Title: Stormwater Phase II Municipal Separate Storm Sewer Systems and Act 167
1Stormwater Phase IIMunicipal Separate Storm
Sewer SystemsandAct 167
- Doug Brennan
- PA DEP
- September, 2002
2The Permit Program
- WHO?
- Operators of a storm sewer system
- WHERE?
- Urbanized areas
- Designated by EPA or DEP
- Petitions and waivers
- HOW?
- BMPs for water quality protection
- Use of statewide programs
3Why this new program in Pennsylvania?
- Evolution of water pollution priorities
nationwide - Industrial operations, sewage treatment
- maintain the chemical physical, and biological
integrity - urban areas ? impervious cover, etc.
- Federal regulations
- 1987 Clean Water Act amendments
- EPA regulations in phases 1990, 1999
- 40 CFR 122.26
4Basic Permitting Approach
- WHO?
- Operators of a storm sewer system
- WHERE?
- Urbanized areas
- Designated by EPA or DEP
- Petitions and waivers
- HOW?
- BMPs for water quality protection
- Use of statewide programs
5Who Must Get a Permit?
- Municipal Separate Storm Sewer System (MS4)
- System of conveyances roads, swales, drainage
systems - Used for collecting/conveying stormwater
- Owned or operated by public body
- Operator must get the permit
6Basic Permitting Approach
- WHO?
- Operators of a storm sewer system
- WHERE?
- Urbanized areas
- Designated by EPA or DEP
- Petitions and waivers
- HOW?
- BMPs for water quality protection
- Use of statewide programs
7WHERE does this apply?
- Urbanized Areas
- Bureau of Census draws the boundaries
- Designated by EPA or DEP
- Listed in Federal Register, along with MS4s and
- MS4s outside of UAs which meet population/density
criteria or - Physically interconnected
- Petitions
- MS4 ? interconnected systems, CSOs
- Any person ? discharge which contributes to
pollution - Waivers
- Small MS4s
8Automatic Designation(Based on 1990 and 2000
Census)(With over 700 MS4s requiring Permits)
- Allentown
- Altoona
- Bethlehem/Easton
- Binghamton
- Erie
- Hagerstown
- Harrisburg
- Hazelton
- Johnstown
- Lancaster
- Lebanon
- Monessen
- Philadelphia
- - tentative list
- Pittsburgh
- Pottstown
- Reading
- Scranton-Wilkes-Barre
- State College
- Uniontown-Connellsville
- Weirton-Steubenville
- Williamsport
- York
- Youngstown
9State Designation(DEP Must Decide)
- Berwick
- Bloomsburg
- Butler
- Carlisle
- Chambersburg
- Ephrata
- Hanover
- - tentative list
- Hazelton
- New Castle
- Oil City
- Pottsville
- Sunbury
- Union City
10Basic Permitting Approach
- WHO?
- Operators of a storm sewer system
- WHERE?
- Urbanized areas
- Designated by EPA or DEP
- Petitions and waivers
- HOW?
- Municipal Program 6 Elements
- Use of statewide programs
11What is Required?
- Stormwater program - 6 Elements
- Public Education
- Public Participation Involvement
- Illicit Discharges
- Construction
- Post-construction
- Pollution prevention/good housekeeping
12What is a BMP?
- for post-construction.
- non-structural
- Ordinance
- Policies for inspections
- Open space design criteria
- structural
- Wet ponds
- Infiltration basins
- for illicit discharges .
- Establish priority areas, take corrective
actions, education
13Basic Permitting Approach
- WHO?
- Operators of a storm sewer system
- WHERE?
- Urbanized areas
- Designated by EPA or DEP
- Petitions and waivers
- HOW?
- Municipal Program 6 Elements
- Use of statewide programs
14State-wide programs which can be used
- Erosion and Sediment Control (Chapter 102)
NPDES Storm Water Construction Permits - NPDES permit revisions to address
post-construction - Storm Water Management Act (Act 167)
15Act 167 Stormwater Management Act
- Basic Process
- County does the plan
- with involvement of municipalities
- In consultation with DEP
- DEP provides technical oversight, approves plan
- Municipalities implement through ordinance
- Developers follow requirements in plan -- BMPs
16Act 167 Stormwater Management Act
- Enacted in 1978 program focus has been on
flooding (peak flow attenuation) - Water quality focus added in 2001
- Watershed-based, multi-municipal participation
- Allows 75 cost-share funding for stormwater
management in counties and municipalities - Planning and implementation
- Authorizes funding for all 6 elements required
under federal MS4 regs
17What is Required?
- Stormwater Program - 6 Elements
- Public Education
- Public Participation Involvement
- Illicit Discharges
- Construction
- Post-construction
- Pollution prevention/good housekeeping
18MS4 General Permit Proposal(PAG-13)
- MS4s have two options
- Follow DEP Stormwater Management Protocol
- Commit to Act 167--watershed-based,
multi-municipal - Pre-approved
- Up to 75 cost-share funding
- Relaxed deadlines
- Or
- Develop own program
- Must get DEP approval
- Ineligible for funding under Act 167
19What is Required?
- Stormwater Program 6 Elements
- Public Education
- Public Participation Involvement
- Illicit Discharges
- Construction
- Post-construction
- Pollution prevention/good housekeeping
20DEPs Proposed Protocol
- Construction and Post-Construction
- No building permits in municipality until
- Approved ES plan (and if needed, NPDES
Construction Permit (revised)) - Approved post-construction plan
- Follow Act 167 requirements (where applicable)
- Generates watershed-specific standards for
post-construction protection of water quality
21Post Construction and Water Quality Standards
- maintain the chemical, physical and biological
integrity (federal and state law) - Anti-degradation requirements Section 93.4a
- Considerations
- Infiltration and base flow
- Pollutants in runoff
- Channel protection
22What is Required?
- Stormwater Program 6 Elements
- Public Education
- Public Participation Involvement
- Illicit Discharges
- Construction
- Post-construction
- Pollution prevention/good housekeeping
23MS4 General Permit Proposal
- Illicit Discharges
- System mapping--outfalls
- Ordinanceset the legal standard
- Educationget the word out
- Programfind the illegal discharges, eliminate
them
24Model Ordinance
- No building permits or land development approvals
until SW addressed - Construction
- Post-construction
- Non-stormwater discharges prohibited
- Penalties and enforcement
25What is Required?
- Stormwater Program 6 Elements
- Public Education
- Public Participation Involvement
- Illicit Discharges
- Construction
- Post-construction
- Pollution prevention/good housekeeping
26MS4 PermittingWhats Next
- On-going public outreach sessions
- PAG-13 finalized
- Individual permit documents will be similar
- Model Ordinance proposed in October
- Permit applications must be submitted by March
10, 2003
27Permitsfor Industrial Activities
28Stormwaterand Environmental Futures Planning
- What is Environmental Futures Planning?
- What is the status?
- How does Stormwater fit?