCEQ to Issue
  • Phase II Construction
  • Phase II MS4

What is an MS4?
  • A conveyance or system of conveyances...owned by
    the U.S., a state, city, county, town, or other
    public entity that discharges to waters of the
    U.S. and is
  • Designed / Used to Collect or Convey Storm Water
  • Not a Combined Sewer
  • Not Part of a POTW

Difference Between Phase 1 and Phase 2 MS4s
  • Phase I MS4s Medium and Large
  • Municipalities With Population 100,000 (1990
  • Existing Individual NPDES Permits
  • TCEQ Renewing as TPDES Permits
  • Phase II MS4s Small
  • MS4s Serving a Population lt100,000 (1990 Census)
  • Phase II General Permit (Proposed TXR040000)

Regulated Small MS4s
  • Small MS4s Located in an Urbanized Area (UA)
  • Only the Portion of the MS4 Inside of a UA
  • UA is a central place (or places) with a minimum
    residential population of 50,000 people, and a
    population density of 1,000 people/square mile.
  • Texas UAs http//
  • Designated Small MS4s
  • Any MS4 Designated by TCEQ
  • None Currently Designated
  • Designation Criteria

Waivers from Permitting Requirements
  • Waiver 1
  • Small MS4s Serving a Population lt1,000 in a UA
  • List of Populations Within UAs is Available on
    EPA Web Site http//
  • Waiver Form Will Be Available
  • Waiver 2
  • Work with TCEQ to Coordinate Request

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Technical Requirements - SWMP
  • Develop and Implement Comprehensive Storm Water
    Management Program (SWMP)
  • Reduce Pollution in Storm Water to the Maximum
    Extent Practicable (MEP)
  • Protect Water Quality
  • Meet Water Quality Requirements of Clean Water
    Act and Texas Water Code
  • Include Six Minimum Control Measures (MCMs)
  • Programs and Controls
  • Best Management Practices (BMPs)

What are BMPs?
  • Mechanisms to Prevent or Reduce the Discharge of
    Pollutants, such as
  • Schedules of activities
  • Prohibitions of practices
  • Maintenance procedures
  • Structural controls
  • Local ordinances
  • Other management practices
  • Includes treatment requirements, operating
    procedures, and practices to control runoff,
    spills or leaks, waste disposal, or drainage from
    raw material storage areas

Six Minimum Control Measures (MCM)
  • 1. Public Education and Outreach
  • 2. Public Involvement/Participation
  • 3. Illicit Discharge Detection and Elimination
  • 4. Construction Site Storm Water Runoff Control
  • 5. Post-Construction Site Storm Water Management
    for New Development and Redevelopment
  • 6. Pollution Prevention/Good Housekeeping for
    Municipal Operations
  • 7. Optional - Municipal Construction Activities

General SWMP Requirements
  • For each MCM
  • Establish Measurable Goals
  • Evaluate / Assess Efforts to Meet Goals
  • Maintain Records
  • Full Implementation Required 5 Years from Permit
    Issuance Date
  • For Designated MS4s, Full Implementation Five
    Years from Designation
  • Meet MEP Standard

1st MCMPublic Education Outreach
  • Requirements
  • Distribute educational materials to the community
    or conduct equivalent outreach activities
  • Inform Public about the Water Quality Impacts of
    Storm Water, Hazards Associated with Illicit
    Discharges, and Available Actions to Reduce Storm
    Water Pollutants
  • Document Activities and Materials

1st MCM Who Must Be Included?
  • Groups to Consider
  • Residents
  • Visitors
  • Public Service Employees
  • Business
  • Commercial/Industrial Facilities
  • Construction Site Personnel
  • Justify Any Group Not Included

1st MCM Guidance
  • Use Available Materials from Other Sources
  • EPA, State, Local Resources
  • Target Specific Audiences and Communities
  • Distribute Fact Sheets
  • Conduct Speaking Engagements
  • Air Public Service Announcements
  • Establish Storm Drain Stenciling Programs
  • Develop Classroom Education

2nd MCMPublic Involvement / Participation
  • Requirements
  • Comply with State and Local Public Notice
  • Recommendation
  • Provide Opportunities for Constituents in the MS4
    Area to Participate in the SWMP Development and
  • N/A for Correctional Facilities

2nd MCM Guidance
  • Include Public in SWMP Development
  • Involve Public in Reducing Storm Water Pollution
  • Storm Drain Stenciling
  • Stream Monitoring and Cleanup
  • Adopt-A-Stream
  • Wetland Plantings
  • Watershed Organization
  • Stakeholder Meetings
  • Community Hotlines

3rd MCMIllicit Discharge Detection Elimination
  • Requirements
  • Establish Program to Detect and Eliminate Illicit
  • Illicit is Unpermitted, Non-Storm Water to MS4
  • Describe How Illicit Discharges will be
  • Regulatory Mechanism to Prohibit and Eliminate
    Illicit Discharges

3rd MCMAllowable Non-Storm Water Discharges
  • Water Line Flushing
  • Groundwater
  • A/C Condensation
  • Individual Residential Car Washing
  • Street Wash Water
  • Dechlorinated Swimming Pools
  • Fire Fighting Water
  • Non-Storm Waters Listed in MSGP and CGP

3rd MCM Requirements (continued)
  • List Sources that are Not Illicit
  • Based on Nature of Source
  • Based on Controls Required by MS4 Operator
  • MS4 Operator or TCEQ Can Identify a Non-Storm
    Water Flow as Significantly Contributing
    Pollutants to MS4

3rd MCM - continued
  • Develop Storm Sewer Map
  • All Outfalls
  • Names and locations of all waters of the U.S.
    that receive discharges from the outfalls
  • Additional Information Needed to Implement SWMP
  • List Information Used to Develop Map

3rd MCM Guidance
  • Examples of Illicit Discharges to Address
  • Failing Septic Systems
  • Industrial/Business Wastewater Connections to
    Storm Drains
  • Sanitary Sewer Overflows (SSO)
  • Illegal Dumping
  • Illicit (Illegal/Improper) Connections to Storm
  • Identify and Prohibit

3rd MCM Additional Resources
  • Center for Watershed Protection, Illicit
    Discharge Detection and Elimination A Guidance
    Manual for Program Development and Technical
  • http//
  • EPA Fact Sheet
  • http//

4th MCMConstruction Site Storm Water Runoff
  • Requirements
  • Develop, Implement, and Enforce Program to Reduce
    Pollutants in Storm Water from Regulated
    Construction Activities (1 acre)
  • Regulatory Mechanism (e.g., Ordinance) to require
    Erosion and Sediment controls
  • Establish Sanctions
  • Develop Procedures for Site Plan Review by MS4
  • Consideration of Public Input
  • Perform Site Inspection and Enforcement of

4th MCM Guidance
  • Possible Program Requirements
  • Compliance with TPDES CGP, TXR150000
  • Establishment of Best Management Practices
  • Runoff Control Land Grading, Preservation of
    Natural Vegetation, Compost Filter Berms, Riprap
  • Erosion Control Mulching, Chemical
    Stabilization, Sodding, Seeding, Geotextiles,
    Vegetated Buffer, Dust Control, Sequencing
  • Sediment Control Perimeter Control (e.g. Silt
    Fence), Sediment Trapping (e.g. Basins, Filters),
    Storm Drain Inlet Protection
  • Good Housekeeping Waste Management, Vehicle
    Maintenance, Education and Awareness

5th MCMPost Construction Site Storm Water
Management for New Development and Redevelopment
  • Requirements
  • Develop, Implement, and Enforce Program to
    Address Storm Water from New Development and
    Redevelopment Projects 1 acre
  • Ensure Controls to Prevent or Minimize Water
    Quality Impacts

5th MCM Requirements (continued)
  • Structural and Non-Structural Controls
  • Regulatory Mechanism to Address Post-Construction
    Runoff from New Development and Redevelopment
  • Ensure Adequate Long-Term Operation and
    Maintenance of BMPs

5th MCM - Guidance
  • Choose BMPs Appropriate for Community
  • Attempt to Maintain Pre-Development Runoff
  • Involve Stakeholders
  • Assess Existing Ordinances
  • Ensure Proper Implementation of BMPs
  • Non-Structural Management and Source Controls
    (e.g., Buffer Zones), Education for Developers
    and Public
  • Structural BMPs Storage Practices, Filtration,

6th MCMPollution Prevention / Good Housekeeping
for Municipal Operations
  • Requirements
  • Establish an Operation and Maintenance Program to
    Prevent or Reduce Pollutant Runoff from Municipal
  • Must Include Employee Training
  • Establish Good Housekeeping and BMPs
  • Address Waste Disposal
  • List Municipal Operations
  • Separate List for Operations Subject to TPDES
    Permitting (e.g., Landfills, Power Plants, WWTPs)

6th MCMExamples of Municipal Operations
  • Parks and Open Spaces
  • Streets, Roads, and Highways
  • Municipal Fleets and Buildings
  • Storm Water System
  • New Construction and Land Disturbances
  • Municipal Parking Lots
  • Vehicle and Equipment Yards
  • Waste Transfer Stations
  • Salt/Sand Storage
  • Golf Courses

6th MCM Guidance
  • Evaluate Maintenance Practices, Schedules, and
    Long-Term Inspection Procedures
  • Establish/Maintain Controls to Reduce Pollutants
    from Streets, Parking Lots, etc.
  • Evaluate Waste Disposal Procedures
  • Assess Water Quality Impacts for New Flood
    Control Devices

6th MCM Examples of Areas to Address
  • Source Controls
  • Pet Waste Collection
  • Automobile Maintenance and Washing
  • Landscaping and Lawn Care
  • Pest Control
  • Storm Drain Cleaning
  • Materials Management
  • Hazardous Materials Storage
  • Road Salt Application and Storage
  • Spill Prevention and Response
  • Used Oil Recycling

7th MCM (Optional)Authorization for Municipal
Construction Activities Under TXR040000
  • Indicate on MS4 NOI
  • Authorization for Municipal Construction
    Activities Under TXR040000 Rather Than TXR150000
  • Authorization Only for MS4 Operator
  • Authorization Only for Regulated Area (UA)
  • Special Site Notice

7th MCM - Resources
  • TPDES Construction General Permit (CGP)
    Requirements Included in Phase II MS4 Permit
  • TCEQ Storm Water Permitting Web Site
  • http//
  • CGP Guidance Developed by TCEQs Small Business
    Local Government Assistance
  • Draft QA Document
  • SWP3 Worksheets and Instructions

SWMP Implementation
  • Share Program Elements with Other Regulated MS4
  • Phase I Existing Programs
  • Phase II Developing Programs
  • Each MS4 Responsible for Own Compliance
  • Contract out a Portion of SWMP
  • Fully Implement 5 Years from Permit Issuance
  • Develop a Schedule

Additional Guidance and Resources
  • TCEQ Small Business Local Government Assistance
  • Links to EPA Outreach and Guidance
  • Non-Point Source Education Information
  • Storm Water Managers Resource Center
  • Links to City Contacts
  • Link to TCEQ Permitting Information

Additional Guidance and Resources
  • Menu of BMPs
  • TCEQ Adopted EPAs National Menu of BMPs
  • http//
  • Storm Water Case Studies
  • Grouped by MCM
  • Menu Includes Lists of BMPs for Each MCM

Deadlines to Apply (Proposed)
  • Small MS4s within UAs
  • Within 180 Days of Permit Issuance
  • Designated MS4s
  • Within 180 Days of Written Notification

Application Procedure
  • Submit NOI and SWMP
  • Storm Water Staff Perform Review
  • Notice of Deficiency for Incomplete Programs
  • Public Notice Once Administratively Complete
  • Public Comment Period
  • Executive Director Will Consider Public Comments
  • Allows Public to Request Public Meeting
  • If Significant Interest, Commission May Require
    Public Meeting
  • Executive Director Will Approve or Deny

Status of TPDES General Permit TXR040000
Proposed Changes
  • Clarify SWMP approval process
  • MS4 operator will not be required to implement
    SWMP until receiving written approval from the
  • TCEQ may require changes to the SWMP as part of
    the approval process
  • TCEQ approval of the SWMP is a determination that
    SWMP meets the MEP standard
  • Include additional non-storm water discharges
  • TPDES Multi Sector General Permit (MSGP) for
    industrial activities
  • TPDES Construction General Permit (CGP)

Proposed Changes (cont.)
  • Add force majeure provision
  • Permittee has the right to assert a force majeure
    (act of God, war, strike, riot, or other
    catastrophe) defense under 30 TAC 70.7, when an
    event occurs that is otherwise a violation of a
  • Add provision allowing changes to BMPs
  • Clarify SWMP responsibility for MS4 operators
    without authority to develop ordinances or
    implement enforcement actions
  • i.e. counties, transportation authorities, and
    special districts
  • Revise permit year and annual report due date

Noteworthy Items
  • Endangered species
  • Water quality protection
  • Definition of outfall
  • Reference to surface water in the state versus
    waters of the U.S.
  • Outfall mapping requirement in illicit discharge
    detection and elimination MCM
  • Designation criteria by which TCEQ could regulate
    additional MS4s

Noteworthy Items (cont.)
  • Requiring third party compliance
  • Non-traditional MS4s with varying enforcement
  • e.g., counties, TxDOT, MUDs, irrigation
    districts, universities
  • Clarification of very discrete systems, which
    would not be regulated under permit
  • e.g. office buildings and ISDs
  • TCEQ Review Period for SWMP
  • Public Participation requirements
  • public notice of NOI
  • possible public meeting

Proposed Requirements Beyond Federal Regulations
  • TCEQ determined certain additional requirements
    necessary to show compliance with the SWMP
  • Includes the following proposed requirements
  • List groups considered for Public
    Education/Outreach, and document those not
  • List source(s) of information used to develop
    outfall map
  • List construction site notices and NOIs
  • Pollution Prevention/Good Housekeeping for
    Municipal Operations - maintain structural
    controls, dispose of waste associated with the
    maintenance of controls, and listing all
    municipal operations subject to permitting.

TCEQ Web Links
  • Storm Water Home Page
  • http//
  • Small Business and Local Government Assistance
  • Link to Assistance Tools for Storm Water

For Additional Information
  • Patricia Foran, Environmental Permit Specialist
  • (512) 239-5099
  • Cindy Hooper, Environmental Permit Specialist
  • (512) 239-4524
  • David Waterstreet, Team Leader, Storm Water
    Pretreatment Team
  • (512) 239-2495