Regulatory Review

1
Regulatory Review The Municipal Regional
Permit More

• Kristin Kerr,
• EOA, Inc.
• Commercial/Industrial IDDE Stormwater Inspector
  Training Workshop
• April 25, 2012

2
Regulatory Update

• Stormwater Regulations
• Municipal Regional Permit Requirements
• C.4 Industrial/Commercial Site Controls
• C.5 IDDE
• C.12 PCBs Controls
• C.13 Copper Controls
• Statewide Stormwater Industrial Activities
  General Permit
• SMCWPPP Organization Resources

3
Why Do We Have a Municipal Stormwater Permit?

• Since 1987 the federal Clean Water Act has
  required municipalities to obtain permits to
  discharge stormwater from municipal storm drain
  systems
• These are National Pollutant Discharge
  Elimination System (NPDES) Municipal Stormwater
  Permits
• Larger municipalities permits called
• Phase 1 and smaller ones Phase 2

4
Municipal NPDES Permitting Authority
5
Roles of State and Feds

• State Water Bd. Sacramento
• Reg. Water Bd. Oakland
• Day to day assistance and oversight
• Adopt NPDES permits
• Enforce NPDES permits, e.g., Notices of Violation
  Administrative Civil Liability
• Identify water quality impairments and planned
  solutions (TMDLs)
• Updates regionwide Water Quality Control Plan
  (Basin Plan)

• U.S. EPA Hdqtrs. Wash. D.C
• U.S. EPA Reg. IX S. F.
• May audit your citys stormwater program and
  businesses in your city
• Approve NPDES permits adopted by Water Bd.
• Has independent permit enforcement authority
• Provides nationwide consistency and some funding
• Approves Basin Plan

6
What is the Municipal Regional Permit(MRP)?

• Regional permit regulating municipal stormwater
  systems
• Adopted by Regional Water Board October 14, 2009
• Effective date December 1, 2009

• Applies to cities, counties, and districts in
• San Mateo, Alameda, Contra Costa, and Santa Clara
  Counties
• Fairfield and Suisun City (Solano County)
• Vallejo (Solano County)
• 76 Permittees

7
What Do Municipal Stormwater Permits Require?

• If you only remember two general things
• Implement controls to reduce the discharge of
  pollutants in stormwater to the maximum extent
  practicable, AND

• Effectively prohibit non-stormwater discharges
  into the storm drains

8
Commercial/Industrial Inspection Requirements in
the MRP

• Provision C.4
• Implement commercial industrial site inspection
  control program
• at all sites that could cause or contribute to
  pollution of SW runoff
• Implement with inspections, effective follow-up
  and enforcement
• Prevent discharges of pollutants and impacts on
  receiving waters

9
Commercial/Industrial Inspection Requirements in
the MRP

• Legal Authority
• to inspect sites
• require compliance and
• require sites have appropriate and effective BMPs
• Staff Training
• Focused training annually

10
Commercial/Industrial Inspection Requirements in
the MRP

• Business Inspection Plan
• Prioritize inspections
• Inspection frequency
• Recordkeeping Annual Reports Facility Lists

11
Commercial/Industrial Inspection Requirements in
the MRP

• Business Inspection Plan
• Identify facilities by 8 activity areas
• Outdoor process and manufacturing
• Outdoor material storage
• Outdoor waste storage and disposal
• Outdoor vehicle equipment storage maintenance
• Outdoor wash areas
• Outdoor drainage from indoor areas
• Rooftop equipment
• Other sources determined to have potential to
  contribute to pollution of stormwater runoff

12
Industrial/Commercial Inspection Requirements in
the MRP

• Business Inspection Plan cont.
• Identify by types of facilities
• NOI
• Vehicle salvage yards
• Metal and other recycled materials collection
  facilities, waste transfer facilities
• Vehicle mechanical repair, maintenance, fueling
  or cleaning
• Building trades central facilities or yards,
  corporation yards
• Nurseries or greenhouses
• Building material retailers storage
• Plastic manufacturers
• Other facilities determined to have potential to
  contribute to pollution of stormwater runoff

13
Industrial/Commercial Inspection Requirements in
the MRP

• Enforcement Response Plan
• Implemented by April 1, 2010
• Enforcement Actions
• Timely correction of violations
• Before next rain event
• 10 business days
• Provide rationale if gt 10 business days needed
• Referral coordination with Water Board

14
Industrial/Commercial Inspection Requirements in
the MRP

• Recordkeeping
• Electronic database or table
• Facility
• Inspection date
• Industrial General Permit coverage required
• Compliance status
• Type of enforcement
• Type of activity or pollutant source
• Specific problems
• Problem resolution
• Comments
• Annual Report summary numbers should match
  tabular data
• RB has requested permittees submit electronic
  data tracking tables

15
Illicit Discharge Inspection Requirements in the
MRP

• Provision C.5
• Implement program with centralized complaint
  collection follow-up component and active
  surveillance component
• Detect control illicit discharges not already
  controlled under C.4 Industrial/Commercial Site
  Controls and C.6 Construction Site Controls

16
Illicit Discharge Inspection Requirements in the
MRP

• Legal authority to prohibit, control and
  eliminate non-stormwater discharges
• Sewage
• Wash water from cleaning exterior surfaces,
  pavement or equipment
• Runoff from material storage areas
• Pool or fountain water discharges containing
  chlorine, biocides, chemicals or filter backwash
• Sediment, pet waste, vegetation clippings,
  landscape or construction related wastes
• Food related wastes

17
Illicit Discharge Inspection Requirements in the
MRP

• Enforcement Response Plan
• Implemented by April 1, 2010
• Enforcement Actions
• Timely correction of violations
• Before next rain event
• 10 business days
• Provide rationale if gt 10 business days needed
• Escalated responses to achieve compliance

18
Illicit Discharge Inspection Requirements in the
MRP

• Complaint Response
• Central contact point
• Spill/dumping response flow chart, phone tree or
  contact list
• Conduct reactive inspections follow-up
• Data Tracking
• Complaint info
• Investigation info
• Response time
• SMCWPPP Excel Template

19
PCBs Controls

• Provision C.12.a
• Polychlorinated Biphenyls (PCBs)
• Incorporate PCBs PCB-containing equipment
  identification in existing industrial inspections
• Document incidents
• Refer to appropriate agency
• Training
• BASMAA Pollutant of Concern (POC) training
  materials

20
Copper Controls

• Provision C.13.d
• Industrial Sources
• Identify include in inspection program
  facilities likely to use copper or have sources
  of copper
• Consider roof runoff that might accumulate copper
  deposits from ventilation systems on-site
• Ensure proper BMPs
• Inspector training
• C.13.b Manage discharges from pools, spas
  fountains containing copper-based chemicals
• BASMAA Pollutant of Concern (POC) training
  materials

21
Statewide Stormwater Industrial Activities
General Permit

• New draft permit coming end of April
• Compliance regulated by Regional Water Board
  staff
• Facilities file Notice of Intent (NOI)
• MRP requires SW Inspectors to
• evaluate if coverage is needed under the General
  Permit,
• Track if NOI was filed
• Refer non-filers to RWB staff
• Include NOI facilities in Business Inspection Plan

22
San Mateo Countywide Water Pollution Control
Program
23
SMCWPPP Assistance

• CII Subcommittee Meetings
• CII Training Workgroup Meetings
• SMCWPPP Orientation Training materials
• BASMAA Pollutants of Concern (POC) training
  materials for PCBs and Copper
• Website www.flowstobay.org