RIPDES Storm Water Program: Municipal Separate Storm Sewer Systems (MS4s)

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RIPDES Storm Water Program Municipal Separate
Storm Sewer Systems (MS4s)

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Who is Regulated under Phase II?

• Rule 31(a)(5)
• Municipalities are automatically designated if
  their small municipal separate storm sewer system
  (MS4) is located either completely or partially
  within an urbanized area (UA) or densely
  populated area (DPA)
• Federal, State, and Quasi-State facilities
  serving an average daily population of equal to
  or greater than 1,000 persons regardless of
  location
• Department of Transportation (DOT) MS4s in UAs,
  DPAs, and areas qualifying as divided highways
• MS4s designated on a case by case basis

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What is an MS4?

• Rule 31(b)(8)
• A municipal separate storm sewer system (MS4)
  is
• A conveyance or system of conveyances...
  owned by a State, city, town, or other public
  entity that discharges to waters of the U.S. and
  is
• designed or used for collecting or conveying
  storm water
• not a combined sewer
• not part of a Publicly Owned Treatment Works
  (POTW)

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What is a small MS4?

• Rule 31(b)(17)
• A small MS4 is any MS4 that is not already
  designated and regulated as a medium or large
  MS4, and includes Federally, State and
  Quasi-State operated systems.

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Urbanized Areas

• Rule 31(b)(20)
• A central place (or places) and the adjacent
  densely settled surrounding territory that
  together have a minimum residential population of
  50,000 people and a minimum average density of
  1,000 people/square mile.

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EPA Requires RIPDES to Develop Designation
Criteria

• EPAs recommended criteria
• High population density
• High growth or growth potential
• Discharge to sensitive waters
• Contiguity to an urbanized area
• Significant contributor of pollutants to
  waters of the U.S.
• Ineffective protection of water quality by other
  programs

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Densely Populated Area

• Rule 31(b)(21) (b)(22)
• Based on census designated places (CDPs), which
  are comprised of densely settled concentrations
  of population and are delineated by the U.S.
  Bureau of Census.
• To qualify as a DPA
• Population within CDP is or gt than 1,000 people
  per square mile and
• The CDP has or is part of a block of contiguous
  CDPs with a total population of at least 10,000
  people.

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Map of UAs, DPAs, and Divided Highways
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Sensitive Waters

• Rule 31(b)(23-25)
• Small MS4s must be protective of Special
  Resource Protection Waters (SRPWs), Outstanding
  National Resource Waters (ONRWs), and Impaired
  Waters Statewide.
• Regulated Small MS4s partially located within UAs
  or DPAs need to expand coverage throughout the
  jurisdiction in 2nd permit term or demonstrate
  adequate protection of these resources
• Small MS4s located outside of UAs or DPAs need to
  demonstrate adequate protection of these
  resources or apply for permit

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Waiver under Rule 31(g)(5)(i)(available to 5
communities)

• The small MS4 has a population of less than 1,000
  within an UA or is located within a DPA
• The small MS4 is not contributing to the
  pollutant loadings of a physically interconnected
  regulated MS4
• If the small MS4 is discharging to an impaired
  water body, storm water controls are not needed
  based on a TMDL that addresses the pollutants of
  concern
• If the small MS4 is discharging to an impaired
  water body and no TMDL has been completed, small
  MS4 required to submit plan to develop and
  implement minimum measures 1,3, and 6.

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Waiver under Rule 31(g)(5)(ii)(available to 7
communities)

• The small MS4 is located within jurisdiction with
  UAs or both UAs and DPAs that have a
  population of less than 10,000
• The small MS4 evaluated all waters that receive a
  discharge from the small MS4
• The small MS4 has demonstrated that storm water
  controls are not needed based on a TMDL or
  equivalent analysis that addresses the pollutants
  of concern
• The small MS4 has demonstrated that future
  discharges will not impact water quality.

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Waiver under Rule 31(g)(5)(iii)(available to 8
communities)

• Small MS4s located outside urbanized areas and
  densely populated areas, or previously waived and
  that discharges to SRPWs, ONRWs, or Impaired
  Waters will be required to obtain a permit
  unless
• Provide coverage for all SRPWs, ONRWs, or
  impaired waters
• Demonstrate that existing and future discharges
  from the MS4 do not have the potential to result
  in water quality impacts including habitat and
  biological impacts

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Program Requirements

• Rule 31(e)(3)
• Required to develop, implement and enforce a
  program to
• Reduce the discharge of pollutants to the maximum
  extent practicable (MEP)
• Six Minimum Control Measures
• Public Education and Outreach
• Public Involvement/Participation
• Illicit Discharge Detection and Elimination
• Construction Site Runoff Control
• Post-Construction Runoff Control
• Pollution Prevention/Good Housekeeping

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Public Education and Outreach

• Requirements
• Implement a public education
  program to distribute educational materials in
  the community or conduct equivalent outreach
  activities regarding impacts and pollution
  prevention
• Determine appropriate best management practices
  (BMPs) and measurable goals

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Public Involvement/Participation

• Requirements
• Comply with applicable State and local public
  notice requirements
• Determine appropriate best management practices
  (BMPs) and measurable goals

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Illicit Discharge Detection and Elimination

• Requirements
• Develop a storm sewer map, showing the location
  of all outfalls and the names and location of all
  waters of the State that receive discharges from
  those outfalls
• Develop ordinances or other regulatory mechanisms
  to prohibit non-storm water discharges into the
  MS4
• Ensure program can take appropriate enforcement
  actions

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Illicit Discharge Detection and Elimination

• Requirements (continued)
• Develop and implement a plan to detect and
  address non-storm water discharges, including
  illegal dumping into the MS4
• Educate public employees, businesses, and the
  general public about the hazards associated with
  illegal discharges and improper disposal of waste
• Determine appropriate best management practices
  (BMPs) and measurable goals

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Construction Site Runoff Control

• Requirements
• Develop and ordinance or other
  regulatory mechanism (with penalties
  to ensure compliance), that requires
  the implementation of proper
  erosion and sediment controls,
  and controls for other wastes
• Procedures for site plan review site of
  construction plans that consider potential water
  quality impacts as well as site inspection and
  enforcement of control measures

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Construction Site Runoff Control

• Requirements (continued)
• Establish procedures for the receipt and
  consideration of information submitted by the
  public
• Determine appropriate best management practices
  (BMPs) and measurable goals

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Post Construction Runoff Control

• Requirements
• Develop and implement
  strategies which include a combination
  of structural and/or non-structural BMPs
• Develop an ordinance or other regulatory
  mechanism requiring the implementation of
  post-construction runoff controls
• Ensure adequate long-term operation and
  maintenance of controls
• Determine appropriate best management practices
  (BMPs) and measurable goals

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Pollution Prevention/Good Housekeeping

• Requirements
• Develop and implement an
  operation and maintenance program with the
  ultimate goal of preventing or reducing pollutant
  runoff from municipal operations into the storm
  sewer systems
• Include employee training on how to incorporate
  pollution prevention/good housekeeping techniques
  into municipal operations
• Determine appropriate best management practices
  (BMPs) and measurable goals

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Regulated Small MS4 Permit Requirements

• Rule 31(e)(3)
• Must submit an Storm Water Management Program
  Plan (NOI) or individual permit application and
  identify the following elements for each minimum
  control measure
• Best management practices
• Measurable goals
• Timing, interim milestones, and frequency of
  actions
• Responsible persons
• Must include recommendations of TMDL

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Deadline for Small MS4 Compliance Rule 31(f)(8)

• Permit Application Deadline March 10, 2003
• Small MS4s located in UAs or DPAs
• Federal or State small MS4s serving an average
  daily population of equal to or greater than
  1,000
• DOT small MS4s located in UAs, DPAs, or serves a
  divided highway
• Permit Application Deadline March 10, 2008
• Small MS4s discharging to SRPWs, ONRWs, Impaired
  Waters, if a waiver has not been granted under
  Rule 31(g)(5)(iii)

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Deadlines for Small MS4 Compliance Rule 31(f)(9)

• Waiver Application Deadline March 10, 2002
• Small MS4s seeking waiver under Rule 31(g)(5)(i)
  31(g)(5)(ii)
• Waiver Application Deadline March 10, 2007
• Small MS4s seeking waiver under Rule 31(g)(5)(iii)