Fred Noble P E State NPDES Administrator Florida

Fred Noble, P. E. State NPDES Administrator Florida Department of Transportation NPDES MS 4 Permit Overview 2016 Maintenance Conference

Panel Members § Fred Noble, P. E. - State NPDES Administrator - FDOT (Overview of program) § Dr. Steve Peene - Dir. Water Resources - Applied Technology & Management (CO) (SSWMP, maintenance frequency, yards, fertilizer, herbicides/pesticides) § Mr. Robert Potts - Senior Scientist - ESciences (D 1, D 3, D 5, CO) (IDDE, spill response, public education) § Mr. Tim Kelly - Project Manager - Amec Foster Wheeler (D 7) (BMP maintenance, street sweeping, litter, awareness)

What is NPDES? National Pollutant Discharge Elimination System • Water quality permitting program established under the Federal Clean Water Act (CWA) of 1972 • CWA amended in 1987 to include Stormwater • NPDES stormwater regulations established for MS 4 s, construction and industrial activity • NPDES Stormwater program delegated from USEPA to Florida DEP in 2000

What is an MS 4? § Municipal Separate Storm Sewer System “Municipal separate storm sewer or MS 4 means a conveyance or system of conveyances like roads with stormwater systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains: (a) Owned or operated by a State, city, town, county, special district, association, or other public body (created by or pursuant to State Law) having jurisdiction over management and discharge of stormwater and which discharges to surface waters of the state; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part of a Publicly Owned Treatment Works (POTW). POTW means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a “State” or “municipality. ” This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment. ” [Rule 62 -624. 200(8), F. A. C. ] In other words, most of our stormwater collection, conveyance, treatment and discharge systems!

FDOT MS 4 Permit Areas § FDOT co-permittee in 15 Phase I MS 4 individual permits § FDOT covered in 11 Phase II General (Generic) Permit areas in 27 counties

What are TMDLs? § Total Maximum Daily Loads • Also required by Federal CWA • And State Statute “Florida Watershed Restoration Act” (403. 067, F. S. ) • Impaired Waters Rule – Water body does not meet standards • TMDL Rule – Establish how much pollutant load water body can take and required load reductions • Implementation of TMDLs through: – Basin Management Action Plans (BMAPs) – Reasonable Assurance Plans (RAPs) – And MS 4 permits!

FDOT TMDL, BMAP and RAP Areas FDOT in 937 TMDLs (Mostly for nutrients and bacteria) TMDLs FDOT stakeholder in 29 BMAPs and 4 RAPs BMAPs, RAPs and other non-BMAP TMDL implementation plans

Why is it Important? § Clean and abundant water for people and the environment… • Drinking and residential uses • Recreation • Swimming, fishing, boating, etc. • • Agriculture Preservation of natural systems Industry Transportation

Why is it Important? . . . and preserves the quality of our environment…

Why is it Important? § Fines and costs for noncompliance… • Hawaii DOT MS 4 EPA/DOJ enforcement case • $1 Million Civil Penalty • $50 Million to come into compliance • Rhode Island DOT MS 4 EPA/DOJ enforcement case • $315 K Civil Penalty • > $100 Million to come into compliance

What Does it Mean to FDOT Maintenance? Required by MS 4 permit… § Routine inspection and maintenance of stormwater features • Detailed in Statewide Stormwater Management Plan (SSWMP) § Illicit Discharge Detection and Elimination (IDDE) Training for all FDOT and Contractor field personnel

What Does it Mean to FDOT Maintenance? Required by MS 4 permit… § Street sweeping § Fertilizer use management and certification § Herbicide and pesticide use management and certification

What Does it Mean to FDOT Maintenance? Required by MS 4 permit… § Stormwater management and pollution prevention at Operation Centers § Litter Control Programs

What Does it Mean to FDOT Maintenance? Important BMAP commitments to meet nutrient TMDLs… § Eliminate routine maintenance fertilization § Street Sweeping

Thank You! Fred Noble, P. E. State NPDES Administrator Florida Department of Transportation fred. noble@dot. state. fl. us