Regulatory Review – The Municipal Regional Permit & More

Regulatory Review –

The Municipal Regional Permit &

MoreKristin Kerr, EOA, Inc.

Commercial/Industrial & IDDE Stormwater Inspector Training Workshop

April 25, 2012

Regulatory Update

• Stormwater Regulations• Municipal Regional Permit Requirements

– C.4 Industrial/Commercial Site Controls– C.5 IDDE– C.12 PCBs Controls– C.13 Copper Controls

• Statewide Stormwater Industrial Activities General Permit

• SMCWPPP Organization & Resources

Why Do We Have a Municipal Stormwater Permit?

• Since 1987 the federal Clean Water Act has required municipalities to obtain permits to discharge stormwater from municipal storm drain systems

• These are National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permits

• Larger municipalities’ permits called

Phase 1 and smaller ones Phase 2

Municipal NPDES Permitting Authority

Roles of State and FedsState Water Bd. – SacramentoReg. Water Bd. –Oakland*1. Day to day assistance and

oversight*2. Adopt NPDES permits3. Enforce NPDES permits, e.g.,

Notices of Violation & Administrative Civil Liability

4. Identify water quality impairments and planned solutions (TMDLs)

5. Updates regionwide Water Quality Control Plan (Basin Plan)

U.S. EPA Hdqtrs. – Wash. D.CU.S. EPA Reg. IX– S. F.1. May audit your city’s

stormwater program and businesses in your city

2. Approve NPDES permits adopted by Water Bd.

3. Has independent permit enforcement authority

4. Provides nationwide consistency and some funding

5. Approves Basin Plan

What is the Municipal Regional Permit(MRP)?

Applies to cities, counties, and districts* in: San Mateo, Alameda,

Contra Costa, and Santa Clara Counties

Fairfield and Suisun City (Solano County)

Vallejo (Solano County)*76 Permittees

Regional permit regulating municipal stormwater systems

Adopted by Regional Water Board: October 14, 2009

Effective date: December 1, 2009

What Do Municipal Stormwater Permits Require?

If you only remember two general things:I. Implement controls to reduce the

discharge of pollutants in stormwater to the maximum extent practicable, AND

II. Effectively prohibit non-stormwater discharges into the storm drains

Commercial/Industrial Inspection Requirements in the MRP

• Provision C.4• Implement commercial & industrial site

inspection & control program – at all sites that could cause or contribute to

pollution of SW runoff

• Implement with inspections, effective follow-up and enforcement

• Prevent discharges of pollutants and impacts on receiving waters


• Legal Authority– to inspect sites; – require compliance; and– require sites have appropriate and effective

BMPs

• Staff Training– Focused training annually


• Business Inspection Plan– Prioritize inspections;– Inspection frequency;– Recordkeeping & Annual Reports – Facility

Lists;


• Business Inspection Plan– Identify facilities by 8 activity areas

• Outdoor process and manufacturing• Outdoor material storage• Outdoor waste storage and disposal• Outdoor vehicle & equipment storage & maintenance• Outdoor wash areas• Outdoor drainage from indoor areas• Rooftop equipment• Other sources determined to have potential to contribute to

pollution of stormwater runoff

Industrial/Commercial Inspection Requirements in the MRP

• Business Inspection Plan cont.– Identify by types of facilities:

• NOI• Vehicle salvage yards• Metal and other recycled materials collection facilities, waste

transfer facilities• Vehicle mechanical repair, maintenance, fueling or cleaning• Building trades central facilities or yards, corporation yards• Nurseries or greenhouses• Building material retailers & storage• Plastic manufacturers• Other facilities determined to have potential to contribute to

pollution of stormwater runoff


• Enforcement Response Plan– Implemented by April 1, 2010– Enforcement Actions– Timely correction of violations

• Before next rain event• ≤ 10 business days• Provide rationale if > 10 business days needed

– Referral & coordination with Water Board


• Recordkeeping• Electronic database or table*

– Facility– Inspection date– Industrial General Permit coverage required– Compliance status– Type of enforcement– Type of activity or pollutant source– Specific problems– Problem resolution– Comments

• Annual Report – summary numbers should match tabular data

* RB has requested permittees submit electronic data tracking tables

Illicit Discharge Inspection Requirements in the MRP

• Provision C.5• Implement program with centralized

complaint collection & follow-up component and active surveillance component

• Detect & control illicit discharges not already controlled under C.4 Industrial/Commercial Site Controls and C.6 Construction Site Controls


• Legal authority to prohibit, control and eliminate non-stormwater discharges– Sewage– Wash water from cleaning exterior surfaces,

pavement or equipment– Runoff from material storage areas– Pool or fountain water discharges containing chlorine,

biocides, chemicals or filter backwash– Sediment, pet waste, vegetation clippings, landscape

or construction related wastes– Food related wastes


• Enforcement Response Plan– Implemented by April 1, 2010– Enforcement Actions– Timely correction of violations

• Before next rain event• ≤ 10 business days• Provide rationale if > 10 business days needed

– Escalated responses to achieve compliance


• Complaint Response– Central contact point– Spill/dumping response flow chart, phone tree

or contact list– Conduct reactive inspections & follow-up– Data Tracking*

• Complaint info• Investigation info• Response time

*SMCWPPP Excel Template

PCBs Controls

• Provision C.12.a

• Polychlorinated Biphenyls (PCBs)

• Incorporate PCBs & PCB-containing equipment identification in existing industrial inspections– Document incidents– Refer to appropriate agency– Training*

*BASMAA Pollutant of Concern (POC) training materials

Copper Controls• Provision C.13.d• Industrial Sources

– Identify & include in inspection program facilities likely to use copper or have sources of copper

– Consider roof runoff that might accumulate copper deposits from ventilation systems on-site

– Ensure proper BMPs– Inspector training*

• C.13.b Manage discharges from pools, spas & fountains containing copper-based chemicals

*BASMAA Pollutant of Concern (POC) training materials

Statewide Stormwater Industrial Activities General Permit

• New draft permit coming end of April• Compliance regulated by Regional Water Board

staff• Facilities file Notice of Intent (NOI)• MRP requires SW Inspectors to:

– evaluate if coverage is needed under the General Permit,

– Track if NOI was filed– Refer non-filers to RWB staff– Include NOI facilities in Business Inspection Plan

San Mateo Countywide Water Pollution Control Program

ORGANIZATIONAL STRUCTURE

City/County Association of Governments

(C/CAG) Richard Napier, Executive Director

NPDES Permit Subcommittee

New Development and Construction

Subcommittee

Public Works Municipal Maintenance

Subcommittee

Watershed Assessment and Monitoring

Subcommittee

Public Information/Participation

Subcommittee

Commercial/Industrial/Illicit Discharge (CII) Subcommittee

Technical Advisory Committee Chair: Matt Fabry, NPDES General Program Coordinator

Parks Maintenance and Integrated Pest Management

Work Group

Regional Water Quality Control Board

Sue Ma

Trash Work Group

SMCWPPP Assistance

• CII Subcommittee Meetings

• CII Training Workgroup Meetings

• SMCWPPP Orientation Training materials

• BASMAA Pollutants of Concern (POC) training materials for PCBs and Copper

• Website: www.flowstobay.org

http://www.flowstobay.org/

Documents

Regulatory Review – The Municipal Regional Permit & More