Federal Facilities and an MS4 Audit

1
Federal Facilities and an MS4 Audit

• Thea Lomax
• Presenter
• EPA, Region 6
• Storm Water Enforcement

2
Overview

• Federal Facilities (Definition, types)
• MS4s (Definition, examples)
• MS4 SWMP Requirements (Specific for federal
  facilities)
• MS4 Audit (Definition, Goals, Benefits,
  Preparation, Process)
• Resources Tools

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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What is a Federal Facility?

• A federal facility is any building, installation,
  land, etc., owned or leased by the federal
  government.

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Types of Federal Facilities

• Federal facilities can include universities,
  prisons, hospitals, roads (i.e., departments of
  transportation), military bases (e.g., State Army
  National Guard barracks), parks and office
  buildings/complexes.

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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What is an MS4?

• The term MS4 is commonly used to describe both
• The infrastructure used to convey stormwater
  runoff
• The owner/operator of the infrastructure that is
  permitted to discharge this runoff

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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What is an MS4?

• According to 40 CFR 122.26(b)(8), municipal
  separate storm sewer system means a conveyance
  or system of conveyances (including roads with
  drainage systems, municipal streets, catch
  basins, curbs, gutters, ditches, man-made
  channels, or storm drains)
• (i) Owned or operated by a State, city, town,
  borough, county, parish, district, association,
  or other public body (created by or pursuant to
  State law)...including special districts under
  State law such as a sewer district, flood control
  district or drainage district, or similar entity,
  or an Indian tribe or an authorized Indian tribal
  organization, or a designated and approved
  management agency under section 208 of the Clean
  Water Act that discharges into waters of the
  United States.
• (ii) Designed or used for collecting or conveying
  storm water
• (iii) Which is not a combined sewer and
• (iv) Which is not part of a Publicly Owned
  Treatment Works (POTW) as defined at 40 CFR
  122.2.

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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What is a sMS4?

• According to 40 CFR 122.26(b)(16), small MS4s are
  similar to large and medium except they may be
  owned or operated by the United States and
  includes systems similar to separate storm sewer
  systems in municipalities such as systems at
  military bases, large hospital or prison
  complexes, and highways and other thoroughfares
  but does not include sewers in very discrete
  areas, such as individual buildings.

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Federal Facilities and an MS4 Audit
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Examples of MS4s
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Apply/obtain an NPDES permit
• Develop and implement six minimum control
  measures of the permit
• 1. Public Education and Outreach

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Apply/obtain an NPDES permit
• Develop and implement six minimum control
  measures of the permit
• 1. Public Education and Outreach
• 2. Public Participation/Involvement

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Apply/obtain an NPDES permit
• Develop and implement six minimum control
  measures of the permit
• 1. Public Education and Outreach
• 2. Public Participation/Involvement
• 3. Illicit Discharge Detection and Elimination

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Apply/obtain an NPDES permit
• Develop and implement six minimum control
  measures of the permit
• 1. Public Education and Outreach
• 2. Public Participation/Involvement
• 3. Illicit Discharge Detection and Elimination
• 4. Construction Site Runoff

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Apply/obtain an NPDES permit
• Develop and implement six minimum control
  measures of the permit
• 1. Public Education and Outreach
• 2. Public Participation/Involvement
• 3. Illicit Discharge Detection and Elimination
• 4. Construction Site Runoff
• 5. Post-Construction Runoff

Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Apply/obtain an NPDES permit
• Develop and implement six minimum control
  measures of the permit
• 1. Public Education and Outreach
• 2. Public Participation/Involvement
• 3. Illicit Discharge Detection and Elimination
• 4. Construction Site Runoff
• 5. Post-Construction Runoff
• 6. Good Housekeeping/Pollution Prevention
• for Municipal Operations

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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MS4 SWMP Requirementsfor Federal Facilities

• Some Implementation Concerns
• 1. Unique characteristics
• 2. Lack of Legal Authority
• 3. Multiple Regulated Entities
• Establish cooperative agreements with cities
  and counties in implementing the storm water
  management program

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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What is an MS4 Audit?

• Comprehensive evaluation of all components of an
  MS4 program to assess compliance with the NPDES
  permit and development and implementation of the
  storm water management programs.

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Goals of an MS4 Audit
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Goals of the MS4 Audit

• Determine permittees compliance with their MS4
  permit
• Determine whether the MS4 is meeting the Maximum
  Extent Practicable (MEP) in reducing pollutants
  in storm water discharges
• Provide compliance assistance in Storm Water
  Management Plan (SWMP) development and
  implementation
• Assist in MS4 program development

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit

• Stronger coordination and working relationship
  between the permitting authority (and/or EPA) and
  the permittee

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit

• Stronger coordination and working relationship
  between the permitting authority (and/or EPA) and
  the permittee
• Better understanding by the permittee of the
  expectations and permit requirements

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit

• Stronger coordination and working relationship
  between the permitting authority (and/or EPA) and
  the permittee
• Better understanding by the permittee of the
  expectations and permit requirements
• Clarity of MS4 permit requirements or SWMP plans

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit

• Stronger coordination and working relationship
  between the permitting authority (and/or EPA) and
  the permittee
• Better understanding by the permittee of the
  expectations and permit requirements
• Clarity of MS4 permit requirements or SWMP plans
• SWMP strengths and areas for improvement
  identified

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit

• Stronger coordination and working relationship
  between the permitting authority (and/or EPA) and
  the permittee
• Better understanding by the permittee of the
  expectations and permit requirements
• Clarity of MS4 permit requirements or SWMP plans
• SWMP strengths and areas for improvement
  identified
• Improved permitting authoritys knowledge of the
  permittees operations, priorities, constraints
  and challenges

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Benefits of an MS4 Audit

• Stronger coordination and working relationship
  between the permitting authority (and/or EPA) and
  the permittee
• Better understanding by the permittee of the
  expectations and permit requirements
• Clarity of MS4 permit requirements or SWMP plans
• SWMP strengths and areas for improvement
  identified
• Improved permitting authoritys knowledge of the
  permittees operations, priorities, constraints
  and challenges
• More effective SWMPs that result in better water
  quality and reduced pollutants in storm water
  discharges to the MS4

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Preparation to be audited
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Federal Facilities and an MS4 Audit
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What should I ask myself first?

• Where is my Storm Water Management Plan?
• Where is my legal authority for storm water
  activities (ordinances/agreements)?
• Do I know what is in the SWMP?
• Do I have copies of all my annual reports?
• Have I allowed myself plenty of time to do this
  audit?
• Do I have copies of everything we say we sent to
  the PA (EPA or State)?
• Where is that checklist EPA gave me?
• Do I have everything I need in one place or do I
  know where it is?
• Have I contacted and scheduled all needed persons
  to participate in the audit?

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Municipal Separate Storm Sewer System
(MS4)AuditPrepared byEPA Region 6Water
Enforcement BranchMunicipal/Industrial Section
(6EN-WM)Revised March 2009 from the November
2006 Checklist
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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ANNUAL REPORTS
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Purpose of Annual Reports

• To report the progress of activities implemented
  to accomplish the goals of the SWMP.

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Federal Facilities and an MS4 Audit
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Annual Reports

• Include a status on
• 1. Compliance with SWMP schedules
• 2. Public Education/Outreach
• 3. Public Participation/Involvement
• 4. Illicit Discharge Detection and Elimination
• 5. Construction Site Runoff
• 6. Post-Construction Site Runoff
• 7. Good Housekeeping/Pollution Prevention for
  Municipal
• Operations
• 8. Proposed changes to the SWMP in the coming
  reporting year

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Federal Facilities and an MS4 Audit
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Annual Reports

• Include a status on
• 9. Revisions, if necessary, to the assessment of
  controls land the fiscal
• analysis reported in the permit
  application or the most recent annual
• report10. Summary of
  monitoring data accumulated throughout the
  reporting
• year
• 11. Summary of the number of the NPDES NOIs
  received for each
• general permit
• 12. Number of site notices received from small
  construction site operators
• seeking coverage for storm water
  discharges

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Annual Reports

• Include a status on
• 13. Number of inspections conducted for
  industrial facilities
• 14. Number of inspections conducted for
  construction sites
• 15. Annual expenditures for the reporting
  period, with a breakdown
• for the major elements of the SWMP,
  and the budget for the
• year (reporting year) following each
  annual report
• 16. Summary describing the number of enforcement
  actions
• 17. Summary describing the nature of enforcement
  actions

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Federal Facilities and an MS4 Audit
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Annual Reports

• Include a status on
• 18. Summary describing the number of inspections
• 19. Summary describing the nature of inspections
• 20. Summary describing the number of education
  programs
• 21. Identification of any water quality
  improvements
• 22. Identification of any water quality
  degradations
• 23. Identification of any progress towards
  measurable goals
• 24. Identification of any progress toward
  measured reductions in pollutants
• 25. Discharge Monitoring Reports for the
  reporting period

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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STORM WATER MANAGEMENT PLAN
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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SWMP

• Comprehensive document that includes the
• implementation process for each required
• NPDES six minimum control measures
• Updated

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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PUBLIC EDUATION/OUTREACH
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Public Education/Outreach

• Measurable Goals
• Ordinances, agreements
• Management, organizational structure,
  responsibilities
• Meeting schedules
• Contracted services
• Training
• Records
• Handouts
• Evaluation Tool

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Public Education/OutreachPesticides, Herbicides,
Fertilizers

• Proper use
• Disposal
• Storage
• Handouts developed / meetings held
• Promotion/Publicized/Facilitated
• Mechanisms to measure effectiveness of program

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Public Education/OutreachPublic Reporting of
Illicit Discharges

• Departments responsible
• Promote, publicize, facilitate reporting of
  illicit discharges or WQ impacts associated with
  discharges
• Programs developed to allow public participation
  in reporting illicit discharges
• Speaking engagements / event participation
• Tracking number of illicit discharges reported by
  public
• Educational material developed (including
  disposal of grass clippings, leaf litter, animal
  wastes)
• Mechanisms to measure results of public
  participation/education
• Measures to reach multi-ethnic / minority
  communities

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Public Education/OutreachDisposal of Used
Oil/Household Hazardous Waste

• Departments responsible
• Programs to educate about disposal of used oil
  and household hazardous waste materials
• Speaking engagements / event participation
• Promote, publicize, facilitate program
• Training materials developed
• Responses to program (how many gallons of
  household hazardous waste or used oil collected)
• Measures to reach children, physically
  challenged, non-English speaking/reading
• Mechanisms to measure effectiveness of program

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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PUBLIC PARTICIPATION/INVOLVMENT
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Public Participation/Involvement

• Measurable Goals
• Ordinances, agreements
• Management, organizational structure,
  responsibilities
• Meeting schedules
• Contracted services
• Training
• Records
• Handouts
• Evaluation Tool

Federal Facilities and an MS4 Audit
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Public Participation/Involvement

• Public involvement on management practices,
  control techniques and systems, design and
  engineering methods, etc.
• Programs implemented to provide adequate public
  education and ample opportunities for public
  participation in development/implementation of
  SWMP
• Measures to encourage public participation
• Public meetings held annually? Attendees?
  Publicity? Topics covered?

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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ILLICIT DISCHARGE DETECTION and ELIMINATION
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Illicit Discharge Detection and Elimination

• Measurable Goals
• Ordinances, agreements
• Management, organizational structure,
  responsibilities
• Meeting schedules
• Contracted services
• Training
• Records
• Evaluation Tool

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Federal Facilities and an MS4 Audit
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Illicit discharge detection/elimination
Planning and Evaluation

• Inspections
• Investigations
• Records management
• Field screening
• Follow-ups
• Enforcement
• Citizen complaints (reporting and resolution)
• Identification of industrial dischargers and
  their pollutants
• Identification of measurable goals

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Federal Facilities and an MS4 Audit
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Illicit discharge detection/eliminationSanitary
Sewers

• Reliable tracking system
• Controls to limit infiltration of seepage from
  sanitary sewers
• Owners of leaking privately owned sewer lines
• Procedures to eliminate reoccurrence of seepage
  into MS4
• Documentation (what type information i.e.,
  location, cause, resolution, etc.)

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Federal Facilities and an MS4 Audit
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CONSTRUCTION SITE RUNOFF
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Federal Facilities and an MS4 Audit
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Construction Site Runoff

• Measurable Goals
• Ordinances, agreements
• Management, organizational structure,
  responsibilities
• Meeting schedules
• Contracted services
• Training
• Records
• Evaluation Tool

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Construction Site RunoffPlanning and Evaluation

• Inspection program (both public and MS4 owned
  sites) scheduling, prioritization, follow-ups,
  enforcement, citizen complaints
• Targeted areas
• Identification of MS4 specific controls
• Mechanism to measure BMP effectiveness
• Databases for tracking
• Identification of POCs
• Citizen complaints

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Federal Facilities and an MS4 Audit
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Construction Site RunoffTraining

• MS4 Inspector training
• Adequate number of dedicated inspectors
• Compliance Assistance/training for site operators
  (seminars, meetings, roundtables, etc.)
• Training materials developed by MS4
• Specific outreach for small businesses and
  minority businesses

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Construction Site RunoffInventory

• Identification of universe (including sites
  disturbing less than 1 acre) and schedule for
  updating
• Mechanism for tracking projects Number and
  status, NOI, inspections/results/follow-up,
  enforcement actions), citizen complaints

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Construction Site RunoffControl requirements and
BMPs

• Technical guidance used as standards for
  design/selection of nonstructural and structural
  BMPs
• Requirements for following tech guidance
• Minimum operation and maintenance requirements
• Installation and maintenance requirements
• MS4-preferred BMPs to be used
• Different BMPs for different seasons

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Construction Site RunoffPlan review

• Building permit requirements (i.e., NOI, SWP3,
  etc.)
• MS4 notification of responsibilities under storm
  water permitting program
• Requirement to submit SWP3 with project plans
• SWP3 review
• Mechanism for changes to SWP3

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Federal Facilities and an MS4 Audit
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Construction Site RunoffInspections

• Criteria for prioritizing inspections
• Pre-construction meetings with inspectors and
  contractors
• Inspections of all phases (i.e.,
  clearing/grubbing/site prep, mass grading/public
  infrastructure/utility, building
  construction/final grading
• Departments in charge of erosion and sediment
  control inspections
• Records management (checklists, inspection form,
  electronic database)
• Designated inspectors and qualifications

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Federal Facilities and an MS4 Audit
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Construction Site RunoffEnforcement/Referrals

• Addressing non-compliance
• Escalating enforcement
• Follow-up inspections
• Tracking for inspections, enforcement actions,
  follow-ups, repeat violators

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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POST-CONSTRUCTION RUNOFF
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Post-ConstructionPlanning and Evaluation

• Commercial and residential areas
• Departments responsible for implementation
• Inspection criteria
• Enforcement criteria
• Mechanism to determine effectiveness

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Federal Facilities and an MS4 Audit
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Post-Construction ControlsMaintenance of
Structural Controls

• Identification of POCs
• Specific areas targeted for pollutant reduction
  and application of specific BMPs
• Maintenance scheduling for structural controls
  (including floatables)
• Procedures to develop, implement and enforce
  controls from new development and significant
  re-development after construction

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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GOOD HOUSEKEEPING/POLLUTION PREVENTION for
MUNICIPAL OPERATIONS
Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Poor Housekeeping vs. Good Housekeeping
Implement catch basin cleaning
Polluted catch basin
Lack of maintenance yard management
Maintain maintenance yard
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Poor Housekeeping vs. Good Housekeeping
Paints left exposed to storm water
Batteries and drums left exposed to storm water
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Poor Housekeeping vs. Good Housekeeping
Maintenance yard well managed. Drums Stored
underneath a shed and placed on platforms
Trash container exposed to storm water,
not covered with a lid.
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Poor Housekeeping vs. Good Housekeeping
Sloppy road paint storage
Storm drain inlet not cleaned
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Poor Housekeeping vs. Good Housekeeping
Stock piles covered
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Good Housekeeping/Pollution Prevention for
Municipal Operations

• Measurable Goals
• Ordinances, agreements
• Management, organizational structure,
  responsibilities
• Meeting schedules
• Contracted services
• Training
• Inventory
• Records

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit
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Good Housekeeping/Pollution Prevention for
Municipal Operations

• Mapping
• Operations and Maintenance Procedures
• Operations and Maintenance Activities
• Non-Structural and Structural Pollution Control
  Devices
• BMPs
• Inspections
• PHFs
• Evaluation Tool

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Federal Facilities and an MS4 Audit
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Audit Process
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Federal Facilities and an MS4 Audit
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Audit ProcessPre-Audit1. Sch
edule date/time/location for the audit2. Arrange
specific times to meet with the SWMP
Representative 3. Prepare a 10 minute overview of
each program4. Compile SWMP records,
information, plans for review5. Prepare and
provide to the auditor a list of facilities for
inspection observation and other requested
informationAudit1. Start on time2. Introductio
n3. Presentation4. Interview5. Inspection
observations6. File reviews7. Closing
conference
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Federal Facilities and an MS4 Audit
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Audit ProcessPost-Audit1. Te
chnical staff review of findings and information
collected 2. Report completed3. If violations,
Copy of Report and Administrative Order
issued4. If no violation, Copy of Report and
letter of compliance issued.
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Federal Facilities and an MS4 Audit
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Resources Tools

• www.epa.gov/region6/sw
• www.epa.gov (search for MS4)

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Federal Facilities and an MS4 Audit
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Resources Tools

• EPAs Regulated Small MS4s website
• http//cfpub.epa.gov/npdes/stormwater/phase2.cfm
• Measurable Goals Guidance
• http//cfpub.epa.gov/npdes/stormwater/measurableg
  oals/index.cfm
• Stormwater Phase II Compliance Assistance Guide
• http//www.epa.gov/npdes/pubs/comguide.pdf

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Resources Tools

• Training
• http//cfpub.epa.gov/npdes/outreach.cfm?program_i
  d0otype1

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Resources Tools

• Final EPA MS4 Program Evaluation Guidance
• http//www.epa.gov/npdes/pubs/ms4guide_withappend
  ixa.pdf
• http//www.epa.gov/npdes/pubs/ms4guide_appendices
  b-d.pdf
• http//www.epa.gov/npdes/pubs/ms4guide_withappend
  ixa.doc
• http//www.epa.gov/npdes/pubs/ms4guide_appendices
  b-d.doc

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Resources Tools

• EPAs Menu of Best Management Practices (BMPs)
• http//cfpub.epa.gov/npdes/stormwater/menuofbmps/
  index.cfm
• Illicit Discharge Detection and Elimination
  Manual
• http//cfpub2.epa.gov/npdes/docs.cfm?program_id6
  viewallprogsortnameiddemanual
• or it can be downloaded from the Center for
  Watershed Protection website at
• http//www.cwp.org/idde_verify.htm
• EPA Stormwater Month Outreach Materials and
  Reference Documents
• http//cfpub.epa.gov/npdes/stormwatermonth.cfm

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• ????

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Contacts

• EPA Thea Lomax 214-665-8098
• Diana McDonald 214-665-7495
• Everett Spencer 214-665-8060
• Linda Smith 214-665-6641

Federal Facilities and an MS4 Audit
Federal Facilities and an MS4 Audit