Storm Water Management Program Regulated MS4
1.0 Introduction
The Storm Water Phase II regulations became effective on December 1999 under the jurisdiction of the Environmental Protection Agency (EPA). They required operators of Small Municipal Separate Storm Sewer Systems (MS4) to secure a National Pollutant Discharge Elimination System (NPDES) Permit to regulate the discharge of storm water runoff from their systems into surface bodies of waters of the United States. Although the Department of Transportation and Public Works (DTPW) and the Puerto Rico Highway and Transportation Authority (HTA) are not municipal entities, the definition of regulated systems, also incorporated the discharges of storm sewer systems operated by public entities like the mentioned agencies as part of the regulated community. The regulations also required the development of a Storm Water Management Program (SWMP) as a tool to satisfy some water quality requirements and minimum technology standards detailed in Clean Water Act (CWA) amendments.
1.1 Regulatory Background
The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and quality standards for surface waters. The origins of may be traced back to 1948, where the Federal Water Pollution Control Act was enacted. This Act was significantly reorganized and expanded in 1972. When it was amended in 1977, it became commonly referred to as the CWA. It was under this new name that EPA began the implementation of pollution control programs that start setting wastewater standards for the industry. It also established water quality standards for a wide range of contaminants in surface waters. The act made unlawful the discharge of pollutant from defined (or point sources) into navigable waters, unless a permit was obtained. It is at this point in time that the NPDES permits are created.
In 1987, Congress amended the CWA to require the implementation of a comprehensive program to address storm water discharges. The program was envisioned to be developed in two (2) phases. The first phase of the program, commonly referred to as “Phase I”, was promulgated on November 16, 1990. It addressed MS4, construction activities and industrial sites. This phase required the need to obtain NPDES permits for storm water discharges from a large number of priority sources of pollutants that included medium and large MS4’s serving populations of 100,000 or more. Several categories of industrial activity sites, including construction activities disturbing five acres or more of land were also included. The permits issued under this phase mostly covered the largest cities, and requires them to develop a SWMP, conduct some monitoring and the submittal of periodic reports.
Regulations found at 40 CFR Part 122.26(b)(8) defines a “municipal separate storm sewer system” as a “conveyance or system conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains); (i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) … including special districts under State law such as sewer district, flood control district or drainage district, or similar entity, or an
Department of Transportation and Public Works/Highway and Transportation Authority Page 1
Storm Water Management Program Regulated MS4
Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges into waters of the United States. (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Part 122.2.”
The second phase of the program was promulgated on December 1999 (64 FR 68722) and amended the phase I regulations. These Phase II regulations required NPDES permits for storm water discharges from certain small MS4’s and construction activities disturbing between 1 and 5 acres of land. The need to secure a permit from a construction site was lowered to apply to sites where construction activities results in the disturbance of one acre. Under these regulations, operators of regulated small MS4 are required to:
Submit a NOI to obtain coverage of the discharges Develop a SWMP that incorporates a minimum of six (6) control measures which are: Public Education and Outreach on Storm water Impacts Public Involvement and Participation Illicit Discharge Detection and Elimination Construction Site Runoff Control Post-Construction Storm water Management in New Development and Redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations Implement the SWMP using appropriate storm water management controls or Best Management Practices (BMP’s) Develop measurable goals for the SWMP Evaluate the effectiveness of the SWMP Provide reports on program status
Phase II MS4 permits are primarily covered by general permits that require the implementation of the mentioned six (6) control measures. In contrast to the NPDES permits issued for industries that specifies a numerical value that shall be met at the end of the pipe based on water quality standards or available treatment technology, MS4’s permits include programmatic requirements that incorporate BMP’s in order to reduce the levels of pollutants contained in the discharge to the Maximum Extent Practicable (MEP)
Since EPA has not delegated its authority to issue NPDES Permits to the Puerto Rico Environmental Quality Board (EQB), Region 2 of EPA issue a General Permit that provides coverage to the discharges.
Department of Transportation and Public Works/Highway and Transportation Authority Page 2
Storm Water Management Program Regulated MS4
1.2 NPDES Permit Requirements
The EPA issued a Small MS4 General Permit (Permit no. PRR04000) for discharges from Municipal Separate Storm Sewer Systems. Said permit established some specific requirements which are imposed to regulated systems. Copy of the permit has been included as Appendix 1 of this report. Special permit conditions are detailed in section 3.0 of the permit while standard permits are detailed in section 6.0.
1.3 Notice of Intent
The DTPW/PRHTA submitted a NOI, requesting coverage of under the General Permit for the discharges of the small MS4 owned by the agency as required by Phase II of the Storm Water Regulations. Copy of NOI is included in Appendix 2 of this report.
1.4 Storm Water Management Plan
The DTPW/PRHTA has developed this Storm Water Management Program (SWMP) in order to comply with the requirements set forth in Phase II of the Storm Water Regulations and the conditions contained in the General NPDES permit (PRR040000). This plan has been developed as a tool in assisting the agency in the proper maintenance and improvement of the quality of the discharges associated with the operation of the pipelines, structures, basins, ditches, swales, ponds, under drains, and drainage wells, and to ensure that they perform to the design capacity and that all receiving bodies meet state and federal standards for water quality. Due to the stated reason, this document shall constitute the reference upon which future activities and required activities will be based.
It is important to establish the fact that this plan deviates from a plan developed for an MS4 operated by a municipality due to the fact that transportation authorities are responsible for maintaining storm water systems along streets, roads, and highways by managing the quality of storm water discharging surface waters through those systems. However, there are some differences that need to be remarked:
Transportation systems are linear in nature, and often stretch for many miles and across numerous waterways, watersheds and municipalities. Transportation storm sewer conveyance systems often receive and discharge storm water and pollutants that are originated outside the Right of Way of the highway or roads. Transportation systems serve a transient population. The agency lacks enforcement authority to implement ordinances
As a result of the stated reasons, the SWMP need to incorporate an integrated approach to enable the agency to meet the goals of the regulation. To that end, it is expected that a close
Department of Transportation and Public Works/Highway and Transportation Authority Page 3
Storm Water Management Program Regulated MS4
coordination shall be established with other state agencies, municipalities, private operators, and the general public.
With respect to the development of this plan, it shall be stated that for its preparation two (2) primary sources of guidelines were used. They are:
. EPA published references, and; . Practitioner’s Handbook #13: Developing and Implementing a Storm water Management Program in a Transportation Agency published by the American Association of State Highway and Transportation Officials (AASHTO)
The later of the references provides a very useful framework upon which a SWMP can be developed as it builds its recommendations on the experiences draw from other jurisdictions. It is important to establish that this manual prominently describes the need to incorporate the six minimum strategies specified by the EPA.
Major elements of the program are:
. Management and Organization . Monitoring and Discharge Characterization Program . Project Planning and Design . Construction . Roadway Maintenance Activities . Facility Operations . Non-Departmental Activities . Training . Public Education and participation . Location Specific Activities . Program Evaluation . Definition of Measurable Objectives . Reporting
All of the mentioned subjects will be thoughtfully discussed in the following sections of this document. In general, the objective of the program is to describe the agency storm water pollution related activities. With respect to municipal type of discharges, the SWMP will provide measures to control pollutants to the maximum extent practicable (MEP) as required by the CWA. MEP is usually considered to be based on criteria such as technical feasibility and related costs to achieve measurable environmental benefits. As such it is designed to be an iterative process of use, assessment, and modification or retrofitting of the BMP’s in order to provide a constant progress toward the goal of protecting water quality and therefore achieving compliance with receiving water standards.
Department of Transportation and Public Works/Highway and Transportation Authority Page 4
Storm Water Management Program Regulated MS4
The SWMP requirements apply to discharges exiting the site through BMP’s and storm sewer conveyances, including catch basins, and drain inlets, curbs, gutters, channels, and storm drains of the agency’s system. It applies to discharges consisting of storm water and non-storm water such as:
Maintenance and operation of state owned highways, freeways, rails and roads; Maintenance Facilities; Other type of facilities that have the potential for discharging pollutants; Permanent discharge from subsurface dewatering; Temporary dewatering; and Construction activities
It addresses discharges that originate within the Right of Way (ROW) and that is carried through municipal storm water conveyance systems and reaches surface bodies of water. These water bodies include rivers, creeks, reservoirs, lakes, wetlands, lagoons, estuaries, bays, tributaries and the ocean.
Department of Transportation and Public Works/Highway and Transportation Authority Page 5
Storm Water Management Program Regulated MS4
2.0 Definitions
Best Management Practices (BMP’s): schedules of activities, prohibition of practices, maintenance procedures, and other management practices (including structural controls) to prevent or reduce pollution.
Clean Water Act: formerly refer to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972. Public Law 92-500, as amended Public Law 95-217, Public Law 96-483 and Public Law 97-117, 33 U.S.C. 1252 et. Seq.
Code of Federal Regulations (CFR): the document that codifies all rules of the executive departments and agencies of the federal government. It is divided into 50 volumes, known as titles. Title 40 of the CFR (referenced as 40 CFR) lists the environmental regulations.
Control Measure: any BMP or other method used to prevent or reduce the discharge of pollutants to waters of the United States.
Discharge: when used without a qualifier, refers to “discharge of a pollutant” as defined in 40 CFR Part 122.2. Storm water runoff or dry weather flow.
Illicit Connection: any man-made connections to a storm sewer system made by others without permission. Illegal connections are a subset of “Illicit discharges”.
Illicit Discharge: is defined at 40 CFR Part 122.26(b)(2) and refers to any discharge to a municipal storm sewer system that is not entirely composed of storm water, except discharges authorized under an NPDES permit (other that the NPDES permit from discharges from MS4) and discharges resulting from fire fighting activities. Unauthorized discharges including accidental spills, illegal connections, and illegal dumping.
Illegal Dumping: discarding or disposal of trash and other wastes in non-designated areas; may contribute to storm water pollution.
Infiltration: the downward entry of water into the surface of the soil.
Inlet: a drainage structure that collects surface runoff and conveys it to an underground storm drain system
Maintenance Activities: cleaning and repair of roadways, appurtenances, and related activities. Also include activities that may require clearing, grading, or excavation to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
Maximum Extent Practicable (MEP): means a technology based standard for Municipal Separate Storm Sewer Systems to reduce pollutants
Department of Transportation and Public Works/Highway and Transportation Authority Page 6
Storm Water Management Program Regulated MS4
Municipal Separate Storm Sewer System (MS4): the regulatory definition of and MS4 is provided in 40 CFR Part 122.26(b) (8). It is as follows:
“a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains: (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created pursuant to state law) including special districts under state law such as a sewer district, flood control district, or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under § 208 of the Clean Water Act that discharges into waters of the United States. (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.”
MS4’s can include municipalities, and local sewer districts, state and federal departments of transportation, public universities, public hospitals, military bases, and correctional facilities.
Nonpoint Source: a source of pollution which cannot be traced to a single point of origin or not introduced into a receiving stream from a specific outlet.
Non-storm water discharge: any discharge to a storm sewer system or receiving surface body of water that is not composed entirely of storm water.
Outfall: a specific location where a municipal separate storm sewer system discharges to waters of the United States and does not include open conveyances connecting two (2) municipal separated systems storm sewers or pipes, tunnels, or other conveyances which connects segments of the same stream or other waters of the United States and are used to convey waters of the United States.
Point Source: any discernible, confined, and discrete conveyance or collection system from which pollutants are or may be discharged. The term does not include return flows from irrigated agriculture or agricultural storm water runoff (40 CFR Part 122.2 and 122.3).
Pollutant: dredges spoil solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, san, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. The term does not mean (a)”sewage from vessels” within the meaning of §1322 of the CWA; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located, and if such state determines that such injection or disposal will not result in the degradation of ground or surface water resources (40 CFR Part 122.2); any addition of a any pollutant to waters of the United States form any point source other than a vessel or other floating craft.
Department of Transportation and Public Works/Highway and Transportation Authority Page 7
Storm Water Management Program Regulated MS4
Pollution Prevention: identifying areas, processes, and activities, which create excessive waste products, or pollutants in order to reduce or prevent the release of pollutants through alteration or eliminating process. Such activities are consistent with the Pollution Prevention Act of 1990.
Program Evaluation: refers to activities and procedures through which an entity (in this case the DTPW/PRHTA) will obtain information relevant to its implementation and compliance with the storm water management program so that the need for and/or opportunities for revising or refining its program can be identified.
Publicly Owned Treatment Works (POTW): a treatment works as defined in §212 of the CWA, that is owned by the state or municipality. This definition includes devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant (40 CFR Part 403.3). Privately owned treatment works, federally owned treatment works, and other treatment plants not owned by municipalities are not considered POTW’s.
Runoff: means precipitation, or irrigation water in excess of what can infiltrate the soil surface and be stored in small surface depressions.
Sediment: organic or inorganic material that is carried by or suspended in water and that settles out form deposits in the storm drain system or receiving waters.
Site: means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Source Control: it refers generally to a range of actions (e.g., removal, treatment in place, containment, etc.) designed to protect the environment by eliminating or minimizing the exposure or migration of significant contamination. Sometimes it is referred to as “pollution prevention”, although this lat term is a broader one that encompasses “Source Control”. For storm water, source control techniques can be divided into:
Non-Structural Source Control: These are techniques directed toward a change in the human behavior to reduce the amount of pollutants that enter storm water systems; and Structural Source Control: Refers to techniques that are aimed to reduce the quantity and improve the quality of storm water at or near its source by using infrastructure or natural physical resources, such as vegetated swales. Structural Source Controls differ from the more conventional, structural treatment techniques provided at the end of the pipe.
Spill: defines a sudden release of a potential pollutant from containment to the environment that requires cleanup due to its potential risk to the environment or public health.
Department of Transportation and Public Works/Highway and Transportation Authority Page 8
Storm Water Management Program Regulated MS4
Storm water: water runoff resulting from precipitation into natural drainages and man-made drainage conveyances.
Total Maximum Daily Load (TMDL); means a written quantitative plan an analysis for attaining and maintaining water quality standards in all seasons for a specific surface water body and pollutant. In general, it establishes an allocation of a particular pollutant loading applicable to the discharges sources.
Toxic Pollutants: defined in the federal regulations found in 40 CFR Part 401.15. These pollutants are toxic to aquatic organisms or humans and include metals, and organic compounds, pesticides and other type of constituents sometimes found in water.
Treatment: is defined as the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include among others: filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation, and ultraviolet (UV) radiation.
Treatment BMP: a BMP that consists of an engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any other physical, biological, or chemical processes.
United States Environmental Protection Agency (U.S. EPA): the federal agency whose primary function is to oversight and implements environmental statuses, among which the CWA is included.
Urbanized Area: comprises a place and adjacent densely settled surrounding territory that together have a minimum population of 50,000 people. The “densely settled surrounding territory” adjacent to the place consists of a territory made up of one or more contiguous census blocks having a population density of at least 1,000 people per square mile that it is:
. Contiguous with and directly connected by road to other qualifying territory, or . Noncontiguous with other qualifying territory, and; - With roads miles of the main body of the urbanized area and connected to it by one or more non-qualifying census blocks that (a) are adjacent to the connecting road and (b) together with the outlying qualifying territory have a total population density of at least 500 people per square mile, or - Separated by water or other undeveloped territory from the main body of the urbanized area, but within 5 road miles of the main body of the urbanized area, as long as the 5 miles include no more than 1 mile of otherwise non-qualifying developable territory.
Department of Transportation and Public Works/Highway and Transportation Authority Page 9
Storm Water Management Program Regulated MS4
Water Quality Standards (WQS): define water quality goals of a surface body of water depending on its designated use (beneficial uses) and by establishing objectives necessary to protect these beneficial uses. The objectives may be in a narrative or specific numeric format. Some of the beneficial uses include freshwater habitat, domestic (drinking water) supply, and contact water recreation. The standards also include antidegradation requirements. Such antidegradation goals are addressed through the establishment of requirements to maintain existing or higher quality water. The WQS are adopted by the state and approved by the EPA.
Waters of the United States: means (as defined in 40 CFR Part 122.2) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide. The term includes all intestate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds.
Watershed: the drainage basin contributing water, organic matter, dissolves nutrients, and sediments to a stream, estuary, or lake.
Wetland: those areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support vegetation typically adapted for life in saturated soil conditions. Generally includes swamps, marshes, bogs, mudflats, natural ponds, and similar areas.
Department of Transportation and Public Works/Highway and Transportation Authority Page 10
Storm Water Management Program Regulated MS4
3.0 Coverage Areas
Section 402 (p) of the CWA requires that storm water discharges associated with the operation of MS4 located in urbanized areas, must be authorized by a NPDES permit. On December 8, 1999, the EPA promulgated the NPDES Storm Water Phase II Final Rule that was published in the Federal Register (64 FR 68722). Based on this document, and the urbanized areas determined by the Decennial Census by the Bureau of the Census, it has been determined that the DTPW operates MS4’s which are located within those areas. At this point, it is important to establish that the results of the defined urbanized areas for the 2010 Decennial Census are not yet available. Therefore, the coverage areas contained in this document are based on year 2000 data.
The Bureau of Census developed a set of maps that delineate the urban areas across the entire Island. An island wide map illustrating these areas has been included as Appendix 3 of this document. As may be observed, roughly about a 60 % of the entire Island surface is considered as an urban area. The specific designations for these areas are:
Aguadilla – Isabela- San Sebastián Urban Area
This urban area includes the municipalities of Aguada, Aguadilla, Añasco, Isabela, Lares, Las Marías, Moca, Rincón and Utuado. It comprises 9 municipalities.
Arecibo Urban Area
This urban area includes the municipalities of Arecibo, Camuy, Hatillo, and Quebradillas. It comprises 4 municipalities.
Florida- Barceloneta- Bajadero Urban Area
This urban area includes the municipalities of Arecibo, Barceloneta and Florida. Bajadero is an Arecibo’s ward. It comprises 3 municipalities.
Cabo Rojo- San Germán- Sabana Grande Urban Area
This urban area includes the municipalities of Cabo Rojo, Lajas, Sabana Grande, and San Germán. It comprises 4 municipalities.
Fajardo Urban Area
This urban area includes the municipalities of Ceiba, Fajardo, and Luquillo. It comprises 3 municipalities.
Guayama Urban Area
This urban area includes the municipalities of Arroyo, Guayama, Patillas, and Salinas. It comprises 4 municipalities.
Department of Transportation and Public Works/Highway and Transportation Authority Page 11
Storm Water Management Program Regulated MS4
Juana Díaz Urban Area
This urban area includes the municipalities of Juana Díaz, and Villalba. It comprises 2 municipalities.
Mayagüez Urban Area
This urban area includes the municipalities of Hormigueros and Mayagüez. It comprises 2 municipalities.
Ponce Urban Area
This urban area includes the municipality of Ponce and the Tallaboa ward of Peñuelas. It comprises 2 municipalities.
San Juan Urban Area (divided into NE, NW, SE and SW subareas)
This urban area includes the municipalities of Aguas Buenas, Aibonito, Bayamón, Barranquitas, Caguas, Canóvanas, Carolina, Cayey, Ciales, Cidra, Comerío, Corozal, Dorado, Humacao, Juncos, Gurabo, Guaynabo, Las Piedras, Loíza, Manatí, Maunabo, Morovis, Naguabo, Naranajito, Orocovis, Rio Grande, Salinas (portions of it), San Juan, San Lorenzo, Toa Alta, Toa Baja, Vega Alta, and Vega Baja. This is the most extensive urban area with a total of 33 municipalities.
Yauco Urban Area
This urban area includes Guánica, Guayanilla, Peñuelas and Yauco. It comprises 4 municipalities.
According to this data, 72 out of the total of 78 municipal entities that comprise Puerto Rico, are included in the Census defined urban areas for which coverage under the terms of the Phase II MS4 regulations are being sought. Using GIS tools it has been estimated that the coverage area amounts 1,964 square miles. This implies that a 92 % of the municipalities of the Island are covered by this definition and therefore, the MS4 located within them (and which are owned and operated by the DTPW/PRHTA) are covered by this regulation.
Based on the report entitled Highway Performance Monitoring System (HPMS) 2009 Data, Functional Classification and Federal Aid Log, approximately 44,196 miles of roadways, expressways and highways are located throughout the Census urban defined areas of Puerto Rico. Assuming that approximately 60% of this total is located within the defined urban areas, a total of 26,517 miles are to be incorporated into the SWMP. A partial list of major roadways and highways included within the coverage area has been included in Appendix 4.
Department of Transportation and Public Works/Highway and Transportation Authority Page 12
Storm Water Management Program Regulated MS4
In general, the DTPW operates a MS4 whose main purpose is to manage storm water runoff generated from the operation of the highway system. The agency has no control whatsoever on the discharges that are received up gradient of ROW. The actual system configuration varies as a function of the specific location and particular characteristics that were taken into consideration for their design. However, the basic system consist of a network of catch basins and inlets, swales, gutters which are interconnected until their discharge to a surface body of water or interconnection with a municipal MS4. The dimensions of each system will vary depending on the volume of waters that are to be conveyed to them. There are instances where storm sewer systems may serve specific locations such as toll plazas, maintenance facilities, ports facilities, train maintenance yard, etc.
Surface bodies of water, constitute the most important hydrological resource of the Island. There are approximately 102 watersheds which account for 5,394 stream miles and 3,843 estuary acres. There are also 18 lakes with a surface area of approximately 7,378 acres, and twenty (2) lagoons with a 4,768 acres of surface area. In addition, there are 550 miles of shorelines, 22,971 acres of wetlands and 79,096 acres of freshwater wetlands. It is estimated that Puerto Rico has about 224 rivers and more than 4,000 streams that drain a significant amount of rainfall that reach the basins during the year. This implies that a significant volume of surface runoff is generated. The United States Geological Survey (USGS) operates a network of gauging stations that are used to collect qualitative and quantitative data for each of the drainage basins associated with the surface streams. Therefore, their data is useful to identify the points of discharges of the MS4. Since the majority of the Island surface has been designated as urban by the Census, it is reasonable to assume on a preliminary basis, that a majority of the streams located within each of the basins, will be receiving discharges of the MS4’s operated by the agency. According the to the Water Resources Data for Puerto Rico and U.S. Virgin Islands (Water Data Report PR-01-1), there are 14 major drainage basins distributed across the entire Island. They are (identified starting from the northwest part and moving toward the east until ending in the west part of Puerto Rico, in the same order used by the USGS):
Río Guajataca basin
This basin is located toward the northwest part of the Island. Río Guajataca, Quebrada de los Cedros and Guajataca Lake comprise the most significant hydrologic features of this basin. This basin ultimately drains to the Atlantic Ocean.
Río Camuy basin
The Río Camuy basin is bounded by the municipalities of Quebradillas and Arecibo. This basin is still within the northwest part of the Island. Major surface streams within this basin are Río Angeles, Río Criminales and Río Piedras. As with the previous basin, this one drains toward the Atlantic Ocean.
Department of Transportation and Public Works/Highway and Transportation Authority Page 13
Storm Water Management Program Regulated MS4
Río Grande de Arecibo basin
This drainage basin is located near the center part of the northern plains, but reaches deep into the center part of the Island. It possess one the biggest superficial areas of the drainage basins. Numerous streams are observed within this basin. The Most important ones are: Río Caonillas, Río Cidra, Río Caricaboa, Río Jauca, Río Jayuya, Río Limón, Río La Venta, Río Pellejas, Río Saliente, Río Tanamá, Río Vacas, Río Viví, and Río Yunes. The Adjuntas, Caonillas, Dos Bocas and Garza’s lakes are also part of the hydrologic features of this basin. This basin drains toward the north coast until reaching the Atlantic Ocean. Major streams within the basin are: Río Bauta, Río Cialitos, Río Grande de Manatí, Río Matrullas, Río Orocovis, Río Sana Muertos and Río Toro Negro.
Río Grande de Manatí basin
This drainage basin is located almost to the center of the northern part of the Island, and also extends toward the mountainous center. It is also observed to be located toward the central portion of the north part of the Island, between the municipalities of Barceloneta and Vega Baja. Major streams within the basin are: Río Bauta, Río Cialitos, Río Grande de Manatí, Río Matrullas, Río Orocovis, Río Sana Muertos and Río Toro Negro. The Matrullas Lake is also part of the hydraulic features of this basin which ultimately drains toward the Atlantic Ocean.
Río Cibuco basin
This drainage basin is also observed toward the central portion of the north coast of the Island between the municipalities of Manatí and Toa Baja. The major streams observed in this basin are: Río Cibuco, Río Corozal, Río de los Negros , Río Indio, Río Mavillas, Río Morovis, and Río Unibón. All of the mentioned streams drain into the Atlantic Ocean through the Río Cibuco.
Río de la Plata basin
Although this river ends in the Atlantic Ocean, it reaches are mostly located within the central part of the Island. Major streams observed in this basin are: Río Aibonito, Río Arroyata, Río Bucarabones, Río Cañas, Río Cuesta Arriba, Río de la Plata, Río Guadiana, Río Guavate, Río Hondo, and Río Usabón.
Río Hondo to Río Puerto Nuevo basins
This drainage basin is obserevd approaching the eastern part of the northern Island coast. It can be observed between the municipalities of Toa Baja and Dorado. It also
Department of Transportation and Public Works/Highway and Transportation Authority Page 14
Storm Water Management Program Regulated MS4
extends toward the central and mountainous part of the Island. Major streams located within this basin are: Río Bayamon, Río Hondo, Río Guaynabo, Río Minillas and Río Piedras. Quebrada Margarita and Quebrada San Antón are also part of the hydrologic features of the basin along with maybe the most emblematic of them which is the San Juan Bay.
Río Grande de Loíza basin
This drainage basin drains mostly through Rio Grande Loíza up to the Atlantic Ocean, and is observed leaning toward the east side of the Island. As with the previous one, most of the area comprised within the basin is located to the center portion of Puerto Rico. Major streams located within this basin are: Río Bairoa, Río Caguitas, Río Canóvanas, Río Cañas, Río Cayagüas, Río Grande de Loíza, , Río Gurabo, Río Pastrana, Río Turabo, and Río Valenciano. Quebrada Arenas, quebrada Blasina, quebrada de las Quebradillas, quebrada Grande, Quebrada Maracuto and Loíza Lake are also within this basin.
Río Herrera to Río Antón Ruíz basins
This drainage basin is located toward the most eastern part of the Island, within the municipalities of Fajardo and Luquillo. This basin splits its ultimate discharges between the Atlantic Ocean, Vieques Channel and the Caribbean Sea. Major streams located within this basin are: Río Antón Ruiz, Río Blanco, Río Cubuy, Río Demajagua, Río Espíritu Santo, Río Fajardo, Río Herrera, Río Icacos, Río Juan Martín, and Río Santiago. Quebrdas Ceiba and Palma also are located within this basin.
Río Humacao to Río Quebrada Aguas Verdes basins
This drainage basin is located toward the southeastern part of the Island, draining its waters into the Caribbean Sea. Its configuration differs from most of the previous ones due to the fact that it does not reach the central part of the Island. Several small streams are observed within this basin, of which the most important are: Río Apeadero, Río Candelero, Río del Ingenio, Río Jacaboa, Río Grande de Patillas, Río Guamaní, Río Guayanés, Río Humacao, Río Limones, Río Maunabo, Río Melania, Río Nigua, Caño de Santiago, Quebrada Agua Verde, Quebrada Cimarrón, and Quebrada Mariana. There are also some channels that have a function within the hydraulic characteristics of this basin. They are Canal de Guamaní Oeste, Canal de Guamaní Este, and Canal de Patillas.
Río Salinas to Río Jacaguas basins
This drainage basin is located toward the central portion of the south coast of Puerto Rico and drains to the Caribbean Sea. Major streams located within this basin are: Río Coamo, Río Cuyón, Río Descalabrado, Río Jacaguas, Río Jájome, Río Jueyes, Río Lapa, Río
Department of Transportation and Public Works/Highway and Transportation Authority Page 15
Storm Water Management Program Regulated MS4
Majada, and Río Salinas. Additional hydrologic features for the area are Coamo Lake, Canal de Juana Díaz, Canal de Patillas, and Quebrada Carmen.
Río Inabón to Río Loco basins
This basin is still located within the south part of the Island and ultimately drains to the Caribbean Sea. The most prominent streams found within this basin are: Río Bayagán, Río Bucaná, Río Cañas, Río Chiquito, Río Duey, Río Guayanés, Río Inabón, Río Loco, Río Macaná, Río Pastillo, Río Tallaboa, and Río Yauco. Additional hydrologic features of the basin are: Lagos Serrallés, Lago Cerrillos, Canal de Riego de Lajas.
Río Guanajibo basin
This basin is located at the southwestern part of the Island, within the municipalities of Cabo Rojo, Hormigueros, Sabana Grande, and San Germán. Major streams within this basin are: Río Caín, Río Cupeyes, Río Cruces, Río Duey, Río Flores, Río Guanajibo, Río Hoconuco, Río Maricao, Río Prieto, and Río Rosario. Additional hydrologic features of the area are: Canal Principal de Riego Valle de Lajas, Laguna Joyudas, and Quebrada Grande.
Río Yagüez and Río Grande de Añasco basins
This last drainage basin is located in the west side of the Island, between Añasco and Aguadilla. Major streams located within this basin are: Río Cañas, Río Culebrinas, Río Culebras, Río Grande de Añasco, Río Guatemala, Río Ingenio, Río Sonador, and Río Yagüez. Quebrada Los Morones and quebrada Grande are also located within this basin.
Copies of the figures detailing each one of the mentioned basins, as developed by the USGS, have been included in Appendix 5, for reference. It is important to mention that the listed streams constitute the most important ones, and that it is not an all inclusive list. A detailed list of the surface bodies of waters will be the result of the efforts that will be devoted to locate and identify existing MS4,s outfalls.
Department of Transportation and Public Works/Highway and Transportation Authority Page 16
Storm Water Management Program Regulated MS4
4.0 Management and Organization of the Program 4.1 Legal Authority
The agency presently known as the Puerto Rico Department of Transportation and Public Works (DTPW) evolved from a previous government entity agency known as the Department of Interior (DI), and which was created by the Jones Law in 1917. Said agency was directed by a Commissioner and was in charge of the construction of buildings, public roads, public bridges, non navigable rivers, groundwater, public lands, mines, and public archives among others. Later on, by year 1952, the duties of this entity were transferred to the Department of Public Works, and at same time, a change in the denomination of the agency was realized. The Commissioner became the Secretary of Public Works. During the 1960’s, the construction of roadways became the priority task of the agency. In 1965, a new entity and public corporation known as the Highway Authority was created with the purpose of providing continuity to the planning and construction of better highways and to facilitate the vehicular traffic within Puerto Rico.
In 1971, under the provisions of the Reorganization Plan #6, the organizational scheme of the DTPW was revised and new subordinated entities were created in order to rationalize and modernize the agency. They are:
Highway Authority (and already existing entity but whose Governing Board was eliminated)
This agency is government entity created with the purpose to deal with the planning, design and construction of new highways. The continuous design and improvements of the existing highways is also a faculty of this entity.
Metropolitan Bus Authority (MBA)
This entity was created to deal with the planning, design, construction and maintenance of the fleet of public buses that provide a collective transportation system for the general public, but with a special consideration for lower income population for which the acquisition of a motor vehicle is not feasible.
Ports Authority (PA)
The Port Authority was created to deal with the planning, design, construction and maintenance and operations of airports and marine ports.
Maritime Transport Authority (MTA)
This public corporation was created to act as the public entity responsible for the operation of the maritime transportation system to and from the municipalities of Culebra and Vieques. It is also responsible for the operation of the maritime service between Cataño and San Juan known as “Acuaexpreso”.
Department of Transportation and Public Works/Highway and Transportation Authority Page 17
Storm Water Management Program Regulated MS4
As may be noted from the previous description, each one of the described entities received a specific duty with respect to a particular transportation mode. However, all of them operate under the direction of the DTPW. With respect to the HA, Law #6 of March 6, 1991 promoted the change of its name to the present name of Highway and Transportation Authority (HTA). Figure 4-1 shows a simplified organizational diagram of the DTPW.
By 1997, the DTPW started the implementation of a multimodal Transportation System that included the construction of a train system that runs through the San Juan Metropolitan Area, between the municipalities of Bayamón, Guaynabo and San Juan. This system is known as Tren Urbano (TU).
Under the existing legal scheme, the mentioned government entities have limited legal authority to deal with situations occurring within the ROW of the highways, roadways, freeways, airports, marine ports, and other type of transportation related, not involving law and/or ordinances enforcement, permitting and or authority to regulate illegal connections. At present, Law # 22 of 2000 provides legal authority under provisions of its article 10.20 to impose fines ranging from $ 500.00 to $ 1,000.00 to persons that deposit trash into public roads. Designated entities to impose this fine are the State and Municipal Police Officers, Department of Natural and Environmental Resources Rangers, and officers of the DTPW Transit Ordinance Division. Authority for passing ordinances, land use planning, permitting and law enforcement authority are under the jurisdiction of municipalities, central government agencies (such as the Permits Management Agency, Puerto Rico Planning Board, Puerto Rico Environmental Quality Board, Department of Natural and Environmental Resources and the Police Department). Therefore, the agency is not authorized to issue any type of permits nor has a surveillance entity capable of enforcing any regulation or law, except as previously indicated. In the event of an accidental spill within the ROW of the agency, or within a transportation related facility, central government emergency response agencies are activated.
4.2 Access Control
Access control can only be exerted on the following locations and/or circumstances:
Highways Airport facilities where the Police Department and the Homeland Security Agency exert strict control on the site grounds in order to protect the security of the people entering or leaving the country Port facilities used by vessels for transporting goods and/or passengers entering of leaving the country Transportation related facilities used for administrative purposes, storage of materials, vehicles, maintenance, etc.
Department of Transportation and Public Works/Highway and Transportation Authority Page 18
Storm Water Management Program Regulated MS4
Figure 4-1: Simplified Organizational Structure of the DTPW
Department of Transportation and Public Works (DTPW)
Puerto Rico Highway and Ports Authority (PA) Public Works Metropolitan Bus Maritime Transport Transportation Authority Directorate Authority (MBA) Authority (MTA) (HTA) (DTPW)
Responsible for the Responsible for the Responsible for the Responsible for the Responsible for the planning, design and planning, design and operation and planning, design and operation and construction of highways construction of maintenance of state construction of bus maintenance of the and related transportation airports and port roads system public vessels facilities facilities transportation Responsible for the Responsible for the system between Responsible for the operation of the operation and Culebra, Vieques and operation and regional maintenance maintenance of the Fajarado maintenance of the air facilities bus related facilities and airport related Responsible for the facilities operation and maintenance of the Acuaexpreso
Department of Transportation and Public Works/Highway and Transportation Authority Page 19
Storm Water Management Program Regulated MS4
On common roadways the agency cannot exert access control, as it is not one of the delegated duties.
4.3 Budget
The DTPW operates with a budget approved by the Management and Budget Office (MBO) of the central government, funds obtained from the emissions of bonds and federal funds and grants. Therefore, except for the money obtained from bonds, the agency operates with public funding. This economic scheme is similar to the ones in place in all the states. This means that on an annual basis, the agency has to submit a request for the budget approval of the central government, which may or may not provide all of the requested funding. However, it shall be also mentioned that the public entities under the supervision of the DTPW are able to generate income as follows:
The HTA generates income from the operation of Toll Plazas located in State Road PR-22, PR-52, PR-66, PR-5, and PR-53. With respect to this type of income stream, it shall be qualified that it is limited due to the fact that it is a public non profitable organization. Also, at present the DTPW has started a plan to transfer the operation of certain highways under the Public-Private Alliance scheme. The ownership of the highway remains in the government, but the operation and maintenance is assumed by the new entity under the terms and provisions of a contract. The MBA generates income from the transportation fee that has to be paid by the system passengers accessing the bus system. The PA assesses an entrance/exit fee for every passenger that passes through the airport and marine port facilities. The TU imposes a basic fee to allow access to the system.
Based on the existing economic structure, funding directed toward compliance with the Phase II regulations will be obtained from the agency budget. No special fees to cover for the implementation of this program can be reasonably expected to be imposed at this time in a similar way as available to municipalities. Existing human and economic resources within the agency will have to be identified to provide the necessary support. The use of external consultants under a contract with the agency will also serve to provide additional technical support as needed. If additional economic resources are identified during the implementation of this plan, they will be incorporated to the program.
Based on available budgets estimates, the implementation of this program will start with an annual budget of approximately one million dollars. This figure excludes the use of human resources within each of the subordinated entities that will be available to help in executing the program. This budget reflects economic constraints being experienced by the central government.
Department of Transportation and Public Works/Highway and Transportation Authority Page 20
Storm Water Management Program Regulated MS4
The appropriateness of this budget will be made part of the assessment duties of the Committee. If additional funding is required, potential sources will be analyzed and identified as needed.
4.4 Agency Policy Related to Storm Water Quality Management
It is the policy of the DTPW and all its subordinated agencies to comply with the Storm Water Quality Management efforts to the extent possible within the agency resources. The protection of the environment, of which surface bodies of water are part of, have been incorporated within the normal day to day agency procedures. However, the agency recognizes that this is an ongoing process that can be always improved to preserve a better environment for our future generations.
4.5 Organizational Structure and Responsibility of Management
As earlier indicated, the DTPW operates as the lead agency under which some subordinated entities operate. Since each one of them is responsible for the operation and maintenance of its corresponding mode of transportation, it is reasonable to delegate the operating and maintenance tasks of the program to the agency with knowledge of its system portion. Therefore, the organizational structure is envisioned to operate as an interagency committee. This arrangement will serve to better distribute both the economic and human resources needed for the SWMP implementation. Figure 4-2 illustrates the responsibilities assigned to each party. The proposed structure remains under the oversight and direction of the DTPW, to which an interagency committee to be appointed by the DTPW management will respond. Each agency position will have an assistant that will substitute the designated in the event that he/she might not be available for assistance and to provide continuity to the efforts.
The committee will be directed by a person appointed by the DTPW. This person will designate an assistance who will act on his behalf when he/she is not available. This implies that the committee will have seven (7) members and five (5) additional ones (one for each entity). It is important to indicate that each representative will receive technical support from his agency. If, required, consultants may be hired to provide additional technical support.
Department of Transportation and Public Works/Highway and Transportation Authority Page 21
Storm Water Management Program Regulated MS4
Figure 4-2: Organizational Structure of the SWMP
Department of Transportation and Public Works (DTPW)
Interagency Committee
- Regular meetings
- Reporting to EPA
- Plan assessment, improvement
Highway and Ports Authority Public Works Metropolitan Bus Maritime Transport Transportation (PA) Directorate Authority (MBA) Authority (MTA) Authority (HTA)
Responsible for Responsible for Responsible for Responsible for the Responsible for the highway project the operation the maintenance and maintenance and planning, design, and maintenance operation of the operation of its construction, and maintenance of and operation bus related facilities inspection. airports and of highways facilities port facilities Inspection of the Develop MS4 Inspection of Inspection of the MTA storm sewer mapping Provide the storm MBA storm sewer system oversight of sewer system system Coordinate with BMP’s related Provide oversight to third parties to their Provide Provide oversight BMP’s related to facilities oversight to to BMP’s related to the MTA facilities Chemical BMP’s related collective Analysis of Responsible for to highways transportation Responsible for the discharges, if airports and and traffic systems (excluding planning, design required port facilities related TU) and construction of planning, facilities the MTA facilities Coordinate construction Responsible for the TMDL’s with and inspection Surveillance of planning, design Public participation EQB/EPA illicit and construction of Provide connections bus related Provide information Provide information to and illegal facilities. This to the committee information to the committee dumping includes the committee construction. Public Public Public participation participation Public participation participation
Department of Transportation and Public Works/Highway and Transportation Authority Page 22
Storm Water Management Program Regulated MS4
5.0 Monitoring and Discharge Characterization Program 5.1 Planned Activities to Assess the Quality of Storm Water discharges from Roads, Highways, and Other Transit Facilities
Transportation agencies, as well as other type of facilities, are required to characterize the types and quantities of pollutants contained in the storm water discharged from their facilities. Road and highways systems serve to transport cars, trucks , and buses, but also pollutants. Impervious surfaces can convey polluted runoff during wet weather events to nearby waterways. Also, road surfaces can carry both land adjacent and road vehicle pollutants that may include heavy metals from tires, brakes, and engine wear, and hydrocarbons from lubricating fluids. If these pollutants are not properly controlled, they may impair waters causing them to no longer support the water’s designated uses and biotic communities.
Knowledge gained from monitoring activities can help to prioritize the agency water quality efforts to best reduce any potential environmental impact. Therefore, the DTPW will develop a plan for storm water discharges monitoring that will be based on:
After performing an inventory of the facilities, they will be divided in subclasses. As an example, toll plazas may be one category while a repair and maintenance facility will be another one, etc. Once the facilities and highways have been categorized, specific facility characteristics such as intensity of operations, size of the facility, sensitiveness of surroundings, water quality of adjacent surface water bodies and other will serve to establish a hierarchy of sites.
Upon considering the collected data, it will be possible to define representative facilities for performing storm water monitoring. This activity will serve to obtain water quality data that may be used and extrapolated to other facilities in an economical and rational way.
5.2 Runoff Water Quality Prioritization and Improvement
The runoff water quality prioritization requires identifying the location of existing MS4 outfalls into surface bodies of water. In order to complete this task, extensive human as well as economic resources shall be dedicated given the extensive coverage of the MS4. Preliminary estimates performed to help in the definition of the time requirements for accomplishing this goal results in years of continuous efforts. Upon considering the fact that approximately 26,517 miles out of the total of 44,200 miles of expressways, highways and roadways are located within urban areas (as defined in the 2000 Census), and using the time estimate that an experienced crew can expected to cover approximately between 2 to 3 miles per day of highways (obtained from the Chapter 11 of the handbook entitled Illicit Discharge Detection and Elimination: A Guidance Manual published by EPA), it is noted that the time requirements to complete the outfall inventory ranges from 53 to 35 years. This estimate considers that one
Department of Transportation and Public Works/Highway and Transportation Authority Page 23
Storm Water Management Program Regulated MS4
crew works during 250 days per year exclusively in this task. If multiple crews are considered, the time requirements can be dramatically reduced but will require assigning additional human and economic resources. It has been estimated that the agency may train and make use of its Field Studies crews to help in this effort. If six (6) crews are assigned to complete this task, it has been estimated that it will require approximately between six (6) to eight (8) years will be necessary.
As indicated in the EPA manual, crews will be provided with:
Maps GPS units Cameras Tape measures Field sheets Clip boards and pencils Spray paint Surgical gloves Sample bottles
The data obtained by each crew will be use to develop a GIS database where outfalls and surface water bodies will be identified. Specific recommendations provided in the manual such as the need to perform this task preferably in dry season, may result in the need to extend the time for data collection, especially in summer time when storms are common. As a result of this work, it will be possible to locate problem areas, find the sources of illicit connections/illegal discharges, remove or correct the illicit connection and document the actions taken.
In prioritizing the development of this task, some aspects to consider are:
Identification of the areas with known water quality problems that merit to receive priority as part of the overall strategy to improve the existing condition; Prefer areas with more dense populations over less densely populated areas Identify recent projects in with already available GPS data
Based on the mentioned aspects, the DTPW believes that the outfall inventory task shall being in the San Juan Metropolitan Area, with concurrent regional assistance nearby the locations where regional urban areas are located (Arecibo, Bayamón, Guayama, Humacao, Mayagüez and Ponce). After completion of the inventory in these areas, efforts to cover less populated areas will be provided. It is important to clarify that during actual outfall inventory performance, storm water samples can be also collected or locations for future sampling activities identified.
Department of Transportation and Public Works/Highway and Transportation Authority Page 24
Storm Water Management Program Regulated MS4
5.3 BMP’s for Special Conditions
After completing and analyzing outfall and water quality data, it may be necessary to develop some specific BMP’s to address a particular condition. Follows a description of some of the BMP’s that may be developed as a result of the outfall inventory and the illegal connection/illegal dumping (IC/ID) activities.
Mark the hot spots where IC/ID has been verified at provide more surveillance of these areas Instruct maintenance crews to stay alert in identify these practices During dry season, eliminate irrigation excess, and seal storm drain system pipe joints that receive ground water
Department of Transportation and Public Works/Highway and Transportation Authority Page 25
Storm Water Management Program Regulated MS4
6.0 Project Planning and Design 6.1 Identification of BMP’s for early Incorporation in Transportation Projects Planning and Design
This element of the SWMP by necessity applies to future or prospective projects. It is the policy of the DTPW to adopt as early as possible as part of its internal policies, in the planning stage, sound environmental and engineering practices aimed to:
Reduce the volume of storm water runoff to be generated on new transportation projects. Incorporate in the project analysis the use of green practices Design storm sewer systems taking into consideration the minimization of storm water contact with pollutants Incorporate the use of BMP’s as part of the contract documents issued for project construction
Major sources for obtaining these practices are:
EPA Menu of BMP’s U.S. Green Building Council Recommended Practices AASHTO Practitioner’s Handbooks
As part of the SWMP development, more specific BMP’s will be developed. However, the following practices are already in place and/or in the process of being adopted.
. Project Planning
o A checklist of minimum requirements that are to be incorporated in the preparation of environmental clearance documents will be prepared. This checklist will identify the need to incorporate and consider green practices during the design and construction stage of the projects. Any known issue pertaining to the surface water body where the storm sewer system will discharge will be identified. The presence of any critical of endangered species which may result affected by the proposed discharge will be analyzed and discussed in the document. This checklist will be monitored by the project manager of the environmental clearance process.
o Particular issues related to the findings of the previous practice will be resolved, and adequate measures to deal with the subject will be documented.
Department of Transportation and Public Works/Highway and Transportation Authority Page 26
Storm Water Management Program Regulated MS4
. Project Design
o The DTPW has already developed standard drawings and standard specifications for road and bridge construction. These standards apply to new construction projects. The mentioned standards include installation details for erosion control measures and specific recommended practices for controlling soil erosion and water pollution control (Section 210). The mentioned sources of BMP’s are included as part of the contract documents that the agency issue for bidding purposes.
o The existing specifications and construction details manual will be revised to incorporate the use of green practices in the next time that the documents are revised . However, the agency may act sooner by incorporating the requirement of adopting BMP’s under the Special Provisions portion of the contract documents.
o As a design alternative in specific cases, elimination curbs from roads and highways allows runoff to be filtered through vegetated shoulders and medians and infiltrate to the ground. It is important to clarify that this is a common practice on highway designs outside urban areas and in urban areas with available ROW. Where curbs are necessary for traffic control, guardrails, or other reasons; curbs breaks can be incorporated to disconnect the impervious surface and direct runoff to pervious areas. This measure may not be suitable for its use on streets with high traffic volume and/or street parking demand. The integrity of the pavement can be maintained by “hardening” the interface between the swale, and the pavement with grass pavers, geo-synthetics, or a flush concrete strip along the pavement edge. Maintenance requirements for grass channels, are generally comparable to those of curb and gutter systems and involve turf mowing, debris removal, and periodic inspections.
Department of Transportation and Public Works/Highway and Transportation Authority Page 27
Storm Water Management Program Regulated MS4
7.0 Management of the Construction Activities 7.1 Compliance with EPA’s Storm Water Pollution Prevention Plans for Construction Activities
As part of the construction activities related with a transportation related project, the contractor is required to comply with all applicable regulations. This broad statement includes not only environmental related agencies but also safety and security agencies such as the Occupational Safety and Health Agency (OSHA). The specific type of permits needed for a particular project will be a function of the nature of the project and the environmental setting. As an example, if the project includes the construction of a new bridge that will impact a surface body of water, then an U.S. Army Corps of Engineers (USCE) Permit will have to be secured.
The following practices are considered to be relevant to construction related activities:
Prior to start any earthwork related activity on projects resulting in the disturbance of greater than or equal to one acre, the selected contractor must provide evidence of the submittal of the NOI as well as the SWPPP prepared for the project. Without such evidence, the contractor won’t be allowed to start site activities. This will promote compliance with the General Construction Activity Permit issued by EPA, as required in 40 CFR Part 122. However, it shall be clear that permitting authority is under the jurisdiction of EPA for Puerto Rico.
If the project is not completed within the effective dates of the permit, the contractor will be required to submit evidence that a renewal application has been submitted.
The DTPW will analyze the possibility of imposing of fines within the contract documents for future projects construction. This measure, if feasible, may serve to provide further enforcement of the regulations on the construction projects promoted by the agency that may impact quality of the storm water runoff that reaches the MS4.
The Federal Highway Administration (FHWA), the agency has adopted the AASHTO Highway Drainage Guidelines, Volume III, “Erosion and Sediment Control in Highway Construction”, 1992, as the guidelines to be followed on all construction projects funded under the title 23 of the CFR. However, these guidelines did not rule out the consideration of other local entities provided that they are more stringent. The mentioned federal guidelines specify that federal aid funds shall not be used in erosion and sediment control actions made necessary because of contractor oversight, careleness, or failure to implement sufficient control measures. Some of the suggested construction site pollutant control, erosion, and sedimentation controls include:
Department of Transportation and Public Works/Highway and Transportation Authority Page 28
Storm Water Management Program Regulated MS4
. Permanent erosion and sediment control measures and practices: they shall be established and implemented at the earliest practicable time consistent with good construction and management practices; . Temporary erosion and sediment control measures and practices: these are preferably coordinated with permanent measures to assure economical, effective and continuous control throughout construction; . Pollutants used during highway construction or operation and material from sediment traps: these recommend that stockpiles are to be protected and are typically not disposed of in a manner that makes them susceptible to being washed into any watercourse by runoff or high water. Therefore, it avoids pollutants from being deposited or disposed of in watercourses.
The guidelines also concerns to the appropriate management of materials used in highway construction, in particular the proper handling and disposal of concrete and cement due to their toxicity for aquatic life.
7.2 Development and Approval Responsibilities
Development of the construction project will be governed by project contract documents, which will include the need of ongoing compliance with the terms and conditions of the EPA General Construction Permit. To promote an adequate project development, the following BMP’s are to be implemented:
. Include the SWPPP implementation as part of the weekly project scheduled meetings. Any particular problem shall be documented and a solution discussed in the next meeting. Evidence of such meetings minutes shall be maintained in the project record. This practice is to be implemented by the Project Inspectors (from the agency and the contractor). . Any SWPPP modifications shall be made in compliance with the applicable EPA Permit conditions. In such instances, the permit will constitute the guidance document based upon which all decisions shall be based. All modifications shall be properly documented as required by EPA.
7.3 Construction Notifications
Construction notifications are required for the construction of new transportation related projects sponsored by the agency. Such notifications will be based on the evidence of the NOI submittal to EPA. Copy of such notification will be retained in project files.
Department of Transportation and Public Works/Highway and Transportation Authority Page 29
Storm Water Management Program Regulated MS4
7.4 Inspection of the Construction Projects
Presently, the DTPW does not have an internal inspection program for storm water purposes. Inspections are mostly related to engineering and contract administrative tasks. Compliance with the EPA Construction permit has been traditionally a contractor responsibility. Due to this condition, the DTPW will train personnel from the agencies in adequate inspection and techniques for construction activities BMP’s. After receiving the training, these persons will act as inspectors for the agency and will provide oversight to the measures included in the SWPPP’s. Evidence of such inspections will be maintained in the project files for future reference. Implementation of this task can be coordinated with other entities such as the municipalities, when construction activities may impact an agency MS4 which is interconnected with a municipal operated MS4.
7.5 State Requirements
At a local level, prior to starting any construction activity, a General Consolidated Permit must be secured. Such permit is issued by the Permits Management Office, and regulates not only earthwork related activities, but also nonhazardous solid waste generation and air emissions. It applies whenever the impacted area is equal or exceeds 900 square meters. Evidence of this permit is also required to be presented by the contractor prior to stat project activities. This permit requires the submittal of monthly inspection reports with photographs.
Department of Transportation and Public Works/Highway and Transportation Authority Page 30
Storm Water Management Program Regulated MS4
8.0 Roadway Maintenance Activities 8.1 Description of Roadway and Transit Facility Maintenance Activities that affect Storm Water
Roadway maintenance activities performed on a regular basis vary as a function of the roadway and type of transportation related activity. Based on a review of the present operations, the following types of activities are performed. It shall be indicated that the list is not meant to be all inclusive, but rather one that provides an overview of the major ones. A more detailed list will be developed as part of the facilities survey that will be performed during the duration of the permit.
8.1.1 Roadways and Highway Support Maintenance Activities
Maintenance activities related to roadway projects include:
Repavement of deteriorated roadways Repainting of pavement markings Replacement and repair of traffic signals Replacement and repair of traffic lights Replacement and repair of security fences, parapets, etc. Maintenance of green areas within the project ROW (including intersections and roadways median)
Most of the listed activities are performed with personnel of the agency, but in some instances, it is performed by private parties constructed for such purposes.
8.2 BMP’s Developed to Prevent and Control Pollution
Due to the diversity in the maintenance operations at each type of facility, the DTPW has chosen to use the ones that apply to them as obtained from the EPA Menu of BMP’s. They are general in nature, but additional and more specific ones will be developed once an inventory of the number of facilities as well as the type of maintenance operations being carried out at each location is completed. After having made this general statement, the following BMP’s will be implemented as a minimum:
8.2.1 Employee Training in Pollution Prevention/Good Housekeeping
This BMP considers the fact that a trained employee may be the best asset for promoting and ensuring a better water quality. The training the roadway maintenance crew shall focus in the ways to protect storm water, particularly when maintaining MS4 infrastructure and performing daily activities. This will include:
Department of Transportation and Public Works/Highway and Transportation Authority Page 31
Storm Water Management Program Regulated MS4
o Establishing procedures for properly handling and disposing of debris and wastes generated during the performance of the roadway maintenance activities; o Identifying ways to incorporate water quality controls on daily maintenance operations
8.2.2 Spill Response and Prevention
Employees shall be trained in the proper response to minor spills of any material or substances being used for performing maintenance operations. Any spill shall be promptly contained and absorbed with a suitable material. The affected surface shall be cleaned. The debris will be stored in and adequate container until its final disposal at an approved facility.
Occurrence of such incidents shall be minimized by means of an adequate operation execution. Water will not be used to clean the debris generated by the recovery of spilled materials.
8.2.3 Roadway Maintenance
Roadway maintenance operations involving the use of paints and/or asphaltic additives shall be performed using the quantities and practices recommended by the manufacturer. Any excess, shall be promptly removed and properly managed. Special consideration shall be provided when working nearby catch basin structures or surface bodies of water.
8.2.4 Trash and Debris Management
Trash or debris generated as a result of the maintenance operations shall be placed in closed containers with lids. For debris stored in piles, a plastic sheet shall be placed on the bottom of it and its top covered with a plastic material to minimize its exposure to runoff. This waste shall be disposed of as soon as possible in an approved EQB/EPA facility. The sweeping of agency owned roadways will be coordinated with the corresponding municipalities in those instances where an overlapping of jurisdictions over MS4 exist.
8.3 Surveillance and Inspection Activities to Ensure Water Quality
During the performance of roadway maintenance activities, a designated person will be in charge of the surveillance and implementation of the BMP’s developed for these activities. This measure will serve to ensure and a better quality of the water discharged into the MS4.
Department of Transportation and Public Works/Highway and Transportation Authority Page 32
Storm Water Management Program Regulated MS4
9.0 Facilities Operations 9.1 Description of the Types of Operations Performed at Facilities 9.1.1 Roadway Related Facilities
Aside from roadways, the agency operates several other facilities that provide support to the roadway system. These include regional maintenance and repair yards, vehicular fleet maintenance facilities, materials storage yards, toll plazas, etc. The agency will need to perform an inventory of such facilities located through the Island within the urban areas as required by the MS4 regulations. This inventory will also serve to identify specific maintenance activities for which specific BMP will have to be developed. With respect to automotive maintenance facilities, EPA considers them as storm water hot spots, capable of producing significant loads of hydrocarbons, trace metals, and other pollutants.
9.1.2 Collective Transportation Maintenance Activities (Buses)
The MBA operates a central repair and maintenance facility located in Guaynabo, Puerto Rico. On that particular location, the bus fleet is painted, maintained and repaired as needed. It is one of kind facility, whose storm water runoff discharge is conveyed to a nearby surface body of water under the terms and conditions of a NPDES permit. Therefore, this facility discharge is not included on this MS4 permit. However, the MBA operates many terminals distributed across the Metropolitan along the buses travel routes. No maintenance activities are performed on those locations. Any malfunctioning bus is transported to the Guaynabo Facility for repair.
With respect to the MBA , it shall be clarified that it operations are limited to most of the San Juan Metropolitan Area.
9.1.3 Airport Maintenance Activities
Airport maintenance activities are similar to those being performed in highways. They are mostly related with the repavement, repainting of the runway lines to direct airplanes transit while departing or landing and maintenance of the green areas of the airports. As with the roadway related facilities, the vehicular fleet is provides with maintenance and repair activities. Washing of vehicles is also performed at these locations. Perhaps, the most relevant facility belonging to the PA authority is the Luis Muñoz Marín International Airport, located in Carolina, Puerto Rico. There are other regional airports, but a significantly smaller scale operated by the agency through the Island. They are located in Aguadilla, Ceiba, Ponce, Mayagüez, and San Juan.
Department of Transportation and Public Works/Highway and Transportation Authority Page 33
Storm Water Management Program Regulated MS4
9.1.4 Ports Maintenance Activities
The PA operates the San Juan Port facilities. It provides support to the traffic of cargo and passenger vessels that enter into the San Juan bay. It is a limited operation when compared to other types of facilities. Essentially, the agency provides support to the private entities that operate in the bay, and therefore, the maintenance activities performed are limited. The maintenance of vehicles fleet and of the buildings of the area has been identified at this time as the only types of operations that worth to be mentioned. As with other facilities, it is expected that further surveys will disclose additional activities.
9.1.5 Train Maintenance Activities
The train system that operates within the San Juan Metropolitan Area moving along a guide way system separated from the vehicular traffic network with a length of 17.5 kilometers. As a result, the system is not affected by the vehicular traffic conditions that may occur at a ground level system. As matter of fact, most of the guide way system was designed and constructed in an elevated structure that completely separates it from the traffic jam observed at the metropolitan area. It operates with 16 stations staring in the municipality of Bayamón, and ending in Sagrado Corazón Station, in Santurce. Normal operations performed at these stations are related exclusively with passenger transfer, no train maintenance related operations are performed at these locations. The existing fleet is composed of about 55 train wagons. This system operates with electricity, implying that no fuels are required for its operation. However, the system uses hydraulic fluids in the braking system that contains petroleum hydrocarbons. In order to provide maintenance to the fleet, a central yard has been located in municipality of Guaynabo. At this location, trains are washed and repaired as needed. No additional facilities have been built as of this date. Since it is a relatively new installation and in consideration of the environmental impacts, most of the wagon maintenance related operations are performed in enclosed spaces.
9.2 BMP’s Developed to Prevent and Control Pollution
Due to the diversity of the maintenance operations being performed at each type of facility, the DTPW has chosen to use the ones that apply to them as obtained from the EPA Menu of BMP’s. They are general in nature, but additional and more specific ones will be developed once an inventory of the number of facilities as well as the type of maintenance operations being carried out at each location is performed. With these observations in mind, the following BMP’s will be implemented at a minimum:
Department of Transportation and Public Works/Highway and Transportation Authority Page 34
Storm Water Management Program Regulated MS4
9.2.1 Employee Training in Pollution Prevention/Good Housekeeping
This BMP considers the development of a training program and inspection and maintenance procedures, and schedules for storm water BMP’s. The training to the staff shall focus in the ways to protect storm water, particularly when maintaining MS4 infrastructure and performing daily activities. This include parking and open spaces maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. This will include:
o Establishing procedures for properly disposing of pollutants removed from the MS4 and/or generated in the facility; o Identifying ways to incorporate water quality controls on daily maintenance operations; o Employees shall be trained not to pour liquid wastes down floor drains, sinks, or outdoor storm drain inlets; o Monitor parked vehicles for leaks, and place pans under leaks to collect the fluids for proper disposal or recycling; o Store cracked batteries in leak proof secondary containers; and o Use detergent based or water based cleaning systems instead of organic solvents degreasers
9.2.2 Materials Management
Many types of materials with the potential of affecting water quality, if not properly handled are found at the facilities. Some of them are:
o Fuels o Lubricants o Paints o Pesticides and fertilizers o Batteries o Trash and debris
For the management of these materials, specific procedures will be developed. Said procedures will consider the performance of maintenance operations in such as way that contact with the floor through which the storm water runoff passes is avoided or minimized. As an example, operations that require the application of paints on exterior surfaces shall not be performed during rain events to preclude a carryover.
When stored in bulk quantities, the liquid materials area shall be provided with secondary means of containment with limited or no exposure at all to run on water.
Department of Transportation and Public Works/Highway and Transportation Authority Page 35
Storm Water Management Program Regulated MS4
The use, management and disposal of pesticides used for landscaping purposes shall be made in accordance to EPA recommendations.
9.2.3 Spill Response and Prevention
Employees shall be trained in the proper response to minor spills of any material or substance being used for performing maintenance operations. Any spill shall be promptly contained and absorbed with a suitable material. The affected surface shall be cleaned. The debris will be stored in and adequate container until its final disposal at an approved facility.
Occurrence of such incidents shall be minimized by means of an adequate operation execution. Use of water shall be minimized to clean small leaks and drips. Rags should be used instead.
9.2.4 Parking Lot and Street Cleaning
Cleaning of parking lots, if required, will be performed considering the location of inlets of the storm sewer system. If water is used, no detergents will be added. In order to reduce the carryover of sediments, wash waters with visible solids will be directed toward grassed areas. Otherwise, a filtering material will be provided to the inlet. If street washing machines are available, they will be used prior to the use of water.
9.2.5 Vehicle and Equipment Maintenance
Vehicles and equipment maintenance activities will be performed in roofed or covered areas that will minimize the exposure of surfaces to their contact with storm water runoff which may become polluted with contaminants resulting from the performance of such operation. These include the change of oil and other fluids (such as brake fluid, coolant and transmission oil). These operations will be performed as per the vehicle or equipment manufacturer recommendations and generated spent liquid stored and d disposed of using exclusively EPA/EQB licensed companies.
This operation shall be performed in a centralized area and the number of used solvents minimized to the extent possible to make recycling easier and to reduce hazardous waste management costs. The purchase of recycled products such as engine oil, transmission fluid, coolant, and hydraulic fluids should be encouraged, if available. Drip pans shall be located within the area, and drain boards (if available) shall be ready to drain back directly into the solvent sink of holding tank for reuse.
The use of non-hazardous cleaners whenever possible shall be encouraged. Chlorinated organic solvents shall be replaced with no chlorinated ones like kerosene or mineral
Department of Transportation and Public Works/Highway and Transportation Authority Page 36
Storm Water Management Program Regulated MS4
spirits. In addition, contracting a solvent service company that can supply parts and cleaning materials, and to collect spent solvents is recommended.
9.2.6 Vehicle and Equipment Washing
Vehicle washing operations shall be performed with water without detergents or at locations equipped with vehicle washing equipment capable of treating and recycling the wastewaters generated by the operations. If possible, a designated grassed area shall be used for those purposes. If not available, waters shall be directed toward a location within the facility where water can be filtered by a vegetation strip prior to reaching the MS4.
9.2.7 Vehicle and Equipment Fueling
Vehicle and Equipment fueling operations shall be performed with precautions to preclude the spill of the fuel in the area. Therefore, the operation shall be supervised. Any spilled area shall be immediately cleaned with an absorbent material. This contaminated material shall be stored in an adequate container and disposed of in accordance to applicable regulations.
9.2.8 Storm Drain System Cleaning
The storm sewer drain system shall be regularly inspected for signs of trash or sediment accumulation. Any excess shall be removed from the system.
9.2.9 Trash and Debris Management
Trash or debris generated as a result of the maintenance operations shall be placed in closed containers with lids. For debris stored in piles, a plastic sheet shall be placed on the bottom of it and covered with plastic material to minimize its exposure to runoff.
9.3 Surveillance and Inspection Activities to Ensure Water Quality
Each facility will designate a person in charge of the surveillance and implementation of the BMP’s developed for the facility. This measure will serve to ensure a better quality of the water discharged into the MS4.
Department of Transportation and Public Works/Highway and Transportation Authority Page 37
Storm Water Management Program Regulated MS4
10.0 Non-Departmental Activities 10.1 Description of Activities Performed by Third Parties that May Encroach on The Agency Property
As earlier indicated, the agency has no legal authority to deal with activities that may be performed by third parties and which may impact the agency property. Once built, roadways and highways are linear projects along which developments usually take place. As a matter of fact, in many instances, the network of highways constitute one of the urban planning tools due to the accessibility that it provides to properties, and therefore facilitating the entry and exit from them. Because of this condition, construction activities may take place at both sides of roadways and therefore, pose a risk of encroaching into the agency ROW, in particular those projects being developed up gradient of the ROW. Permitting authorities for the construction and operation of those projects are:
Permits Management Office (PMO) Environmental Quality Board (EQB) Environmental Protection Agency (EPA) Autonomous Municipalities
Whenever an activity performed by a third party affecting the DTPW property, it will be necessary to request the assistance of the agency with primary responsibility for enforcing the specific regulation from which violations are being experienced.
Aside from the mentioned cases, there are other ones where private entities operations may encroach the agency property. They are mostly related with the operators of facilities owned by the agency but are being operated by private a company under the terms and conditions of a contract. Although this is not a common case, it is becoming increasingly familiar given the economic constraints being experienced not only in Puerto Rico but in other jurisdictions. This type of arrangements allow for the preservation of public economic resources that are provided by the private sector in exchange of the right to operate the public installation. The state retains the ownership of the infrastructure element. It is common to negotiate the operation and maintenance of the property for a predetermined period of time after which the property use reverts to the state, provided that a time extension is not negotiated. Based on available information, the following agency properties are presently being operated under the described scheme:
State Highways PR-5 and PR-22 (Autopistas Metropolitanas de Puerto Rico, LLC.) Teodoro Moscoso Bridge (Autopistas de Puerto Rico) Tren Urbano System (Siemens Transportation Systems) Metrobus
Department of Transportation and Public Works/Highway and Transportation Authority Page 38
Storm Water Management Program Regulated MS4
10.2 Procedures Developed to Assure Compliance with Storm Water Pollution Prevention from These Areas
In order to assure compliance with environmental regulations, which include storm water pollution prevention, the negotiated agreements include provisions that requires the operator the responsibility to operate and maintain the facility in compliance with applicable regulations. Therefore, the agency will coordinate the implementation of pollution prevention practices with these parties as may apply. Copy of such agreements will be available and provided, if required.
10.3 Coordination with MS4 Operated by Municipalities
As detailed in the coverage area section of this SWMP, the MS4 included in the Census designated areas is an extensive one within the political jurisdiction of about 72 municipalities. Since it is likely that the operation of the system will interconnect with the one owned each one of them, equal amounts of agreements will be required to coordinate joint efforts. To that end, the Legal Department of the agency will develop a general form of agreement which may be adopted by both parties. By doing this, the agency will share obtain the support of the municipality for those cases where it is necessary, as an example when an activity or operation is encroaching the agency property like a construction activity or an illegal connection.
Department of Transportation and Public Works/Highway and Transportation Authority Page 39
Storm Water Management Program Regulated MS4
11.0 Non-Storm Water Activities/Discharges
The General Permit issued by EPA for discharges through the MS4, specifically authorizes the following discharges of non-storm water. They are:
. Water line flushing . Landscape irrigation . Diverted stream flows . Rising ground waters . Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005 (20) . Uncontaminated pumped ground water . Discharge from potable water sources . Foundations drains . Air conditioning condensation . Irrigation water, springs . Water from crawl space pumps . Footing drains . Lawn watering . Individual resident car washing . Flows riparian habitats and wetlands . Dechlorinated swimming pool discharges . Street wash water . Residential building wash waters, without detergents
11.1 Description of Other Types of Discharges Not Included in the NPDES Permit - Accidental Spills
Accidental spills may occur within the ROW of the agency roadways and highways system as a result of various conditions such as:
. Vehicles mechanical failures; . Driver’s negligence; . Roadways unsafe conditions (i.e.; slippery roads, etc.) . Driver’s illness . Acts of God . Vehicular Accidents involving the release of chemicals and/or petroleum hydrocarbons
Each incident may require to deploy different types of human resources and to make available at the scene spill response materials. Since responding to an emergency
Department of Transportation and Public Works/Highway and Transportation Authority Page 40
Storm Water Management Program Regulated MS4
like the describes ones is not within the duties of the DTPW, it will be necessary to arrange with other state agencies such as the Police Department, Fire Department, and the Puerto Rico Environmental Quality Board. To that end the DTPW will provide the mentioned agencies with specific information detailing the incident in order to help to facilitate a fast and adequate response to deal with these incidents. This represents a continuation of the past and present conditions. With respect to surface bodies of water, DTPW personnel can help in identify potential points of discharge based on their knowledge of the storm water sewer system.
This coordination will incorporate the municipalities on incidents where a spilled material may reach an MS4 owned by a municipality and which is interconnected with the one operated by the DTPW.
- Illegal Connections
The likelihood of illegal connections within the MS4 operated by the DTPW is minimal, since the system is a linear one with restricted accesses. However, it is possible that some illegal connections may be made either knowingly of without a particular knowledge of it. To minimize the occurrence of this type of connections, the DTPW inspection crews will be trained to be vigilant of this type of connections, particularly during dry weather conditions. If discovered, they will report its exact location to appropriate agencies such as the EQB for further investigation.
- Illegal Dumping
Illegal dumping of solid wastes within the ROW has been a problem being experienced by the agency for many years. Signs advising of the possibility of imposing fines to responsible parties have been in practice for many years. Those fines start at about $100.00 and may reach up to $1,000.00. Authority to implement this fine is found at article 10.20 of Law #22 of 2000. Implementation of this article has been delegated to the Municipal Police Department, Municipal Police Departments and Rangers from the Department of Natural and Environmental Resources.
11.2 Authorized Types of Discharges
The permit authorizes the discharges of storm water from small municipal separate storm sewer systems (MS4’s) as defined in 40 CFR §122.26 (b)(16). This includes small MS4’s designated under 40 CFR §122.32 (a) (1) and 40 CFR §122.32 (a) (2).
The following storm water discharges are not authorized by the permit:
Discharges that are mixed with sources of non-storm water unless such non- storm water discharges are incompliance with a separate NPDES permit, or
Department of Transportation and Public Works/Highway and Transportation Authority Page 41
Storm Water Management Program Regulated MS4
determined not to be a substantial contributor of pollutants to waters of the U.S. Storm water discharges associated with industrial activity as defined in 40 CFR §122.26 (b)(14)(i)-(ix) and (xi). Storm water discharges associated with construction activity as defined in 40 CFR §122.26 (b)(14)(x) or 40 CFR §122.26 (b)(15). Storm water discharges currently covered under another permit, including discharges covered under other regionally issued general permits. Discharges or discharge related activities that are likely to jeopardize the continued existence of any species that are listed as endangered or threatened under the ESA or result in the adverse modification or destruction of habitat that is designated as critical under the ESA.
Department of Transportation and Public Works/Highway and Transportation Authority Page 42
Storm Water Management Program Regulated MS4
12.0 Training 12.1 Description of Training Program for Agency Personnel
At present, agencies provide training and seminars to its personnel, on subjects that the agency deem important. Environmental aspects such as air quality, noise impacts, wetlands as well as new regulations are the subject of these activities which are provided on as needed basis, with no structure or formal schedule. In order to comply with this SWMP element, each agency will develop a more structured scheme to offer trainings on storm water BMP’s to its key personnel. These persons will then transfer their knowledge to other ones within their respective offices, or facilities. If required, external resources as well as agreements with agencies and private entities such as the EQB, EPA, AIDIS, etc. will be made to obtain and promote regular training activities. Records of such activities will be maintained for future reference.
The ultimate goal of this training program will be to provide to every employee whose work functions may affect the quality of storm water discharges, with a basic knowledge of the regulations and why their continuous surveillance and suggestions to improve and built on the already available resources is important. It will be important to let them know that present actions are required to protect and promote a better environment for our future generations.
12.2 Description of Training Program Plans for Contractors
The agencies will start to prepare a basic training program providing contractors with the details of the SWMP, as applicable to their particular project. It will be making them aware of the importance and the consequences of not following the BMP’s specifically detailed in the plan. This will include the imposition of fines for violations of the BMP’s that may result in legal cases to be brought against the agencies. At the end they will sign a document where they acknowledge receipt of the information and that they are aware of the consequences of not following the instructions.
Copy of the training sessions and the signed agreements acknowledging their awareness will be maintained in the agency records.
Department of Transportation and Public Works/Highway and Transportation Authority Page 43
Storm Water Management Program Regulated MS4
13.0 Public Education and Participation 13.1 Framework for Future Plans Communication
The DTPW has an internal Public Communications Office. This agency normally deal with customarily tasks such as coordinating the publication of public notices on major circulation newspapers, for construction bids, public hearings and other general public communication affairs. Due to the nature of its assigned, duties. Based on this finding, it has been considered appropriate to manage all the public participation matters related with storm water through this office.
13.2 Plans to Foster Public Involvement on Storm Water Protection
In order to foster public involvement on storm water protection, the following measures will be implemented.
Communications over the Internet
Since the agency has a web page, it will be updated to include a specific link to storm water related subject. Among the subjects that may be included in this site are:
Brief description of the storm water regulations, Description of the negative impacts caused by the discharge of pollutants through storm sewer systems in receiving bodies of water, Identification of the different measures that individuals can implement while at their homes to help achieve improvements on already impaired surface bodies of water (appropriate handling of trash in house premises, not discarding used oil into storm sewer system inlets, etc.), Notify to appropriate authorities when an illegal discharge or illegal dumping is being observed, Include a link to other agencies with environmental protection duties such as EQB, EPA, DRNA, etc. The DTPW has in place a program known as “Adopt a Highway”. Under this program, private entities assume the task of providing maintenance (including lawn and landscaping maintenance) on portions of public roads. The agency will continue to promote this practice. Flyers
During the course of a year, specific public hearings with high expectations of attendance may be selected to distribute flyers with information pertaining to water pollution and its prevention.
Department of Transportation and Public Works/Highway and Transportation Authority Page 44
Storm Water Management Program Regulated MS4
Additional alternatives for public involvement may be developed and incorporated to the already defined measures.
Department of Transportation and Public Works/Highway and Transportation Authority Page 45
Storm Water Management Program Regulated MS4
14.0 Location Specific Activities 14.1 Requirements to Address Regional Storm Water Issues (TMDL’s)
As required by the CWA, states and territories are required to determine existing and potential beneficial uses of waters and to evaluate whether their current water quality supports the intended uses. This is done through the adoption of water quality standards developed and which identifies designated uses for each body of water (such as swimming, drinking, shellfish harvesting, etc.). If it is determined that water quality will not support the designated beneficial uses, a TMDL is developed. This means that apportions of the maximum amount of a pollutant that the water body can safely assimilate from all the dischargers in the watershed (including transportation agencies) are developed. Under § 303 (d) of the CWA, it is also a requirement to develop lists of the impaired waters. Priority rankings for waters in the list as well as the development of the TMDL’s are also required.
EPA has published a Fact Sheet about Puerto Rico’s 2010 Impaired Water List, which is the most recent one available for review. The summary of the 2010 findings contained in this reference indicates that:
The most common pollutants causing impairment include: - Pathogens (20.57% of impairments) - Arsenic (15.35%) - Dissolved Oxygen (12.98%) - Cyanide (12.65%) - Turbidity (10.46%)
New pollutants on the 2010 list were included for waters in the basins of: - San Juan Bay Estuary - Río Bayamón - Río Grande de Arecibo - Río Yauco - Río Bucaná-Cerrillos - others Pollutant sources affecting sub-basins include: - Onsite wastewater system (232 sub-basins) - Urban/storm water runoff (160) - Confined animal feeding operations (134) - Collection system failure (94) - Agriculture (89)
The document also reflects which water bodies no longer require listing. Removal of a water body from the 303 (d) lists, called delisting, may indicate that the water is restored or that the
Department of Transportation and Public Works/Highway and Transportation Authority Page 46
Storm Water Management Program Regulated MS4
water is receiving management attention that is expected to result in the attainment of water quality standards. According to this reference, 66 surface bodies of water were delisted including:
57 impairments where water quality standards are now met 8 impairments have been delisted due to completion of new ammonia, copper,, and low dissolved TMDL’s in Río Grande De Loíza One impairment pair previously listed in error. Río Maunabo (PRER37A) was delisted for ammonia. The ammonia standard is not applicable to this water segment.
The report goes further in detailing a success story about the Río Grande de Manatí. The Río Grande de Manatí (and its tributaries) include 243.6 stream miles with a drainage area of 176.79 square miles, crossing the municipalities of Barceloneta, Barranquitas, Ciales, Corozal, Florida, Morovis, Naranjito, and Orocovis). EQB included the 38.1 mile long impaired PRNR8A2 sub-basin of the Río Grande de Manatí on the CWA section 303 (d) list of impaired waters in 2002 for not meeting primary and secondary contact designated uses due to high fecal coliform levels. Primary sources of pollution sources were found to be livestock enterprises, communities without sanitary sewer systems, urban runoff, landfills and wastewater discharges. Before 2004, all the livestock enterprises located in the sub-basin, discharged animal waste to nearby water bodies, causing adverse effects on water quality. In many cases, best management practices for controlling bacteria levels, such as cattle exclusion fencing, were absent or malfunctioning. In response, the EQB performed significant outreach activities in these communities during the past six years. After years of continuous activities, livestock enterprises in the Río Grande de Manatí sub-basin are no longer discharging their waste directly to water bodies. As a result, data collected at sampling stations within the assessment unit show that water quality has significantly improved, and therefore, the sub-basin has met the water quality standards for secondary contact uses as of the 2010 assessment cycle.
This TMDL list for Puerto Rico discloses that the following water bodies are impaired:
. A watershed of Río Cibuco with a TMDL for Fecal Coliforms approved in September 2002, . A watershed of Río de la Plata with a TMDL for Fecal Coliforms approved on September 2003, . A watershed of Río Grande de Loíza with a TMDL for Fecal Coliforms approved on September 2007, . A watershed of Río Grande de Loíza with a TMDL for Dissolved Oxygen approved on August 2007 . A watershed of Río Grande de Loíza with a TMDL approved for Copper approved on August 2007,
Department of Transportation and Public Works/Highway and Transportation Authority Page 47
Storm Water Management Program Regulated MS4
. A watershed of Río Grande de Loíza with a TMDL for Ammonia approved on August 2007
In addition to the above listed TMDL’s, on September 27, 2011, EPA approved the following Units:
Assessment Unit Region Parameter PRSR70A SOUTH Fecal Coliform PRSQ52A SOUTH Fecal Coliform PRSQ52A SOUTH Fecal Coliform PRSE52A SOUTH Fecal Coliform PRSQ44A SOUTH Fecal Coliform PRSQ41A SOUTH Fecal Coliform PRSR43A1 SOUTH Fecal Coliform PRSR38A SOUTH Fecal Coliform PRSQ39A SOUTH Fecal Coliform PRWN0005 WEST Fecal Coliform PRWQ76A WEST Fecal Coliform PRWE78A WEST Fecal Coliform PRWK78A WEST Fecal Coliform PRWK96A WEST Fecal Coliform PRWK75A WEST Fecal Coliform PRWQ72A WEST Fecal Coliform PRWQ73A WEST Fecal Coliform PRWQ74A WEST Fecal Coliform PRWQ80A WEST Fecal Coliform PREE26A EAST Fecal Coliform PREQ27A EAST Fecal Coliform PREQ28A EAST Fecal Coliform PRER26A EAST Fecal Coliform PREE22 EAST Fecal Coliform PREQ24A EAST Fecal Coliform PREQ25A EAST Fecal Coliform PRER23A EAST Fecal Coliform PREE30A EAST Fecal Coliform PREE31A EAST Fecal Coliform PRER31A EAST Fecal Coliform PRSE50A SOUTH Fecal Coliform PRSQ50A SOUTH Fecal Coliform PRSR55A SOUTH Fecal Coliform PREE19A EAST Fecal Coliform
Department of Transportation and Public Works/Highway and Transportation Authority Page 48
Storm Water Management Program Regulated MS4
PREE20A EAST Fecal Coliform PREE22A EAST Fecal Coliform PREE29A EAST Fecal Coliform PREE31A EAST Fecal Coliform PREQ21A EAST Fecal Coliform PREQ30B EAST Fecal Coliform PRER19A EAST Fecal Coliform PRER30A EAST Fecal Coliform PRNE7.1 NORTH Fecal Coliform PRNQ1A NORTH Fecal Coliform PRSE48A SOUTH Fecal Coliform PRSE51A SOUTH Fecal Coliform PRSE58A SOUTH Fecal Coliform PRSL43A1 SOUTH Fecal Coliform PRS62A1 SOUTH Fecal Coliform PRSR40A SOUTH Fecal Coliform PRSR42A SOUTH Fecal Coliform PRSR43A1 SOUTH Fecal Coliform PRSR43A2 SOUTH Fecal Coliform PRSR43B SOUTH Fecal Coliform PRSR45A SOUTH Fecal Coliform PRSR47A SOUTH Fecal Coliform PRSR49A SOUTH Fecal Coliform PRSR55A SOUTH Fecal Coliform PRSR56A SOUTH Fecal Coliform PRSR57A1 SOUTH Fecal Coliform PRSR57A2-1 SOUTH Fecal Coliform PRSR57A2-2 SOUTH Fecal Coliform PRSR57B SOUTH Fecal Coliform PRSR59A-1 SOUTH Fecal Coliform PRSR59A-2 SOUTH Fecal Coliform PRSR62A-1 SOUTH Fecal Coliform PRSR63A-1 SOUTH Fecal Coliform
When analyzing the parameters for which TMDL’s have been approved it is evident that the vast majority are related with contamination resulting from sanitary waste water discharges that are not associated with the operation of highways or other types of transportation related facilities. Therefore, based on this information, the DTPW cannot be reasonably be considered a main contributor of this impairment conditions. However, the agency will check that all transportation related facilities are adequately handling the waste waters generated at their facilities, and if required, correct any observed deficiency.
Department of Transportation and Public Works/Highway and Transportation Authority Page 49
Storm Water Management Program Regulated MS4
14.2 Involvement with the Implementation of the TMDL’s
The agency has not been actively involved in the implementation of the TMDL’s by the EQB/EPA. However, due to the potential effects that the implementation of them may have on future projects and its implications on the agency compliance with SWMP requirements, a designated representative will contact the EQB/EPA for obtaining detailed information about current agencies policies as well as of water bodies being considered for future listing. This information will allow the agency management to be aware of specific water quality problems that may be considered as part of future projects planning.
By attending the TMDL’s implementation plan, it may be possible to minimize the setting of arbitrary or non-technical reduction goals. If allocation loads are necessary for a particular water body, the agency may require having a quantified load allocation. Some implementation plans leave it up to the dischargers to develop load allocations. In some extreme instances, during this process, guidelines for the structural BMP retrofit will need to be developed. This may require a BMP retrofit policy to establish cost guidelines for items such as ROW acquisition, utility relocation, and storm sewer drain system redesign.
Department of Transportation and Public Works/Highway and Transportation Authority Page 50
Storm Water Management Program Regulated MS4
15.0 Program Evaluation 15.1 Description of the Types of Evaluations Planned to assess the Program Compliance with the Requirements (including construction and maintenance of field activities)
An evaluation of each of the storm water management program effectiveness will be performed on an annual basis for each of the program elements. Although EPA has not established strict guidelines to perform this assessment, the incorporation of the measurable goals that will be discussed in the following section will serve to monitor the implementation progress and effectiveness.
In general the effectiveness assessment measures the programmatic and/or environmental impacts of the storm water management program, and is performed to determine if the various programs and/or activities are resulting in the desired outcomes. As a result of this assessment process, it is expected to identify the outcome levels achieved, the outcome levels that may be achieved in the future and the beneficial program modifications.
In an attempt to perform this assessment, a procedure similar to the one developed by the California Storm Water Quality Association (CASQA) is being proposed. This entity has established an effectiveness assessment model composed of six (6) levels, in a pyramidal form. Since the ultimate goals of this program is the protection and improvement of the water quality, the six (6) levels corresponds with it. The program levels are described as follows:
Level 1: Improve Permit and SWMP Compliance Level 2: Increase Knowledge and Awareness Level 3: Change Behavior Level 4: Reduce Pollutant Loads Level 5: Improve Storm water Runoff Quality Level 6: Improve Receiving Water Quality
This assessment scheme serves to assist in categorizing and monitor the performance of the SWMP. In using this system it is important to consider that:
. Assessing the outcome levels tend to become progressively more difficult as the level is increased. This means that assessing level 5 is more difficult than assessing level 1. A main reason for this observation is that the upper levels assess the impact of the program on water quality, and therefore requires an extensive data file gathered over an extended period of time to prove its validity. . The first three(3) levels are usually assessed using program management data, but levels 4 through 6 require of physical and/or water quality data to support. It has been recognized that levels 1 through 3 are more appropriate for
Department of Transportation and Public Works/Highway and Transportation Authority Page 51
Storm Water Management Program Regulated MS4
assessing program elements such as management and organization, training, public participation and education. . Each of the major program elements can be assessed at one or more outcome levels based on the available data and information. . Outcome levels 5 and 6 are the direct result of the effectiveness of the overall storm water management program, but it is difficult to establish a correlation between the implementation of the program and changes that may observed in the runoff or receiving waters quality. Because of this observation, these type of assessments are conducted less frequently and require of an extensive data base to support it.
It shall be noted that the storm water contribution of highways and transit related activities within the context of a watershed is difficult to assess. It may be instead be useful to asses it within the context of other storm water contributors in the watershed.
Department of Transportation and Public Works/Highway and Transportation Authority Page 52
Storm Water Management Program Regulated MS4
16.0 Measurable Objectives and Implementation Schedule 16.1 Objectives
The objective of establishing measurable objectives for each of the six (6) minimum measures required by the regulations is to provide benchmarks for plan implementation. As a result of this statement, specific measurable objectives have been selected and adopted for its use from the Measurable Goals Guidance for Phase II Small MS4’s published by EPA.
16.2 Activities and Tasks planned to Achieve Objectives
The activities and tasks selected to provide the tools consistent with the measurable objectives are described as follows. They have been presented in the same order used in the regulations, for ease in use.
16.2.1 Public Education and Outreach (MCM #1)
The intended targets of this strategy are school and the general public. Therefore, measurable objectives will be:
The number of educational materials distributed to schools, The number of students attending activities in which storm water education is included, The number of activities where storm water education is provided to the community; The number of visits to the web page to be created by the agency; The number of flyers distributed on toll plazas
16.2.2 Public Participation and Involvement (MCM #2)
The intended target for this strategy is the general public that assist to the Informative Workshops that the agency regularly held’s to obtain the comments about a specific or a particular project during its planning stage. Specific measurable objectives will be:
The number of Informative Workshops in which storm water education is included, The number of people attending the workshops, The number of materials distributed among the attending public, The number of participants in the Adopt a Highway program, The number of phone calls received from the public informing of illegal dumping in the ROW of the roadways and highways;
Department of Transportation and Public Works/Highway and Transportation Authority Page 53
Storm Water Management Program Regulated MS4
16.2.3 Illicit Discharge/Illegal Dumping Detection and Elimination (MCM #3)
This strategy will be geared to the transportation system users, and lad uses adjacent to the ROW and transit related facilities, and municipalities and other entities that may help in the detection and elimination of illegal discharge and illegal dumping detection and elimination. The measurable objectives will be:
Inventory conducted and sites prioritized for inspection, The number of field tests conducted in high risk areas’ The number of illicit connections found, The number of illicit connections eliminated, The number of illegal dumps reported by citizens, The number of illegal dumps reported by other agency officials (such as the State and/or Municipal Police, etc., The number of penalties enforced upon the responsible of illegal dumps, The number of illegal dump clean-ups completed; The number of dry weather tests completed The number of agreements signed with municipalities, The miles of highway and roadway inventoried, The number of outfalls identified
16.2.4 Construction Site Runoff Control (MCM #4)
This control strategy is directed to the projects to be developed by the agency, contractors, and third party whose actions may encroach the ROW of the agency.
The number of permits issued by the EQB/EPA for projects sponsored by the agency, Then number of trained inspectors, The number of inadequate site/plans reported by inspectors, The frequency of inspection and maintenance of BMP’s, The number of failed storm water BMP’s, The number of construction sites that have check dams, The amount of sediment collected, The frequency of inspection and maintenance of construction entrances, The amount of sediment collected at construction entrances, The number of trained contractors, The number of sites inspected, The number of construction sites with filter berms,
Department of Transportation and Public Works/Highway and Transportation Authority Page 54
Storm Water Management Program Regulated MS4
The number of construction sites that use geotextiles, The number of sites that use gradient terraces, The number of construction sites that use grass-lined channels, Water quality at the outfall, The number of construction sites that use permanent seeding, The number of construction sites that preserve natural vegetation, The number of construction sites that use riprap The number of construction sites that use sediment filters and chambers, The number of projects that use sediment traps, The number of projects that use sediment basins and rock dams, The amount of silt fence installed, The number of construction sites that use silt fence, The number of construction related reported spills, The number of storm drain inlets protected, The number of construction sites that use storm drain inlet protection, The number of sites that use temporary diversion dikes, The number of temporary streams crossings installed, The number of wash areas on-site, The number of sites with designated vehicle maintenance and washing areas
16.2.5 Post-Construction Runoff Control (MCM #5)
This measurable goal portion of the SWMP differs from the one developed by municipalities since the agency does not have legal authority to pass ordinances. The objectives will be directed toward the maintenance of structural BMP’s as well as for the identification of potential measures to help to reduce the storm water runoff reaching the storm drain system. The specific measurable goals are:
The number of transportation related facilities assessed to identify the possibility for reducing the volume of storm water runoff generated and conveyed to the MS4, The volume of storm water runoff diverted to grassed areas or onsite infiltration systems, The number of structural BMP’s inspected The number of structural BMP’s inventoried
Department of Transportation and Public Works/Highway and Transportation Authority Page 55
Storm Water Management Program Regulated MS4
16.2.6 Pollution Prevention/Good Management Practices (MCM #6)
This strategy is directed to employees and third party entities within facilities owner by the agency. The specific measurable objectives are:
The number of employees trained in preventing pollution from automobile, trucks and equipment maintenance activities, The number of spills reported, The total number of facilities equipped to store hazardous materials, The total number of employees trained in hazardous material handling, storage and maintenance, The number of inspections of facilities where hazardous materials are stored, The number of reports of illegal dumping received, The number of dump sites cleaned up, The number of people trained in safe landscaping, lawn care, mad pest management techniques, The number of classes/seminars offered in landscaping and lawn care, The With respect to roadway and bridge maintenance, whether or not a current list of roadway and bridge construction is maintained, The number of roadway maintenance employees trained in pollution prevention techniques, The number of persons trained in spill response, The number of regularly inspected high risk facilities, The number of outfalls cleaned regularly, The amount of trash, sediment, and other pollutants removed during cleaning, The number of gallons of used oil collected from maintenance facilities, The number of recycling facilities that collect oil produced from the agency maintenance operations The number of designated agency vehicle washing areas
16.3 Implementation Schedule
Given the complexity of dealing with an interagency committee and the extensive nature of the coverage area, the implementation schedule for this SWMP has been envisioned to be developed in an incremental mode. This means that during the first years, most of the resources will dedicated to the establishment of the organization scheme, establish agreements with other agencies and entities and develop an Island wide inventory of facilities, perform audits, start to develop a GIS based map of the outfalls, identify illegal connections, and start the evaluation of
Department of Transportation and Public Works/Highway and Transportation Authority Page 56
Storm Water Management Program Regulated MS4
the measurable goals. Due to the need to identify additional economic resources and resulting from the extensive coverage area, it is anticipated that some elements of the plan will not be fully developed during the permit effectiveness. However, the DTPW is committed to fully comply with the requirements of the regulation. In consideration to the previous statements, the following schedule has been developed.
Year Minimum Control Measures (MCM) 1 Create organizational structure, perform an overall facility inventory, identify water use practices, start MS4 outfall inventory, establish training program, modify agency internet page, establish roadway maintenance procedures, establish facilities inspection and housekeeping procedures, etc.
2 Continue with MS4 outfall locations, continue with inspections, continue with trainings, continue with BMP’s surveillance, continue with public education and participation programs, perform evaluations, continue with IC/ID detection, prepare reports. 3 Continue with MS4 outfall locations, continue with inspections, continue with trainings, continue with BMP’s surveillance, continue with public education and participation programs, perform evaluations, continue with IC/ID detection, prepare reports. 4 Continue with MS4 outfall locations, continue with inspections, continue with trainings, continue with BMP’s surveillance, continue with public education and participation programs, perform evaluations, continue with IC/IL detection, prepare reports. 5 Continue with MS4 outfall locations, continue with inspections, continue with trainings, continue with BMP’s surveillance, continue with public education and participation programs, perform evaluations, continue with IC/ID detection, prepare reports.
Department of Transportation and Public Works/Highway and Transportation Authority Page 57
Storm Water Management Program Regulated MS4
17.0 Reporting 17.1 Annual Reports
The DTPW will perform an annual review of the SWMP elements as detailed in section 15.0. The report will be focused in the results of the evaluation of the six (6) minimum control measures required by the regulations. An annual report detailing the findings of this activity will be submitted to EPA. This annual evaluation will serve to identify elements or BMP’ s in the need of being modified or replaced with a new one, if the assessment demonstrates its inefficiency.
The annual report will contain the following:
Introduction Status of compliance with permit conditions and proposed schedule Results of the Annual Evaluation of the MCM that will include: - Public Education and Outreach (MCM #1) - Public Involvement/Participation (MCM #2) - Illicit Discharge Detection and Eliminations (MCM #3) - Construction Site Storm Water Runoff Control (MCM #4) - Post Construction Storm Water Management (MCM #5) - Pollution Prevention /Good Housekeeping (MCM #6)
Summary of the Activities Planned for the Next Year Changes in Identified BMP’s or Measurable Goals Reliance in Other Government Entities Other
17.2 Work Plans
If warranted by specific conditions, a work plan designed to address a particular element of the SWMP will be submitted to EPA. This may include the need to identify additional economic or human resources to complete a specific task of the program.
17.3 Proposed SWMP Modifications
If a modification of a specific BMP’s proposed for its use is required as a result of the assessment process, the following minimum supporting information will be provided:
Analysis of why the BMP is ineffective or unfeasible (including cost considerations), Expectations of the effectiveness of the proposed replacement BMP, Supporting information as to why the proposed replacement BMP will help to achieve the program goals
Department of Transportation and Public Works/Highway and Transportation Authority Page 58
Storm Water Management Program Regulated MS4
A record of modifications will be included in Appendix 6 of this plan.
17.4 Noncompliance Incidents
Non compliance incidents will be reported to EPA. The report will include:
Description of the Incident (including location, type of substance, date, estimate of spilled material , if related to a spill event), Description of the Corrective Measures Definition of the amount of recovered debris and final destination Identification of Notified Agencies Measures to minimize the recurrence of the incident
Department of Transportation and Public Works/Highway and Transportation Authority Page 59
Storm Water Management Program Regulated MS4
18.0 Storm Water Management Plan Certification
The certification of the plan has been included in Appendix 7.
Department of Transportation and Public Works/Highway and Transportation Authority Page 60
Storm Water Management Program Regulated MS4
Appendixes
1 PRR04000 NPDES General Permit for Discharge
2 Copy of Notice of Intent
3 Coverage Area Map Developed with CENSUS data for 2000
4 Partial List of Expressways, Highways and Roadways included in this SWMP
5 Drainage Basins of major Rivers defined by the USGS
6 Record of Plan Modifications
7 Certification
Department of Transportation and Public Works/Highway and Transportation Authority Page 61