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 .