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MS-4 Requirements and the EPA
July 16, 2014
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MS4 Requirements and the EPASeptember 3, 2014
Timothy S. Bytner, EsquireBabst Calland
(412) [email protected]
www.babstcalland.com
AgendaI. MS4 Requirements Refresher Basic MS4 Requirements Six Minimum Controls
II. EPA’s Administrative Order Statutory Background EPA’s Determination of Violations
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Basic MS4 Requirements
Basics: Stormwater Management Program MS4 TMDL Plan Chesapeake Bay Pollutant Reduction Plan
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Basic MS4 Requirements
Reporting New Permits/Chesapeake Bay Watershed Renewal Permits
Recordkeeping Reports Made to DEP Retained for at least 3 years + 1 year after termination of discharge
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Six Minimum Control Measures
MCMs1. Public Education and Outreach
2. Public Involvement and Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post-Construction Stormwater Management
6. Stormwater Management for Municipal Operations
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Six Minimum Control Measures
Public Education and Outreach Programs and Activities BMPs and Measurable Goals
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Six Minimum Control Measures
Public Involvement/Participation Comply with applicable public notice requirements BMPs and Measurable Goals
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Six Minimum Control Measures
Illicit Discharge Detection and Elimination Dry Weather Discharges Direct Tie-Ins from Residential Areas Indirect Sources – Car Washing, Cracked Sewer Lines
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Six Minimum Control Measures
Construction Site Runoff Control Requirements for Owners/Operators
5,000 Square Feet Threshold 1 Acre Threshold
Municipality’s Role Ordinance
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Six Minimum Control Measures
Post-Construction Stormwater Management DEP Requirements Municipality’s Role
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Six Minimum Control Measures
Stormwater Management for Municipal Operations O&M Program BMPs
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EPA’s Administrative Order
Statutory Background Clean Water Act EPA Authority Delegation to PA Overfiling
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EPA’s Administrative Order
Background of Orders Issued in Late May/Early June Timeframe Reviews of Annual Reports Alleged Violations of 6 MCMs
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EPA’s Administrative Order
Majority of Alleged Violations Involve: Public Education and Outreach Public Participation/Involvement Illicit Discharge Detection and Elimination Construction Site Stormwater Runoff Control Post-Construction Stormwater Management in New
Development and Redevelopment
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EPA’s Administrative Order
Order for Compliance: Response to Order Judicial Review
Potential Penalties Civil = $37,500/Day/Violation Criminal = $50,000/Day/Violation + Imprisonment
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EPA’s Administrative Order
Next Steps: Appeal? Negotiations
Work Plan Penalties
Attorneys
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Questions or Comments
Tim Bytner
(412) 394-6504
Kevin Garber
(412) 394-5404
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