Module 1 Stormwater Permit Program Robert Pitt Department

Module 1: Stormwater Permit Program Robert Pitt Department of Civil and Environmental Engineering University of Alabama Tuscaloosa, AL

Early Regulations • The Refuse Act of 1899 (33 USC 407) was used in 1970 to establish a discharge permit system (PL 92 -500). This act prohibited the discharge of any material, except sewage and runoff, into navigable waterways without a permit from the Dept. of the Army.

Goals of PL 92 -500 • The NPDES was to enable Congress’ goal of no pollutant discharges whatsoever by 1985. • Other goals of PL 92 -500 included the protection and propagation of fish, shellfish, and wildlife and recreational uses of water by July 1983, • to prohibit the discharge of toxic pollutants, to continue the funding of POTWs, to develop areawide wastewater treatment management plans, to fund a major resource and demonstration effort to improve treatment technology, and to protect the rights of the States to reduce pollution and to plan their water resources uses.

• There have been various other laws affecting non-point water quality management. The most important ones include the National Environmental Policy Act of 1969 (PL 91 -190) which requires environmental impact studies, and the Toxic Substances Control Act of 1965 (PL 94469).

Amendments to the Water Pollution Control Act 1956 (making the legislation permanent and to fund construction grants for POTWs), 1961 (increased funding for water quality research and construction grants), 1965 (increased construction grants and started research concerning combined sewer overflows), 1966 (removed the dollar limit on construction grants), 1972 (the most important advances to this date; act renamed “Clean Water Act”), 1977 (to extend some of the deadlines established in the 1972 amendments), and 1988 (to require discharge permits for stormwater).

Phase I of the Stormwater Permit Program • The EPA regulations to control stormwater runoff were first published in the Dec. 7, 1988 issue of the Federal Register. • These regulations initiated a permit process for urban runoff, but the reporting information required and the schedules vary depending on the land use and the size of the community. • The EPA was required by Section 405 of the Water Quality Act of 1987 to establish permit application requirements for large municipalities (having populations greater than 250, 000) and industrial concerns (including construction operations) by February 4, 1989. • Permit application requirements for municipalities having populations between 100, 000 and 250, 000 were to be established by February 4, 1991. • The first applications (for the industries and large cities) were to be submitted by February 4, 1990.

Some Features of Phase II of Stormwater Permit Program • Rule became final on Dec 8, 1999. • Small construction permit applications due starting March 10, 2003. • Applicable to all construction sites from 1 to 5 acres (Phase I covered larger sites). • Smaller sites may be covered if part of larger common plan, or if designated as a significant water pollutant contributor.

Waivers Available for Small Construction Sites • Low predicted rainfall erosion potential (NRCS rainfall erosivity factor, R, less than 5 for period of construction activity; not expected to be applicable for Alabama conditions), or • Determination that controls are not necessary based on TMDL analysis or equivalent (considering proximity to water resources and sensitivity of receiving waters).

Phase II Construction Program Requirements (EPA Guidance) • EPA recommends the use of existing Phase I general permits as a guide for developing Phase II small construction permits. Three general requirements: - Notice of Intent (NOI) - Stormwater Pollution Prevention Plan (SWPPP) - Notice of Termination (NOT)

Notice of Intent • Contains general information (location, timing, nearby water resources, etc. ) • Contains certification that the activity will not impact endangered or threatened species (for the EPA’s NOI, not commonly included in delegated state’s NOIs)

Storm Water Pollution Prevention Plan (SWPPP) • Lists and describes construction site erosion controls that will minimize the discharge of pollutants from the site • Technology-based standards (Best Available Technology, or BAT) • Professional judgment of permit writer (Best Conventional Technology, or BCT)

Notice of Termination • This is submitted when the final stabilization of the site has been achieved.

Recommended Controls for Small Construction Sites (EPA Guidance) • Best control accomplished through proper planning, installation, and maintenance of controls. • Non-Structural Controls: - Minimize disturbance - Preserve natural vegetation - Good housekeeping

Recommended Controls for Small Construction Sites (cont. ) • Small sites have less space that prevent use of some controls, plus less access to qualified help. • Structural Controls: - Erosion controls (mulch, grass, and stockpile covers) - Sediment controls (silt fence, inlet protection, check dams, stabilized construction entrances, and sediment traps)

Permit Requirements for each Regulatory Agency develop, implement, and enforce a program to reduce the discharge of pollutants and protect water quality to the “maximum extent practicable” must include six minimum control measures: - public education and outreach - public involvement and participation - illicit discharge detection and elimination - construction site stormwater runoff control - post-construction stormwater management in new development and redevelopment - pollution prevention and good housekeeping for municipal operations

Permit Requirements for each Regulatory Agency (cont. ) must submit a notice of intent (NOI), or permit application, and identify for each minimum control measure: - best management practices to be used - measurable goals - timeframe for implementation - responsible persons must evaluate program and submit reports

TMDL Regulations • Another important emerging regulation affecting drainage and stormwater quality is the TMDL program. • The TMDL program is aimed specifically at assuring attainment of water quality standards by requiring the establishment of pollutant loading targets and allocations for waters identified as not now in attainment with those standards. • Section 303(d)(1) of the Clean Water Act provides that states, with EPA review and approval, must identify waters not meeting standards, and must establish total maximum daily loads (TMDLs) for them to restore water quality.

• The National Water Quality Inventory Report to Congress for 1996 indicated that: • of the 19% of the nation’s rivers and streams that had been evaluated, 35% do not fully support water quality standards, or uses, and 8% are considered threatened. • Of the 72% of estuary waters evaluated, 38% are not fully supporting uses/standards and 4% are threatened. • Of the 40% of lakes, ponds and reservoirs evaluated (not including the Great Lakes), 39% are not fully supporting uses/standards and 10% are threatened.

• Under section 303(d)(1), states are required to identify and establish a priority ranking for waters not meeting water quality standards, taking into account the severity of the pollution and the uses to be made of the waters. • The EPA is required to review each state’s list of impaired waters. Once the list is established, the states are to develop a TMDL for each listed water.

• In general, a TMDL is a quantitative assessment of water quality problems, contributing sources, and pollution reductions needed to attain water quality standards. • The TMDL specifies the amount of pollution or other stressor that needs to be reduced to meet water quality standards, allocates pollution control, or management responsibilities among sources in a watershed, and provides a scientific and policy basis for taking actions needed to restore a waterbody.

• Beginning in 1986, and escalating since 1996, environmental public interest organizations have filed numerous lawsuits under the Clean Water Act’s citizen suit provision (section 505) alleging that the EPA had failed to carry out its mandatory duty to disapprove inadequate state section 303(d)(1) lists and/or TMDLs, or to carry out state program responsibilities where states have failed to do so.

• By mid 1998, all states had EPA‑approved 1996 section 303(d)(1) lists, but the content and scope of these lists varied greatly. • Development of TMDLs has been initiated at an increasing pace in some states, but most TMDLs remain to be completed. • Many of the waters still needing TMDLs are impaired by contributions from both point and nonpoint sources. • The EPA has undertaken a variety of steps to strengthen the TMDL program.