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Understanding The New Understanding The New Stormwater RegulationsStormwater Regulations

~~An Introduction For Municipal OfficialsAn Introduction For Municipal Officials

Understanding The New Understanding The New Stormwater RegulationsStormwater Regulations

~~An Introduction For Municipal OfficialsAn Introduction For Municipal Officials

Stephen J. Souza, Ph.D

Princeton Hydro, LLCSuite 1, 1108 Old York Rd.

P.O. Box 720

Ringoes, New Jersey 08551

Stephen J. Souza, Ph.D

Princeton Hydro, LLCSuite 1, 1108 Old York Rd.

P.O. Box 720

Ringoes, New Jersey 08551

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Understanding The New Understanding The New Stormwater RegulationsStormwater Regulations

~~An Introduction For Municipal OfficialsAn Introduction For Municipal Officials

Understanding The New Understanding The New Stormwater RegulationsStormwater Regulations

~~An Introduction For Municipal OfficialsAn Introduction For Municipal Officials

Ten Towns CommitteeGreat Swamp Watershed Management Committee

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Why Bother ???

• Over 60% of existing water quality problems are the result of non-point source pollution linked to stormwater runoff

• Stormwater runoff can degrade the quality of wetlands, surface water and groundwater

• This impacts the ecological, recreational and aesthetic attributes of of these resources

• Degraded surface and groundwater can cause or lead to human health impacts

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Hydrologic Response Pre- Development

40% Evapo-Transpiration

45 - 50%Recharge

10-15%Runoff

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Hydrologic Response Post- Development

30 % Evaporation

15 %Recharge

55 %Runoff

10% or greater impervious cover enough to impact stream channels

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Watershed Development and Water Pollution

• Particulate Matter (TSS)• Nutrients (nitrogen and phosphorus)• Heavy Metals (lead, zinc, copper, etc.)• Petroleum Hydrocarbons• Pathogenic Organisms • Others (acid rain, pesticides, road salt,

algal by-products)

Increase in the rate, amounts and types of pollutants

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Types of NPS Pollution

• Litter• Lawn Fertilizers • House/garden Pesticides • Household Hazardous Products (e.g.

paint thinner)  • Motor Oil • Car Washing • Pet Waste 

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Phase II - Municipal Regulations

• In 1999 the USEPA adopted rules for the nation-wide NPDES permits for municipal stormwater discharges from small construction sites and municipalities (implement Section 402(p)(6) of the Clean Water Act)

• States were required to adopt municipal stormwater management rules by March of 2003

• The rules pertain to MS4s – Municipal Separate Storm Sewer Systems

• Intent of new rules is to improve the quality of surface waters, thus enabling them to their meet designated uses

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• Statewide Requirements – Nonstructural SWM Strategies – Groundwater Recharge – Quantity Control – Quality Control

• Municipal Stormwater Planning• Regional Stormwater Management Planning • Protections for Special Water Resource

NJDEP Stormwater Management Rules

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Two Separate But Related Elements

• Stormwater management regulations for new construction– Addresses flooding, infiltration and pollutant

loading issues associated with stormwater– Standardizes the methodology associated

with the management of stormwater

• Phase II NJPDES permits for MS4s

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Stormwater Management Plan

Stormwater Control Ordinance

Stormwater Q/Q/R Reqs

Stormwater Management Plan

Stormwater Control Ordinance

Stormwater Q/Q/R Reqs

New Development New Development

NJ Stormwater Program

Stormwater Pollution Prevention

Best Management Practices

NJ Stormwater Program

Stormwater Pollution Prevention

Best Management Practices

Additional Measures

Additional Measures

Optional Measures

Optional Measures

Existing Development Existing Development

Statewide BasicRequirements

Statewide BasicRequirements

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Who Do These New Rules Affect?

General Permit (GP) must be obtained by:General Permit (GP) must be obtained by:• Large municipalities (Tier A) – population >10,000• Rural municipalities (Tier B) - population <10,000• Public Complexes• Highway Agencies

The General Permit entails implementation of The General Permit entails implementation of general “pollution prevention practices and general “pollution prevention practices and engineering controls”engineering controls”

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Municipal Tier Assignments

467 Tier A

99 Tier B

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Requirements for BOTH Tier A and Tier B

• Develop and adopt stormwater management (SWM) plan

• Develop and adopt SWM ordinance

• Conduct public education

• Implement as needed additional measures

As per

NJAC 7:8

Discussed later

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Regulation Timetable

• December 1999 Final Rule (EPA)• January 2003 - NJDEP draft Stormwater

Management Regulations published• Rules officially adopted 2 February 2004. • RFA mailed out in early February• RFA to be returned by March• Upon acceptance of General Permit, meet

requirements following schedule established for Tier A and Tier B municipalities

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The General Permit – Step 1 of Compliance

• The RFA vehicle for regulated entity to apply for General Permit

• The RFA a simple 2 or 3 page form with a certification

• In the RFA, the NJDEP will request most basic information, specific contents of the form is contained in each general permit

• Completed RFA returned to NJDEP

March

2004

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Phase II NJPDES General Permit

Minimum Control Measures

• Public education and outreach concerning NPS pollution

• Public involvement• Map location of all outfalls and identify illicit

connections• Runoff controls for construction sites• Runoff controls for post-development and

redevelopment• Pollution prevention and implementation of “good

housekeeping” at municipal facilities

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Public Education Public Involvement

• Must make efforts to inform public about the potential environmental impacts due to NPS pollution such as improper disposal of household hazardous material, excessive fertilizer and pesticide use, etc.

• Involve public in NPS control efforts such as stream sampling, storm drain stenciling, stream cleanups, etc.

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Public Education Public Involvement

• Must make efforts to inform public about the potential environmental “grass-roots”impacts of NPS pollution such as improper disposal of household hazardous material, excessive fertilizer and pesticide use, etc.

• Involve public in NPS control efforts such as stream sampling, storm drain stenciling, stream cleanups, etc.

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Public Education Public Involvement

• Must make efforts to inform public about the potential environmental impacts due to NPS pollution such as improper disposal of household hazardous material, excessive fertilizer and pesticide use, etc.

• Involve public in NPS control efforts such as stream sampling, storm drain stenciling, stream cleanups, etc.

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Good Housekeeping

The permittee must implement stormwater pollution prevention measures at municipally owned facilities such as DPW yards, fueling depots, vehicle maintenance facilities, salt/sand storage areas, etc.

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Construction Site Runoff Control Practices

• Erosion control practices must be enforced at construction sites

• Pollution prevention measures must be implemented at construction sites

• Applies to disturbances of greater than one (1) or more acres of land

• Doesn’t do away with need for County SCD permit for disturbances of >5,000 ft2

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Post-Construction Stormwater Management

• Adopt SWM Plan• Adopt and implement SWM ordinance• Ensure maintenance of SW BMPs• Implement NJDEP stormwater management

regulations pertaining to new development, compliance with RSIS

Peak flow mitigation, Water quality enhancement, Recharge

• Meet design standards for storm drain inlets

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Outfall Mapping and Illicit Connection ID

• Locate outfalls

• Develop database

• Integrate with GIS

• Use for record keeping– Last inspection– Last cleanout or maintenance

• Tie in with monitoring program

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Source Control Activities

Reduce or Eliminate Potential Stormwater Impacts• “Pooper-Scooper” ordinances• Lawn waste management• Pollution prevention at municipal facilities• Salt and sand storage• Floatables control - trash cans, litter ordinances,

outfall collection, street sweeping• Road erosion control• Stormwater facility maintenance

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Optional Source Control Measures

• Increased infiltration/groundwater recharge• Alternative road deicing techniques• Orphan stormwater detention basin adoption• Wildlife management (concerns about geese)• Retrofit / upgrade of existing SW controls

Ways to Further Enhance a Stormwater Program

May Result from a TMDL or WQMP

Ways to Further Enhance a Stormwater Program

May Result from a TMDL or WQMP

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Additional Measures

• Inclusion of Additional Measures, which are requirements that go beyond the SBR’s of the General Permit,

• May be a triggered by a Water Quality Management Plan (WQMP), a TMDL, or regional stormwater management plan

• Protection of a unique surface water• Restoration of a stressed or impaired

surface water

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Special Water Resource Protection

• The rules also provide the special protections needed for the state’s high quality waters,

• Includes drinking water reservoirs and streams that provide critical natural resource habitat,

• Will require the maintenance of vegetated areas (buffers) along waterways designated as Category One (C1) water resources.

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Special Water Resource Protection Area – Proposed Buffer

• 300-foot buffer along waters and their tributaries within HUC14 for C1 waters

• Encroachment within the area allowed if previously disturbed or for stabilization – Must meet 95% TSS removal and address

loss of function – Encroachment limited to 150-foot from top

of bank or centerline where no bank is defined

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Municipal SWM Plan

• Address water quality, groundwater recharge, and water quantity impacts from stormwater

• Must include SW rule performance standards or conform with RSWMP

• Develop mitigation plan in order to grant variance or exemption from standards

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Regional SWM Plan

Regional Stormwater Management Plans

• Lead planning agency, regional stormwater committee integrated with watershed plans and TMDLs

• Characterize drainage area, rank quality and quantity issues, develop drainage area specific objective and performance standards, and BMP implementation plan

• Adopt as an amendment to area-wide water quality management plan

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Stormwater Management for New Development

• Flood control – same as existing, must reduce peak flow of 2, 10 and 100-year storm to 50%, 75% and 80% of pre-existing condition

• Quality – Must decrease post-development total suspended solids load by 80%

• Infiltration – Must recharge 100% of the volume recharged prior to the site’s development, provisions included for redevelopment

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Groundwater Recharge

• Groundwater recharge: infiltrated water that is not evapotranspired

• Maintain existing (100%) average annual groundwater recharge OR…..

• Infiltrate the increase in the 2-year storm

• Groundwater shall not be recharged in areas with high pollutant loading

• Waiver available for urban redevelopment

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Groundwater Recharge

• Computational Methodology Developed by NJDEP with Joe Skupien, NJGS, and USGS

• Simplified and Refined by Kaveh Zomorodi - Dewberry & Davis

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Water Quality

• Reduce Post-construction TSS Load by 80% – TSS Removal Rates Based on BMP Manual

• Reduce nutrients to the maximum extent feasible – Minimize nutrient input – Select BMP for optimum nutrient removal – Design BMP so nutrients are not imported

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Summary of New Regulations

• Improved controls for management of runoff from new developments

• Promotion of recharge and NPS control• Issuance of Phase II NJDES general

permits to regulated entities, RFA requirements of municipalities

• Municipal and Regional SWM Planning• Additional protection for high quality

waters

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Thank You!Questions?

Stephen J. Souza, Ph.D.Stephen J. Souza, Ph.D.Princeton Hydro, LLCPrinceton Hydro, LLC

1108 Old York Rd, Suite 11108 Old York Rd, Suite 1P.O. Box 720P.O. Box 720

Ringoes, NJ 08551Ringoes, NJ 08551908-237-5660908-237-5660

Ssouza@princetonhydro.comSsouza@princetonhydro.com