Stormwater Regulations Stormwater Regulations that affect POTWs and that affect POTWs and

Collection SystemsCollection Systems

NBWA WorkshopNBWA Workshop

Ray Goebel, EOA, Inc.Ray Goebel, EOA, Inc.

June 23, 2009June 23, 2009

Stormwater PerspectiveStormwater Perspective(Regulatory Drivers) (Regulatory Drivers)

Clean Water Act & Federal RegulationsClean Water Act & Federal Regulations Phase II General Stormwater PermitPhase II General Stormwater Permit Phase I Permits / Draft Municipal Regional PermitPhase I Permits / Draft Municipal Regional Permit Local OrdinancesLocal Ordinances

Phase II Stormwater PermitPhase II Stormwater Permit State Water Board General Permit “Waste State Water Board General Permit “Waste

Discharge Requirements for Storm Water Discharge Requirements for Storm Water Dischargers from Small Municipal Separate Dischargers from Small Municipal Separate Storm Sewers Systems (MS4s)”Storm Sewers Systems (MS4s)”

Applicability:Applicability: High population density (>1000 residents/miHigh population density (>1000 residents/mi22)) High growth or growth potentialHigh growth or growth potential Significant contributor of pollutants or discharge to Significant contributor of pollutants or discharge to

sensitive receiving water bodiessensitive receiving water bodies In Marin Co., all cities, towns, & county unincorporated In Marin Co., all cities, towns, & county unincorporated

area are regulated area are regulated

Phase II Permit RequirementsPhase II Permit Requirements(condensed)(condensed)

Prohibits discharge of material other than storm Prohibits discharge of material other than storm water to waters of U.S., unless exempt or water to waters of U.S., unless exempt or authorized by separate NPDES permit.authorized by separate NPDES permit.

Implement best management practices (BMPs) to Implement best management practices (BMPs) to reduce pollutants in stormwater to maximum extent reduce pollutants in stormwater to maximum extent practicable (MEP)practicable (MEP)

Develop a Storm Water Management Program Develop a Storm Water Management Program (SWMP), plus legal authority to implement and (SWMP), plus legal authority to implement and enforce enforce

Annual reporting that includes assessment of BMP Annual reporting that includes assessment of BMP effectivenesseffectiveness

Phase II Permit RequirementsPhase II Permit Requirements(condensed)(condensed)

Supplemental provisions for MS4s serving a Supplemental provisions for MS4s serving a population > 50,000population > 50,000 These MS4s are subject to more prescriptive These MS4s are subject to more prescriptive

design standards and run-off controls, some of design standards and run-off controls, some of which refer to diversion to sanitary sewer.which refer to diversion to sanitary sewer.

Examples: restaurant outdoor wash areas and Examples: restaurant outdoor wash areas and automotive repair shop vehicle/equipment wash automotive repair shop vehicle/equipment wash areas.areas.

SWMP RequirementsSWMP Requirements Must describe BMPs and associated Must describe BMPs and associated

measurable goals for six minimum control measurable goals for six minimum control measures (MCMs):measures (MCMs): Public Education and Outreach on Storm Water Public Education and Outreach on Storm Water

ImpactsImpacts Public Involvement / ParticipationPublic Involvement / Participation Illicit Discharge Detection and EliminationIllicit Discharge Detection and Elimination Construction Site Storm Water Runoff ControlConstruction Site Storm Water Runoff Control Post-Construction Storm Water Management in New Post-Construction Storm Water Management in New

Development and RedevelopmentDevelopment and Redevelopment Pollution Prevention/Good Housekeeping for Pollution Prevention/Good Housekeeping for

Municipal OperationsMunicipal Operations

Illicit Discharge Detection and Illicit Discharge Detection and Elimination - 1Elimination - 1

““To the extent allowable under State or local law, To the extent allowable under State or local law, effectively prohibit, through ordinance or other effectively prohibit, through ordinance or other regulatory mechanism, non-storm water regulatory mechanism, non-storm water discharges into the MS4 and implement discharges into the MS4 and implement appropriate enforcement procedures and actions”appropriate enforcement procedures and actions”

BMPs developed pursuant to this requirement BMPs developed pursuant to this requirement may specify diversion of non-stormwater may specify diversion of non-stormwater discharges to sanitary sewer. discharges to sanitary sewer.

Illicit Discharge Detection and Illicit Discharge Detection and Elimination - 2 Elimination - 2

This provision also contains 17 categories of non-This provision also contains 17 categories of non-storm discharges that can be exempt from the storm discharges that can be exempt from the prohibition. Examples include:prohibition. Examples include: Potable water line flushingPotable water line flushing Uncontaminated pumped groundwater, foundation drainsUncontaminated pumped groundwater, foundation drains Landscape irrigationLandscape irrigation Individual residential car washingIndividual residential car washing

However, a given agency’s BMP or local ordinance However, a given agency’s BMP or local ordinance may not exempt a particular category may not exempt a particular category

Phase I Permits / Draft Municipal Phase I Permits / Draft Municipal Regional Permit (MRP)Regional Permit (MRP)

Larger jurisdictions fall under individual Phase I Larger jurisdictions fall under individual Phase I Permits (not general permit) Permits (not general permit)

Regional Water Board is consolidating 6 Phase I Regional Water Board is consolidating 6 Phase I municipal stormwater permits into one regional municipal stormwater permits into one regional Bay Area permit (77 permittees)Bay Area permit (77 permittees)

MRP was developed to ensure consistent level of MRP was developed to ensure consistent level of implementation and reportingimplementation and reporting

Does not include Marin, Sonoma, Napa County Does not include Marin, Sonoma, Napa County stormwater programs, but provides insight into stormwater programs, but provides insight into possible future Phase II permit requirements.possible future Phase II permit requirements.

Draft MRPDraft MRP More detailed and prescriptive requirementsMore detailed and prescriptive requirements

Emphasis on specific pollutants, including trashEmphasis on specific pollutants, including trash

Diversion to sanitary sewer is cited as a potential Diversion to sanitary sewer is cited as a potential control option in a number of cases control option in a number of cases

Defers to sanitary sewer agency authority to Defers to sanitary sewer agency authority to impose conditions or reject such dischargesimpose conditions or reject such discharges

Requirement for feasibility studies / pilot testing of Requirement for feasibility studies / pilot testing of “first flush” stormwater and dry season storm “first flush” stormwater and dry season storm drain diversion to POTW (this provision drain diversion to POTW (this provision specifically linked to PCB and mercury controls)specifically linked to PCB and mercury controls)

Draft MRPDraft MRP

Examples where diversion to sanitary sewer is Examples where diversion to sanitary sewer is cited as a potential control option:cited as a potential control option: Municipal Maintenance Activities – asphalt cutting, Municipal Maintenance Activities – asphalt cutting,

sidewalk/pavement washing, Corp Yard vehicle/equip sidewalk/pavement washing, Corp Yard vehicle/equip wash areaswash areas

Low Impact Development Provisions – dumpster drips, Low Impact Development Provisions – dumpster drips, wash areas, swimming pool & fire sprinkler test waterwash areas, swimming pool & fire sprinkler test water (if onsite discharge is not feasible) (if onsite discharge is not feasible)

Copper Control Measures – discharge from pools spas Copper Control Measures – discharge from pools spas and fountains that contain copper-based chemicalsand fountains that contain copper-based chemicals

Wastewater PerspectiveWastewater Perspective

Miscellaneous ThoughtsMiscellaneous Thoughts

Benefits & OpportunitiesBenefits & Opportunities

Issues and Concerns - GeneralIssues and Concerns - General

Issues and Concerns for Workshop TopicsIssues and Concerns for Workshop Topics

Next Steps?Next Steps?

Miscellaneous ThoughtsMiscellaneous Thoughts

POTWs are accustomed to a high level of POTWs are accustomed to a high level of regulatory oversight; collection system agencies regulatory oversight; collection system agencies are not - but are getting there quickly!are not - but are getting there quickly!

Most POTWs are experienced in permitting/Most POTWs are experienced in permitting/regulating discharges to their systems through regulating discharges to their systems through Pretreatment & P2 Programs; this is generally not Pretreatment & P2 Programs; this is generally not the case for collection-only agenciesthe case for collection-only agencies

In spite of their qualifications, most POTWs are In spite of their qualifications, most POTWs are not anxious to assume additional regulatory not anxious to assume additional regulatory responsibilities and associated costs.responsibilities and associated costs.

Benefits & OpportunitiesBenefits & Opportunities

Environmental stewardship – improving the Environmental stewardship – improving the quality of water flowing to the Bayquality of water flowing to the Bay

Improved coordination between public agencies Improved coordination between public agencies that have a similar missions that have a similar missions

Potential for productive use of surplus POTW Potential for productive use of surplus POTW capacitycapacity

Potential resource value of increased effluent Potential resource value of increased effluent flow (dry weather)flow (dry weather)

Issues & Concerns - GeneralIssues & Concerns - General

Impact of increased flowsImpact of increased flows Sewer system capacity and operations; SSOs Sewer system capacity and operations; SSOs Treatment plant capacity; conflicting regulatory Treatment plant capacity; conflicting regulatory

mandates mandates Impact of increased pollutant loadingsImpact of increased pollutant loadings

Sewer system blockages & SSOsSewer system blockages & SSOs Compliance with NPDES effluent limitsCompliance with NPDES effluent limits Other effluent quality issues (e.g. recycled water TDS) Other effluent quality issues (e.g. recycled water TDS) Biosolids qualityBiosolids quality

Increased regulatory burdenIncreased regulatory burden Costs and cost recoveryCosts and cost recovery

Workshop TopicsWorkshop Topics

Swimming pools – draining, discharge of copper-Swimming pools – draining, discharge of copper-based chemicalsbased chemicals

Non-residential car washingNon-residential car washing Construction groundwater – trench dewateringConstruction groundwater – trench dewatering Surface cleaning, including mobile businessesSurface cleaning, including mobile businesses Outdoor surface drains – refuse areasOutdoor surface drains – refuse areas

Swimming Pools Swimming Pools

Flow IssuesFlow Issues Pool draining: Relatively infrequent and probably Pool draining: Relatively infrequent and probably

manageable during dry season. Highly problematic manageable during dry season. Highly problematic during wet season (impact on plant wet weather during wet season (impact on plant wet weather capacity, blending, and 85 % removal reqm’t)capacity, blending, and 85 % removal reqm’t)

Pool overflows during rainfall events: Discharge to Pool overflows during rainfall events: Discharge to sanitary sewer is highly problematic since it occurs at sanitary sewer is highly problematic since it occurs at the worst possible time for collection system and the worst possible time for collection system and POTW. Onsite discharge to vegetated area is not POTW. Onsite discharge to vegetated area is not very practical during wet season.very practical during wet season.

Loss of dry weather flow capacity may be an issue for Loss of dry weather flow capacity may be an issue for some POTWssome POTWs

Swimming Pools Swimming Pools

Pollutant Loadings:Pollutant Loadings: Pool draining: Slug loads of copper (if present) could Pool draining: Slug loads of copper (if present) could

result in NPDES permit violations. result in NPDES permit violations.

Routine pool discharges (e.g. backwash water): Routine pool discharges (e.g. backwash water): Cumulative impact from these discharges is also a Cumulative impact from these discharges is also a concern relative to compliance with copper limits. concern relative to compliance with copper limits. Filter backwash containing diatomaceous earth is Filter backwash containing diatomaceous earth is potentially a problem for the collection system.potentially a problem for the collection system.

TSD from pools using salt systems for disinfection will TSD from pools using salt systems for disinfection will degrade recycled water quality.degrade recycled water quality.

Swimming Pools Swimming Pools

Regulatory & OtherRegulatory & Other Can the desired regulatory outcome be achieved Can the desired regulatory outcome be achieved

through public education/outreach only, or will a through public education/outreach only, or will a permit system be needed? permit system be needed?

Costs for administering a permit system with a large Costs for administering a permit system with a large number of pool owners will be high. Can costs number of pool owners will be high. Can costs (including POTW capacity charges) be recovered (including POTW capacity charges) be recovered through fees?through fees?

Non-residential Car WashingNon-residential Car Washing(Auto dealerships, etc)(Auto dealerships, etc)

Flow IssuesFlow Issues Increased wet weather flow from rainfall entering Increased wet weather flow from rainfall entering

wash area drains is contrary to I&I reduction efforts wash area drains is contrary to I&I reduction efforts and must be prevented (roofing required).and must be prevented (roofing required).

Loss of dry weather flow capacity may be an issue for Loss of dry weather flow capacity may be an issue for some POTWssome POTWs

Pollutant LoadingsPollutant Loadings Sand and debris are a problem for both the collection Sand and debris are a problem for both the collection

system and POTWsystem and POTW

Non-residential Car WashingNon-residential Car Washing(Auto dealerships, etc)(Auto dealerships, etc)

Regulatory IssuesRegulatory Issues If POTWs accept these discharges, pretreatment, If POTWs accept these discharges, pretreatment,

permitting and inspections will likely be needed.permitting and inspections will likely be needed.

Permitting burden should be manageable due to Permitting burden should be manageable due to relatively low number of dischargers and fixed relatively low number of dischargers and fixed locations.locations.

Cost RecoveryCost Recovery Can permitting fees cover actual program costs?Can permitting fees cover actual program costs?

Construction Groundwater –Construction Groundwater –Trench dewateringTrench dewatering

Flow IssuesFlow Issues Increased wet weather flow from these sources is Increased wet weather flow from these sources is

contrary to I&I reduction efforts. contrary to I&I reduction efforts.

Loss of dry weather flow capacity may also be an issue. Loss of dry weather flow capacity may also be an issue.

Pollutant LoadingsPollutant Loadings Solids present in groundwater may can create problems Solids present in groundwater may can create problems

for both collection systems and POTWsfor both collection systems and POTWs

A POTW may not be able to remove specific pollutants A POTW may not be able to remove specific pollutants from contaminated groundwaterfrom contaminated groundwater

Construction Groundwater –Construction Groundwater –Trench dewateringTrench dewatering

Regulatory IssuesRegulatory Issues POTWs should insist that other disposal options have POTWs should insist that other disposal options have

been considered firstbeen considered first

For clean or brackish groundwater, discharge to storm For clean or brackish groundwater, discharge to storm drain under Phase II exemption or NPDES general drain under Phase II exemption or NPDES general permit, or storage & reuse for irrigation permit, or storage & reuse for irrigation

For contaminated groundwater, discharge under For contaminated groundwater, discharge under NPDES general permit for VOC or fuel leak sites NPDES general permit for VOC or fuel leak sites

Surface Cleaning, includingSurface Cleaning, including Mobile Sources Mobile Sources

Flow IssuesFlow Issues Loss of dry weather flow capacity may be an issue for Loss of dry weather flow capacity may be an issue for

some POTWs.some POTWs.

Pollutant LoadingsPollutant Loadings Sand and other solids create problems for both Sand and other solids create problems for both

collection systems and POTWscollection systems and POTWs Grease and other non-traditional pollutants may also Grease and other non-traditional pollutants may also

pose problemspose problems

Surface Cleaning, includingSurface Cleaning, including Mobile Sources Mobile Sources

Regulatory & Other IssuesRegulatory & Other Issues Water collection and access to sanitary sewer Water collection and access to sanitary sewer

Are pretreatment requirements practical?Are pretreatment requirements practical?

Are mobile sources more difficult to permit and Are mobile sources more difficult to permit and

monitormonitor??

Outdoor Surface Drains – Outdoor Surface Drains – Refuse AreasRefuse Areas

Flow IssuesFlow Issues Increased wet weather flow from rainfall entering outdoor Increased wet weather flow from rainfall entering outdoor

surface drains is contrary to I&I reduction efforts surface drains is contrary to I&I reduction efforts

Pollutant LoadingsPollutant Loadings Potential for grease from food service refuse and grease Potential for grease from food service refuse and grease

containment areascontainment areas

Regulatory & Other IssuesRegulatory & Other Issues Pretreatment may be needed but difficult to implementPretreatment may be needed but difficult to implement

Large number of facilities to be identified and regulated Large number of facilities to be identified and regulated Which agency will be responsible?Which agency will be responsible?

Next Steps?Next Steps? Create process for ongoing coordination Create process for ongoing coordination

between stormwater and wastewater agenciesbetween stormwater and wastewater agencies Regional efforts – BACWA Feasibility of Regional efforts – BACWA Feasibility of

Stormwater Diversion White PaperStormwater Diversion White Paper POTWs should assess which flows they are POTWs should assess which flows they are

willing to accept, and under what conditionswilling to accept, and under what conditions Address POTW cost recovery issuesAddress POTW cost recovery issues Discussion with Water Board regarding possible Discussion with Water Board regarding possible

pollutant credits / protection from diversion- pollutant credits / protection from diversion- induced effluent violations induced effluent violations