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Overview of the USEPA Storm Water Phase II Program Rules
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| The Purpose of the Storm Water Management Program
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Concentrated development in urbanized areas substantially increases impervious surfaces such as paved streets, driveways, parking lots, and sidewalks, in which pollutants from concentrated human activities settle and remain until a storm event washes them into nearby storm drains.
Polluted storm water runoff transported to municipal separate storm sewer systems (MS4s) ultimately discharge into local rivers and streams without treatment. EPA's Storm Water Phase II Rule establishes an MS4 storm water management program that is intended to improve the water quality of waterways by reducing the quantity of pollutants that storm waters pick up and carry into storm sewer systems during storm events. Common pollutants include oil and grease from roadways, pesticides from lawns, pet waste, sediment from construction sites, and carelessly discarded trash, such as cigarette butts, paper wrappers, and plastic bottles. When discharged into streams and rivers, these pollutants can impair the waterways, discouraging recreational use, contaminating drinking water supplies, and interfering with the habitat of+
fish, other aquatic organisms, and wildlife.
The Phase II program is designed to accommodate a general permit approach using a Notice of Intent (NOI) as the application.
Towns located within the US Census Bureau's 2000 Urbanized Areas are required to apply for the NPDES Permit coverage under the EPA Phase II Storm Water Permit Program. The following requirements for permit coverage may apply to Towns located within an Urbanized Area:
- The permit for MS4 operators will require the development of a storm water management program that controls pollutants from all of the MS4 discharge points to the "Maximum Extent Practical."
- The Phase II Rule defines a small MS4 storm water management program as a program comprising of the following listed six elements that, when implemented in concert, are expected to result in significant reductions of pollutants discharged into receiving waters:
- Public Education and Outreach on Storm Water Impacts
- Public Involvement/Participation
- Illicit Discharge Detection and Elimination
- Construction Site Storm Water Runoff Control
- Post Construction Storm Water Management in New Development and Redevelopment
- Pollution Prevention/Good Housekeeping for Municipal Operations
Storm water discharge associated with industrial activity owned/operated by the Town, such as a Department of Public Works garage, are also required to obtain permit coverage under the Phase II program.
Construction activity within the Town for sites from one to five acres is also regulated under the Phase II EPA program. The permit will require the owner and operator of the construction site to perform the following:
- Implement Erosion and Sediment Control Best Management Practices (BMPs).
- Control wastes such as discarded building materials, concrete truck washout and sanitary wastes.
- Develop and implement a Storm Water Pollution Prevention Plan.
- Submit a Site Plan that incorporates consideration of potential water quality impacts.
The Town, if they operate small MS4s, is essentially a compliance regulator for storm water systems for development projects. Local town subdivision and site plan review regulations should reflect storm water requirements. Instituting a storm water management plan for the Town is a means for the Town to develop, implement and enforce the reduction of pollutants in storm water runoff from construction activities that result in land disturbance of greater than or equal to one acre. Some of the requirements in the Phase II rules may already be in place by the same Towns; however, they may need to be upgraded. These requirements would include:
- Establish an ordinance or other regulatory mechanism requiring the implementation of proper erosion and sediment controls and controls for other wastes on applicable construction sites.
- Have procedures for site plan review of proposed construction plans that consider potential water quality impacts.
- Have procedures for site inspection and enforcement of control measures.
- Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanism).
CLD is currently under contract with a number of municipalities throughout Northern New England to establish the appropriate NPDES Phase II Programs and annual reporting processes.
Contact us today to find out how we may help your community become compliant with the NPDES Phase II regulations.
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