NPDES Permitting

1
NPDES Permitting An Overview

• AWMA AMS Luncheon
• Thursday, March 12, 2009
• Randall G. York, P.E., BCEE

This presentation attempts to present the basics
of federal NPDES permits and cannot serve as a
standalone summary of applicable requirements
(state or federal). You are urged to obtain
further information from your permit issuing
authority.
2
Items for Todays Discussion

• History of U.S. Water Pollution Control
• Scope of The NPDES Program
• Types of Permits
• Overview of Permit Applications
• Practical Advice to Ease the Pain

3
History of U.S. Water Pollution Control

• Present programs initiated by the 1948 Water
  Pollution Control Act
• Federal role strengthened - Water Pollution
  Control Act Amendments of 1956 Federal Water
  Pollution Control Act Amendments of 1961
• Water Quality Act of 1965 required States to
  develop standards
• EPA in 1970 - Refuse Act Permit Program (RAPP)
  (under the 1899 Rivers and Harbors Act)
• Federal Water Pollution Control Act (FWPCA)
  Amendments of 1972 were a comprehensive
  recodification and revision

4
FWPCA Amendments Goals

• "the discharge of pollutants into navigable
  waters be eliminated by 1985
• "an interim goal of water quality which provides
  for the protection and propagation of fish,
  shellfish, and wildlife and provides for
  recreation in and on the water be achieved by
  July 1, 1983" and
• "that the discharge of toxic pollutants in toxic
  amounts be prohibited".

5
FWPCA Amendments Principles

• The discharge of pollutants to navigable waters
  is not a right.
• A discharge permit is required to use public
  resources for waste disposal and limits the
  amount of pollutants that may be discharged.
• Wastewater must be treated with the best
  treatment technology economically achievable,
  regardless of the condition of the receiving
  water.
• Effluent limits must be based on treatment
  technology performance, but more stringent limits
  may be imposed if the technology-based limits do
  not prevent violations of water quality standards
  in the receiving water.

6
Scope Of The NPDES Program

• Under the NPDES Program, all facilities which
  discharge pollutants from any point source into
  waters of the United States are required to
  obtain a NPDES permit

7
Pollutants

• Defined very broadly and includes any type of
  industrial, municipal and agricultural waste
  discharged into water
• Conventional ( BOD5, TSS, pH, fecal coliform and
  OG
• Toxic or Priority (metals and organic compounds)
• Non-conventional (NH3, N, P, COD and WET)

8
Point Source

• Includes discharges from publicly owned treatment
  works (POTWs), discharges from industrial
  facilities and discharges associated with urban
  runoff
• Direct sources discharge wastewater directly
  into the receiving water body (NPDES)
• Indirect sources discharge wastewater to a POTW
  (National Pretreatment Program)

9
Waters of the United States

• Navigable waters
• Tributaries of navigable waters
• Interstate waters, and Intrastate lakes, rivers,
  and streams which are
• used by interstate travelers for recreation and
  other purposes
• sources of fish or shellfish sold in interstate
  commerce or
• utilized for industrial purposes by industries
  engaged in interstate commerce.

10
Types Of Permits

• Individual Permit is specifically tailored to a
  facility based on information contained in the
  permit application (e.g., type of activity,
  nature of discharge, receiving water quality)
• General Permit covers multiple facilities within
  a specific category and large numbers of
  facilities can be covered under a single permit.

11
Permit Issuance Process
INDIVIDUAL
GENERAL
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NPDES Permits May Be Required for Different Kinds
Of Discharges

• Industrial Wastewater
• Discharges of Stormwater from Industrial
  Facilities
• Discharges of Stormwater Discharges from
  Municipal Storm Sewers
• Discharges of Stormwater from Construction Sites

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Industrial Wastewater

• Process wastewater - Comes into direct contact
  with process or is covered by an ELG
• Noncontact cooling water (NCCW) - Contained
  within a closed loop and does not contact
  process.
• Contact cooling water (CCW) - Contacts process or
  otherwise becomes or can become contaminated.
• Miscellaneous wastewaters
• Blowdown from boilers or cooling water systems
• Laboratory wastes
• Housekeeping wastewaters
• Seepage from materials, product, or waste storage
  piles
• Sludge storage/processing operations.

14
Discharges of Stormwater from Industrial
Facilities

• Point source discharge
• SIC Code Applicability
• Exposure of Stormwater to Industrial Activities
  (11 Questions)

15
Discharges of Stormwater Discharges from
Municipal Separate Storm Sewer Systems (MS4s)

• Phase I (1990) requires larger cities to obtain
  NPDES permit coverage for stormwater.
• Phase II (1999) requires regulated small MS4s to
  obtain NPDES permit coverage for stormwater.
• Phase I MS4s typically are covered by individual
  permits and Phase II MS4s are covered by a
  general permit.
• MS4s must implement a stormwater management
  program to reduce contamination.

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Discharges of Stormwater from Construction Sites

• General NPDES Permit
• earth disturbance activity with a point source
  discharge involving 1 to 5 acres
• larger plan of development that involves 5 acres
• Excludes agricultural, timber, or road
  maintenance
• Individual NPDES Permit
• earth disturbance activities that are located in
  special protection watersheds (high quality,
  exceptional value, and exceptional value
  wetlands)
• may affect existing water quality standards or
  threatened or endangered species and habitat
• have the potential for hazardous or toxic
  discharges

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Major Components of a Permit

• Cover Page - Name and location of the permittee,
  statement authorizing the discharge and the
  specific locations for which a discharge is
  authorized.
• Effluent Limits - The primary mechanism for
  controlling discharges of pollutants and are
  based on applicable technology-based and water
  quality-based standards.
• Monitoring and Reporting Requirements - Used to
  characterize waste streams and receiving waters,
  evaluate wastewater treatment efficiency, and
  determine compliance with permit conditions.
• Standard Conditions Pre-established conditions
  that apply to all NPDES permits and delineate the
  legal, administrative, and procedural
  requirements of the permit.
• Special Conditions - Conditions developed to
  supplement effluent limit guidelines. Examples
  include best management practices (BMPs),
  additional monitoring activities, ambient stream
  surveys, and toxicity reduction evaluations
  (TREs).

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Major Components of a Permit Application
Individual

• General Information Form (8000-PM-IT0001)
• Application Fee - 500
• Proper evidence of Act 14 municipality and county
  notification
• Proof of local newspaper public notice (for new
  and substantially changed discharges only)
• Topographic Map
• Industrial Wastewater - Module 1
• Wastewater Treatment Technologies - Module 2

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Major Components of a Permit Application
Individual (cont.)

• Sources Of Wastewater sheet(s) - Module 3
• Analysis Results Table(s) - Modules 4-9
• Hazardous Substance Table - Module 10
• Toxic Chemicals (Optional) - Module 11
• Stormwater (if required) - Module 12
• Stormwater Sampling Data Table (if required) -
  Module 13
• No Exposure Certification (if required) - Module
  14

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Major Components of a Permit Application
General (Industrial Stormwater)

• Completed NOI (signed) (Facility/Contact info,
  receiving water and outfall info, analytical
  data, pollutant info, BMPs and compliance
  history)
• NOI filing fee (100)
• Facility Information
• Facility Description Attach a topographic map
  or sketch indicating the point of discharge at
  the facility.
• Facility Description Attach a USGS topographic
  map showing facility and discharge location.

21
Major Components of a Permit Application
General (Construction Stormwater)

• Completed NOI Form
• Complete Erosion and Sediment Control Plans
• Permit filing fee of 250 (may be other fees)
• Notifications to the local municipality and
  county governments that specify Acts 67 and 68
  Coordination
• Proof of receipt of municipal notifications

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Major Components of a Permit Application
General (Construction Stormwater) (cont.)

• The PNDI Review for the project area
• Complete Post Construction Stormwater Management
  Plan
• Consistency letter from Municipal or County
  Engineer (where applicable)
• Appendix B Land Use Questions
• Complete Required Worksheets 1 5 (project
  planning details)
• Checklist for Subsequent Phases (of permitted
  projects)

23
Practical Advice to Ease the Pain

• The D and E in NPDES should be taken seriously.
  No Discharge No Permit
• Permitting costs more time and money than most
  expect. Do the work on the front end and you
  avoid it altogether. Is discharging to a POTW an
  option?
• Include a narrative. This isn't part of any
  application but helps in the review process.
  Describe the operations at the facility, how the
  wastewater is generated, where and how water is
  collected, etc.
• Get the latest version of the forms from the
  PADEP website.
• Closely follow the application instructions.
  Benefits are obvious!
• Completely fill out the application. Sometime
  units (gpd, mgd, etc.) are changed without
  explanation, sections left blank etc. If any of
  this is deliberate an explanation should be
  provided.

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Practical Advice to Ease the Pain (cont.)

• Some applications require a minimum number of
  samples. Be sure this is met.
• If you are applying for a new permit that
  involves stormwater, sample it. The instructions
  are not clear about this but, but you will be
  asked to sample the stormwater.
• If you are preparing a "design engineers report"
  for a Part II application be sure to follow the
  guidance document.
• Spend some time on the site map. Make sure the
  outfalls are clearly located and update the
  lat/long if possible.

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Practical Advice to Ease the Pain (cont.)

• Implement your BMPs. DEP will visit the site
  before the permit is issued. If the
  proposed/existing BMPs are not in place, it will
  delay the permit.
• System design Keep stormwater separate from
  industrial waste. Not a requirement, but
  favorably received by PADEP and in most cases
  makes sense anyway.
• Analyze the application instructions for the
  sampling requirements and prepare a Sample
  Protocol document that lists pertinent details.
• Discuss the Sample Protocol with the DEP permit
  writer or compliance specialist, especially if
  there are anomalies like inaccessible sampling
  points, no-flow situations, less than 24 hour
  flow situations, etc.

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Practical Advice to Ease the Pain (cont.)

• Be meticulous in the details.
• Plan. Plan some more. Check your Plan.
• Maintain open communications among Facility
  Operator, Engineer/Consultant, Sampler,
  Laboratory and PADEP.

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Questions?

• Randall G. York, P.E., BCEErandall.york_at_comcast.n
  et