Regulatory Side
NPDES
- The NPDES permit program is the US Environmental Protection
agency’s (EPA) primary enforcement mechanism to ensure
compliance with the CWA’s provisions. EPA regulations require
NPDES permits for discharges from four broad categories of
storm water discharges:
- Municipal separate storm sewer systems (MS4s)
- Construction activity
- Industrial activity
- Sand and gravel activity
Point Source permits NPDES (National Pollutant Discharge
Elimination System) 33 USC $ 1342
- Permit program for point sources
- Discharge is illegal without permit
- Most States implement NPDES
- States implement the federal program
- States have to prove that they have the laws, capacity, and
personnel to implement the NPDES.
- Federal agencies, such as the EPA, can take away the state’s
right to implement NPDES.
- Tennessee has NPDES permitting authority
- State programs must be at least as stringent as
the federal programs, such ass the CWA.
NPDES & Construction
- Must capture new mechanism to capture 1 st inch of run-off
from construction sites.
- Construction sites must obtain coverage under the state’s
general NPDES permit for construction storm water run-off
if clearing, grading or excavating is planned on any site larger
than one acre or any disturbance of less than one acre if it
is part of a larger common plan of development or sale. They
are required to control erosion and run-off as well as address
post-construction storm water run-off
If in Phase I or Phase II community then commercial and private
property (i.e. everything within boundaries) is covered by
NPDES permit.
The municipality is responsible for enforcement and monitoring.
- Illicit Discharge investigation
- TMDL monitoring
Seven NPDES Exceptions
- Incidental discharge of sewage from vessels
- Non-point source (sheet) run-off
- Industrial pretreatment discharge
- If an industry produces something toxic before discharge
they will send it to a private pretreatment facility
- Return flows from irrigation
- Agricultural and silvicultural storm water discharges
- Dredge and fill (falls under $ 404)
- Groundwater (toxic regulated under Safe Drinking Act and
RCRA)
NPDES Permit Conditions
- Effluent limitations (TBELs, WQBELs - both parts of the NPDES
permit)
- Monitoring and reporting requirements
- Duty to properly operate and maintain systems
- Record keeping conditions
Conditions to address an “upset” or unusual failure
Storm Discharge from Municipal Separate Storm
water Systems (MS4s)
- The Water Quality Act of 1987 included requirements for
implementing a regulatory program to address storm water
discharge from industrial and municipal storm water sources.
- The program was divided into two implementation phases to
deal first with those discharger’s who presented the most
severe threat to water quality and to allow flexibility in
developing appropriate limitations on other discharger’s based
on water-quality impact.
Phase I
- The phase I program was promulgated in 1990. Under phase I
NPDES permits are required for large (population 100,000
to 250,000) Municipal areas. Each regional office of the
EPA has considerable latitude regarding appropriate permit
requirements for individual municipalities.
Phase II
- Phase II of the storm water control program was published
in 1999. The phase II program covers all municipal separate
storm water systems (MS4s) located in urban areas.
Exceptions can be made to exclude urban MS4s or to include
non-urban MS4s by the NPDES - permitting authority.
Operators must design control programs that reduce the
discharge of pollutants to the maximum extent practicable
(MEP), protect water-quality, and satisfy the appropriate
water-quality, and satisfy the appropriate water-quality
requirements of the CWA.
Tennessee Municipal Separate Storm Sewer Systems
- Under Tennessee Municipal Separate Storm Sewer Systems
(MS4) permits, cities must develop storm water programs and
regulate sources at a local level.
- In addition to Tennessee’s four MS4 Phase I cities
(Memphis, Nashville, Chattanooga, and Knoxville) that are
covered under individual NPDES permits, 78 other cities
and counties are now covered by the MS4 Phase II general
permits.
- There are six Phase II MS4 program elements that result in
reductions of pollutants from storm water discharged into
receiving water-bodies.
Phase II MS4s
- Six elements must be included in the MS4 programs
- Public education and outreach
- Detection and elimination
- Construction site run-off control , and
- Pollution / good housekeeping
- These small systems were required to obtain
an NPDES permit by March 10, 2003
No federal regulation of non-point sources
- States Programs
- Storm-water control programs
- Surface water management programs
- No CWA permit required for non-point pollution
- State may violate CWA if they allow water quality standards
to be violated
State Responsibilities
- Water use classifications
- Water Quality Standards
- Non-Point Source pollution
- Anti-degradation
- Water-Quality certifications
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