United Stares Environmental Protection 

Agency 

Office Of Water 

(EN-336) EPA 833-B-9202 November 1992 

Guidance Manual 

For The Preparation 

Of Part 2 Of The NPDES 

Permit Applications For Discharges 

From Municipal Separate 

Storm Sewer Systems 
FOREWORD 

This manual provides detailed guidance on the development of Part 2 permit 

applications for municipal separate storm sewer systems. It provides technical assistance and 

support for all municipal separate storm sewer systems subject to regulatory requirements 

under the National Pollutant Discharge Elimination System (NPDES) program for storm 

water point source discharges. This manual also emphasizes the application of pollution 

prevention measures and implementation of Best Management Practices (BMPs) to reduce 

pollutant loadings and improve water quality. 

The control of pollution from urban and industrial storm water discharges is critical in 

maintaining and improving the quality of the Nation’s waters. Pollutants in storm water 

discharges from many sources are largely uncontrolled. The National Water Quality 

inventory, 1990 Report 10 Congress, provides a general assessment of water quality based on 

biennial reports submitted by the States under Section 305(b) of the Clean Water Act 

(CWA). The report indicates that roughly one third of the impairment in assessed waters 

is due to storm water runoff. 

This document was issued in support of Environmental Protection Agency (EPA) 

regulations and policy initiatives involving the development and implementation of a 

national storm water program. This document is Agency guidance only. It does not 

establish or affect legal rights or obligations. Agency decisions in any particular case will 

be made applying the laws and regulations on the basis of specific facts when permits are 

issued or regulations promulgated. 

This document will be revised and expanded periodically to reflect additional guidance. 

Comments from users are welcomed. Send comments to U.S. EPA, Office of Wastewater 

Enforcement and Compliance, 401 M Street, SW, Mail Code EN-336, Washington, D.C. 

20460. 

Michael B. Cook, 

Director 

Office of Wastewater Enforcement 

and Compliance 
TABLE OF CONTENTS 

1.0 INTRODUCTION ...... ................................ 1-1 

1.1 Overview . . . . . . . . . . . . 1-1 

1.2 Summary of the Clean Water Act Requirements . . . . . . . . . . . . . . . . . . . l-l 

1.3 The Permit Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 

1.4 Who Must Submit a Part 2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 

1.5 Submitting the Part 2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4 

1.6 Use of Information in Part 1 and Part 2 Applications. . . . . . . . . . . . . . . . . . . . 1-9 

1.7 Organization of this Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9 

1.8 Other Guidance Available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9 

2.0 THE PART 2 APPLICATION . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 

2.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 

2.2 Part 1 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3 

2.2.1 Overview of the Part 1 Application ......................... 2-3 

2.2.2 Overview of the Part 2 Application ........................ 2-4 

2.2.3 Relationship Among Application Requirements ........... . 2-5 

2.3 Additional Factors to be Considered in Developing the Part 2 Application 2-7 

3.0 ADEQUATE LEGAL AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . 3-1 

3.1 Background ....... ..................................... 3-1 

3.2 Summary of Regulatory Requirements ......................... 3-1 

3.2.1 Control Construction Site and Other Industrial 

Discharges to the MS4 ...................................... 3-1 

3.2.2 Prohibit Illicit Discharges and Control Spills and Dumping ......... 3-2 

3.2.3 Control Contributions of Coapplicants .......................... 3-2 

3.2.4 Require Compliance with all Regulations and Statutes ............. 3-3 

3.2.5 Carry Out Inspection, Surveillance, and Monitoring Procedures ...... 3-3 

3.3 Procedures for Demonstrating Adequate Legal Authority . . . . . . . . . . . . . . . . 3-4 

4.0 SOURCE IDENTIFICATION . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 4-1 

4.1 Background . . . . . . . . 4-1 

4.2 Major Outfalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 

4.2.1 Definition of a Major Outfall ......... .............. 4-2 

4.2.2 Identifying Major Outfalls ... ....................... 4-2 

i 
4.3 Inventory of Industrial Dischargers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2 

4.3.1 Facilities that must be Included in the Inventory .................. 4-2 

4.3.2 Identifying the Industrial Facilities ............................ 4-3 

4.4 Organizing the Industrial Inventory by Watershed . . . . . . . . . . . . . . . . . . . . . 4-5 

5.0 CHARACTERIZATION DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 

5.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 

5.1.1 Objective of this Section ...................................... 5-1 

5.1.2 Potential Impacts of Storm Water Runoff ........................ 5-1 

5.1.3 Use of the Characterization Data .............................. 5-3 

5.1.4 Storm Water Sampling and Analysis Procedures ................. 5-3 

5.2 Summary of Regulatory Requirements ............................... 5-5 

5.3 Quantitative and Qualitative Data Requirements ....................... 5-5 

5.3.1 Selection of Representative Sampling Sites ....................... 5-5 

5.3.2 Criteria for Storm Water Discharge Sampling .................... 5-6 

5.3.3 Narrative Description of Storm Event .......................... 5-7 

5.3.4 Chemicals/Water Quality Parameters to be Measured .............. 5-7 

5.3.5 Additional Quantitative Data ................................ 5-10 

5.4 Estimation of System-wide Event Mean Concentrations and Annual 

Pollutant Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 

54.1 Data Sources ............................................ 5-11 

5.4.2 Event Mean Concentrations ................................. 5-13 

5.4.3 Annual Pollutant Loadings ................................. 5-13 

5.5 Proposed Schedule for Seasonal Loads and Representative Event Mean 

Concentrations of Major Outfalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-17 

5.6 Collection of Representative Data for Proposed Monitoring Program for the 

Term of the permit ............................................. 5-19 

5.6.1 Goals of a Monitoring Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-20 

5.6.1.1 Characterizing Discharges ............................ 5-20 

5.6.1.2 Evaluating the Source(s) of Specific Pollutants ............ 5-20 

5.6.1.3 Evaluating the Performance of Specific Controls ........... 5-21 

5.6.1.4 Identifying the Full Range of Chemical, Physical, and 

Biological Water Quality Impacts .................... 5-21 

5.6.2 Monitoring Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-23 

ii 
6.0 PROPOSED MANAGEMENT PROGRAM . . . . . . . . . . . . . . . . . 6-1 

6.1 Background ........................................... 6-1 

6.2 Summary of Regulatory Requirements ............................ 6-1 

6.3 Programs to Control Storm Water Runoff from Commercial and Residential 

Areas, Construction Sites, and Industrial Facilities ................... 6-2 

6.3.1 Commercial and Residential Activities . . . . . . . . . . . . . . . . . 6-2 

6.3.1.1 New Development and Significant Redevelopment ......... 6-3 

6.3.1.2 Public Streets, Roads, and Highways ................... 6-6 

6.3.1.3 Flood Management Projects ........................ 6-8 

6.3.14 Municipal Waste Facilities ............................ 6-9 

6.3.1.5 Pesticides, Herbicides, and Fertilizers ................. 6-9 

6.3.2 Construction Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11 

6.3.2.1 Site Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12 

6.3.2.2 Nonstructural and Structural BMPs for Construction 

Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13 

6.3.2.3 Site Inspections and Enforcement of Controls for Construction 

Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13 

6.3.2.4 Educational Measures for Construction Site Operators . . . . 6-15 

6.3.3 Program to Control Pollutants in Storm Water Discharges from 

Waste Handling Sites and from Industrial Facilities . . . . . . . . . . . . . . 6-16 

6.3.3.1 Identifying Priorities . . . . . . . . . . . . . . . . . . . . 6-17 

6.3.3.2 Developing Procedures . . . . . . . . . . . . . . . . 6-18 

6.3.3.3 Establishing and Implementing Controls . . . . . . . . . . . . . . . . 6-19 

6.3.3.4 Inspection and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . 6-19 

6.4 Structural Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 6-21 

6.4.1 Description of Structural Controls . . . . . . . . . . . . . . . . . . 6-21 

6.4.1.1 Detention Controls ........................... 6-25 

6.4.1.2 Infiltration Controls ............................. 6-26 

6.4.1.3 Filtration Controls ................................. 6-28 

6.4.2 Maintenance Activities .................................... 6-29 

6.4.3 Considerations for Planning and Siting Controls ................ 6-30 

6.4.3.1 Use of Municipal Lands . . . . . 6-30 

6.4.3.2 Use of Private Lands. . . . :“:“‘.:::“:::::::: 6-31 

6.4.3.3 Siting Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-31 

6.5 Program and Schedule to Detect and Remove Illicit Discharges and 

Improper Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-31 

iii 
6.5.1 Prohibiting Illicit Discharges ..................... 6-32 

6.5.2 Field Screening ................................ 6-33 

6.5.3 Investigation of Potential Illicit Discharges ................ 6-34 

6.5.4 Spill Response and Prevention ............... ... 6-35 

6.5.5 Public Awareness and Reporting Program ....... ..... 6-37 

6.5.6 Proper Management of Used Oil and Toxics ................ 6-37 

6.5.7 Infiltration of Seepage .................................. 6-38 

6.6 Signatory and Certification Requirements ............. 6-39 

6.7 Implementation of the Storm Water Program ........................ 6-39 

7.0 ASSESSMENT OF CONTROLS . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . 7-1 

7.1 Background ................................................. 7-1 

7.2 Assessment of Storm Water Management Program ................. 7-1 

7.2.1 Direct Measurements of Program Effectiveness ................. 7-2 

7.2.2 Indirect Measurements of Program Effectiveness ................ 7-3 

7.2.3 Impacts of Storm Water Controls on Ground Water ............ 7-3 

7.3 Annual Reports on the Effectiveness of the Storm Water Management 

Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3 

8.0 FISCAL ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 

8.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 

8.2 Procedure for Conducting a Fiscal Analysis . . . . . . . . . . . . . . . . . . . 8-1 

Appendix A: Bibliography 

Appendix B: Part 2 Application Requirements 

Appendix C: Adequate Legal Authority 

iv 
LIST OF EXHIBITS 

Exhibit 1-1: 

Exhibit 1-2: 

Exhibit 1-3: 

Exhibit 2-1: 

Exhibit 2-2: 

Exhibit 2-3: 

Exhibit 4-1: 

Exhibit 4-2: 

Exhibit 5-1: 

Exhibit 5-2: 

Exhibit 5-3: 

Exhibit 5-4: 

Exhibit 5-5: 

Exhibit 5-6: 

Exhibit 6-1: 

Exhibit 6-2: 

Exhibit 6-3: 

Exhibit 6-4 

Large and Medium MS4s ............................... 1-3 

NPDES Storm Water Program Permitting Authorities ............... 1-5 

Documents Available from the EPA Storm Water Hotline . . . . . . . . . . . 1-10 

Part 1 and Part 2 Application Requirements . . . . . . . . . . . . . . . . . . . . . 2-2 

Examples of Relationship Among Part 2 Requirements . . . . . . . . . . . . . . . 2-6 

Excerpts from a Public Involvement Program . . . . . . . . . . . . . . . . . . . . . . 2-11 

Industry Categories Cited in the Definition of Storm Water Associated 

with Industrial Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4 

Example of a Map Organizing Industry by Watershed . , . . . . . . . . . . . . . 4-8 

Priority Pollutants Detected in at Least 10% of NURP Samples . . . . . . . . . 5-4 

Pollutants Listed in Table II in Appendix D of 40 CFR Part 122 . . . . . . . . . 5-8 

Pollutants Listed in Table III in Appendix D of 40 CFR Part 122 . . . . . . . . 5-9 

Conventional Pollutants Listed in Section 122.26(d)(2)(iii)(A)(3) . . . . . . . . . 5-9 

Pollutants for which Event Mean Concentrations and Annual Pollutant 

Loads Must be Calculated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-11 

NURP Study Range of Detected Concentration for Specific Pollutants . . . 5-12 

Storm Water Programs in Delaware and Florida . . . . . . . . . . . . . . . . . . . . 6-6 

Construction Site BMPs . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . 6-14 

Structural Controls Matrix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22 

Sample Illicit Discharge Investigation Procedures Options . . . . . . . . . . . 6-35 

V 
CHAPTER 1 

INTRODUCTION 
1.0 INTRODUCTION 

1.1 OVERVIEW 

Control of pollution from urban and 

industrial storm water discharges is an 

important factor in maintaining and improving 

the quality of the Nation’s waters. To help 

improve the quality of storm water discharges, 

Congress passed the Water Quality Act (WQA) 

in 1987. The WQA added to the Clean Water 

Act (CWA) a provision [Section 402(p)) that 

directed the U.S. Environmental Protection 

Agency (EPA) to establish final regulations 

governing storm water discharges under the 

National Pollutant Discharge Elimination 

System (NPDES) program. 

In response, EPA published regulations in 

the November 16, 1990, Federal Register (55 FR 

47990) that established NPDES permit 

application requirement for storm water point 

source discharges As part of these regulations, 

municipal separate storm sewer systems (MS4s) 

that serve populations greater than 250,000 

(“large MS4s"), MS4s that serve populations 

between 100,000 and 250,000 (“medium MS4s“), 

and other MS4s identified by the permitting 

authority must be covered by NPDES permits. 

The regulations establish a two-part application 

process for these MS4s In April 1991, EPA 

issued guidance on the preparation of Part 1 of 

the NPDES permit application for discharges 

from MS4s EPA, 1991b). The present manual 

provides guidance on the preparation of Part 2 

applications. The information in this manual 

should help municipalities focus their efforts on 

activities that meet the application 

requirements. 

1.2 SUMMARY OF THE CLEAN WATER 

ACT REQUIREMENTS 

Section 402 of the CWA prohibits the 

discharge of any pollutant to waters of the 

United States from a point source, unless that 

discharge is authorized by a NPDES permit. 

Efforts to improve water quality under the 

NPDES program have traditionally focused on 

reducing pollutants in discharges of industrial 

process wastewater and municipal sewage. As 

pollution control measures have been 

implemented for these discharges, it has 

become evident that diffuse sources of water 

pollution (those occurring over a wide area) are 

also major contributors to water quality 

degradation. Recent studies, including the 

Nationwide Urban Runoff Program (NURP) 

study (EPA, 1983), have shown that storm 

water runoff from urban and industrial areas 

typically contains the same general types of 

pollutants that are often found in wastewater 

in industrial discharges. Pollutants commonly 

found in storm water runoff include heavy 

metals, pesticides, herbicides, and synthetic 

organic compounds such as fuels, waste oils, 

solvents, lubricants, and grease. These 

compounds can have damaging effect on both 

human health and aquatic ecosystems. In 

addition to pollutant, the high volumes of 

storm water discharged from MS4s in areas of 

rapid urbanization have had significant Impacts 

on aquatic ecosystems due to physical 

modifications such as bank erosion and 

widening of channels. 

The statutory provisions governing 

discharges from MS4s are contained in CWA 

Section 402(p)(3)(B). In general, Congress 

provided that permits for discharges from 

MS4s: 

May be issued on either a system- or 

jurisdiction-wide basis; 

Shall effectively prohibit non-storm 

water discharges into the MS4, and 

Shall require controls to reduce the 

discharge of pollutants to the maximum 

extent practicable (MEP). 

1-1 
fntroductlon 

Under the storm water program, the in&al 

round of NPDES permrts wII emphasize the 

use of Best Management Practices (BMPs) to 

reduce pollutant loadmgs from MS4s. These 

BMPs include polluhon prevention measures, 

management practices, control techniques, and 

design and engineenng practices. As with any 

discharger subpct to the NPDES program, 

MS4s must meet technology-based 

requirements [in this case, the “maximum 

extent practicable” standard of Section 402(p)l 

as well as applicable water quality standards. 

1.3 THE PERMIT APPLICATION PROCBSS 

The goal of the NPDBS program for 

municipal storm water is the reduction and 

ehmination of pollutants in storm water 

discharges from large and medium MS&. The 

permrt application process in 40 CPR 122.26(d) 

is designed to meet this goal by developing 

sltespeclhc NPDES permits containing storm 

water management programs for individual 

MS4s. Site-specific permitting is crucial given 

the dlffermg nature of discharges from MS4s in 

different parts of the country and the varying 

impacts of these discharges on receiving 

waters. To facilitate this process, the 

regulations specify a two-part permit 

apphcahon. 

Part 1 of the permit application initiates the 

process through which municipalities began to 

Identify sources of pollutants to the municipal 

storm sewer system. Partlalsorequka 

munxipa.lWs to propose strategies to 

characterize storm water discharges from their 

munqxil separate storm sewer systems. 

Guidance for the lbjxlmtion of Part I of The 

NPDES Permit Appliuations /iv Disdarges From 

Municipal Separate Storm Sewer Systems was 

issued in April 1991, and is available through 

EPA’s Storm \Vater Hothne l(703) 82148231. 

The present manual describes how to meet 

the Part 2 permit application requirements for 

storm water discharges from largeand medtum 

Msls Part 2 of the permit applicahon builds 

upon the foundation established m Part I and 

provides for the development of comprehensive 

storm water management programs. Part 2 

requires particular mformahon that M54s must 

have developed to have an effective storm 

water control plan. However, each applicant is 

given flexibility on how to present and 

organize this information m a way which best 

suits the MS4’s needs and is most consistent 

with its overall storm water management 

strategy. This guidance presents examples 

which illustrate some alternative ways to 

present information that will fulfill the Part 2 

permit application requirements. 

1.4 WI-IO MUST SUBMIT A PART 2 

APPLICATION 

Municipahties, incorporated places, and 

counties with unincorporated urban areas that 

own or operate a large or medium MS4 that 

discharges to waters of the United States are 

required to obtain a NPDES storm water 

permit. In addition, small MS4s (less than 

100,000> that are owned or operated by a 

municipality other than those idenbhed m the 

NPDES regulation can be designated by the 

permitting authority as part of the large or 

medium municipal separate storm sewer 

system due to the interrelationship between the 

discharges of the designated storm sewer and 

the discharges from municipal separate storm 

sewers. 

Under EPA’s definition of MS& “large” 

MS4s serve populations greater than 250,000, 

and “medium” MS4s serve populations of at 

least 1OO,ooO, but less than 25Om. Population 

is determined by the most recent Decennial 

Census by the Bureau of the Census. A list of 

large and medium municipalities identified in 

the November 16, 1990, rule is contained in 

Exhibit l-l, in which population was based on 

the 1980 Census. After the publication of the 

November 16, 1990, rule, the Bureau of the 

Census released data for 1990, and, as a result, 

some additional munidpalitiea may be 

required to submit applications, while others 

may fall below 100,000. These changes are 

not reflected in Exhibit l-l. 

l-2 
Exhibit l-l: Large and Medium MS4s 

(Based on 1980 Census Data) 

Mumciprlities, Counties, and ohlo cllmruub 

Incorporated Areas With Cleveland 

Populations greater than 25OAXlO C0lumbu.s 

which Must Submit NPDES Toledti 

storm Water Apphcahons oklahoma okhhoma Gty 

T&d 

Shk Enhty Oregon Portland 

Penn!3ylvan& Philadelpb 

Atfhma B-M Pittsburgh 

Phoenix TelUWSSW MCMphlS 

Tucson Nashvdle/Davidson 

Cahfomra Long Beach Texas ALL5hl.i 

Los Angeles Dallas 

Los An&@!3 County ElP&O 

Oakland Fort Worth 

sacrament0 Hams Gxlnty 

sauamento county Houston 

San Rego San Antonlo 

San Diego county Utah Salt Lake County 

San Frarlm Virginia Faufax County 

sMk= Norfolk 

Colorado Del-MS Vuguua Eti 

Delaware New Castle County Washmgton King COunh 

Lhstnd of Columbia SeartIe 

FlOIl& Dade County WlSCOllSill MllWdti~ 

Jadcson4le 

Ml.aLnl Municipalihcr, Counhes, and 

Tampa Incorporated Areas wth 

Ceorgk3 Athtd Populations between 100,000 and 

DeKalb County 250,COO which Must Subnut 

Hawau Honolulu County NPDES Storm Water Apphohonr 

lUlllOIS ChICagO 

Indana ln&anapoh State Enhty 

Kansas Wlchlta 

Kentucky Louisville Alabama HuntsdIe 

Louisiana New Orleans Jefferson County 

Maryland Anne Arundel County Mobrle 

Bdhmorc! county Montgomery 

Balhmore Alaalra AlKhONge 

Montgomery County Arizona Mesa 

Pnnoe George’s County PIma County 

MassachllSettS BoStoIl Tape 

MlChlpll Detroit Arkansas Lttle Rock 

Mlnne!sota Minneapolis California Alameda county 

St Paul Armhelm 

Mssouri Kansas sty Bakersfield 

St. Louis Berkeley 

Nebraska Omaha Concord 

New Jersey Newark Contra Cosh~ Gwnty 

New Memo Albuquerque Fremont 

NH+ York BuUalo Fresno 

Bronx Borough Fullerton 

Brooklyn Borough Garden Grore 

Manhattan Borough Glendale 

Queens Borough Hunhngton Beth 

Staten kland braugh hem County 

North Carolma Charlotte Modesto 

CaWomm. cant orange count) 

Oxnard 

Pasad~a 

Rn mde 

kvernde County 

San Bemar&no 

!Gll Bernardulo county 

Santa ha 

Stockton 

SUNl)W& 

Torrance 

Colorado Aurora 

Colorado Springs 

Lakewood 

Pueblo 

connechcut Bndgeport 

Hartford 

New Haven 

Stamtord 

h’aterbuq 

Flonda Broward Countv 

Exambla Counm 

Fort Laud&& 

Hlleah 

l-hllsborough Count) 

Hollwood 

Orange Countv 

Orland 

Palm Beach Count-v 

PmeUas County 

Polk Gunty 

Sarasota Colultv 

St Petersburg 

Georp Clayton County 

Cobb Countv 

Columbus 

Macon 

R&unond Countv 

SaVaMah 

Idaho Bow Gty 

lUlllOIS Peona 

Rockford 

lncbana Evansville 

Fort Wayne 

==Y 

South Bend 

IOWa cedar RaPId 

Davenport 

Des Moines 

Kansas hanulsas CI~ 

To* 

Kentucky Jefferwn Countv 

Leungton-Fayette 

Louunana Baton Rouge 

Jefter-n Pansh 

Shrew eport 

(<onnnuedj 

l-3 
1ntroduct10n 

Exhibit l-l: Large and Medium MS4s kont) 

(Based on 1980 Census Data) 

Ma9sachusetE 

Mlchlgan 

N&&&S 

NW&id 

New Jersey 

New York 

Spnngfield North Carollna Durham Texas, cont’d corpus ChristI 

Worcester Greensboro Garland 

Ann Arbor m%h -I3 

Rlnt WtnStOn-Salem Lubbock 

Grand Raplds CumbedandCounty Pasadena 

Lansing CM0 Akxon W&X 

UVOIlh Dayton Utah SdtLakeQty 

Sterling Heights Youngstown “hN Alexandria 

warren Oregon Eupe ~b3-G-v 

la&on Multnomah county a=P-l= 

lndepmdence w-e c-v Chesterfield County 

Sprintifield PeNlsylmnla Allentown tiPton 

Llnmln Erie Henrim County 

Clark county Rhode Island providence Newport News 

La9 Vegas southcaroha Columbia Portsmouth 

Rena Greenville County Richmond 

Eluabeth RichlandCmnty Roanoke 

J-Y w TE?IUlesSee Chattanooga WtLShUlgtOll Snohomish County 

Paterson Knoxvine Spokane 

Albany Texas AllliUlllO Race county 

Rochester Arungton Tacoma 

Syracuse Beaumont Wsconsm Madson 

YOnkeR 

Soumz. SS FR 48073, November 16,199O. 

The definition of MS4 excludes those 

conveyances that are designed to discharge 

storm water runoff combmed with municipal 

sanitary sewers C’combined sewer systems”). 

Therefore, municipahhes that own or operate 

combmed sewer systems may petition to have 

their population, based on Bureau of the 

Census figures, reduced by the number of 

people served by the combmed sewer system. 

If the total population served by the separate 

storm sewer system alone is less than lOOjIO0, 

the municipahty may be eligible for an 

exemption from NPDES storm water permit 

requirements. Murucipalihes should contact 

their permlttmg authority for additional 

mformation. Exhibit l-l does not reflect any 

modifications in the application requirements 

for dties with combined sewer systems. 

1.5 SUBMI-ITING THE PART 2 

APPLJCATION 

authonty listed in Etibit 1-2. For 

municipalihes m States with authonzed NPDES 

programs, the pernutting authonty LS the State 

office listed m Exhibit 1-2. Because some of 

these States may have application requirements 

in addlhon to EPA’s, municipal&es in States 

with authorized NPDES programs should 

contact their States for guidance. For 

municipalibes in States Hnthout approved 

NPDES programs, the permitting authority is 

the EPA Regonal Office listed in Exhibit 1-2. 

Municipalities with populations greater 

than 250,000 Oarge MS4s) were to submit their 

Part 2 applications by November 16, 1992. 

Municipalities with populations greater than 

100,000, but less than 250,000 (medium MS4s), 

must submit Part 2 applications by May 17, 

1993. Inquiries regarding Part 2 applications or 

the pennittmg process should be dxected to 

the appropriate permitting authority. 

Completed Part 2 applications should be 

submitted to the appropriate permithng 

l-4 
fntroductron 

Exhibit 1-2: NPDES Storm Water Program Permitting Authorities 

State PermJt Contact 

Auth L 

Alabama Sbk 

EPA 

EPA 

Arkansa9 State 

Cahfomia State 

Colorado State 

conneaicut 

State 

Delaware State 

Aubrey tile 

Water Division 

1751 lkkmson Dr 

Montgomery, AL 36130 

005) 271-7811 

Steve Bubnkk 

U S EPA Region 10 

wD134 

1200 6th Ave 

Seattle, WA 98101 

t-206) 55s8399 

Eugene Bromley 

U S EPA R-on 9 

w-51 

75HawthomeSt 

San Pralldsco. CA 94105 

(415) 744-1906 

Mark Brxlley 

Permlttmg Sechon Chief 

8001 Naoonal Dr. 

PO Box 8913 

httle Rock, AR RZ19-8913 

Archle Matthews 

DIV of Water Qual Control 

Dept. of State Water Res Bd. 

Mad Code C8 

901 P street 

Sauamento, CA 95814 

(916) 657-0525 

Patnaa Nelson 

Dept. of Health 

Water Quahty Control Div 

W?CDPE-B2 

4300 Uwrry Drive South 

Denver, co 80222-1530 

(303) 692-3590 

Permit Coordinator 

Dept of Envir Rolwtion 

Water Management Bureau 

165 Cap~lol Ave. 

Hartford#cr 06106 

(203) 5667167 

Chuck Schadel 

Dept of Natural Resowces 

Surface Water Management 

89KmgsHwy.PO Box1401 

Dover, DE 19903 

(302) 739-5731 

Sblk PerIN Contact 

Auth 

Dlslrid 

of 

Columbia 

Flodda 

Hawali 

Idaho 

lndlana 

EPA 

EPA 

State 

State 

EPA 

State 

state 

Kevin Magerr 

U S EPA Region 3 

3wM53 

641 Chestnut Bldg 

Phhdelptua. PA 19107 

015) 597-1651 

Chns Thomas 

UI EPA Regwm 4 

IWM-Fp 

34SCourdandStNE 

Athta,GA 3U365 

Mw 347-2391 

Allen Hdum 

Munidpal Pennltting Prog 

Ga Env Protechon Dw 

4244 lntematlonal Pkwy 

suite 110 

Atlanta, GA 30354 

WM) 3622680 

Steve chang 

Dept of Health 

Clean Water Branch 

Five Water Front Plaza 

4500 Ala Moana Blvd 

Honolulu, HI 96813 

(808) 586-4309 

Steve Bubnlck 

U S EPA Rvon 10 

wD134 

1200 6th Avenue 

Seattle, WA 98101 

cm) 553-8399 

Sue Epperson 

EPA Water Poll. Control 

Pemuts Swhon #15 

PO Box 19276 

Springfield. IL 627969276 

017) 782-&10 

Cathmne Hess 

Dep” of Env Mgmt 

NPDES Pemub Group 

Room #7l8 

105 S Mendmn St. 

PO Box6015 

lnd~anapob, IN 46206-6Ol5 

017) 232-8704 

(Conhnued) 

l-5 
introductwn 

Exhibit l-2: NPDES Storm Water Program Permitting Authorities (cont.1 

State PeTINt Contact 

AUth 

Louuana 

Mame 

Maryland State 

EPA 

hllch1gan 

St& 

State 

EPA 

EPA 

Stale 

MONC~ Wnuck 

Dept of Nahual Resources 

Wallace State Buldmg 

900 E Grand Stree! 

Des Manes, L4 5U319XJO34 

(515) 281-7017 

Doncarlson 

Dep~ of Health and Env 

Bureau d Water 

IndaMun.Rogr.Sealon 

Forbes Field, Burlding 740 

TopekKS 66620 

(913) 2965555 

Douglas Augeier 

Dept.dEnv Protedion 

water DIMon 

I4 my Road 

Frankfort, KY 40601 

602) 5644410 

Brent Larsen 

U S EPA Regon 6 

6W-PM 

1455 Ross Ave 

Dallas, TX 75202 

12 14~6.557175 

Shelley Pulea 

U S EPA Repon 1 

JFK Buldmg,‘WCP 

Bo5ton, hiA 02203 

(617) 5653525 

Bnan awag= 

MD Dep” of Rivuonment 

Sed.&StormWaberAdmin 

25OOB -g Hwy 

Baltunore, MD 21224 

(410) 631-3545 

Shelley Puleo 

US EPARe@on 1 

WCP 

JFK Buldmg 

Boston, hlA cr2203 

(617) -3525 

Gary EloeEen 

Drpt of Natural Resources 

surf Wh Qual Rv-PennIts 

PO Box 3W28 

La~-~smg Ml 48909 

(513 333952 

State Pemu Con LaccI 

Auth. 

hesoe 

Montana 

Nebraska 

Nevada 

New 

New 

J-Y 

State 

State 

State 

State 

EPA 

Scott Thompson 

Polluhon Contiol Agency 

520 Lafayette Rd 

St. Paul, hfN 551553898 

(612) 2%7203 

Lous Lavalee 

DepLdEJlV @WY 

Of&e of PoUubon Control 

Ind Wastewater Branch 

PO Box lm85 

Ja&on, MS 33239-0385 

(601) 961-5074 

Karl Fett 

Dept. of Natural Resources 

Water Poll conlzol Program 

205 Jefferson St 

PO Box176 

Jefferson City, MO 65102 

014,5262928 

Fred Shewman 

Water Quabty Bureau 

Cogswell Bukimg 

Helena, MT 5%20 

blw 4442406 

Clark SO-II&~ 

Envuomentd Quahty 

P 0 Box 98922 

Lu~~ln. NE 68509 

(402) 471-4239 

Rob Saunders 

Consem & Natural Res 

Enmronmental Protmon 

333W NyeLane 

CarsonGty, NV 89710 

(702) 687-5870 

Shelley Puleo 

US EPARegonl 

FLuMIng 

Boston#MA 02203 

1617) 5653525 

Barry Chaldsky 

NJ DEf’E 

Cfhce of Regulatory Pokey 

cN423 

Trenton, NJ 08625-0423 

wm 63&7021 

(Continued) 

1-6 
Exhibit 1-2: NPDES Storm Water Program Permitting Authorities (cont.) 

State Pumlt Contait 

Auth 

New 

hlenso 

EPA 

New York State 

North 

Carolma 

Stab? 

North 

DJota 

State 

Ohlo Stale 

Oklahoma EPA 

Oregljn Stat? 

Brent Larsen 

U S EPA Repon 4 

6W- PM 

1445 Ross Ave 

Dabs, TX 75202 

(214) 65wl75 

Ken Stevens 

Wastewater Facihttes Design 

NY State Dept. of Env Cons 

5OWOlfROd 

Albany,lw 12233 

(518) 457-1157 

coueen sulllns 

Eml.ronmental Manapent 

Water P-5 dr Eng 

P 0 Box 29535 

Ralagh, NC 27626-0535 

(919) 7r3Mo83 

Sheha McUenathan 

Dept of HeaM 

LVater Quality Dw 

1200 h&.soun Ave 

P 0 Box 55X’ 

Bsmarck ND 5%X-S520 

(701) 221-5210 

John hlomson 

OEPA 

Water Pollution Control 

lRO0 Watermark 

PO Box 1049 

Columbus, OH 43266 

(614) 64-l-2017 

Brent Larsen 

US EPA Regon 6 

6W-PM 

1445 Ross Avenue 

Dallas, TX 75202 

(214) 6!Gl75 

Ted Wtiamson 

Dscharge Permks Dwhon 

Oklahoma Dept of Health 

lOOONE 10th 

Oklahoma Crty, OK 73117 

Rmti t-iomura 

DEQ-Water QuaMy 

RI 1 SLY 6th Ave 

PortJand. OR 97204 

(5021 ‘V -- 5’56 & 

State PWI-Ul Contact 

AUth 

Pennsyl- state 

vania 

Rhode 

Island 

south 

Carolma 

SOUth 

Dakota 

Texas 

Utah 

EPA 

State 

EPA 

State 

EPA 

RB Patel 

Envuonmental Resouwzs 

Water Qualq hfanagaent 

P 0 Boa 2063 

Harrisburg. PA 17120 

C7l7) 787.8184 

Jose Rwera 

US EPA Regron 2 

Wh Penruts C CompL Br 

26 Federal Plaza, Room 845 

New York, NY 10278 

(212) 2w2911 

Peter Duhamel 

Dwmon of Water Resources 

291 Promenade St 

Rowdence, RI 02903 

MOI) 27%6519 

Alturo ovalles 

DHEC 

ldustry and Agnc-ulhue 

Wastewater Di\won 

2&IO Bull St 

Columbia. SC 23201 

(803) %-5X1 

Vem &r~y 

U S EPA Repon 8 

R-Whl-C 

suite 503 

999 18tb St 

Denver, co Ram 2466 

1303) 29% 1630 

Robert Haley 

Dept of Env Wh Poll Ctrl 

401 Churdl St 

6th Floor 

L dr C Annex 

NashwIle, TN 37243-1534 

(615) 532 0625 

Brent Larsen 

US EPA Regon 6 

6W-Phf 

1445 Ross Ave. 

Dallas. TX 37X%1534 

Harry Campbell 

DIV of Water Qual 

PO Boa144870 

Salt Lake tty, LIT 84114-4870 

1601 I535614~~ 

(ConHnued) 

l-7 
Introducf ran 

Exhibit 1-2: NPDES Storm Water Program Permitting Authorities (cont.) 

State Permrt Contact 

Aulh 

Vermont State Brm Kooker 

Env conaerv PellIIltS 

Csmphance 61 Rotecaon 

103s hblnst. 

Annex Buildmg 

waterblRy, v-r a567lam5 

MX!) 244-5674 

WP 

ls.lands 

State Marc Paafico 

De@ofPlannmg&Nat 

RDlv of Env Protection 

1118 Watergut Propa 

Box 1118 

chnshallsted 

St. GOLX, VI 0082@5065 

~809) 773-o% 

Vuguua State Burton Tuford 

VA Water Control Board 

4900 Cox Road 

Glen Allen, VA 23CH 

P304) 527-5OCQ 

State Penrut Contact 

Al&h 

state 

stak 

state 

state 

Ed O’Bnen 

Dept. of Ecology 

lndustnal Storm Water Urut 

Water QuaMy DIV 

P 0. Box 47496 

Olympia. WA 985047696 

(206) 4387614 

Jerry bY 

Office of Water Resources 

12ol Greeslbliar St 

Weston, WV 25311 1068 

c304 s8-am 

Anne Manuel 

DeptOfNatUEilRWsstewatex Management 

P.0 Box 7921 

Madison.Wl53707 

WR) 267-7694 

John Wagner 

Dept of Envu QuaMy 

Herschler Buldmg 

4th Floor 

Cheyenne, WY 82002 

(3w) m-n182 

Source I’d of Regmnal and State olhces 

1-8 
1.6 USE OF INFORMATION IN PART 1 

AND PART 2 APPLICATIONS 

The mformahon submitted in the Part I 

and Part 2 permit applications provrdes 

applicants wth a startmg point for developing 

comprehenslve storm water management 

programs. For example, the field screening 

data submItted with the Part 1 application 

provides a basrs for a program to control rlkit 

discharges. Also, the application information 

may assist m pnonhzing controls and in longterm trackmg of program effectiveness. 

Penrutting authorihes will use the 

mforrnahon from each muniapality’s Part 1 

and 2 apphcahons as the basis for establishing 

conditions in that municipah~s NPDES storm 

water pernut. For example, if a mumdpality 

submits a sahsfactory apphcation, all or part of 

16 proposed storm water management program 

IS likely to become an integral part of Its 

peUTUt 

1.7 ORGANIZATION OF THIS MANUAL 

Chapter 1, Introducf~on, provides a brief 

OvervIew of the Part 2 permit application 

process It discusses who must submrt a Part 

2 appkation and how the mformauon in the 

apphcahons will be used It z&o contains a 

summary of the statutory and regulatory basis 

for the NPDES storm water program. 

Chapter 2, The Part 2 Apphxtion, describes 

the statutory and regulatory requirements of 

mumclpal NPDES storm water permit 

apphcatlons m more detail. Chapter 2 outlmes 

the specific requirements of the Part 1 and Part 

2 applications, explams how Part 2 builds on 

the Part 1 apphcation, and describes the 

interconnechon among the various components 

ot the Part 2 apphcahon. 

Chapter 3, Adequate Legal Authordy, 

describes how murucipalities must demonstrate 

that they have adequate legal authority to carry 

out the program requirements [§122.26(d)(2)(l)] 

Chapter 4, Source I&~~Irficatlon, provides 

guidance on identlfylng malor outfalls and 

mventor)lng drschargers to the hlS4 15122 2613) 

e)(ll)l 

Chapter 5, Disch.ur~e C~ruc~erzuatron, 

provrdes guidance for subnuttmg quanbtahve 

data on the MS4 and developmg a proposed 

monitonng program (5122 26(d)(2)(iu)]. 

Chapter 6, Proposed Mtmagernenf Program, 

describes the steps mumcipalrues must take 

when they develop site-speafic storm water 

management programs 1§12226(d)(2)(iv)]. 

These plans are’ the heart of the muruclpal 

permu apphcahon, and the permkting 

authority will probably incorporate all or part 

of the munkipalit)zs proposed management 

program into their NPDES storm water permit. 

In their proposed management programs, 

mumcipahhes must dexnbe management 

prachces, control techruques and systems, 

design and engineering methods, and other 

provisions that are amed at reducing the 

discharge of pollutants to the “maximum extent 

prachcable ” 

Chapter 7, Assessment of Controls, explains 

how a mumcipahty can assess the effectiveness 

of its storm water management program and 

target priorities through the use of chrect and 

indirect measures (5122 26(d)(2)(v)] 

Chapter 8, Fiscal Anulys~s, provides 

gurdance on estimating necessary capital and 

operation and maintenance expenditures, and 

financing theseexpenditures I§122 26(d)(2W)l. 

1.8 OTHER GUTDANCE AVAILABLE 

Municlpalihes should use this guidance 

document together with the Part 1 guidance 

(EPA, 1991b). Exhibit 1-3 hsts other sources of 

guidance available from EPA’s Storm Water 

Hotline 1(703) 82148231 In addition, 

applicants may wsh to obtain further 

information from the documents rdenhfred tn 

the blbhography at the end of ths gtudartce 

(Appendix A). 

l-9 
Exhibit 1-3 

Documents Available from the EPA Storm Water Hothe* 

[ (703) 821-4823 1 

November 16,1990, Federal Regster - 55 F’R 47990 National Pollutant Discharge Ehminabon 

System (NPDES) Perrnlt Apphcation Requirements for Storm Water Discharges - Fmal Rule 

March 21,1991, Federal Register - 56 FR 12098 Apphcabon Deadline for Group Appbcations 

Fmal Rule; Apphcahon Deadline for Individual Apphcations - Proposed Rule 

August 16, 1991, Federal Register - 56 FR 40948 NPDES General Permits and Reporting 

Reqmrements for Storm Water Discharges Associated wth Industrial A&wit-y - Proposed Rule 

November 5, 1991, Federal Register - 56 FR 50548 Applrcation Deadlmes, Fmal Rule and 

Proposed Rule 

Apnl 2, 1992, Federal Register - 57 FR 11394 Application Deadlmes, General Perrmt 

Reqwrements and Reportmg Requirements, Final Rule 

Summary of November 16,1990, Storm Water Appkation Rule 

Summary of August 16, 1991, Proposed Storm Water Implementation Rule 

August 16, 1991, Proposed Storm Water Implementation Rule Package Fact Sheet 

Apnl 2, 1992, Storm Water Program Rule Fact Sheet 

Guidance Manual for the Preparahon of NPDES Permit Applications for Storm Water 

Discharges Associated wth Industnal Act~wty (EPA 505/8-914X)2, Apnl 1991) 

Gwdance Manual for the Preparation of Part 1 of the NPDES Permit Apphcabons for 

Discharges From Munxlpal Separate Storm Water Systems (EPA 505/B-91-003A, April 1991) 

Typical Values of Annual Storm Events Stahstics for Rain Zones of the United States (“Urban 

Targeting and BMP Selection”, EPA Region V, November 1990) 

List of EPCRA (SARA Title IID Sechon 313 Water Prionty Chemicals (Draft) 

List of State and EPA Regional Storm Water Contacts 

State NPDES Program Status 

Queshon and Answer Document 

Ll;t of Reportable Quanhties for Hazardous Substances Under CERCLA 

NPDES Storm Water Samphng Guidance Document (EPA 833-B-92-001, July 1992) 

Kontulued) 

l-10 
Exhibit l-3 

Documents Available from the Storm Water Hotline (con0 

September 9, 1992, Federal Regster - 57 FR 41176 Final NPDES General Permits for Storm 

Water Dlstiarges from Construction Sites - Nohce 

September 9, 1992, Federal Repster - 57 FR 41736 Fmal NPDES General Pernuts for Stoti 

Water Discharges Associated wth Industrial Achwty - Nohce 

September 9, 1992 Federal Regster - 57 FR 41344 National Pollutant Dtiarge Elunmation 

System, Request for Comment on Alternative Approaches for Phase II Storm Water Program - 

Proposed Rule 

l The followtng documents are available from the National Technxal Inform&on Senwe (NTIS) (1) Shm W~krhf~rnugement 

for hfushd .4cfrtvhcs, Dewloprng Pduhon Prcucnhon Phn, and Best hfmgmcnl hitrces EPA 832-R-924136, September 1992). 

(2) S~OPTII UhIpr MIIIN~TWI~ for COILS~MIO~ Ac~M~s, Dalqlng PO!~U~IOII RamtIm P!JIIS and Bd hh~p~tnt P~~ICZS (EPA 

832-R-92405, September 1992) 

l-11 
CHAPTER 2 

THE PART 2 APPLICATION 
2.0 THE PART 2 APPLICATION 

2.1 BACKGROUND 

The NPDES permit application requirements for MS4s [40 CFR 122.26(d)] establish a 

two-part application designed to meet the goat 

of developing comprehensive site-specific storm 

water quality management programs for MS4s. 

The purpose of the two-part application 

process is to develop information, in a 

reasonable time frame, that will build 

successful storm water management programs 

and allow permitting authorities to make 

informed decisions about permit conditions. 

The application process is designed to focus the 

efforts of municipalities in two areas 

prohibiting non-storm water discharges into 

storm sewers, and implementing controls that 

reduce the discharge of pollutants from MS4s 

to the maximum extent practicable. 

Part 1 of the application requires information on existing programs and legal authority. 

In addition, Part 1 requires the results from 

held screening of major outfalls to detect illicit 

connections. The Part 2 application 

requirements are Intended to build upon the 

information submitted with the Part 1 

application Each part has virtually the same 

major areas of concern, but the Part 2 

application requires a greater level of detail. 

Part 2 of the permit application requires a 

demonstration of adequate legal authority, 

additional information on pollutant sources and 

outfalls, a limited amount of representative 

quantitative sampling data, a proposed 

monitoring program, a proposed storm water 

management program, an estimate of the 

effectiveness of storm water controls, and a 

fiscal analysis. The requirements for the Part 1 

and Part 2 applications are summarized briefly 

in Exhibit 2-1, and described in more detail in 

Section 2.2 The storm water regulations 

underlying this guidance can be found in 

Appendix B 

Before applicants proceed with the detailed 

development of their permit applications; they 

should recognize the fundamental 

requirements: 

Who or what are the primary 

contributors of pollutants in storm 

water discharges from MS4s? 

Where are these sources of pollutants 

located in relation to receiving water 

resources? 

What is the magnitude of these 

pollutant sources and their potential 

impact on receiving waters? 

How does the municipality plan to 

reduce or eliminate the contribution of 

pollutants in storm water discharges or 

prevent the damaging influences of 

these discharges? 

Why did the municipality select the 

activities or best management practices 

(BMPs) it proposes? 

When will the municipality implement 

its proposed program? 

How will the applicant assess the 

effectiveness of the program? What 

criteria or measures will apply? 

How will the municipality fund 

proposed program activities? 

Wherever appropriate, the applicant must 

also show that it has adequate legal authority 

to Implement, enforce, or mandate compliance 

with applicable ordinances, statutes, contracts, 

or other smaller vehicles as required by the 

storm water regulation. 

2-1 
Exhibit 2-1: Part 1 and Part 2 Storm Water Application Requirements. 

Adequate Legal Authority 

- Determlnegapshlegdaulhcvllymd 

develq.bschedlJle 

Art2 

- DomonstratethBtlmgBluthornyha 

bomlobtalnedtoconmlhdtmehl 

dlrchargcm, HIkIt dbcbg-, 

dumping,mtdihocadrbthd 

pllubntm lrom awppbmntr 

r 

1 

Source Identification 

Ml 

. ~historlcdusedleg8lmlrols 

- ldentltynw@roumBandlndusolal 

ambi~tomeMs4 

. Pruddebpographkma~~ 

m2 

l ldmutyeddltloMlmr)oroutMlr 

- ldmtlly ddltlond lnduatrleo. 

l -I ndustrbl Inwntory by 

WMShUt. 

Chmctization Data 

Assessment of Controls 

m2 

l mhutm l pmcted reductkn In 

phtmnt tomdlngr 

-bacdbm~yknownbn~olm~ 

watu controlm on ground w&r. 

2-2 
The Part 2 ,4ppf~t1on 

These quesbons (described above) that an 

applicant must address follow a nabral 

progression or development. For example, 

before applicants can identify how they WU 

reduce the contnbuhon of pollutants rn storm 

water discharges (the fourth bullet pomt 

above), they must idenhfy pollutant sources 

and estimate the magmtude of pollutant loads 

(bullet points l-3 above). 

2.2 PART 1 APPLICATIONS 

Sections 2.2.1 and 2 2 2 provide overviews 

of the regulatory requn-ements of 512226(d). 

Section 2 2 3 describes the relationshp among 

the various application provisions. 

2.2.1 Overview of the Part 1 Application 

Part 1 applications consist of the followmg 

six elements 

l General information. The applicant’s 

name, address, telephone number of 

contact person, ownerslup status and 

status as a State or local government 

enht) 

l Legal authority. A description of 

exlshng legal authonty to control 

discharges to the MS4, and if this 

authonty does not meet the required 

criteria, a list of additional authonty 

needed and a schedule and commitment to seek such authority. 

l Source identification. A description of 

the tistonc use of ordinances, 

gludance, or other controls that hmit 

non-storm water discharges to any 

publrcly owned treatment works 

W’OTW), and a topograptuc map 

covermg an area one mile beyond the 

service boundanes of the MS4 showmg: 

- the location of known muruclpal 

sewer system outfalls; 

- a descnption of all land use 

achvlhes; 

- the Iocahon and activltres of 

landhlls; 

- the location and pernut number of 

any known discharge to the MS4; 

- the locabon of major structural 

controls for storm water discharges 

(such as retention basms, or malor 

infiltration devices); and 

- identification of publicly owned 

parks, recreational areas, and other 

open lands. 

l Discharge characterization. A 

summary of the types and characterishcs of storm water discharges, 

includmg. 

- monthly mean rain and snowfall 

eshmates and the average number 

of storm events per month; 

- exishng quantitative data describ 

mg the volume and quality of 

discharges from the MS4, mcludmg 

a description of the outfalls and 

samphng methods used; 

- a list of “downstream” water bodies 

receiving discharge from the MS4, 

and a description of the impact of 

outfall upon them; 

- the resdts of field screening 

anaiysis for Illicit discharges at 

either selected field screening 

points or major outfalls covered in 

the permit application; and 

- a proposed characterization plan 

for conduchng sampling and 

obtaitung the quanhtabve data 

necessary to complete Part 2 of the 

apphcahon. 

2-3 
The Part 2 Avvlmtron 

l Management programs. A descnphon 

of etishng management programs to 

control pollutants from the mumcrpal 

separate storm sewer system. For 

example, what procedures are m place 

to control poihrhon from consh-uchon 

achvrhes, and how do they work? 

What IS the program (such as 

investigahon procedures and how they 

operate) for identifyrng illicit 

COMechOns to the mtiapal Storm 

sewer system? 

l Fiscal resources A presentation of the 

murucipality’s budget for exlsting storm 

water programs and for completing 

Part 2 of the per-nut apphcation. 

2.2.2 Overview of the Part 2 Application 

The Part 2 apphcation must include the 

following elements: 

l Adequate legal authority. A 

demonstration that the municipairty can 

operate according to the legal authority 

established by ordinance, statute, or 

senes of contracts. The muruapality 

also must demonstrate that its autbonty 

IS enforceable. A discussion of how 

adequate legal autbonty may be 

demonstrated appears in Chapter 3 of 

thrs guidance. 

l Source identification. An inventory, 

orgamzed by watershed, of the facilities 

that may discharge storm water 

associated with mdustrial activity to the 

MS4. The applicant also must identify 

the location of any major outfall that 

discharges to waters of the United 

States that was not reported in Part 1. 

A dIscussron of the information to be 

submitted for each such faahty m the 

mventory appears in Chapter 4 of this 

gurdance. 

l Characterization data. Sampling 

results for 5-10 outfalls desrgnated by 

the permrthng authority, eshmates of 

cumulahve annual pollutant loadings 

and event mean concentrahons, and a 

proposed schedule to submit eshmates 

of seasonal pollutant loadmgs and 

event mean concentrations for each 

malor outfall ldenhhed in the source 

idenhfication sections of Part 1 and 2. 

The Charaderizutwn Dufu provrsion of 

the Part 2 appircahon also requires the 

development of an on-going monitonng 

program covering the term of the 

permit. Procedures for meeting the 

requirements of this section appear in 

Chapter 5. 

l Proposed management program. A 

program that shows the municipality’s 

comprehensive planning process for the 

reduction and control of pollutants, the 

staff and equrpment avarlable to 

Implement the program, and a full 

description of how conbols wril be 

implemented to reduce pollutants from 

all sources of storm water. kIun~apallties must also describe how the 

program wrli be rmplemented and 

mamtamed. The Part 2 requuements 

for a proposed management program 

are described m Chapter 6. 

l Assessment of control& An eshmate 

of the protected effectiveness of the 

municipal storm water management 

program, and an rdentificahon of the 

known impacts of storm water controls 

on ground water. The assessment of 

controls is discussed in Chapter 7. 

l Fiscal analysis. A fiscal analysis of the 

capital and operation and maintenance 

expenditures needed to accomplish the 

activities (including impiementahon) 

required by the charactenzation data 

and proposed management program 

sechons of the Part 2 apphcahon. Thus 

fiscal analysrs must include projected 

expenses for each fiscal year of the 

permit term. A drscussron of the fiscal 

analysis is included m Chapter 8. 

24 
7-k Purl 2 Applrcation 

2.23 Relationship Among Application 

Requirements 

The required elements of the Part 2 

apphcation are related to each other. As a 

result, this guidance addresses how the 

applicahon elements are related, and how 

information gathered for one requirement will 

assist the applicant in meeting Other 

requirements. For example, the information 

gathered for the lndusrtil Source ldent@utin 

provision of the Part 2 application w111 assist 

the municipality in. 

l Targeting monitonng goals to potential 

pollutant sources, which may include 

selecting morutonng locations and chemical 

specific sampling frequencies (a 

requirement of the Characterization Duta 

provision); 

l Idenhfymg illlclt discharges (a requirement 

of the Proposed Management Program’s ilhcit 

connection proviaon); 

l ldenbfllng faahbes ~th the greatest 

potenbal for degradmg receiving water 

quality (a requirement of the Proposed 

Management Program’s industrial program 

provision), and 

l Targehng sites that handle, store, or 

transport toxic or hazardous mate&s for 

on-s1 te inspechons (another requirement of 

the Proposed Management Program’s 

mdustrlal program provislon). 

As another example, the information that 

the applicant must prepare for the Chractniutwn Data provislon (e.g., the results of the 

sampling requirement and the eshmated event 

mean concentrahons and annual pollutant 

loads) may help the muruapality: 

Evaluate the contnbution of pollutants 

m storm water discharges from 

individual sources and determine 

whch sources may require inspections 

or controls (a requirement of the 

Proposed Management Program’s 

Industrial program provision); 

Predict the impact of storm water 

discharges on receiving waters known 

to be impacted. (In the Proposed 

Management Progrnm, additional 

controls may be warranted for 

construchon sites or other industrial 

achvities that discharge to these 

waters); and 

Determme what BMPs may be 

appropnate for gven areas (another 

requirement of the Proposed Managemenf 

Prog7am) 

Exhibit 2-2 summarizes some of these key 

interrelahonships, although many other interrelahonskps exist. A more detailed discusslon 

of specifx mformahon requirements and interrelahonshrps among provlslons is provided m 

subsequent chapters As municipahhes prepare 

their permit apphcahons, they should 

coordinate all program requirements. 

2-5 
Exhibit 2-2 

Examples of Relationship Among Part 2 Requirements 

water management 

ers costs of controls, 

marntenance, and 

capital unprovements 

Management program 

may include feaslbtity 

gomg momtormg 

Indicates success of 

On-gomg momtonng FIxal analysis consIdProgram -es P’D- et-8 cost of on-gomg 

gram effecttveneB3. 

lnstreiun monitonng 

verifies biological IP 

IdetWication faclllhes for inons and control 

sources of storm water 

me sources or outfalls may be outside a 

oty’s junsdltion. 

Intetjunsdlchonal 

agreements may be 

necessary. 

quired for 5ome fimformatlon for mdus- control and mspeci hon authonty where nancmg plans, such as 

tnes and dischargers Industry, and prohibit it IS necessary to in- a storm water uhlity 

outslde of the MS4’s dumprng and Ilhat spxt, morutor, and 

jundichon at sampling discharge enter the faahty or 

points the site 

2-6 
The ParI 2 .-lpplrutmn 

2.3 ADDITIONAL FACTORS TO BE 

CONSIDERED LN DEVELOPING THE 

PART 2 APPLICATION 

As drscussed rn the previous section, the 

vanous provrsrons of the Part 2 applrcabon 

process are mterconnected 

All murucipalihes covered by 512226(d) 

must submit a Part 2 permit apphcation that 

meets the requirements of the storm water 

per-ml t apphcahon regulahons. However, each 

MS4 is unique, and each Part 2 submission will 

be different. Mumclpal separate storm sewer 

systems differ m many ways, mdudmg 

popula hon sened, geologrc and clunatologrc 

settmgs, density of development, and form of 

government These underlying factors make 

each apphcant unrque 

The major factors that applicants should 

consrder are 

l Population and projected growth rate; 

. Zonmg and exrsbng land use patterns; 

l Nature of watershed and recervmg 

waters; 

l Chmahc condihons, soil types, and 

watershed dehneahons, 

l Exishng muruclpal functions and 

munrcrpal lands, 

l Other envn-onmental impacts; 

l Pubhc mvolvement; and 

l Intergovernmental coordination. 

In addrhon, munrcipalrhes must unplement 

therr storm water management programs m a 

manner that IS consistent with other applicable 

Federal, State, and local envrronmental laws. 

Population and Prolected Growth Rates 

Some storm water Bhll’s are more 

appropriate for densely- developed areas, while 

other methods may be more useful in 

developing areas Consequently, detinmg 

current populabon densrues and projecting 

future areas of population growth provides the 

basic inforrnahon that can assist in the 

evahrabon and prronbzahon of appropnate 

storm water control strategies 

Zorung and Eklshnf Land Use Patterns 

Through ordinances, perrmls, or contracts, 

mumcipalihes may mandate storm water 

controls for new resrdenhd, commerad, or 

industrial developments m order to improve or 

assure mamtenance of the quality of receivmg 

waters at or near pre-development levels. The 

Nahonwrde Urban Runoff Program fNURl3 

study (EPA, 1953). pomted out that some of the 

best opportunrbes for implemenbng cost 

effective measures to prevent or reduce 

pollutants irr storm water occur during new 

development. These measures may mclude 

structural controls, such as storm water 

detenhon basrns or constructed storm water 

wetlands, or nonstructural alternahves such as 

cluster development and buffer zones Sections 

122.26fd)fl )(nr)CB!(2) and 122 26(d)(2)(u) require 

the murucrpalrty to establish comprehensive 

management plans for new development (see 

Chapter 6) 

Nature of Watershed and Recervmp: Waters 

The types of storm water controls 

appropriate for a MS4 depend on the nature of 

the watershed and the receivmg waters. ‘llus 

mcludes geologic and hydrologic features such 

as slope dramagepatterns and stream sue For 

example, roadsrde swales may not be prachcal 

m areas wrth steep terrain, but can be ver) 

useful in flat areas In addthon, structural 

BMPs or other management measures that 

control the volume and hming of release are 

appropriate where uncontrolled storm water 

may cause physrcal Impacts to recer\lng waters 

(especially small streams, nvers, and wetlands). 

2-7 
The Part 2 Apphatron 

lnformahon on the watershed and the 

recelvmg waters IS req~red In the Part 1 

pernut apphcahon IS122 26(d)tl)(lvK)I. In 

Part 1, apphcants are required to list water 

bodies that receive dmharges from the MS4. 

The list of water bodies mcludes downstream 

segments, lakes, and estuaries where pollutants 

from the system drscharges may accumulate 

and result in non-attainment of State water 

qualrty standards Part 1 also requks a 

description of known water quality impacts. 

Applicants must include a dlscussron of water 

bodies that were cited in: 

l State reports reqmred by CWA Sechons 

305(b), 304(l), and 314(a); 

l The State Nonpomt Source Report; and 

l Other reports rdenhfymg sensihve 

watersheds 

Part 1 applicants should also mclude III this 

discussion a descnphon of impacts caused by 

dissolved oxygen depression, broaccumulation 

of towcs, excessive sedimentahon, hydrologc 

modrfrcatron, habrtat destruchon, etc. 

Muruclpalrbes are expected to grve pnority 

consideration to those classes of pollutant 

sources that contribute slgmfrcant loadings or 

pose a sigruficant impact on receiving waters. 

Applicants must consrder control methods that 

address storm water discharges from 

commeraal and resrdenual areas; illicit 

discharges and rllegal disposal, storm water 

discharges from mdustnal areas; and storm 

water runoff from construction sites. 

Murucipahhes permits wrll dtifer substanhally 

n-t the emphasis placed on controlling various 

sources of pollutants m discharges from the 

MS?. Permits for older mumcipahhes may 

emphasize control of cross-connechons, wlule 

permits for munrclpalrtres with large areas of 

new development may emphasize the 

installation of permanent structural controls 

during construchon 

The Part 2 storm water permit appkahon 

requires dexnphans of management programs 

to address sources of pollutants discharged to 

separate storm sewer systems. For 

management stra teges to be effechve, 

muniapalihes must grve pnor consideration to 

the nature (e g., physical and biological 

parameters) and the designated uses of 

receiving waters such as streams, tnbutaries, 

and natural wetlands For example, a storm 

water management program for a newly 

developing area with an exlstmg shallow, slowmoving stream could include provisions to 

ensure that the post-development peak 

discharge flow rate for the stream is held to a 

certain percentage of its hrstoncal or predevelopment peak discharge flow rate 

Climatic Condrbons, So11 Tows, and 

Watershed Delineahons 

Seasonal vanahons m precipitation can 

have a signihcant Impact on storm water 

quality For example, extended dry seasons In 

areas such as the southwestern Umted States 

result m pollutant loads drshnctly tugher than 

in other parts of the country during the first 

several storms of the wet season. Areas wrth 

more frequent ram and snowfall throughout 

the year may have more storm water 

discharges, but the discharges may have 

consistently lower pollutant concentrahons than 

those in the Southwest. In addlhon, areas with 

srgnihcant snowfall may expenence a peak m 

storm water discharge volume and pollutant 

concentrahon durmg the spnng thaw. 

Natural so11 condrhons affect the potential 

for storm water to recharge ground water. 

Porosity and permeability are properties of the 

soil that govern the sue and number of the 

intershtial spaces through which water may 

flow. Compachon (e-g, compression of the soil 

by heavy mactunery) will reduce the amount of 

void space in the sorl and thereby reduce the 

amount of ratnfall that mfrltrates through the 

soil to ground water. Natural sot1 conditions 

are very Important when sltmg structures 

designed for storm water mhltration. In 

addrhon, rdenhf>lng such sites must take into 

consrderahon potenhal ground water impacts 

2-a 
The Purl 2 Applmaafron 

that may result whenever lnhltrahon IS part of 

the storm water management program 

Existing Municl~al Functrons and 

Murucioal Lands 

The Part 2 apphcahon affords munlcIpalities the opportunity to discuss alternatives 

In the Propczsed Storm Water Mnnagemerrt 

Progrum. When considering the wide range of 

municipal funcbons, applicants need to 

establish whch agencies wrll be responsible for 

implementing each portron of a storm water 

management program. (This could be outhned 

in the Adequafe Lpsal Authordy chapter of the 

Part 2 applicabon, as discussed in Chapter 3 of 

this guidance.) Many of these agencies, will 

have primary mrssions other than dealmg with 

storm water or water quahty. Expansion of the 

established charter of an agency to include an 

element of storm water control may require 

legislative action, moderately expandmg the 

scope of other mumapal agenaes’ mrssrons to 

include storm water concerns can be much 

more cost effective than the uutiahon of 

enhrely new programs. 

Applicants should identify existing 

munrapal funcbons that Impact the quahty of 

storm water discharges. These functions may 

includesnow removal activities such as road 

dercmg, vehcle maintenance operahons, and 

herbicide, pesticide, and ferhllrer apphcahon to 

public lands. Mumapalities can modify these 

activities to improve storm water quabty 

through oversrght of future land development, 

modifications to flood management structures, 

changes in materials used or in material 

handling or apphcauon practices, mamtenance 

of roads, and mstallahon of structures such as 

retention basms 

The muniapal agency (or agencies) 

responsible for storm water runoff control 

should also consrder the extent to which 

murucipal lands and ach\rlhes contribute 

pollutants to runoff. The same BMPs 

recommended for private lands may also be 

incorporated into the development and 

mamtenance of a muruapahty’s own lands and 

achvitzs. For example, reduced use of 

peshades and ferbhzers on park land and open 

spaces usually decreases the contribution of 

these contammants to storm water runoff. 

implementing BMPs on municipal lands also 

shows the murucipalitys comnutment to an 

effwbve storm water management program 

BMPs are discussed in greater detail m Section 

6.4 of tlus guidance. 

Other Environmental Impacts 

Mumcipalrhes should consider those 

activities that can directly or mdmxtly alter the 

natural hydrograph of a stream and potenhally 

degrade an otherwise stable aquahc habitat. 

These factors are particularly important when 

considering impacts to wetlands, npanan areas, 

ground water, small rivers, and streams. In 

addition, the installahon of detenhon or rapid 

infiltration ponds may have negahve Impacts 

on ground water. The lnstallahon of culverts 

or concrete drainage channels and other such 

structures typically increases the volume and 

veloaty of runoff, which can lead to increased 

eroslon, slltahon, and sedlmentahon rn 

recei vlng waters. Therefore, mstallahon of 

these structures can contribute to the 

degradahon of a nerghbonng habitat. 

Public Involvement 

MuruclpaI applicants must ensure that they 

provide adequate pubhc educahon and ample 

opportunities for public parhapahon. Public 

partiapation should focus on spreadmg 

awareness of program oblechves and 

components. Education and publrc mvolvement programs must be defined as part of the 

Proposed Sform WaM Munagemenf Program 

l§122.26(d)(2)(lv)l. Generally, the public should 

be involved as early as possible in storm water 

management iruhahves. 

Conflrct and confusion can be mlrumlzed if 

the program includes a schedule for nuhaI 

public contact and mkstones for public 

involvement throughout the development and 

implementation phases. Pubhc educahon 

programs are expected to target specrfic 

2-9 
audiences, mcluding those regulated or affected 

by the storm water management program (e-g, 

developers, buildmg contractors, and mdustnal 

operators) and those that can assist with 

program lmplementahon (e g., volunteers and 

cltlzens). For example, one large muruclpal 

applicant (Seattle) described an exishng public 

parhapahon program in its Part 1 Application 

submission. Elements of this program may be 

mstruchve to mumclpalities completing Part 2 

of the appbcation because it has generic 

components that are hkely to be applicable to 

other large (and perhaps medium) 

muniapalihes. Excerpts from Seattle’s public 

mvolvement program are provided in Etibtt 

2-3 for reference. 

Elemenk of thus municipahty’s program 

that are parhcularly important to consider 

Include of the role of an advisory and outreach 

group and its relahonship to the entire process. 

Etfechve public parhcipahon programs clearly 

ldenhfy the role of the public 

The potenhal exists for a considerable range 

In the level of parhapahon the public may 

actually have m the decls!on-making process. 

Generally, the muruclpal authonty is gomg to 

make the deaslons. However, the authority 

can choose to use the “parhapation” process to 

simply inform the pubhc of decisions, or to 

allow the \qews of the public to be regstered 

prior to deaslon milestones In other cases, 

although uncommon, the pubhc may have an 

actual voice or vote m makmg de&ions. 

The hming and frequency of meetmgs and 

the durahon of the groups estabhshed for 

public participation will usually be dictated by 

the nature of the tssues being addressed For 

example, an ad hoc group estabhshed to 

address a single issue may discover that the 

Issue cannot be effechvely addressed wthout 

conclderahon of a broader range of Issues that 

the mumcipallty may also be considering In 

this instance It may be appropriate for the 

group to expand its scope, hold regular 

meehngs, and achvely participate In the 

authonty’s declslon making process Therefore, 

applicants should outline m their Part 2 

apphcattons how such coordmabon ~111 be 

accomphshed 

InterPovemmental Coordmahon 

If a number of muruclpal enhhes (e g , 

mulhple ahes or a c1t-y and a county) are 

participating in the permit apphcation process 

as coapplicants, vanous mechanisms can be 

used to improve Intergovernmental 

coordination to ensure that the roles and 

responsibWies of each entity are well defined. 

Each entity must fulfill Its responslbllities to 

implement applicable program measures. 

Examples of some of the appropriate 

coordmation techniques and their benehts 

Include: 

l Memoranda of agreement. (MOA). 

MOAs can define speclhc murucipal 

roles, responslblhhes, and pomts of 

coordmation that help minimize 

dupbcation of effort and ensure 

accountabIlity; 

l Cross-training of staff. Thus aliows for 

the identicahon of gaps m staffing 

(e g., neglected areas of responsiblhty 

or insufficient staff levels) as well as 

providmg the benefits of increased 

versatihty and opportunihes for 

learnmg from others; 

4 Interagency advisory committees. 

Thar ob@ve 1s to arm decision 

makers with a comprehensive 

understanding of the implications of 

proposed activihes or deaaons; and 

l Regularly scheduled intermunicipal 

staff meetings. These can faahtate an 

open and thorough exchange of 

mformahon and solidify new lmes of 

conunumcahon 

2-10 
Exhibit 2-3 

Excerpts from a Public Involvement Program 

The pubhc involvement program Iof the City of Seattle] has been designed to 

assist m developmg an acceptable city-wade plan for addressmg dramage and water 

quahty problems. Acceptable is defined as a plan that IS both technicaIly sound and 

sensitive to the needs and interests of the dhzens. The involvement program has two 

major elements: a Cihzen Advisory Committee KAC) and a commuruty outreach 

effort The uuhal role of the CAC was to provide guidance to City staff and 

consultants preparing various sections of a Comprehensive Dramage Plan Unhl the 

adophon of the Comprehensive Dramage Plan by the City Counal, theCAC pro\-rded 

drrechon on dramage po11c-y issues, assrsted with the pubhc revrew of the draft plan 

and environmental impact statement (EIS), and helped coordmate comments sent to 

the city from the public during the review period. Followmg council adophon of the 

plan, the CAC was reconshtuted mto a Drainage and Wastewater Advrsory 

Committee which serves as an on-gomg sounding board to the Dramage and 

Wastewater Uhlity, the mayor, and the City Council on both sewer and dramage 

matters. 

The community outreach effort was estabhshed for two purposes. The first was 

to ensure adequate pubhc review and support of the Comprehensive Dramage Plan 

and EIS Comments received dunng the revrew were used by the Dramage and 

Wastewater Uhl~ty, the mayor, and the City Council m makmg decisions about the 

Drainage Plan and the City’s on-gomg dramage program. The second purpose was 

to begm educahng residents and busmess people about the importance of theu role 

m solving floodmg, landslide, and water qu&ty problems throughout the sty. Tlus 

commuruty outreach/education role remains an on-going effort of the Dramage and 

Wastewater Utility. 

Source City of Seattle, NPDES Sbrm W&r Pcrm~t Appl~wf~on. Part 7, City of Seattle, November 1991 37 

Single municipalihes wth separate responsible for rmplemenhng erosion and 

governing funchons may face the same 

challenges as coapplicank when they prepare 

therr Part 2 applicahons. Many of the same 

coordmahon steps may be necessary withm a 

single muruclpal jurisdichon. The need for 

rntragovemmental coordmahon may be most 

crucial in large muruclpahhes that have 

funchons that impact storm water quality 

spread throughout the orgamzational structure 

of the munrcrpality. For example, a planning 

department may be in charge of implemenhng 

a stream buffer policy, wlule a public works 

department may plan, site, and construct storm 

rva ter BhiPs Still other agenaes may be 

sedrment control requirements, and pernutting 

and inspection funchons. Storm water-related 

responsibilities within governmental 

organizations may be allocated in lhrs manner 

due to the relahvety reCent emergence of storm 

water quality as an important issue. 

Nonetheless, effective coordmahon within the 

government of a single murucipalrty may be as 

critical to the success of the storm water 

management program as 1s mlergovemmental 

coordmahon for coapphcank Therefore, 

apphcants should outlme m their Part 2 

applicahons how such coordmahon wrll be 

accompltshed. 

2-11 
CHAPTER 3 

ADEQUATE 

LEGAL AUTHORITY 
3.0 ADEQUATE LEGAL AUTHORITY 

3.1 BACKGROUND 

A crucial requirement of the NPDES storm 

water regulation is that a municipality must 

demonstrate that it has adequate legal 

authority to control the contribution of 

pollutants in storm water discharged to its 

MS4. Thus guidance manual and the storm 

water program emphasize development and 

implementation of storm water management 

programs as described in Chapter 6. In order 

to have an effective municipal storm water 

management program, a municipality must 

have adequate legal authority to control the 

contribution of pollutants discharged to the 

MS4 

Part 1 of the permit application requires 

applicants to describe their existing legal 

authority to control the discharge of pollutants 

from MS4s and evaluate the adequacy of these 

ordinances. Where existing ordinances were 

lacking, a proposed schedule to obtain the 

necessary authority was Included with the Part 

1 application. In Part 2 of the application, 

municipal applicants must demonstrate that 

they now possess adequate legal authority to. 

Control construction site and other 

industrial discharges to the MS4; 

Prohibit illicit discharges and control 

spills and dumping; 

Control potential sources of pollutants 

from discharges to or from 

coapplicants’ MS4s or MS4s that are 

interconnected or shared with other 

entities; 

Require compliance with all regulations 

and statutes, and 

Carry out inspection, surveillance, and 

monitoring procedures 

Section 3.2 reviews each of these regulatory 

requirements Section 3.3 describes specific 

procedures a municipality may use to 

demonstrate adequate legal authority 

3.2 SUMMARY OF REGULATORY 

REQUIREMENTS 

3.2.1 Control Construction Site and Other 

Industrial Discharges to the MS4. 

The municipality, as a permittee, is 

responsible for compliance with its permit and 

must have the authority to implement the 

conditions in its permit To comply with its 

permit, a municipality must have the authority 

to hold dischargers accountable for their 

contributions to separate storm sewers 

“Control,” in this context, means not only to 

require disclosure of information, but also to 

limit, discourage, or terminate a storm water 

discharge to the MS4 For example, construction sites (of 5 or more acres) and other 

industrial activities that discharge storm water 

through MS4s are required to obtain individual 

NPDES permits or coverage under general 

NPDES permits from EPA or an authorized 

NPDES State These permits require compliance with applicable Federal and State 

regulations However a municipality. to 

satisfy its permit conditions may need to 

impose additional requirements on discharges 

3-1 
from permitted mdustnal facdlhes, as well as 

discharges from lndustrkl faclllbes and 

construcbon srtes not required to obtam 

-t-s- Therefore, a muruapahty should 

develop a mechamsm to assure that all 

industrial faalihes and construchons sites that 

discharge to the MS4 know their obllgahon to 

comply with the applicable terms of the 

municipallt)/s storm water ordmances. 

3.22 Prohibit IUicit Discharges and Control 

Spills and Dumping 

§122.26(d)W(i)(B) IThe appbat must 

demonstrate that it can protibltl through 

ordtnance, order or smular means, ikit 

dlxharges to the muruclpal separate storm 

sewer 

~12226(d1(2M)(C3 [The applicant must 

demonstrate that It can control] through 

ordmancx, order or surular means the 

discharge to a muruclpal separate storm 

sewer of spJls, dumpmg or disposal of 

materials other than storm water 

To demonshate that It possesses adequate 

legal author&y to control storm water 

dlxharges, a muniapality must be able to 

effectively prohlblt llllclt discharges and Illegal 

dumpmg An illicit discharge is “any discharge 

that is not composed enhrely of storm water 

except discharges pursuant to a NPDES permit 

and discharges resultmg from fire fightmg 

ac&ihes~~ (40 CFR 122.26(b)(2)]. 

3.23 Control Contributions of 

Coapplicants 

5122 26(d)(2)(i)(D) (The appkant must demonstrate that it can control] through mteragency agreements among coappkants the 

contnbutlon of pollutants f&m one potion 

of the muruclpal system to another potion of 

the mumclpal svstem 

An operator of a MS4 may parhapate in an 

apphcation with one or more other operators, 

or may submit an m&vldual appkahon for the 

separate storm sewer It operates. As mdlcated 

m the box above, the operator of a d&charge 

from a large or medium MS4 may submit, 

through the use of mterlurlsdlchonal 

agreements, a system-wde pemu t applrcahon. 

Thesystem-wide apphcation can accommodate 

existing storm water programs, on a watershed 

basis, as well as programs which must take 

into account regional differences in climate, 

geography, and political mst~tions. Such an 

apphcation should cover issues of llabllity, 

financial contnbutions, access to records, 

enforcement responslbllihes, and any other 

apphcable areas of mutual concern. 

When two or more muruclpalities submit a 

lomt appllcahon, each coappllcant must 

demonstrate that it mdivldually possesses 

adequate legal authority over the enhre 

municipal system tt operates or owns. A 

coapplicant need not fulhll every component of 

legal authonty speafied m the regulations, as 

long as the combmed legal authority of all 

coapplicants satisfies the regulatory cnteria for 

every segment of the MS4 (mcludmg author-q 

over all sources that discharge to the M!+l). 

As coapplicants, for example, a county and 

a flood control dlslrict wtlun that county may 

together possess adequate legal authonty. The 

flood control distnct may have legal authonty 

to build, operate, and maintam structures 

associated with major drainage channels within 

the county. The county itself may have legal 

authority to control pollutants m discharges 

from privateely owned lands to the MS4s and 

legal authority to build, operate, and maintain 

structures associated ~t.h minor dramage 

channels that tie ihto malor dramage channels. 

In this situation, the combined legal authority 

of the-‘coapplicants may be adequate for the 

system, provided that the only discharge to 

major drainage channels comes from the 

countfs separate storm sewer system. As 

another example, a department of 

transportahon or flood control dlstnct ~th no 

land use authonty could be a co-perrmttee w-~th 

3-2 
a city that does possess land use authority over 

the entire Junsdlcbon. 

Coappl~ank also may use mterjurlsdlctlonal agreements to show adequate legal 

authonty and to ensure planrung, coordmation, 

and the shanng of the resource burden of 

permit comphance When more than one 

enhty is submittmg an apphcation for a MS4 

(either as coapphcants or as individual 

applicants for different park of a system), the 

role of each party must be well defined. Each 

applicant or coapplicant must show the ability 

to fulfill ok responsiblhbes, mcludmg legal 

authonty for the separate storm sewers it owns 

or operates. 

Applicants and coapphcank may use the 

procedures outhned In Se&on 3 3 to 

demonstrate adequate legal authority in their 

Part 2 permit applicahons. These procedures 

are guidelmes, however, and are not Intended 

to be the only posstble approaches that 

applicants may follow. 

3.2.4 Require Compliance with all 

Regulations and Statutes 

To meet the requirements of 5122 266(d)(2) 

t&E), the apphcant must show that it has 

adequate authonty to enforce ik ordmances. 

ordmances and the reasons why they are 

enforceable. The statement should discuss 

what the muxuapa1lt-y can do to ensure full 

comphance wth §122.26(d)(2)(1). 

In a Part 2 apphcahon, through a statement 

from the Mumapal General Courxel or 

through some other method, a muruapallty 

should identify the admmistrative and legal 

procedures available to mandate compliance 

mth appropnate ordmances, and, therefore, 

wth permit conditions. Applicahons should 

contain descriphons of how ordmances are 

implemented and appealed In parhcular, a 

municipality should m&c&e If it can Issue 

administrahve orders and mjunctions or if it 

must go through the court system for 

enforcement achons 

3.25 Carry Out Inspection, Surveillance, 

and Monitoring Procedures 

In their Part 2 apphcahons, muruclpahhes 

must propose programs to control the 

contributions of pollutank From Industrial 

facilities and protublt 1l11c1t dscharges For 

both of these achvlhes, munlcipahhes must 

have the legal authority to carry out mspechon, 

surveillance, and morutormg procedures 

necessary to deterrnme comphance. 

I 5122 26(d)(2)(i)(E) [The appkant must 

demonstrate that 11 can reqwel compliance 

wth condlhons in ordmances, permits, 

contracts or orders 

One acceptable way to support a 

declaration of adequate legal authority, 

lncludmg the ablhty to enforce appropnate 

ordinances, IS for the mumcipahty to provide a 

cerbhcahon from the hluruapal General 

Counsel or equivalent The cerhhcation should 

state that the apphcant has the legal authonty 

to applv and enforce the requlremenk of 

gl X! XI(~)(ZJ(INAP(FJ in State or local courts 

The cerhilcation would, therefore, cite specific 

~12226td)(2)(i)WI. lThe apphcant must 

demonstrate that It can carry1 out all 

mspechon, survedlance and morutonng 

procedures necessary to determine 

compbance and noncomphance with permit 

condaons utdudmg the protibltlon on dhclt 

discharges to the mwclpal separate storm 

sewer. 

To meet tlus requirement, murucipaiities 

may wish to consider establishing ordinances 

that require mdustnal faclhtles to perform 

mspections and report the results to the city. 

In many muruapallhes, these faahhes may 

perform srmllar lnspechons under a 

pretreatment program. In their Part 2 

apphcations, muruclpalthes should provide 

3-3 
Adeamte Leaal Authonhl 

documentahon of their authority to enter, 

sample, Inspect, review, and copy records, etc , 

as well as demonstrate their authority to 

require regular reports 

3.3 PROCEDURES FOR DEMONSTRATING 

ADEQUATE LEGAL AUTHORITY 

The Part 2 appllcahon requires the 

applicant or coapphcants to cite and descnbe 

speclflc ordinances currently in effect and 

demonstrate that the lunsdlction for these 

ordinances covers the entire area served by the 

MS4 In addition, the applicant may elect to 

discuss spec~hc changes m ordinances passed 

smce the submlsslon of the Part 1 permit 

apphcation to Illustrate how legal authority has 

evolved to meet the regulatory reqlurements m 

5122 26(d)(2)(1) One method by which an 

apphcant can parbally demonstrate that It has 

adequate legal authonty IS to develop a matnx 

that compares, m a side-by-side format, the 

regulatory requirements in 5122 26(d)(2)(I)(A)- 

(F) and the muruclpallty’s legal authonty 

Once completed, the m&lx would Indicate 

whether an adequate legal framework exists to 

address all key regulatory requirements 

tdentrfled In 5122 26(d)(2)h)(A)-0. Furthermore, the matnx could also IUustrate where the 

authonty to mandate comphance IS vested. 

In order to support an assertion of 

adequate legal authority, apphcants should 

Include the complete text of the applicable 

porbons of the ordmances or other such provisions in the applicahon The applrcant 

should also probide a speclflc erpianabon of 

why and how the language of a parbcular 

ordinance or other authority meets Federal 

regulatory requirements The apphcabon 

should mdlcate to whom the ordmance apphes 

and how 11 will operate to control, prevent, or 

stop discharges that violate permit conditions. 

For example, the muruclpahty may descnbe 

and provide an excerpt from a aty ordinance 

that prohbits non-storm water dwcharges to 

the M!X 

Appendix C llluslrates one way to detail 

the existence of ordinances that estabhsh the 

legal authority requmzd m 5122 26(d)(2)(i) A 

narrahve dIscussIon of the lustoncal use of 

thgse ordinances to control pollutants m storm 

whter discharges also may be Included The 

example in Appendix C shows r+hat the 

apphcant may do to sahsfy gl22.26(d)(2)(1) 

Substanbal effort should be devoted to 

obtammg the necessary legal authority before 

the Part 2 apphcabon IS submitted However, 

some municlpallhes may find that the two-year 

application process does not allow enough time 

to secure adequate legal authonty as described 

m this secbon. Tlus may be due to the need 

for State statutory or leglslahve changes In 

thus instance, the Part 2 apphcatlon must 

include a detailed descriphon of what changes 

are needed and a schedule of when they ~vIII 

be accomphshed. The schedule must Include 

timetables for drafbng proposed changes, 

public comment periods, and final 

authonzahons 

34 
CHAPTER 4 

SOURCE 

IDENTIFICATION 
4.0 SOURCE IDENTIFICATION 

4.1 BACKGROUND 

In Part 1 of the NPDES storm water permit 

application, applicants are required to identify 

the location of known major outfalls 

discharging to waters of the United States from 

MS4s. Applicants also are required to provide 

information and data on existing land use 

activities. The identification of outfalls and 

land use activities is the first step in the process 

of: 

Identifying the sources of pollutants in 

storm water runoff; 

Linking the sources of pollutants in 

runoff to specific water quality impacts 

and other impacts that may result in 

degradation of aquatic resources; 

Identifying those activities or physical 

factors that have the most significant 

impact on water quality; 

Defining control measures that yield 

improvements in storm water quality; 

and 

Developing methodologies by which 

engineers, urban planners, and 

managers can make long term decisions 

that not only provide for economic 

growth, but also have discernible 

environmental benefits through 

imposed storm water controls. 

The source identification requirements in 

the Part 2 permit application reflect three basic 

steps. First, municipalities must identify any 

major outfalls that were not already identified 

in the Part 1 application. Second, applicants 

must compile an inventory of industrial 

activities that may discharge storm water to a 

MS4 Third and finally, applicants must 

organize the inventory of industrial activities 

on a watershed basis. 

Organizing the inventory by watershed 

allows the municipality to focus on activities 

within discrete areas that may contribute 

pollutants in storm water discharges to waters 

of the United States For example, combining 

outfall data with the Industrial inventory 

organized by watershed may help the 

municipality to identify probable areas of illicit 

connections. Thus information will also be 

useful for municipalities when they develop 

specific strategies [e.g., best management 

practices (BMPs)] as part of their proposed 

storm water management programs The 

following sections discuss regulatory 

requirements and procedures for completing 

the source identification section of the Part 2 

pet-nut application. Section 4.2 provides 

guidance on identifying major outfalls, Section 

4.3 provides guidance on compiling an 

Inventory of industrial dischargers, and Section 

4.4 provides guidance on organizing the 

Inventory of industrial discharges by 

watershed 

4.2 MAJOR OUTFALLS 

The first portion of the Part 2 Source 

Identification provision states. 

4-1 
Source ldmtlficatlon 

4.2.1 Definition of a Major Outfall 

Accordmg to 40 CFR 122 26(b)(5), a major 

outfall IS a MS4 outfall that dtscharges from a 

smgle pipe with an msrde diameter of at least 

36 Inches The term also mcludes drscharges 

from a smgle conveyance other than a crrcular 

pipe servmg a dramage area of more than 50 

acres. 

For those munrcipal separate storm sewer 

systems that recetve storm water runoff from 

lands zoned for mdustnal achvity, major 

outfalls also Include outfalls that discharge 

from a smgle pope wrtl-r an Inside drameter of 

12 inches or more, or drscharge from other than 

a arcular pope assocrated with a drainage area 

of 2 acres or more. This definition also applies 

to outfalls of dramage areas that have both 

u-rdustrral and non-mdustnal actrvity. For 

example, If a three acre dramage area IS zoned 

half woodland and half industiat, the 

drscharges from that area would shll be 

considered a major outfall. because the 

deflnttron of major outfall includes 

consrderahon of drarnage area, muruapahhes 

may need to consrder cornreyances such as 

drtches and swales when tdenhfymg major 

outfalls 

4.2.2 Identifying Major Outfalls 

The hrst step u-r this section of the Part 2 

applrcabon is the rdenbhcahon of mapr 

outfalls not idenhfred m the Part 1 applicahon 

1§122.26(d)(2j(u), cited in box above]. When 

rdentrfymg these mapr outfalls, muniapalrhes 

should butld upon the approach used m the 

Part 1 application. One way to identify mapr 

outfalls 1s a review of sewer system maps. 

These maps can provide mformahon on sewer 

system type (e g , separate storm versus 

combmed sewer), pipe srze, and outfall 

locahon However, depending upon the age of 

the sewer system maps, they may not provide 

complete mformabon about newly developed 

areas or Improvements to older areas Often, 

interviews with sewer system maintenance 

personnel can provide mformahon on the most 

recent changes to the sewer system The 

municrpahty should also consrder conductmg 

held surveys fe g., vrsual mspechon of the 

banks of recenvtg waters) to locate major 

outfalls 

When subrmttmg a Part 2 perrrut 

apphcahon, muniapahhes should include a 

bnef description of how addrhonal major 

outfalls were tdenhfred Thrs descrrption IS not 

Intended to be a lengthy lrst of each sewer 

system employee mtenlewed, but rather an 

outline of the methods employed 

4.3 INVENTORY OF INDUSTRLAL 

DISCHARGERS 

The second step in thus portron of the Part 

2 apphcahon is assemblmg an mventory of 

mdustrtal storm water drschargers 

5122 X(d)(2)(ii) Smrc~ I.fmf~~wf~on 

Provide an mventory, orgaruzed by 

watershed of the name and address, and a 

descnphon (such as SIC codes) wluch best 

reflects the pnnc~pA prcducts or m-vms 

prowded by each factity which may 

discharge, to the mumclpal separate storm 

sewer, storm water assoaaled wTth mdustnal 

actmty 

Thus section describes how municipahhes 

may develop the Inventory of industrial 

facihties Section 4.4, below, provtdes guidance 

on orgamzing those faalihes by watershed. 

4.3.1 Facilities that must be Included in the 

Inventory 

As stated above, apphcants must provide 

an inventory of each facrl1t-y that may dtscharge 

to the MS4 storm water assoaated wrth 

mdustrral ach\-tty. lndustrral storm water 

dischargers that must be mduded rn thrs 

Inventory fall Into 11 classes of industrial 

actwhes as defined In the November 1990 

4-2 
Source Identvkmon 

regulations Six of these classes were defmed 

In a narrabve format and five were dehned by 

Standard IndustnaI Classlhcahon (SIC) codes. 

Specific categories of mdustnes are ldenhfled in 

§122.26(b)(l4)(i)-(xl). Exhblt 4-l provides a list 

of the SIC codes and Industry categones cited 

in the regulatory dehruhon. 

4.3.2 Identifying the Industrial Facilities 

As a first step in developing a 

comprehenslve industrial storm water 

inventory, the applicant must review facility 

notifications. Industnal facihhes were required 

to notify municipalities by May 15, 1991, of 

their intent to discharge storm water to the 

murucipal storm sewer system [§12226ta) 

(vi)(4)]. Each facihty should have submitted to 

the municipahty information including facility 

name, faahty locahon, and facility type (such 

as SIC code or other Industry categonzation). 

In addlhon, munlclpallhes should explore 

other sources of mformation on industnal 

faallhes to help ldenbfy gaps in Inventory. 

One speclhc source of information a 

municipalIt) should review Is facility 

information submitted under other programs. 

For example, SIC codes are often required for 

air polluhon pen-rut apphcations, hazardous 

matenals management permits, pretreatment 

program appiicahons, bulding permits, 

business hcenses, or local tax rolls. A 

municlpahty may take the list of SIC codes 

provrded in Exhibit 4-l and compare It with 

exishng Information on SIC codes or industnal 

categones which has been submitted by 

industrial faalihes under other programs. 

Under 40 CFR 122.28, faahties that discharge storm water associated with industrial 

achvlty must submit an mdlvldual permit 

apphcation, parhapate m a storm water group 

permit application, or file a Notice of Intent 

(NOI) to be covered by a general pernut. These 

apphcatlons and NOIs are another source of 

information on industnal dischargers. For 

exl5hng faclllhes, appllcahons or NOIs were to 

be submitted by October 1, 1992; for new 

facihhes, they must be subnutted prior to the 

commencement of lndustrlal activity 

However, m the Intermodel Surface 

Transportation Effiaency Act of 1991, Congress 

provided that permit appbcahon requirements 

be reserved for industrial ach\rlhes obmed or 

operated by muniapahhes rylth a population of 

less than 1OO,ooO, with the exception of 

airports, power plants, and uncon&Gd 

sanitary IandiiUs If EPA IS the permitting 

authority in a State, applications and NOIs 

should be submitted to EPA, if a State has 

NPDES authority, they should be submitted to 

the State. Section 308 of the CWA provides the 

legal authority for any indlvldual (mcluding a 

muniapahty) to obtain mformahon from the 

NPDES permitting authority. A municipality 

may be able to obtain a hst of the facilities in 

its junsdiction that have applied for coverage 

under a genera1 or mdlrqdual permlt or that 

have apphed for coverage as a member of a 

group 

AddItional sources of mfonnahon on 

industrial faahhes may Include zoning maps 

showmg industnal parks, manufactunng and 

industrial lishngs In telephone books, trade 

association listings, pretreatment industrial 

waste surveys, the Chamber of Commerce 

Manufacturing Directory, and Dunn and 

Bradstreet 

In the Part 2 apphcahon, a municipality 

should provide a brief descnptzon of the 

sources it reviewed in idenhfymg the industrial 

dischargers. As part of the proposed storm 

water management program, which is 

described in Chapter 6, municipalities should 

describe a plan for collmng new or updated 

information on industrial dischargers 

throughout the life of the permit. 

4-3 
Source identrfmtron 

Exhibit 4-l 

Industry Categories Cited in the 

Definition of Storm Water Associated with Industrial Achvity 

1. Facllihes sublect to storm water effluent lmutahons guldelines, new source performance 

standards, or tout pollutant effluent standards under 40 CFR Subchapter N (except faclhhes 

wKlth toxic pollutant effluent standards which are exempted under category 11 below. 

2 Fadhes described by SIC 24 (except 2434),26 (except 265 and 2671, 28 (except 283),29,311, 32 

(except 323),33,3441,373 l 

3. FaciIihes d-bed by SIC 10 through 14 (nuneral mdustry), mcludmg 

- active or machve nuning operations, except for areas of coal minmg operahons no longer 

meehng the defiruhon of a reclamahon area under 40 CFR 434 11(l) because the 

performance bond issued to the facility by the appropriate SMCRA authonty has been 

released, or areas of non-coal rninmg operations wluch have been released from apphcable 

State or Federal reclamahon reqlllrements after December 17,1990, and 

- od and gas explorahon, produchon, processmg, or treatment operahons, or hansnusslon 

faahhes that ckharge storm water contammated by contact with or that has come Into 

contact with, any overburden, raw material, mtermediate products, tirushed products, byproducts, or waste products located on the site of such operahons 

4 Hazardous waste treatment, storage, or dqosal fatihes, mcludmg those that are operahng 

under mtenm status or a perrmt under Subhtle C of RCRA. 

5. Landfills, land apphcahon sites, and open dumps that receive or have received any mdustnal 

wastes (waste that 1s received from any of the faclhties described under this subsechon) 

mcludmg those that are subpct to regulation under Subtitle D of RCIU. 

6. FacLhhes mvolved m the recychng of mater& (metal scrapyards, battery reclauners, salvage 

yards, and automoblle junkyards) mdudmg but not hnuted to SIC 5015 and 5093 

7. Steam electnc power generatmg faahhes, m&ding coal handling sites. 

8. Transportahon faahhes d-bed by SIC 40,41,42 (except 4221~25), 43,44,45, and 5171, whch 

have velucle mamtenance shops, equipment cleaning operahons, or aqort delang operations. 

Oniy those portions of the faahty that are either u~olved in velucle mamtenance (mcludmg 

v&cle rehablhtahon, mechanical repaus, pamhng, fueling, and lubricahon), equipment clearung 

operahons, alrport daang operations, or which are othemse identified under 1 - 7 or 9 - 11 

are associated wth industnal achvity. 

4-4 
Exhibit 4-I (continued) 

9. Treatment works treahng domeshc sewage or any other sewage sludge or wastewa ter treatment 

device or system, used m the storage treatment, recycling, and redamahon of muruclpal or 

domeshc sewage, mcludng land dedicated to the disposal of sewage sludge that IS located 

mthm the confmes of the faahty, ~th a design flow of 1.0 mgd or more, or reqwred to have 

an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, 

domestic gardens, or lands used for sludge management where sludge is benehclally reused 

and wtuch are not located mthin the fatity, or areas that are m comphance rnth *on 405 

of the CWA. 

10 Conshuchon activity indudmg clearing, grading, and excavation activlhes except operahons 

that result m the disturbance of less than hve acres of total land area wkch are not part of a 

larger common plan of development or sale l * 

11 Faclhties described by SIC 20,21,22,23,2434,25,265,267,27,283,285,30,31 (except 3111,323, 

34 (except 3441). 35,36,37 (except 373),38,39,4221-25, (and whch are not otheMnse mcluded 

withm categones 2 - 101.’ 

Source 55 FR 48065, November lb, 1990 

‘Please note the SIC 285 ts covered under Category 11 Also note that for the industries idenhhed In Category 11, the 

term mdudes only 510~1-1 water dlrcharges from all areas (except access roads and rail lmes) where matenal handling 

equpment or actl\q?hes. raw rnatenals, mterrnedllate products, fmal prockts, waste mater&, bv-products, or Induatrul 

machmery are expovzd to storm water 

“On June 4, 1992, the Unwd States Court ot Appeals for the Nmth Cuat found that EPA’s rahonale mr eremptmg 

conshucnon sites of less than hve acres and certatn uncontammatecl storm water dwharges from Category 11 hght 

lndustnal facihhes from Phase I ot the storm water ptugram to be invalid and has remanded these exemptions for 

further proceedmgs (see Nafural Resourus Defense Councrl v EPA No 91-70176) 

4.4 ORGANIZING THE INDUSTRIAL . Locahons of major out-falls or system 

INVENTORY BY WATERSHED modificahons; 

Once the industrial inventory is complete, 

the applicant must orgamze the inventory by 

watershed, or drainage area. The mam 

objective of tks requrrement is to associate 

discrete discharges ~th speclflc watersheds, 

rvhch may help the muruclpahty idenhfy 

relationships between pollutant sources and 

recetvlng water quaky problems To help 

orgaruze the mdustnal Inventory by watershed, 

munlclpahtles should consider the long-term 

benehts of usmg automated database systems 

to help organize and update lnfonnahon on 

Land use deslgnahons and composltion; 

Dischargers of storm water asmlatecl 

with mdustrial achvlty, 

Other NPDES permit holders, 

Location/inventory of structural 

controls, and 

Locations of llhclt co~echons 

4-5 
Thus mformahon can help sat&y the 

rqutrement that discharges of storm water 

assocrated with mdustnat achvrty be Organized 

by watershed Usmg an automated database 

system or the map submttted m the Part 1 

apphcahon may be helpful m satisf-ymg thus 

requrrement However, the regulations do not 

requue Part 2 apphcants to use a parhcular 

database or submrt certzun mformation, and 

muntcipalihes may elect to use other methods. 

The followmg procedure is provided as an 

example of one way to orgaruze mdustrial 

dtschargers by watershed: 

t. Create a transparent overlay of tax 

maps covering the entire area served by 

the MS4. 

2 lndrcate on the maps the locahon of 

each mdustnal acbvlt-y according to 1t.s 

address mth an appropriate symbol or 

code. 

3 Produce an overlay of exrstmg 

watersheds from a topographical map, 

for example, United States Geologrcal 

Survey (USGS) maps, covermg the area 

that the hIS4 supports Previously 

performed hydrolo@cal surveys may be 

helpful m dehneahng the boundanes of 

exclshng watersheds Muruclpalihes 

may elect to sub-dlvtde exlshng 

watersheds mto smaller umts if this 

will assist In management planning. 

4 Align the tax map and watershed 

overlay so that Industrial achvrty 

locations can be transposed to the 

watershed overlay. 

A number of PC-based tools can be used to 

orgamze mfot-mahon on faalihes and outfalls. 

For example, computer-aded design (CAD) 

packages, In coqunchon wth third-party 

software pa&ages, are spectftcally desqned to 

present mformabon on separate transparent 

lalers that can be “turned off and on” when 

necessar\ One layer could contam mfonnahon 

on watershed topography and another could 

contam the locanons of mduitnal storm water 

dischargers. Add1 honal lab ers might contam 

informahon on the layout of the murucrpal 

system, locahons of structural source conbols 

and outfalis, and land-use patterns (both 

present and future) 

A CAD-based system can be useful, not 

only in presenting tnformahon easily and 

graphically, but also m its abthty to transfer 

spaual data, such as XYZ coordmates, to 

commonly avatlable PC-based database 

applicahons Tlus spahal data can be merged 

wrth other databases contammg more genenc 

mformation mcludrng facthty name, address, 

and SIC codes However, one potenhd 

drawback to CAD systems is that most of them 

cannot store “real-world” k g., lahtudelongItudeI coordmates and are not generally 

desrgned for spahal analyses 

lnformahon stored m a CAD format may 

also be mput into a Geograptuc lnformahon 

System (GIS) Mth some converston, the CAD 

system coonhates may be transformed into 

the “real-world” coordmates typically employed 

by GE GIS are Integrated database 

management systems deslgned for the Input, 

storage, retrieval, analysts, output, and dtspla) 

of geographically or spahally indexed data 

The key attribute of GIS IS the relahonai 

database capabilities that make these systems 

powerfuI tools for conducting spabal analyses. 

Using GE, a mumclpahty could overlay several 

layers of data and denve new mformahon from 

this existing mforrnahon. For example, using 

GE, an apphcant could overlay a map showmg 

the IOO-year flood plam with a map showing 

locahons of mdustnal facrhhes The GIS could 

then calculate the amount of tndustnal area 

wrthin the 100-year flood plam and plot 011s 

data on a new overlay Tlus type of spatial 

analysts mtght be a powerful tool m the destgn 

of the muntctpality’s storm water management 

program. 

4-6 
Another beneht of GIS IS the ability for 

common data to be shared efficiently among 

several agencies. For example, the flood 

management agency, department of 

transportation, and storm water control agency 

could all contnbute data to and use analyses 

from the same GIS. On the other hand, one 

potenhal drawback to CIS is their relatively 

high cost. Often, developing accurate, 

appropnate base maps is one of the mo6t 

resource intensive parts of the system. 

The techruques presented in this section to 

orgamze mdustnal dischargers by watershed 

are not the only methods that the applicant can 

use For example, municipahhes may elect to 

present the mformahon in tabular form. Using 

a CAD, GIS, or other automated system IS 

entirely up to the mumclpality There 1s no 

requtrement that muruapalIhes use tk5.e 

systems tn the development of erther the Part 

1 or Part 2 NPDES permit appkahons Each 

apphcant wrll have to examine its extshng 

resources (mcludtng computer systems, 

personnel, and budget) and projected needs 

before decoding which method will be the most 

efficient and most useful m the long term 

A dtscusston of mantammg and/or 

updating the industrial Inventory IS provtded 

in Sectton 6.3.3.2 of U-U gmdance. 

Exhtblt 4-2 Illustrates an example of the 

procedure discussed m !5ect1ons 4.3 and 4 4 

4-7 
Exhibit 4-2 

Example of a Map Organizing Industry by Watershed 

LEGEND 

p water sned Bourlddr y 

I I I Storm Sewer Pltx 

- Open Cnannel 

* Major Outfall 

4 Industrial Acllvlty 

9 MaJor StfuCtufal Corltrol 

use a 

I Single-Family 

Resldentlal, Industrial, 

or Public 

EC3 lndustr lal 

n Parks, Open SDaCe 

APPROXIMATE SCALE IN FEET 

Od 

4-8 
CHAPTER 5 

CHARACTERIZATION 

DATA 
5.0 CHARACTERIZATION DATA 

5.1 BACKGROUND 

5.1.1 Objective of this Section 

This section addresses the requirements for 

reporting the physical and chemical 

characteristics of municipal storm water runoff 

as specified by 40 CFR 122.26(d)(2)(iii). These 

requirements describe the minimum 

quantitative and descriptive data necessary to 

begin characterizing storm water discharges. 

The applicant IS encouraged to provide 

additional information, if available, which may 

provide a basis for a more effective storm 

water management program. The additional 

information may also help the permitting 

authority make more informed decisions 

regarding the specifications of the permit to be 

issued. 

The NPDES permit application regulations 

require the applicant to identify all major 

outfalls that are part of the MS4 

[§122.26(d)(1)(iii) and 126(d)(2)(ii)]. Part 1 

requires the municipality to propose a 

sampling plan that Identifies 5-10 outfalls that 

would be appropriate for representative data 

collection under Part 2 of the application 

[§122.26(d)(1)(iv)(E)]. The next step is to collect 

and analyze samples from these outfalls (or 

others designated by the permitting authority) 

for a variety of pollutant parameters from 3 

representative storm events. 

5.1.2 Potential Impacts of Storm Water 

Runoff 

The Nationwide Urban Runoff Program 

(NURP) study showed that discharges from 

MS4 contribute to the degradation of water 

quality in the Nation’s waters (EPA, 1983). The 

NURP study also concluded that the effects of 

urban runoff on receiving water quality are 

very site specific The effects depend on the 

types, size, and hydrology of the water body, 

the designated beneficial use, the pollutants 

which affect that use, the urban runoff quality 

characteristics, and the amounts of urban 

runoff dictated by local rainfall patterns and 

land use. The National Water Quality Inventory, 

1990 Report to Congress as required by Section 

305(b) of the Clean Water Act, stated that onethird of the impairment in assessed waters IS 

due to storm water runoff (EPA, 1990d) 

Quantity Impacts 

Urbanization often increases the quantity 

and reduces the quality of storm water runoff 

For example, vegetated or forested areas with 

pervious surfaces are often replaced with 

impervious surfaces (e.g., concrete and asphalt) 

that prevent or minimize the amount of rainfall 

available for ground water recharge This 

increases the volume and velocity of storm 

water runoff. 

Vegetated areas play a crucial role in 

ground water recharge and in the maintenance 

of stream baseflow This is especially true 

during extended dry periods, when ground 

water is often the only source that preserves 

stream baseflow In highly urbanized areas, 

ground water recharge may be so severely 

reduced that ground water flow to perennial 

streams during dry periods is not sufficient. 

Further, the natural hydrology of a watershed 

is often altered by urbanization, because 

developing areas often provide drainage 

appurtenances that rapidly conduct storm 

water runoff away from these areas Such 

drainage may also affect the geometry of 

natural streams, especially where natural 

streams have been modified through the 

installation of man-made channels Ultimately, 

reduced perviousness due to urbanization 

increases the magnitude and the frequency of 

localized flooding which can have the long 

term effect of substantially increasing the width 

of natural streams through erosion and 

scouring 

5-1 
Increases In peak dtscharge velocrty and 

runoff volume can also result In suhstanhal 

erosion of natural streambanks and the 

washout of bentic habrtats. Smce streambeds 

often consist of unconsohdated silt and 

sedrment, they may be stnpped away 

substanhally by excessive drscharge veloahes 

Increased drscharge velocmes can also lead to 

undercutting and destabrlizatton of 

streambanks, which may cause erosron that 

extends beyond the natural boundary of the 

streambank 

Further, silt and sediment can increase the 

turbidity of the receiving water, thus 

mterfenng wth the growth of aquatic plants 

whch depend on photosynthesrs. Increased 

turbid&y can also Interfere wrth aquabc 

feechng, eliminate spawning areas for fish, and 

cause abrasion and cloggmg of fish gills. Also, 

because silt and sedrment may remam In the 

watershed, they can blanket benthrc habrtats 

and severely reduce streamflow capacrty 

In the presence of excessive volumes of 

storm water runoff and discharge veloahes. the 

net impact on receiving waters can be almost 

mdrshngutshable from Impacts commonly 

associated with the discharge of toxrcs (e g , 

increased mortahty, reduced brodrversrty, and 

reduced reproductron) 

Dews&on and Resuspensron of ToxIcants 

Research IS currently on-going to examme 

the impact of the deposihon and resuspenston 

of toxlcants as a result of wet weather events 

Questions about the survivablhty of benttic 

habitats when exposed to toxrcants In deposited 

sedtments shll remain. The Impact of 

resuspended towcants from the sedrments IS 

not well known since toxlcs are often bound to 

sediment parhcles that may reduce the 

concentrahons avarlable for brologrcal uptake 

and subsequent broaccumulahon The 

applicant should also be aware that different 

metal contammants m sediments can eulubrt 

dltferent solubrhhes Under varlng condlhons 

of pH and temperatures, metals deposIted In 

sedrment can become soluble again and be 

reintroduced Into the water column 

Excessrve Bactenal Levels 

The NURP study hnal report concluded 

that “colrform bactena are present at hrgh levels 

in urban runoff and can be expected to exceed 

EPA water quahty cntena dunng and 

immediately after storm events.” Thls IS of 

significant concern, parhcularly in swimming 

and shellfish areas. 

Drsso1ved Oxvaen Depression 

The presence of oxygen-consummg 

pollutants in recervmg waters can lead to 

severe dissolved oxygen depression Factors 

that can cause dissolved oxygen depression 

include the resuspension of biodegradable 

organic matenal (wh.rch can occur m the 

presence of lugh flow velocrhes) or the 

discharge of orgamc pollutants m storm water 

discharges. The NURP study demonstrated 

that storm water ckharges exlubrt brochemlcal 

oxygen demand @OD) levels In excess of levels 

commonly assoctated ~7th secondary treated 

effluent from pubhcly owned treatment works 

(POTWs). Severe dtssolved oxygen depressron 

could contnbute to fish kills, whtch are one of 

the most readrly observable Impacts of 

pollution on receiving waters. 

Eutrophrcahon 

Eutrophicahon, or the agng of a water 

body, can be accelerated by excessive nutrient 

loadmgs from storm water. Advanced s&es 

of eubophicabon are often~as3oci%d mth 

substanhal variahons in dissolved oxygen 

concentxa tion. Nutnents of concern are 

nitrogen and phosphorus. Phosphorus IS 

typically the growth-hmihng nub-tent for plants 

m fresh water systems. Storm water discharges 

rouhnely contam excess concentrahons of these 

nutrients, which can lead to excessrve algal 

growth, commonly referred to as algal blooms. 

Excessrve concentrahons of algae can cause 

odor and taste problems In drrnkmg water and 

can result In aesthehcally unpleasant 

5-2 
ernlronments. In addihon, the eventual 

decomposrtlon of large concentrahons of algae 

can depress dissolved oxygen m the water 

body to levels where fish kills occur. In nature, 

the process of eutrophKahon occurs over a 

substanhal penod of hme, however, storm 

water discharges can rapldly accelerate tlus 

process. 

Exceedance of Chrotuc Toxicity &tenon 

Long-term exposure to toxics m excess of 

chronic toxicity uitena can cause sublethal 

effects on aquahc hfe. Indicators of chroruc 

toxlaty include reduced ferbhty, reproduchon, 

and growth rates and a decline m the diversrty 

of aquatic organisms The NUTW study dearly 

Indicated that storm water discharges contain 

concentrahons of trace metals, such as lead, 

cadmium, zmc, and copper m amounts that 

exceed the chronic toxiaty criteria. Prolonged 

exposure to chronic concentration levels of 

toxlcs can also be lethal to aquahc orgarusms, 

primanly from the bioaccumulahon of tomes 

w1lh.m the cell bssue of the organism over a 

extended period of hme 

Thermal Impacts 

The temprature of storm water runoff may 

become ,slgruhcantly elevated via conduchve 

and convechve heat transfer with impervious, 

man-made surfaces In the case of contact with 

impervious surfaces, the resulhng temperature 

elevahon of storm water runoff can be 

substantial. For example, the surface 

temperature of parking lots during summer 

months may exceed 100 degrees Fahrenheit. 

Consequently, storm water runoff from these 

parlong lots w11l be elevated in temperature. 

Many aquahc orgamsms are extremely 

sensihve to changes in water temperature. 

Increased water temperature also reduces 

dissolved oxygen in streams, nvers, lakes, and 

wetlands Therefore, slgruhcant discharges of 

storm waler at elevated temperatures can, over 

the long term, lead to the alterahon of aquahc 

pOFUk3hOrIS. 

5.1.3 Use of the Characterization Data 

The NURP study analyzed storm water 

discharge from 28 sites represenhng 12 mayor 

river basins of the Uruted States NURP 

detected 77 EPA prlonty pollutants present In 

the storm water dwharges sampled, mcltidmg 

samples with concentrahons that exceeded 

water quality cnteria for certam pollutants. 

Those pollutants detected In at least 10 percent 

of the samples studied m NURP are idenhfied 

in Exlublt 5-1. 

The data gathered for storm water 

discharge charactenzation can be used to create 

a baseline measurement of pollutant 

concentration and loadmgs The data also can 

be used to evaluate the effechveness of best 

management pracbces CBMPs) as well as help 

identify storm water control pnonhes. In 

addition, It can be used to help ldenhfy the 

sources of pollutanB in storm water runoff, to 

help establish an effechve morutonng program 

for the bfe of the permit, and to help predict 

the impact of storm waler runoff on recelvmg 

waters that are known to be impaired. 

5.1.4 Storm Waler Sampling and Analysis 

Procedures 

The regulahon req!.ures that the process of 

collechng quanhtative data for storm water 

characterization follow certain g-tudelmes 

@2226(d)(Z)(iii) Choractcr~~~~lon dab When 

“quantltatlve data” for a pollutant are 

reqwed under paragraph (dXlXluXAX3 of 

tlus paragraph, the appkant must collect a 

sample of eftluent UI accordance wth 40 CFR 

12221@7) and analyze It for the pollutant m 

accordance wth anaJytxal methods approved 

under 40 CFR part 136 When no analyhcal 

method IS approved the apphcant may use 

any sultable method but must prowde a 

descnphon of the method 

5-3 
Exhibit 5-1. Priority Pollutants Detected in at Least 10% of NURP Samples. 

PARAMrnRs 

Metals and lnorga~o 

htxnmy 

ArsenlC 

BerylJJcadmlllm 

ClUOOUUll 

=vper 

Cyanides 

Lead 

NICkI 

selenlunl 

ZUIC 

Peshades 

AlPha hexachlorocydshexane (dpha-BHC) 

A+ha endow&n 

Chlordane 

Llndane (gamma BHC) 

Htiirgenafed &phatiis 

Mefhane, drchlor* 

Phenols and uesols 

Phenol 

Phenol. pentachlor* 

PhenJ. Cnlho 

Phthalate esters 

Phthalate, brs(2-ethvlhexyl) 

Polycyck aromahc hydrocarbons 

Chrysene 

Flwrmthene 

Phenanthrene 

Rrene 

FREQUE!!CY OF DEl-ECTION (w) 

1.1 

52 

12 

4& 

58 

91 

23 

94 

43 

11 

94 

20 

I’r 

17 

15 

11 

11 

19 

10 

22 

10 

lh 

II 

15 

54 
The data collection procedures must follow 

the guldellnes for storm water samphng 

outhned m 51 22 21 (g)(i), EffllltJl7f ChltZCfcTlSflCS 

ll-us porbon of the NPDES regulahon describes 

the conditions under which a storm water 

discharge ~111 be sampled, and which 

collection procedure (grab sample versus flowweighted composite sample) is required for the 

water quality parameter bemg analyzed. These 

guidelines are dIscussed in more detzlll In 

Sections 5.3.2 and 5.3 4 of this gludance 

manual In addlhon, EPA has available a Storm 

Wafer Sampling Gudimce Document that 

describes m detail the methods used for storm 

water discharge samphng (EPA, 1992a). 

The methods for the chemrcal analyses of 

storm water discharge samples must be 

conducted m accordance ~th 40 CFR Part 136, 

Gurdehnes fur Esfabkhing Test Procedures for the 

Analysts P/ Pull~rtnnts These guidelines refer 

the applicant to EPA-approved methods and 

cite the source of the approved methods (e g., 

Standard Methods for the Exammation of 

Water and Wastewater, ASTM methods, etc.) 

Note that altemahve methods (I e, those not 

included in Part 136) may be used under 

certain circumstances (see Se&on 5.34) as 

described in 10 CR Part 136, and reiterated m 

the Charactenzahon Data secbon of Part 2 of 

the storm water discharge NPDES permit 

The speclfrc conshtuent pollutants and 

water quality parameters that must beanalyzed 

In the storm water samples are presented in 

Sechon 5 3 4. 

5.2 SUMMARY OF REGULATORY 

REQUIREMENTS 

The folIoMing is a summary of the 

charactenzahon data requirements for the Part 

2 appl lea hon 

l Quantltahve data on physical and 

chemical charactenshcs of the discharge 

tahen horn at least 5 to 10 

representahve outfalis chosen by the 

permlttlng author15 6echon 5 31, 

. Eshmates of both the annual pollutant 

load and event mean concentrJhon 01 

the cumulahve discharges tram all 

munlclpal outfalls dunng a storm event 

6echon 5 41, 

l A proposed schedule to proi-lde 

eshmates for each malor outfall of tile 

seasonal pollutant load and the event 

mean concentrahon for conshtuents 

detected in required samphng (Sechon 

5.5); and 

. A proposed morutonng program for 

the life of the pernut thal meets speclhc 

requirements established In the 

regulahons (Sechon 5 6). 

5.3 QUAN-IITATTVE AND QUALITATIVE 

DATA REQUIREMENTS 

5.3.1 Selection of Representative Sampling 

Sites 

In the Part 1 appllCahOn, the muruclpality 

IS required to descnbe a plan for obtammg 

charactenzahon data I&I2.26CdNlKiv)(E~I The 

plan shotid reflect the requirements of 

5122 26(d)(2)(u1) 

nfferent types and intenslhes of land use 

achvities influence, In part, the types of 

pollutants and the pollutant concentrahons In 

municipal storm water runoff. Therefore, Part 

1 of the permit apphcation I§l22.26Id)(l)(ln) 

(B)(2)] requires the applicant to describe the 

land use achvity within the area to be covered 

by the permit. In Part 1, the appkant also 

must select a subset of all the major outfalls 

(see Sechon 4.21 for dehmhon of mapr outfall) 

idenhfied that represented surface runoff 

discharge of the various land use achvihes 

described In some cases, a muruclpalltv 

prepanng a Part 2 apphcahon may want to 

supplement Its sampling program by collechng 

and analyzmg samples from major outfalls that 

were not idenhhed in the Part 1 appkahon or 

designated by the permithng authority. Thts 

addlhonal sampling may provide the 

5-5 
Chmactm=at~on Ddla 

muntctpalH) rrlth data that bet&r characterizes 

16 MS4 drscharges 

5.3.2 Criteria for Storm Water Discharge 

Sampling 

Land use achvlhes are not the only factors 

that affect the pollutant composihon of storm 

water runoff Storm water composibon also 

vanes according to the nature of the storm 

event (e.g , durahon, volume), and the 

composlhon may vary throughout the duration 

of a smgle storm event (i.e., the itutial 

d4-targe, or “hrst flush,” tends to have tugher 

pollutant loads). In order to obtam data that 

represents an “average” storm event, EPA 

rqulres samples from three separate storm 

events to charactenze the surface water runoff; 

however, the prmlttmg authonty may allow 

eremphons 

§122.~(d)(Z)(ili)(A)(I) For each outfall or 

held screerung pomt desrgnated under ttus 

subparagraph, samples shall be cokcted of 

storm water discharges from three sLorm 

events occumng at least one month apart m 

accordance mfh the requirements at 

513’) 21 fgN;3 (the Dwctor may allow 

exemptions Lo samphng three storm events 

when chmahc condmons create good cause 

for such exemptlons), 

\ 

The cnteria for samphng storm water 

dtscharge are detailed m §122.21@(7), Efluenf 

ChllU7Ctf?%?tiO?l EPA’s Sfonn Waler Sumplmg 

Clrrdance Document addresses these critena. For 

the purpose of thts dlscusnon, a brief synopsis 

of these cnteria foltows: 

l For each outfall or field screerung point 

selected, samples must be collected 

from three separate storm events. 

l The three storm events must be at least 

one month apart 

l Each sampled storm event must have a 

ramfall of at least 0 1 Inch m the 

dralnage area 

l There must be no storm event In excess 

of 0 1 mch m the dramage area for at 

least 72 how-s pnor to the sampled 

storm event 

l The ramfall event should not vary by 

plus or mmus 50 percent from the 

average or median per storm volume 

and duration for the regon. 

EPA understands that climahc condthons 

may make it tiflicult for some municlpahhes to 

sample storm events meeting these crltena. For 

example, storm events may be so infrequent in 

arid and semi-arid areas that sufhaent samples 

cannot be obtained by the application deadline. 

In other areas, storms may be so frequent that 

rt may not be possible to wat the required 72 

hours between storm events. In such cases, the 

appkant should confer with the permuting 

authonty III advance. In instances where 

representahve storm events do not occur pnor 

to the appkahon due date, the muniapahty 

should submit its appkation wth as much 

Information as possible. It should include an 

explanation [cerhfied by a pnnclpal execuhve 

officer or ranlong elected official rn accordance 

wth fj12222(a)(3)1 as to why samplmg data 

were unavilllable. 

The munrcipahty may need to perform 

some ~rubal research and calculation to meet 

the requirements listed above In order to 

determine what constitutes an average storm 

event for the area, the apphcant should contact 

the Nahonal Weather Service or National 

Oceanographic and Atmospheric 

Admmrstrahon’s Nahonal Chmate Center 

Weather data is also available commercially 

and from airports. The apphcant may also 

refer to the mformahon provided In the Storm 

Wakr Sampling Gudance Document. 

5-6 
5.3.3 Narrative Description of Storm Event 

§122.26(d)(2)(ili)(A)(2) A narrative 

descnptlon shall be problded of the date and 

duratton of the storm event(s) sampled, 

rainfall esttmates ot the storm event whxh 

generated the sampled dtscharge and the 

duration between the storm event sampled 

and the end of the pre\lous measurable 

(greater than 0 1 mch rarnfall) storm event; 

Under 5122 26(d)(2)(rrr)(A)(Z), the 

municrpahty must provide a narrahve 

descnphon of each storm that produced the 

discharge to be chemrcally and physrcally 

charac tenzed Such a narrative descnpbon 

must mclude 

l The date and duration of the ramfall 

event that projucej the discharge 

sampled hleasurements descnbmg the 

peak rntensrty of the storm, if awnlable, 

should also be reported, 

l The amount of rarnfall Rainfall 

condlbons mav vary s~@krttly across 

large drainage areas, so ramfall 

charactenshcs should be spatially 

averaged over the dramage area, If 

possrble If more than one rain gauge 

IS used, averages should be reported. 

Ram gauges operated near the dramage 

area by the Natronal Weather Service 

may be used, or the discharger may 

collect this informahon, 

l The bme elapsed smce the last rainfall 

event greater than 0.1 inches. 

Hrstoncal ramfall data from ramfall 

gauges can be used to provide this 

informahon. If a gauge records only 

&uly data, muntctpal field personnel 

could be ashed to provide lnformahon 

on hmes during the day a ramfall event 

began or ended 

5.3.4 Chemicals/Water Quality Parameters 

to be Measured 

The storm water drscharge samples must be 

analyzed for a number of pollutant parameters 

§12226(d)(2)(iii)fA)f3) For samples collected 

and described under paragraphs 

fd)(Z)(ui)(A)(I) and (AM of this sectron, 

quantltahve data shall be provtded for the 

orgaruc pollutants hsted rn Table II, the 

pollutants hsted tn Table Ill ttoxlc metals, 

cyarude, and total phenols, of appendix D of 

40 CFR part 122,pnd for the followtng 

pollutants 

Total suspended sohds fTSS) 

Total drssolved sohds (-IDS) 

COD 

BOD, 

011 and grease 

Fecal cohform 

Fecal streptococcui 

Ph 

Total Kleldahl nitrogen 

Nitrate plus nltntc 

Dissolved phosphoruc 

Total ammorua plus qamc nttrogen 

Total phosphorus 

The complete hst of chemicals IS provided 

In Exh.tbrts 5-2, 5-3, and %. Exhb1t.s 5-2 and 

5-3 are derived horn 40 CFR Part 122, 

Appendix D, Tables U and III, respectively. 

Exhtblt 5-4 comes from the text of the 

regulation (see box above) The EPA-approved 

analysis procedure for the pollutants in 

Exhibits 5-2 and 5-3 can be found m 40 CPR 

Part 136. If a muhlapahty IS seelung approval 

to use an alternah\~e method of analysis, then 

a request should be made according to 

procedures outhned In 417 CFR 136 d 

5-7 
Exhibit 5-2: Pollutants Listed in Table II in Appendix D of 40 CFR Part 122 

Pollutiult P0llllkI0 

Volatllo 

Acrolem 1 2 lkhloropropane 

Acrylorutnle IJ-Rchloropropylene 

Benzene Ethylbenzene 

Bromoform hfethyl brormde 

Carbon teb-achlorIde Methyl chlonde 

Chlorobm.rene Metbylene chlonde 

Chlor~bromomethane 1,122.Te~chloroethane 

Chloroehne Tetzxhloroethylene 

2 Chlor~Whlvvmyl ether Toluene 

Chlorofsrm 1,2-trans-D~chloroetJ#me 

D&dorobr~momethane l,l,l-Tnihloroethane 

1.1 ~chlor~oethane 1,1,2-Tnchloroethane 

I.2 Dxhlorwthm* Tnchloroethylene 

I 1 -[h~loroethykne Vuryl chlonde 

Ba5cfNeutral 

Aiemphlhenc Dwthyl phthalate 

Acenaphthrkne Dunethyl phthalate 

Anlhraczne DI n-butvl phthalate 

B~!lZldlIW 2 -LDuuh~toluene 

B~wo~a~anth~a~ene 2,6-duuuotoluene 

Benz&a bpyrene Dm-octyl phthalate 

3.S-t~nzarlunranthcn~ IL-drphenvlhbdrm? (as 

BcIL’~J~;~I Ipervlene azotwizenel 

Benzoilr~tluoranthene Ruoranthene 

Blsl2 chlorw~.I~o~~ ,rnethme Fluorene 

B~~~?thlw~&~Ikth?r Hexachlorsbenzene 

Baf2-chlJrorsJprJpyllerher Heraihlorobutxhene 

Ba(?-eth~lhezyllphthalale Hexachkmcydopentme 

Sbromophenyl phen) I ether Hexachloroethane 

Butt lbenzyl phthalak lndenol!,2,3xd)pyrene 

2-Chloranaphlh&nc lsophor-me 

4-Chlorophenbl phenyl ether Naphthalene 

CXtqwne fUultr&enzene 

D~benzda hranthracene N-rutrosodunethylae 

12 fkhlorobenzene N luhowxh-n-propylamine 

13lkhlcwbenzene N-rulmsodqz+henylamme 

1.1~chlorobenz.ene Phenanthrene 

3$ -Ihchlorobenu&ne pyrene 

1.2.Ctnchlorobenzene 

Arid Compounds 

2 Chlorophensl 

2,4-bihlorophenol 

2.4-Dunethylphenol 

4.MIlrub-esol 

Z.CDuutrophenol 

2-Nltrophenol 

CNwophenol 

p-allorwlurewl 

Pentachlorophcnol 

Phenol 

2.4,6-Tnchlorophenol 

Pestmdea 

Aklrln Enh 

Alpha BHC Endnn aldehvde 

Beta BHC Heptachlor 

Gamma BHC Hepkhlor epcxxie 

Ddta-BHC PCBIW 

Chlordane PCBl25-I 

4 4’.DDT k-51221 

44 DDE IYE 

4,4’-DDD PCB I248 

Dlddnn K;B1?60 

Alpha-endowlfan PCB 1016 

Befa-endosulfan ToNaphene 

Endosulfan sulfate 

5-8 
Characten=ilhon Dota 

Exhibit 5-3: Pollutants Listed in Table III in Appendix D of 40 CFR Part 122 

Pollutult I PoUUtant I Poltutant 

Anbmony, total CoppeL mill 

Arseruc, total Lad, total 

t!ieryulum, 1otal Mercury, total 

cadmlllm, total Ndd, total 

chroLnlun, total !selenlum. total 

sliver, total 

Thanlum. total 

zuls total 

Cyarude, total 

Phenols, total 

Source 40 CFR Part 122, Appendix D 

Exhibit 54. Conventional Pollutants Listed in Section 122.26(d)(2KiiNA)(3) 

Total suspended soMa 0 

Total dissolved s0hd.s ITDS) 

COD 

BOD, 

011 and grease 

Fecal cohfom 

Fecal saeptm 

Pouutult 

PH 

Total Kpldiihl nkroogen 0 

NItrate plus nitite 

Dssolved phosphorus 

Total ZdNllOlda phlS Organic NtrO@ll 

Total phosphorus 

’ TohI ammorua plus orga~c rubogen ~9 interchangeable with m 

Source 40 CFR 122 26td)(2Nu)(A)O) 

Secbon 12221(g)(7) specrties that certain 

pollutant parameters wrll be analyzed on grab 

samples taken from the outfall, whereas the 

remainder of the pollutant parameters require 

that composite samples be taken from the 

outfall These types of samplmg procedures 

are drfferenuated as follows: 

Grub samples- dtsclrete, indrvidual samples 

taken within a short period of hme b.~sually 

less than 15 minutes). Analysis of grab 

samples characterizes the quahty of a storm 

water drscharge at a given time of the 

drscharge. The following measurements must 

be made from grab samples: 

. PH 

l Temperature 

l Cyamde 

. Total phenols 

l Restdual chlortne 

l OII and grease 

l Fecal cohform 

. Fecal streptococcus 

Note that measurements of temperature 

and pH must be taken in the field to avoid 

tune-dependent changes that may occur 

between sampling ume and actual anafyses 

Fluw-mghted wmposlte samples: smgle urut 

volumes composed of a mixture of samples 

coliected proporhonal to flow throughout the 

enttre runoff event or at least for the first three 

hours of the storm water event, If it lasts more 

than three hours. The flow-welghted composite sample must consist of at least three 

drscrete alrquots per hour from the storm water 

discharge, or a conhnuous sampler may be 

Used. 

All parameters (see Exhrbits 5-2, 5-3, 54) 

not hsted under the descnphon of grab 

samples above must be analyzed from flows-9 
Characten=at~on Data 

welghted composite samples Details on talung 

flow-welghted composite samples may be 

found m the EPA S/or-m Wafer Sumphg 

Gurdance Document. 

5.3.5 Additional Quantitative Data 

*bon 122 26(d)(2)(m)(A) concludes ~th a 

provlslon that allows the permlttmg authonty 

to request addlbonal quant&ttive data if 

necessary to determine permit condlhons. 

5122 26 (d)(D(iii)fA)M) Addltlonal lmuted 

quantltahve data requued by the Duector for 

detemg permit condlhons (the Dmcbr 

may requue that quantitahve data shall be 

pro\qded for addihonal parameters, and may 

estabhsh samphng condthons such as the 

locahon. season of sample cuktlon, form of 

preapltahon (snow melt, rainfall) and other 

parameters nece-ssary to msure 

reprexntahveness), 

To ensure the storm water d&charge system 

IS accurately represented, the permlthng 

authonty may require that quantitahve data 

Include addltlonal parameters and may 

estabhsh specdlc samplmg condlbons, such as: 

l Location where the sample 1s taken; 

l Season of sample collecbon; 

l Form of preclpltahon (snowmelt, 

ra nfall 1; 

l Evidence of impact to aquatic 

ecosystems, or 

. Other parameters necessary to ensure 

the system IS accurately characterized.. 

The data genera ted from the quahtabve and 

quanhtabve analyses desc&ed under 912226 

(dU)(iii)(A) r\lll be Used to calculate the 

annual pollutant loads and event mean 

concentrahons for each pollutant as desalbed 

In subsequent parts of t.h~s sechon Eshmates 

of annual pollutant loads and event mean 

concentrations would then be used to assist m 

estabhshmgstorm water management pnonbes 

and selectmg BhlPs 

5.4 ESTITHATION OF SYSTEM-WIDE 

EVENT MEAN CONCENTIGITIONS 

AND ANNUAL POLLUTANT LOADS 

The applicant must submit estimates of the 

event mean concentration and annual pollutant 

load of the cumulahve discharges to waters of 

the Uruted States from all ldenhhed murucipal 

outfalls. 

§U2.26(d)(Zl(iiib(B) Esttmates of the annual 

pollutant load of the cumulatrve discharges to 

waters of the Uruted States f-ram all ldentlfied 

muruapal outfalls and the event mean 

concentration of the cumulahve discharges to 

waters of the Unlted States from all ldentlfiecl 

mumopal outtalk dunng a storm event (as 

described under 5122 21 Q3,0, for BOD, 

COD, TSS, dmolved sohds, total mtrogen, 

total ammoma plus organic nnrogen, total 

phosphorus, dissolved phosphorus. cadnuum, 

copper, lead, and ZUIC Estunates shall be 

accompamed by a descnptlon of the 

procedures for eshmahng conshtuent loads 

and concentrations, mcludmg any model@, 

data analysls, and calculation methods, 

Esbmates of annual pollutant loads will be 

somewhat imprecise; however, muruapahties 

should exercise best professional ludgement in 

deriving these eshmates A description of what 

assumptions were made to derive pollutant 

loadmgs must be included. 

Under §122.26fd)(2)(iii)(B) (see box above) 

applicants must provide the following: 

l Estimates for the event mean concentration for pollutants hsted m Exhibit 5-5 

below, which can be used to eshmate 

the annual pollutant load associated 

with all munrclpal outfalls ldenhfied 

under 5122 26(d)(l I(m) and (d)(2)(h); 

S-10 
Chrracfenzuhhon Dala 

l A descnphon of the procedures for 

eshmatmg conshtuent loads and 

concentrahons, and 

l Details on data analvsls, models used, 

and calculahon methods 

Data sources and procedures that munrapal 

apphCank may use to estimate event mean 

concentrahons and annual pollutant loads of 

the cumulahve discharges are discussed below. 

The primary purpose for estimahng annual 

pollutant loads and event mean concentrahons 

IS to assign pnonhes for Implementmg BMPs. 

Mwc~pal~hes should consider the magrutude 

of mdlvldual pollutant loadmgs when 

asslgrung pnonbes to resources to reduce these 

loadings The areas recelvrng the highest 

pnorlty for lmplementahon of BMPs ~111 be 

those portlons of the MS4 that appear to 

contribute the largest load of poth&UIk to the 

system Therefore, it IS the relahve value of 

these calculahons that IS of importance Hrlthm 

ths regulahon, not the absolute value 

Over brne the accuracy of the available 

methods to calculate loads and concentrahons 

~111 improve and the use of these eshmates 

may assume a larger role In determmmg 

permit con&bons and eshmahng the success of 

the comprehenslve muruclpal storm water 

management program The emphasis for now, 

however, IS on the apphcahon of the most 

practicable methods to reasonably estunate 

annual loads and event mean concentrations. 

5.41 Data Sources 

The Part 1 appllcahon requires 

mumclpahhes to submit alI exlshng storm 

water sampling data, along with all relevant 

water quality data, sdment data, hsh hssue or 

other blosurvey data taken over the past IO 

years. All hrstoncal data must accompamed by 

a narrative descnphon of the watershed served 

by the outfall from whxh the data are 

obtwned, a descnphon of the samplmg and 

quahty control program, and the morutonng 

kahon of the recavmg water 

To eshmate an annual pollutant load for a 

grven pollutant, a value must be denved for 

the average concentrahon, or event mean 

concentrahon, of that pollutant. To denve this 

value, apphcank may use either site-spe&x 

data, or data from a national or reg10na.l study, 

such as NURP. 

Muuc~pal~hes ~th adequate tustoncal data 

may choose to use these data to eshrnate 

annual pollutant loads III the Part 2 applicahon. 

However, many apphcants may not have 

enough site-specrfic data to develop valid 

eshmates These applicants may choose to use 

genenc data (e.g., from regional and nabonal 

studles), such as the data provided in the 

NURP study. The NURP studys esbmated 

range of detected concenhahon for specific 

pollutank IS summarized in Etiblt 54. 

Exhibit 5-5: Pollutants for which Event Mean Concentrations 

and Annual Pollutant Loads Must be Calculated 

Pstimbnt 

BOD, 

COD 

Tss 

Dldolred 5ok& 

Tod nitrogen 

TsraI ammom plus ocga~c nitrogen 

Toal phosphorus 

, Dmolvad phosphorus 

Gdmum 

CoPper ILead 

i!UK 

5ource 40 CFR I?2 W~KJ~I.U~B~ tS5 FR 48OT0, November 16,lW) 

5-11 
Exhibit 5-6. NURP Study Range of Detected Concentration for Specific Pollutanb 

$12 
The apphcant should be aware of 

limitabons associated wlh data from nahonal 

and reglonal studies before deciding on 

methods to estimate pollutant loadmgs In 

some cases, it may be more appropnate to use 

any avallable site-speclhc data rather than data 

from nahonal or regional stu&es. For example, 

the NURP study did not collect pollutant 

concentration data from mdustrlal areas. In 

ths instance, even limited site specific 

concentration data from mdustnal areas may 

be more mearungful. 

EPA encourages apphcants to seek data 

from a variety of sources to better charactenze 

the quahty of thmr storm water discharges. 

Regardless of the data source, a description of 

the procedures for estimating constituent loads 

and concentrabons, indudmg any modeling, 

data analysis, and calculahon methods, must be 

included 

There will be a degree of uncertamty 

associated with estimabng pollutant loadmgs in 

the Part 2 application The reqturement to 

calculate pollutant loadmgs and concentrations 

IS intended to be a planrung and screening 

effort to assign program pnonhes, and not 

necessanly to determme absolute values. 

5.4.2 Event Mean Concentrations 

Event mean concentrations CC, m Equation 

1 on page 5-16) are determmed from analyses 

of flow-weighted composite samples collected 

from each of the designated field screening 

points. Section 2 24 of the Storm Wuter 

Sampling Guufance Document describes 

procedures for collectmg flow-weighted 

composite samples (EPA, 1992a). Concentration values must be reported in the applicanrs 

Part 2 Permit Apphcahon for each 

representahve storm event sampled. The 

applicant should report the average of these 

results as the event mean concentration for 

each parameter measured Municlpallties are 

encouraged to present data In a tabular format 

HoweLrer, the applicant has flexlbllity to 

present the data In other ways, proiqded the 

data IS clearly presented. 

As stated pre\iously, applicants must 

sample storm events for at least three hours, or 

for the entire storm event if It lasts less than 

three hours If a storm event lasts more than 

three hours, the apphcant may choose among 

three approaches for calculating the event mean 

concenbahon of the storm First, the appltcant 

may report the event mean concentrahon for 

the first three hours of the event (or longer, lf 

the apphcant monitored more than three 

hours). Second, If the apphcant has data 

available on the correlation between flow and 

concentration which allows it to be more 

specific about the event mean concentrahon, an 

estimahon techxuque may be used to derive the 

event mean concentration. If the applicant uses 

such an eshmalion technrque, the methodology 

must be explamed Thu-d and hnally, the 

apphcant may morutor the enbre storm event 

and report the actual event mean concentration. 

mchever approach the applicant uses, the 

same method should be used to derive event 

mean concentrahons in the future. This will 

assist the applrcant m ldenhfymg meanmgful 

trends m changes in event mean concenhahons 

over time. 

5.4.3 Annual Pollutant L.oadings 

Muniapallhes may choose from a variety of 

acceptable procedures for eshmating the annual 

pollutant loads of the cumulative discharge. 

llus guidance contains an example of 

calculating theannual pollutant loads using the 

“simple method,” whch is adapted from 

Schueler (1987). The guidance also discusses 

some dynamic models that applicants may 

wish to employ. 

Regardless of whch method applicants 

choose, they must descnbe and document the 

SpeaflC techque used. The description 

should include (but 1s not limlted to) the key 

equahons used to calculate reported values, 

such as. 

l Assumphons for selectmg site-specific 

parameters (e g., runoff coeff ments), 

5-13 
. References to any source documentation (e g , previously completed studies 

or reference textbooks), and 

l Jushhcahon for any assumed parameter 

values 

The Simple Method 

The followmg method of compubng 

pollutant loadmgs 1s referred to as the “simple 

method” and IS adapted from Schueler (1987). 

For purposes of sahsfymg Part 2 applicahon 

requirements, the simple method provides a 

quick and reasonable eshmate of pollutant 

loadmgs with a mlrumal amount of data 

reqlured Although the regulabons requn-e a 

system wde (cumulabve) annual pollutant load 

calculabon for each of the pollutants Ned in 

Exhblt 5-5 (above), the single pollutant load 

values provide lImIted insights into potenhal 

problem areas and what BMPs nught yield the 

best results. Consequently, the mumcipahty 

may want to consider usmg the sunple method 

to estimate “mdl\ldual” pollutant loadmgs from 

dramage areas The mdlvldual pollutant 

loadings can be aggregated to derive a 

cumulabve annual pollutant loadmg for the 

enhre MS4 In the procedure below, for 

example, Step 1 computes the annual loading 

for each outfall of the MS4 Then m Step 2, 

the resulhng pollutant loadmgs are summed to 

denve annual pollutant loads on a perwatershed basis In Step 3, the annual 

pollutants loads tor each watershed are 

summed to derive a system-wide annual 

pollutant load. 

As staled above, GUS procedure IS only one 

example of how a muruclpahty could calculate 

a system-wide annual pollutant load. 

Eshmates of annual pollutant loads for 

mdlvldual outfalls, watersheds, or other 

discrete areas are not speclflcally required by 

the fegulauons However. munlclpahlles ~111 

find such eshmates helpful In makmg relahve 

comparisons among dlfterent areas of the MQ 

~~lhmatelv, these eshmates could assist the 

muruclpallhf ~th selechng BMPs and asslgrung 

pnorthes to potenhal problem areas 

Step 1: Use the Simple Method to 

Calculate Annual Pollutant Loads on a 

Per-Outfall Basis 

The first step in thus example is to calculate 

annual pollutant loads for mdlvldual outfaIls. 

However, the applicant may choose to begm by 

calculahng annual pollutant loads for each 

watershed or other discrete area. As stated 

above, this example uses the simple method, 

wluch is given by the follomng equation: 

EQUATION 1: 

where: L, = AMU~ pollutant load 

(Ib/outfall/yr) 

P = Annual preclpltahon (In/yr) 

CF q Corrtion factor that adjusts 

for storms where no runoff 

occurs (a value of 0 9 is 

typIcally used) 

Rv, = \Velghted-average runoff 

coefficient for the are? served 

by the outfall (the cakulahon 

of runoff coefhclents IS 

d lscussed below) 

C, = Event mean concentration of 

pollutant (mg/L) 

A, = Catchment area (acres) 

The numbers 12 and 272 are conversion 

factors that account for urut conversions. 

Each of the parameters In Equabon 1 is 

defined below: 

l Annual pollutant load is the total 

amount of a speafic pollutant 

discharged m pounds per hme period 

(in ths ca.se, per year) for the parhcuku 

segment of the MS4 bemg modeled (in 

tlus case for each outfall) PollutanC 

loads may also be evressed for 

altemahve time penods, or on a 

system-wide or watershed basis 

S-14 
. Annual precipitation 1s the total Inches 

of rainfall occurnng in a single year 

plus the conh-rbuhon of snowmelt 

Eshmates of the annual rainfall can be 

based on the ranfall data provided u-r 

Part 1 of the applicahon 

l Correction factor IS an adjustment 

factor for the number of storm events 

that do not actually produce any runoff 

(i.e., the percentage of storm events that 

have a total accumulahon greater than 

a speahc threshold value). This value 

wll vary by regon. WIthout thlS 

adlustment factor, the municipality 

would be assummg that all storm 

events produce runoff, which may or 

may not be the case. A typical value 

for this correction factor 1s 0.9 (90%). 

However, this value can vary between 

climatic regions. Municrpalihes should 

review hrstoncal ramfall data to 

eshmate the percentage of storm events 

that produce runoff versus the number 

of storm events per year. 

l Weighted-average runoff coefficient IS 

a relahve measure of Imperwousness or 

the percentage of ramfall that becomes 

surface runoff Runoff coeffraents are 

a function of the type of surface, 

rntensrty of the rainfall, the degree of 

so11 saturation and storahvrty (storage 

capaaty) of the solI. To deterumne 

runoff coefhaents, the mumapality 

may use Equahons 2 or 3 (which 

follow). Akemahvely, the muruapahty 

may use actual held measurements, 

relevant hydrologc studies, average 

values pubhshed m cavil engmeermg 

reference manuals, or default values 

provqded n-r Exhrblt 3-12 of EPA’s 

NPDES Shmn Waft-r Samphg Gwhnce 

Dxument 

l Event mean concentration of pollutant 

IS the event mean concentrahon value 

for the specific pollutant determined 

from the analysis of flow-wetghted 

composite samples. Equabon 1 

requrres a value for each pollutant 

concentrahon As drscussed pre\lously, 

the apphcant mav use site-speahc 

concentratron data (e g , storm lvater 

samphng data) or genenc (e g , NURP) 

data to denve event mean concentrations In other words, the appiKXit 

should use best professional tudgement 

to decide wluch of the followmg 

concentrahon values to use 

- a mean concentrabon value from 

the NUTW study; 

OR 

- an average of all event mean 

concentrahons from all samples 

over three representahve storm 

events; 

OR 

- an event mean concentra~on 

attnbutable to a speck land use 

achvlty 

The applicant ~11 have to consrder the 

extent of the vanabrlrty of the data 

when selecting an approprrate 

concentration value. NURP or other 

regional studies used to eshmate 

pollutant concentrahons can be 

compared to exrshng site-specific data 

in order to assess the uncertainty 

associated with genenc approaches. 

l Catchment area 1s the 92.42 of the 

drainage area for the particular 

segment of the MS4 being modeled (in 

thus case, the outfall drainage area). 

Areas that are served by combmed 

sewers or that are not otherh7se served 

by the MS-I should not be Included 

Weighted-average runoff coeffrclent. Runoff coefficients can be based on flow measurements or estunated from land use characterishcs. In order to iletennme an average runoff 

coeffrcrent for an area wrth a diversity of land 

5-15 
5-16 

use acttvllbes, the followmg equation should be 

used to estimate a weighted-average runoff 

coeff rcren t 

D = Populahon density 

(persons/acre) 

EQUATION 2 

where. Rv, = Werghted-average runoff 

coefficumt 

.\ = Catchment area (acres) 

R, = Catchment runoff coefhaent 

As an alternative to Equation 2, Equation 3 

can be used to eshmate wetghted-average 

runoff coefhclents from percent imperv7ousness 

data (Shelley, 1936) 

EQUATION 3 

Rv,=005+0009*1 

where. RP, = \Verghted-average runoff 

ioeffrcrent 

1 = Percent rmpervlousness 

The percent rmpeniousness can be 

estimated from land use data Restdentlal land 

can be assumed to be 24% ~mpenious, 

commercial land 75% tmpervrous; mdustnal 

land 55% rmpervlous; and open space 15% 

Impervious The percent impervrousness of 

resrdenhal land was esttmated from the 

followmg empu-rcal equahon of NLRP and 

USGS data, which relates populahon density to 

percent rmpemiousness 

EQUATION 4 

where I = Percent Imperviousness 

Slmrlar to Equahon 1, rndlvldual 

parameters for Equahons 2, 3, and 4 can be 

used on a system-wde bawls, or modrfied to 

reflect more realisttc con&hons wltmn smaller 

or discrete segments (e g , mdrvtdual 

watersheds or outfalls). 

Step 2. Use the Per-Outfall Annual 

Pollutant Loads to Calculate PerWatershed Annual Pollutant Loads 

If the sample method IS used to compute 

the annual loading on a per-outfall basis, 

Equation 5 may be used to estimate annual 

pollutant loadings on a per watershed basrs. 

The approach of compuhng pollutant loadrngs 

on a watershed basis IS used by some counties 

where larger watersheds are segregated Into 

smaller watersheds or dramage areas on the 

basis of srmrlar land use desrgnahons One 

county uses th!s method in conpnchon wtth 

forecasts of future development hlt.hm the 

county to develop prehmmary eshmates of 

future pollutant loadmgs Tlus approach 

mrrumtzes the posstbrhty of computmg an 

annual pollutant loadmg that IS too 

conservahve. 

EQUATION 5 

Lw=C L, 

where: L, = Annual pollutant load for a 

parhcular watershed 

n, = Summation of mdtvldual 

annual pollutant loadings 

from all major outfalls witlun 

a speclhc watershed 

Step 3: Use the Watershed-Based Annual 

Pollutant Loads to Calculate System-Wide 

Annual Pollutant Loads 

To calculate the annual loadmgs systemwade, use the follo~\lng equation 
EQUATIONS 

Ln=C Llv 

where L, = Annual pollutant load for 

an enhre MS4 

EL, = Summation of indiwdual 

annual pollutant loadings 

from all watersheds within 

a muruapal separate storm 

sewer system 

Dvnamlc Models 

In mstances where a municlpahty has a 

slgmficant amount of historical data for the 

dramage areas servmd by storm sewer 

outfalls, mcludmg hstorical precipitabon data 

and recel\mg water concentration and flow 

data, the hlS4 may elect to use dynamic models 

to derrve pollutant loads and to analyze the 

effects of MS4 &charges on recelvmg waters. 

Dynanuc models are deslgned to calculate 

a complete probablhty distribution for the 

output being modeled Therefore, dynamic 

models take mto conslderahon the inherent 

vanabIlIty of data associated mth MS4 

discharges, such as variations in concentration, 

flow rate, and runoff volume 

computmg pollutant loadmgs, a number of 

models are available mcludlng EPA’s 

Stormwater Management Model WVhlhfl and 

Hydrologic Simulation Program (HSPF), U S 

Army Corps of Engineers’ Storage, Treatment, 

Overflow, Runoff Model (STORhi), and lllmols 

State Water Survey’s hjodel QILLUDAS (or 

AutoQI). 

Regardless of the method employed, the 

applicant must document how pollutant 

loadings are derived Apphcants must provide 

estimates of annual pollutant loads and event 

mean concenh-ahons for each outfall with thar 

Part 2 applications. However, some outfalls 

will need to be more completely characterized,, 

and conditions will change after the permit IS 

approved. This IS one reason why, as 

described in %chon 5.4, data collecbon will 

conhnue throughout the term of the pernut. 

Eshmates of the mdivldual contribution of 

pollutanl loadmgs for each watershed or major 

outfall will help the applicant select pnonhes 

for specific watersheds. 

5.5 PROPOSED SCHEDULE FOR 

SEASONAL LOADS AND 

REPRESENTATIVE EVENT MEAN 

CONCENTRATIONS OF MAJOR 

OUTFALLS 

One benefit of using a dynamic model is 

that the calculation of a complete probability 

dlsmbution allows the modeler to consider a 

mulhtude of “what-if’ scenarios. For example, 

when sufficient historical data IS available, the 

modeler could consider the benehts and risks 

associated with alternative BMP strategies. 

~12Z.WdMUi)(0 A proposed schedule to 

provide estimates f6r each mapr outhll 

identified UI ather paragraph (d)(ZNr) or 

(d)(l)(M)(B)(I) of tlus -on of the seasonal 

pollutant load and of the event mean 

concentration of a representatwe storm for 

any conshtuent detected U-I any sample 

requimd under paragraph (d)(ZMul)(A) of this 

WChOn; 

Dynamic models have one addtional 

beneht over steady-state models in that 

dynamic models determme the enhre discharge 

concentration frequency dlstrlbution. 

Consequently, tlw would enable the modeler 

to examme the effects of storm water 

discharges on recelvlng water quahty m terms 

of the frequency by which water quality 

standards may be exceeded For purposes of 

Seasonal pollutant loads are unportant 

because they are a more accurate represent&on 

of loadings that may occur dunng a short time 

interval. To further refine the annual pollutant 

load estimates, Part 2 requires the applicant to 

propose a schedule to estimate seasonal 

5-17 
Characfmrotm Data 

pollutant loadings and event mean 

concentrations for each major outfall 

The quahty of the data avalable when the 

Part 2 apphcahon is prepared w111 affect the 

accuracy and usefulness of the inihal estimates 

of pollutant loadings and average 

concentrahons These estimates can be 

Improved as more site-specific data are 

collected durmg the term of the permrt. A 

long-term site specAc morutoring program wrll 

capture the vanability in data that is essential 

to estimate more accurate pollutant loadings 

over time. Therefore, the impacts assocrated 

wrth these loadmgs can also be estimated with 

greater certamty. In addttion, a site specrfic 

record collected over a longer hme frame 

allows the effecbveness of the comprehensive 

municipal storm water management program 

to be evaluated 

Eshmates must be subrmtted for any 

contammant detected m any sample requtred 

under the Part 2 samphng effort &122.26(d) 

(2)(111)(8)1. Seasonal pollutant load estimates 

are required for any pollutants hsted In 

Exhrblts 5-2, 5-3, and 5-4 that were detected 

durmg the samphng procedure described in 

!Sechon 5 3.4. Therefore, the analyses requrred 

for seasonal pollutant loads wil1 potenhahy be 

more comprehenstve than the analyses of 

annual pollutant loads Tlus results from the 

possrbtltty that addthonal pollutants wtll be 

detected as part of the storm water 

charactenzahon studies. 

In some regtons, precrpitation patterns vary 

signtficantly from season to season, resulting in 

stgruficantly different pollutant loadmgs 

throughout the year. In arid and semi-arid 

parts of the country, pollutants accumulate 

during dry spells, resulbng in slgnificantiy 

higher pollutant concentrahons m storm water 

dbcharges after extended dry weather 

E&ause of the butldup of accumulated 

pollutants, pollutant concentrattons In 

discharges from IV!% are typtcally kghest 

during &he “first flush,” or ItUhal dtscharge 

In other regions, pollutants that accumulate 

m snow may lead to hrgh pollutant concentrations n-t runoff from the sprmg thaw 

Therefore, using an annual average pollutant 

loadmg might dtsgurse the Impact of shock 

loadings (discharges that occur wlthm a very 

short time penod and which often exceed acute 

towclty critena) of certam p0llutant.s. 

Numerous factors contribute to the total 

volume of snowmelt IWlOff including 

shortwave and longwave radiatton, 

condensation or vaporizahon, convected heat 

transfer by wind, heat content of rain water, 

and conduchve heat transfer from the ground. 

Therefore, for regtons with srgruhcant snowfall, 

pollutant loading estimates need to be adlusted 

to account for the additional volume of runoff 

attnbutable to snowmelt. 

Since snowmelt runoff can occur in ather 

the presence or absence of a storm event, the 

computation of seasonal pollutant loadmgs 

becomes significantly more complex The 

determmation of total snowmelt runoff, 

however, IS beyond the scope of ti manual. 

Affected municipal&es are encouraged to 

contact the U.S. Geological Survey or the Army 

Corps of Engineers for tustoncal data on 

snowmelt runoff. 

The effects of pollutant load can also vary 

by season Nutrient pollutant loads from storm 

water discharges can promote algal blooms in 

receivmg waters durmg the sprmg and 

summer, but they may be of httle consequence 

durmg winter in surface waters with good 

flushing characteristics. Quanhfying seasonal 

variahons in pollutant loads may aid the 

development of more cost-effective storm water 

management programs. 

Pollutant loads also may vary significantly 

from one outfall to another. Within a dramage 

area, the type of land use, the percent of 

surface that IS rmpervxous, and the extent of 

exposure of storm water to contaminants affect 

the pollutant load from an outfall. Procedures 

for eshmahng seasonal pollutant loadmgs must 

be proposed for major outfalls only 

5-18 
ChurnCtmalOn Data 

Under §12226(d)(ZI(ul)(C) the regulahon 

r~pres a schedule to provrde eshmates of: 

l The seasonal potlumt load for each 

ldenhhed mapr outfall. 

l The event mean conca\trahon of a 

representahve storm for any constituent 

detected m any sample required. 

The following steps can be taken to devdop 

a proposed schedule for estimating seasonal 

loadings at mapr outfalls 

1. Use historical or long-berm hydrologic 

data to define seasons. 

2 Desd3etheprocedurebobeusai.to 

eshmate -nal loads. This could be 

an adapbon of tk simple method or 

another mathematical model used for 

annual loads (e.g., instead of using a 

total annual ramfall arrumulation, use 

an average rainfall accumulation 

assodated wth a specific season). lf 

the simple method is used, the 

munkqx&y could still use Equation 1. 

However, the amount of rainfall 8) 

would no longer be an annual value. 

Instead, it would be the amount of 

rainfaUassociatedwithaparUchr 

season defined by the municipality. In 

addition, the appbnt may have to 

adjust the average runoff c&fWnt to 

reflect sewnal dtangu (e.g., from 

ground can behave Ike an irnpcrviour 

surface axI substantMly m tk 

amount of runoff). Lastly, mlb6bnbl 

dlff- in tiw fraquency and 

duratron of seasonal sbnn events may 

increaw or decrease the amection 

factor CT (e.g., during a dry swan, th 

number of storms that actually produce 

runoff may be substantially lower than 

dunng a wet w&her season). 

3. Identlfy data &men& that need to be 

rehned. inGEJBWherethE?RiS 

SUbsMhal seasonal variation, nvised 

runoff coeffiaent values may be 

necessary For example. dumg ramy 

seasons, ground surfaces are more 

saturated than dunng the dry season 

As a result, the same amount of runfall 

mthewetseasonHrll.lleadtoagreater 

volume of storm water runoff than m 

thedryseason. 

4. Proposed procedures for collechng the 

appropriate data or otherwise 

improving estimam. 

5. Provide an approximate time frame for 

data coktion and subuussion of 

season&load estimates. 

Proposed procedures for estimahng 

S3isorial @lutant loacbngs and event mean 

concenuaUons should explain when and how 

data used for the abmabcs will be obtamed. 

The data can be based on sibspedfic 

mformation, or they can k obtained from 

muNdpal systems mth SKnilar dYiaractensda 

blxh as Regional NURP data). 

5.6 COLLECTION OF REPRESENTATIVE 

DATA FOR PROPOSED MONTTORXNG 

PROGRAM FOR THE TERM OF TKE 

PEM 

Under ~12226(dK2MiiXD), applicants are 

given the oppmunity to propose monitoring 

programs to be carried out during the term of 

mpamit 

Applicanb should consider th speafic n&s 

and identify pnonhe for the proposed 
morutonng program After recelwng the Part 2 

dppkahon, the permitting authority b-111 

review propod morutonng program5 and 

make appropnate adjustments when estabhshmg pernut condrhons 

The appltcant must propose a monltormg 

program for representahve data coll~Qon for 

the term of the permit that describes 

l The locabon of outfalls or field 

screenmg pomts to be sampled (or the 

locahon of mstream stahons); 

l Why the locahon IS representative; 

l The frequency of samphng; 

l Parameters to be sampled, and 

. A descnphon of sampltng equpment. 

Muruc~pahhes must submit sampling data 

over the hfe of a pernut so that changes In 

storm water qua&y can be assessed Lrke 

mhal sampling data, the data from an ongomg morutormg program can be used by the 

murucrpalrty to allocate resources to achreve 

redution In pollutants The motutonng data 

wtll also serve as an envtrorunental m&cator of 

the success of the storm water management 

program. Many munrapahhes may require an 

extended penod of time (possibly the entrre 

pernut term) and substanhal data to 

defmmvely evaluate the effectiveness of a 

storm water management program. Therefore, 

a plan for data collechon must be proposed by 

the munrclpahty for the five-year term of the 

pen-rut. Dunng the permit term, the results of 

the monrtonng program w11l be submitted m 

the muruapaIity+ annual report [~122.42W(4~, 

discussed m Sechon 7.3 of thrs gutdance]. 

56.1 Goals of a Monitoring Program 

The fust and most Important step in 

developmg a proposed morutonng program IS 

to define the program’s obvves as clearly as 

possrble Development of momtonng program 

goa.ls should be closely coordmated with 

development of the proposed storm water 

management program Applicants are requued 

to propose morutonng programs as part of 

therr proposed management programs to 

reduce pollutants from mdustnal site runoff. 

The morutonng plan Ls part of ChorPctenz~ahon 

Dutu I5122 26(dNZ)(uu)J. The storm water 

management program 1s discussed in Sectfon 6. 

A comprehenslve morutoring program 

should be designed to support specific goals, 

includmg 

l Charactenzmg drscharges; 

l Evaluahng the source of specific 

pollutants, 

l Evaluating the performance of specific 

source controls; and 

l Identifying the full range of chemical, 

physical, and btologcal water quahty 

Impacts. 

5.6.1.1 Characterizing Discharges 

Morutonng pollutants In drscharges from 

MS4s serves several purposes. Quantrtahve 

data on sp~~hc pollutants tn storm water 

runoff can support estimates of annual and 

seasonal pollutant loadmgs and modellmg 

efforts to identify the magmtude of water 

quality impacts. Over the long term, 

morutonng data may suggest that new outfalls 

should be selected for sampling As muniapalthes gain experience in storm water sampling, 

they likely will target BMPs that a&eve the 

greatest Improvements in storm water quality. 

5.6.1.2 Evaluating the source(6) of 

spedfic Pollutanta 

Some sources of storm water (e.g., 

mdustnal sources that must be covered by 

NPDES permits, highways with heavy traffic 

flows, and Large parlang lo&) are expected to 

generate s~gn~hcantiy higher concentrahons of 

pollutants than typical urban runoff. 

!vforutonng efforts to quantify sources of 

5-20 
pnorlty pollutants can pro\lde support for 

resource allocahons to address pollutant 

sources posmg the greatest emlronmental risk 

How proposed morutormg efforts w11l be 

structured to Identify and quantify pollutant 

sources should be dlscussed In proposed storm 

water management programs. 

The monitonng program may also include 

procedures to conduct dry-weather momtoring 

over the term of the permit to help detect ilhat 

discharges and improper dumpmg. 77~s can 

include recording vrsual observations and 

odors observed m dry weather flows. 

5.6.1.3 Evaluating the Performance of 

Specific Controls 

Pollutant removal efhcienaes are fairly well 

known for certam structural BMPs. However, 

samphng may shll be necessary to ensure that 

the BhlP IS meebng ongmal design 

expectahons The expected pollutant removal 

efficiency for a structural control must take into 

account site-speafic condlhons For example, 

an infiltrahon basin has a certam expected 

pollutant removal efflaency, but actual field 

efhaency IS atiNted by subsurface so11 

condlhons and the extent and frequency of 

mamtenance 

The - efficiency of a parhcular struchu-al 

control w11l be affected by many factors, such 

as detenbon hme. However, efforts to 

determine the efficiency of structural controls 

must include conslderahon of pollutant 

concentrahons and flow volumes into and out 

of the control. The efhaency of nonstructural 

source controls can be characterized by 

comparmg discharges at a gven locahon before 

and after the control measures are 

Implemented. mer time, sufhclent monitormg 

data may be gathered to draw substantive 

conclusions about the effechveness of certain 

Bh4I’s. Alternahvely, dscharges from a 

sampling site r~~th source controls can be 

compared with dlscharges from a sumlar site 

that la& source control5 Efforts to morutor 

tht! effechvenesss of controls should be closely 

coordmated with the assessment of control 

efheennes dlscussed In Chapter 7 

5.6.1.4 identifying the Full Range of 

Chemical, Physical, and 

Biological Water Quality Impacts 

Charactemmg the effect of storm water 

discharges on water quahty IS complicated by 

a number of factors. EPA recommends an 

integrated approach to assessing water quahty 

impacts assoaated with discharges from MS& 

Motutonng procedures that help assess water 

quaky unpack Include: 

l Discharge and recelvlng water 

morutoring to support water quality 

models and to ldenhfy hydraulic 

Impacts of Increased peak flows and to 

ldenhfy parameters of concern, and 

l In-stream monitoring of water 

chemistry; 

l Bioassessments and blosurveys; and 

l Sediment samplmg 

DscharEe and Receivmp Water Momtonng 

to Suvwrt Water Quality Models 

As discussed above, when there IS sufficient 

lustorical data available from momtonng, these 

data may be used as Inputs to models that 

predict or validate the effects of pollutant 

loadmgs from MS4s on recelvmg water quality 

charactenstics. In addlhon to monitonng data, 

data on receiving water quality charactenstics 

are also necessary to cahbrate a particular 

model. 

Once the model has been calibrated to 

reflect site-specific condo tlons, future 

morutonng data could be used to validate long 

term reductions m pollutant loadmgs, the 

effectiveness of nonstructural Bhil’s, and/or 

pollutant removal efhaenaes of exlshng 

structural controls 

5-21 
The informahon gathered from this 

approach may also help dehne those BMPs that 

wluch appear to be the most effechve. For 

example, In developmg areas, monitormg data 

could eventually support future plaruung 

efforts that would seek to mlrumue the Impact 

of future development on local recelv-tng 

waters. 

In-stream Momtonn% 

Using models to eshmate pollutant 

concentrations in receiving waters can be 

inaccurate In-stream momtonng can duectly 

measure pollutant concentrations. General 

designs for m-stream morutonng are: 

l Monitoring above and below a set 

location Thus method is generally 

more useful for evaluating control 

effecbveness than documentmg the 

severIt, of a diffuse source of 

pollutants 

l Monitoring at different times 

hlorutonng at different times and 

seasons can provide valuable 

informahon on seasonal vanabons m 

pollutant concentrations Dry weather 

m-stream momtonng can be compared 

\Ivlth m-stream morutoring dunng 

storm events 

l Paired watersheds. Evaluahng simiIar 

water bodies can document 

management program improvements 

by conhollmg for meteorologic and 

hydrologc vanablllty. This approach 

can also be used to compare receiving 

waters to background condihons 

associated with undeveloped 

watersheds 

Detailed guidance on applying these 

approaches IS provided m the draft Nanpumt 

Source h!anllmly: and Ezdluhon Glude, 

February 24, 1988. Nonpomt Source Branch, 

U 5 EPA 

Bloassessments and Blosurvevs 

A blologcal assessment, or “bloassessment,” 

IS an evaluahon of the blologcal condlhon of a 

water body usmg bIologIca sumeys and other 

direct measurements of resident blota In 

surface waters . A biolo@ca.l survey or 

‘biosurvey,” consists of collecting, processing, 

and analyzmg representahve porbons of a 

resident aquatic commuruty to determine the 

community structure and funcbon Blosurveys 

and bioassessments can be used directly to 

evaluate the overall blologcal Integrity 

(structure and/or functional charactenshcs) of 

an aquatic commuruty Devlahons from the 

biological integrity can be measured directly 

usmg brosurveys only when the Impacted 

community IS compared against a 

predetermined reference cond:hon. Without 

the proper reference cond&ons, btosurveys 

may undereshmate the extent of Impairment. 

Btosurveys are useful m that they can 

assess or detect the aggregate effect of impacts 

upon an aquahc commututy where discharges 

are multiple, complex, and vanable, and where 

point, nonpomt, and storm water discharges 

are all affechng the blologlcal condlhon of the 

recelvmg water Because of this, biosurveys 

cannot measure the Impacts of one parhcular 

discharge or effluent being discharged to 

recelllng waters. Currently, blosurveys cannot 

be used as a predichve water quahty 

assessment tools. 

Blosurveys provide a useful momtor of 

both aggregate ecolog~~l Impact and historical 

trends m the condlhon of an aquabc ecosystem 

They can also detect impacts that other 

assessment methods may miss. More 

Importantly, blosurveys can detect impacts 

caused by habitat degradation such as 

channeluahon, sedimentahon, and historical 

contaminahon that disrupt the mteracbve 

balance of the components of the aquatic 

community 

5-22 
Sediment Sampllnq 

Pollutants, both orgaruc and morgamc, 

associated with storm water discharges may 

become physrcally or chemrcally bound wrth 

sediment parhcies Depending upon the stze 

distnbuhon of the sediment part~lcs, a portion 

of the contaminated sediment particles will 

settle out of the water column Consequently, 

the potenbal exists for a bluldup of 

contamrnated sediment over time. The effects 

of heavily contaminated sediments on both 

benthlc habitat and water quahty have been 

documented to the extent that EPA IS 

developing sedrment quality crrtena (SQC) that 

~111 allow assessments of the toxicological 

effects of contaminated sediments on varying 

types of receivmg waters. 

The amount of sediment matenal found In 

storm water discharges suggests that applymg 

sediment qualrtv cntena could be a useful 

component of a monitormg program. For 

example, sediment quality cntena could be a 

valuable preventahve tool to ensure that potnt 

source discharges of storm water do not cause 

or contnbute to the contammahon of 

sediments 

In addrhon, a MS4 could make compansons 

of field measurements to sedrment quality 

cntena as a means of provrdlng an early 

warrung of a potenhal problem. Consequently, 

an early warning could provide an opporhnuty 

to take correchve achon to prevent further 

contaminahon For long term plannmg, 

constderahon could also be given to the 

feaslbrlrty of estabhshrng target levels or goals 

that would ensure that pomt sources discharges 

of storm water do not contrrbute to sediment 

contaminahon 

5.6.2 Monitoring Procedures 

hlonrtonng procedures wrll depend on the 

oblechves of the momtonng effort To a large 

extent, the type of receivmg water will be an 

Important factor In developing monrtormg 

procedures and techmques. For example, grab 

samples may be approprrate for monitoring 

discharges from a retenbon pond, while 

composrte samples may be appropnatr tar 

morutonng tlokvs into the pond The iollorvlng 

mformabon, at a muumum, should be Included 

for each sampling sate. 

l The crrtena for storm selechon, 

l Whether grab, composite, conhnuous, 

or other samplmg techmques are to be 

used, 

l The cntena on when to begrn and end 

sample collectton; 

l The basis for selectmg the nme Interval 

between sequentially collectti samples, 

l How seasonal factors affect the 

selechon of monitonng freqwncies, 

l The method of esbmabng rates or 

volumes of flow passmg the samplrng 

point, and 

l The analyhcal methods used for 

analyzing pollutant parameters and 

their detechon hmlts 

Locahon of Monrtoring Sites and 

Descnphon of Drainage Basins 

The selecbon of morutonng sites should 

depend on the goals of the morutonng 

program. Applrcants should rdenhfy the 

locahon of each proposed morutormg sate and 

the boundary of its drainage basin. -l-hey 

should descnbe theestimated size and land use 

charactenshcs of the drainage basm for each 

sampling locahon The applicant also should 

explain why the sampling sites are representative or wrll otherwise provtde Information to 

support a momtoring program goal. Other 

morutonng sites can be selected to evaluate 

unique condltrons m the drarnage area that 

have slgmhcant or unusual potennal for grnerahng pollutants IIT storm water &charges 
Chuructm=atron D&n 

Samples should be analyzed tn accordance 

with the analytrcal methods approved under 40 

CFR Part 136 

sohds, nutnent, and a metal) to charactenze the 

pollutant removal efhaency of a wet pond. 

Samplmg Equipment 

Parameters to be Analvzed 

The applicant must hst all parameters to be 

=ldy=a which should depend on the 

obtecttve of the sampling effort. For example, 

it may only be necessary to morutor several 

Indicator parameters (such as TSS, settleable 

The applicant must descnbe the equipment 

to be used in the proposed samphng program. 

Only the primary pieces of equipment need be 

identihed. Descnpbons can be made by reference to equrpment supplied by a vendor or 

manufacturer if distinctive enough to be readily 

rdenhfied. 

5-24 
CHAPTER 6 

PROPOSED 

MANAGEMENT PROGRAM 
6.0 PROPOSED MANAGEMENT PROGRAM 

6.1 BACKGROUND 

Under the Part 2 application requirements, 

municipalities must propose site-specific storm 

water management programs. This is the most 

important aspect of the permit application. The 

Part 2 application requirements provide each 

MS4 with the flexibility to design a program 

that best suits its site-specific factors and 

priorities. 

The regulations require the applicant to 

provide a description of the range of control 

measures considered for implementation 

during the term of the permit. Applicants 

must meet all the requirements of the Part 2 

application regulation. However, flexibility in 

developing permit conditions is encouraged by 

allowing municipalities to emphasize the 

controls that best apply to their MS4. For 

example, a municipality that expects significant 

new development may focus more on 

requirements for new development and 

construction, while a municipality that does not 

expect significant new development may focus 

more on a program to prohibit illicit discharges 

or control industrial contributions. In any case, 

a satisfactory proposed management program 

will address- management practices; control 

techniques and systems; design and 

engineering methods, and other measures to 

ensure the reduction of pollutants to the 

“maximum extent practicable (MEP).” 

If the municipality proposes a thorough 

and complete program, the permitting 

authority is likely to incorporate all or part of 

the proposed management program into the 

NPDES storm water permit written for that 

municipality Therefore, the proposed programs provide municipalities with the 

opportunity to have substantial input into their 

NPDES permit conditions. 

This section of the guidance manual 

describes the minimum information 

requirements for proposed storm water 

management programs. Examples of how the 

program elements should be addressed are 

provided. These examples illustrate minimum 

information requirements for the program 

elements, and occasions when municipalities 

may opt to go beyond minimum requirement 

in order to meet the MEP standard 

6.2 SUMMARY OF REGULATORY 

REQUIREMENTS 

The municipality must develop and submit 

a proposed management program that covers 

the duration of the permit The program must 

integrate the information and actions described 

in the Part 1 application and portions of the 

Part 2 application (see Chapters 3, 4, and 5 of 

this guidance). The regulatory requirements 

for the proposed management program are in 

40 CFR 122.26(d)(2)(iv) 

At a minimum, the proposed management 

program must include: 

A comprehensive planning process that 

Involves both public participation and 

intergovernmental coordination; 

A description of management practices, 

control techniques, and system design 

and engineering methods to reduce the 

discharge of pollutants to the MEP; and 

A description of staff and equipment 

available to set up and assess the storm 

water management program. 

Additional provisions under §122.26(d)(2) 

(iv)(A) require applicants to include: 

Programs to control storm water runoff 

from commercial and residential areas, 

construction sites, and industrial 

6-1 
Proposed hianagemsnt Prqprrtm 

faalihes (Includmg waste handlmg 

sites), (Sechon 6 3), 

l ldenhficahon of shuctura! control 

measures to be included m these 

proposed programs, such as detenhon 

controls, tiltrahon controls, and 

hltrabon controls that the municipality 

plans to apply to the achvlhes 

addressed in Its storm water 

management program &c&on 6.4); and 

l Programs to detect and remove ll!iat 

discharges, and to control and prevent 

Improper disposal into the MS4 of 

materials such as used 011 or seepage 

from muruapa! sarutary sewers (Section 

6.5). 

6.3 PROGRAMS TO CONTROL STORM 

WATER RUNOFF FROM 

COMMERCIAL AND RESIDENTIAL 

AREAS, CONSTRUCl-ION SITES, AND 

INDUSTRIAL FACILITIES 

A proposed management program musl 

ldenhfy the achvlhes or areas that require 

controls to reduce pollutants in storm water 

runoff Specifically, a proposed management 

program must address storm water runoff from 

commercial and residential areas (Section 

6.3.11, construction sites (!+chon 6.3.21, and 

industrial facilities (Sechon 6.3 3). Also, areas 

where llhclt connechons or illegal discharges 

may occur must be Identified (Sechon 6.5). 

In addition to the requuemenk of the 

proposed storm water management program, 

other provlslons of the Part 1 and Part 2 

appbcahons require mformahon that WI!! help 

enable the muruapahty to focus on ldenhfymg 

actilqhes and areas that may need control 

measures Examples of these provisions 

Include 

l Idenhficahon of sources [Part 1, 

$122 Z(d)c!)(111)(8J(3)-(1), and Part 2, 

$jl22 26td1\2)(11)1; 

l Ldenhhcahon of water bodies that may 

be adversely affected by storm water 

runoff (Part 1, 5122 26b(d)(l)(lvK)I, 

. Orgamzation of sources by watershed 

[Part 2, 5122 26(dUW1, 

l Descnphon of land use achvlties part 

1, 5122 26(d)(l )(III)(B)(Z)I; 

l Results of field screenmg analysis Ipart 

1, 5122 26(d)(l)(lvHD)l; 

l Results of the sampling program [Part 

2, 5122 26(d)(2)(ltl)(A)(3)1, 

l Eshmates of annual pollutant loads and 

event mean concentrahons, and schedules to submit seasonal po!!@nt loads 

and event mean concentrations IPart 2, 

§122.26(d)(2)(iu!(B) and CO], and 

l Fmdings from an on-going monitoring 

program [Part 2, 5122 26(6)(2)(110(D)]. 

6.3.1 Commercial and Residential Activities 

Under §122.26(d)(2)(lv)(A), applicants must 

propose structural and source control measures 

to reduce pollutants from commercial and 

residential areas. 

§l22.24(dM2MivNA) IThe proposed 

management program must mclude a] 

descnphon of structural and source control 

measures to reduce pollutants from runoff 

from commeraal and resldenual areas that 

are dAwgecl from the mumdpal storm 

8ewer system that are to be unplemented 

during the life of the permit, accomparued 

with an estimate of the expected reduchon of 

pollutant loads and a proposed schedule for 

unplemenhng such controls 

To ensure that proposed control measures are 

effechve, the applicant should study how storm 

water runoff from pollutant sources affects the 

exishng muruapa! system, how the proposed 

6-2 
Proposd Management Prqmn 

control measures wrll enhance the exrshng 

sys tern, and what Impact the proposed 

measures ~111 have on recer\mg waters The 

control measures should recogruze and 

emphasize the mterachon behveen pollutant 

sources and the phystcal attrtbutes of the 

murucrpal system and recervmg waters. 

SpeclflC commercial and residenhat 

acbvrhes that must be addressed mclude 

maintenance activihes and a maintenance 

schedule for sb-uctural controls to reduce 

pollutants tn storm water runoff. Thrs 

provlslon 1s discussed m Sechon 6.4.2. Other 

acbvrbes to be addressed include: 

l Postconshuction controls to reduce 

pollutants in dmhrges to M!% 

resulhng from new development and 

signtficant redevelopment (Section 

631 11, 

l Practtces for mamtammg and operabng 

public streets, roads, and hrghways that 

wrll reduce the Impact on receiving 

waters from storm water runoff 

discharges (Sechon 6 3 1 2); 

l Procedures to assure that the Impacts 

on receiving waters from flood 

management projects are assessed, and 

that exlsbng structural control dellces 

ha\re been evaluated to determine if 

retrofit controls are feasible (Sectton 

6 3.1.3); 

l A program to momtor pollutants in 

runoff from operating or closed 

mumcipal landfills that rdenhftes 

prlorrtres and procedures for 

rnspechons and establishing and 

tmplemenhng control measures (Secbon 

6.3 1.4); and 

l A program to reduce to the maximum 

extent prachcable, pollutants In storm 

water runoff assoaated \n7th the 

apphcatron of peshctdes, herblades, 

and ferhhzer Gechon 6 3.1.5). 

To reduce pollutants m storm water runoff 

from commercial and resrdenbal actrirhes, a 

proposed management program mrpht Include 

the use of tiltrahon detlces, detenhon and 

retention basms, vegetated swales, water 

quahty inlets fwhrch may mclude OII and water 

or oil /gnt separators), screens, channel 

stabiluatron/ripanan habitat enhancement 

efforts, wetland restorabon and preservation 

projects, as well as various source control 

strategies and other nonstructural conbol 

measures 

6.3.1.1 New Development and 

Significant Redevelopment 

Summary of Regulatory Reaulrement 

New development or redevelopment often 

increases rmpervtous land surfaces, which 

usually leads to Increased pollutant levels m 

storm water runoff Chemical and thermal 

changes in storm water runoff are commonly 

associated wrth new development and can 

adversely affect the quak of recelvrng waters 

In addrtion, urbaruzabon results In an Increase 

m the volume of storm water drscharges. 

The Nabonwrde Urban Runoit Program 

(BURP) study (EPA, 1953) and more recent 

tnveshgahons mdrcate that controllmg the 

contribution of pollutants m storm water 

discharges at the onset of land development IS 

the most cost-effechve approach to storm water 

quahty management M.rbgabng problems 

caused by pollutants after they have entered a 

MS4 is often more expensive and less effiaent 

than preventing or reduang the discharge of 

pollutants at the source Therefore, a 

satisfactory proposed management program 

will propose structural and nonstructural 

measures to reduce pollutants in storm water 

discharges from areas of new development and 

redevelopment Examples of such measures 

are dtscussed below 

6-3 
Proposed AZanagement Propm 

§122.26(d)(Z)(iv)(A)(2) [The apphcant must 

include a] descnphon of planning procedures 

mcludmg a comprehennve master plan to 

develop, implement and enforce controls to 

reduce the discharge of pollutants from 

mumclpal separate storm sewers which 

recewe dlxharges from areas of new 

development and slgmficant redevelopmenl 

Such plan shall address conhols to reduce 

pollutants U-I discharges from muruclpal 

separate storm 5ewers after construction 1s 

completed 

Provisions under §122.26(d)(2)(lvHA)(2) 

focus on the reduchon of pollutants in storm 

water runoff after construchon m areas where 

new development or redevelopment is completed Controls that are required during 

construcbon are discussed m Sectron 6.3 2 of 

ths guidance 

Post-Construction Controls 

Proposed storm water management 

programs should include plamung procedures 

for both durmg and after construction to 

implement control measures to ensure that 

pollution IS reduced to the maxlmum extent 

practicable in areas of new development and 

redevelopment. Design cntena and performance standards may be used to assist in 

meebng this oblectlve 

Further, storm water management program 

goals should be reviewed dunng plannmg 

processes that guide development to 

appropnate locahons and steer intensive land 

uses away from sensitive envrronmental areas 

A muruapahty may, for example, Include 

pro\rlslons in the plannmg process that ensure 

that all new development m targeted areas or 

zones pro\ldes for a certam percentage of 

undisturbed area to assist III preservmg postdevelopment runoff quality and velocity as 

slml1a.r as possible to pre-development 

condthons In 1t5 Part 2 application, a 

munlc~pnhty should descnbe how It plans to 

Implemrlnt the proposed stxxlards (e g , 

through an ordnance requlrmg approval of 

storm water management programs, a review 

and approval process, and adequate 

enforcement) 

The proposed storm water management 

program should idenbfy and Include planning 

procedures and control measures that ~11 be 

used in the mwcipality. 

Plannmp: Procedures 

Comprehensive planning procedures 

typically mvolve incorporation of land use 

goals and obwbves into a plan document or a 

plan map. These plans are often called Master 

Plans, Comprehensive L..and Use Plans, or 

Comprehensive Zomng Plans 

Comprehensive or master plans are often 

non-binding. They probide support and 

dlrechon to local off~aals that have the 

authonty to make land use declslons 

Wule applicants do not need to submit a 

complete comprehensive or master plan with 

the Part 2 appkahon, they should detail the 

planning process employed by the 

municipality. They must thoroughly descnbe 

how the murucipahty’s comprehenslve plan 1s 

compahble with the storm water regulahons 

The descnphon should clearly 

. Idenbfy management objecbves for 

streams, wetlands, and other recelvmg 

waters; 

l Identify areas where urban 

development IS hkely to occur and 

areas that are sensrhve to the effects of 

urbaruzation. Conslderahon should be 

given to receivmg waters, topography, 

sol1 types, ground water uses and 

potential Impacts, and other relevant 

factors; 

l Descnbe standards such as design 

cntena and performance standards for 

5 torm water controls for new 

developments, such as buffer zones, 

6-4 
Proposed Mandnemen I Proarnm 

open space preservahon, eroslon and 

sediment controls, etc.; 

l Descnbe other measures to mirumrze 

the effects of new development on 

storm water qualtty (these may include 

local code and ordinance requirements); 

and 

l Idenbfy or drscuss the site development 

review process for the evaluation and 

approval of storm drainage or storm 

water management programs. Requirements m dramage or storm water 

management programs can be 

coordmated rvlkh review of other 

related plans such as those for site 

gradmg or landscaping. 

There ~111 be great vanation among 

mumclpahtles In their sophshcation of land 

use planning If the munlclpality has recently 

updated Its land use plan, it may detail storm 

water quality Issues In other instances, there 

may be no policy to Include storm water 

quah ty conslderahons m land use declslons. In 

such cases, the apphcant must descnbe how 

constderabon of those acbvihes that affect 

storm water quality are to be Incorporated into 

the muruclpahtfs comprehenslve or master 

plan and I& approval process for conslruchon 

prolects 

Control Measures 

Most tradlhonal storm water control 

measures focus on efhclent collection and 

conveyance of storm water runoff to an offsite 

locabon Thus approach can increase 

downstream property damage due to increased 

storm water runoff quanhty and flow velocity. 

Correchve achon often mvolves expenswe 

pubhc works prolects, such as enlargmg and 

relnforclng channels or construchng swales to 

probide an adequate outfall from affected or 

damaged areas The traditional approach has 

typlcalh Involved downstream channel 

stablhzahon projects However, these projects 

may also result In Increased storm water runoff 

quanhty and flow veloatv. 

Some recent approaches to storm water 

management Include preserl-mg th? natural 

features of a watershed by malntarnmg 

vegetative cover and estabhshmg buffer zones 

and open space or green areas. The beneht of 

employmg this approach 1s the protechon 

afforded to npanan areas and wetlands, as well 

as the preservation of a stable watershed. One 

addihonal kneht from Uus approach includes 

maintainmg ground water recharge through 

uuiltrabon. These approaches to storm water 

management mlrunuze the unpact of erosion, 

floodmg, and other damage to natural dramage 

features such as streams, wetlands, and lakes. 

Preservahon of natural habltat can be achieved 

through effective storm water quaky conbol 

measures More recent approaches use storm 

water to: 

Recharge ground water sources with 

runoff from imperL7ous areas: 

Preserve baseflows of surface water 

bodres; 

Augment water supplies used for street 

cleanmg and other municipal funtions, 

such as watenng public lawns, 

1 ncrease recreahonal opporturu ties 

mcludmg slvlmmmg, hshmg, and 

boating; and 

Sometimes, augment dnnkmg water 

supphes if it is treated and in 

compliance with all applicable dnnking 

water standards. 

The murucipahty should consider storm 

water controls and structural concerns in 

planning, zoning, and site or subdlvlsron plan 

approval. An example of effechve structural 

control is described in Exlublt 6-l. Nonstructural control measures are tughly 

recommended for new development. They can 

be included dunng the plannmg, site-sekhon, 

and development stages. Examples of nonstructural controls mclude street sweepmg, 

buffer stnp presemahon, and pubk educahon. 

6-5 
Proposed hlamgement ProDam 

Exhibit 6-l 

Storm Water Programs in Delaware and Florida 

Delaware requirements for on-site measures Include water quality ponds with permanent 

pools Ponds must be deslgned to release the equn~alent volume of runoff from the first 1 /Z 

mch of runoff from the site over a 24-hour penod and have a storage volume deslgned to 

accommodate at least l/2 Inch of runoff from the site Water quality ponds without permanent 

pools may also be used m Delaware’s program. These pools are to be desqned to release the 

hrst Inch of runoff from the site over a 24-hour period. 

Developers are instructed to consider Infiltration practices only after ponds are eliminated 

for engmeenng or hardshp reasons. Infiltration struch~~~ must be designed to accept at least 

the first mch of runoff from all streets, roadways, and parlung lots Other pracbces may be 

acceptable If they meet the equivalent removal efficiency of 80 percent for suspended sohds. 

hlore stnngent requrements may be established on a case-by-case basis. 

The 80 percent removal effiaency for suspended solrds that Delaware requires takes Into 

account pollutant sertlmg. The 24-hour detenbon penod allows for substanbal settling where 

most of the pollutant removal occurs. In addibon, the requirement that the first mch of i-unoff 

be released over a penod of no less than 24 hours reduces downstream erosIon 

For slgruhcant redevelopment, muruapahhes can Incorporate both structuraJ and 

nomtructural &xm eater contAs However, 

there are generally far more constramts and 

limltabons on the control opportumbes 

available at redevelopment s&s One of the 

primary ionstramts IS the avallablllty of 

sufhclent open area to accommodate sbuctural 

controls such as detention ponds. In mstances 

where redevelopment IS occurnng in densely 

urbaruzed areas, storm water runoff volumes 

may be so large that suffiaent storage capacity 

can not be provided rv~thout further 

compoundmg problems assoaated with siting 

and retrofitting exlshng storm water 

conveyance systems In such cases, the 

munlclpahty should consider nonshuctural 

control measures such as traffic flow control, 

the use of porous consb-ucbon materials for 

roads and parking lots. revIsIons to street 

5~ eepi ng or delcmg pohaes, or pubhc 

educabon programs 

6.3.1.2 Public Streets, Roads, and 

Highways 

Summary of Ree;ulatorv Requirement 

Pubhc streets, roads, and lughways can be 

slgruflcant sources of pllutants In discharges 

from M!% Therefore, proposed management 

programs must mclude a descnpbon of 

pracbces for operabon and mamtenance of 

public streets, roads, and hghways, and 

procedures for reducmg the impact of runoff 

from these areas on recelvmg waters. 

§122%(d)(Z)(iv)(A)(3) IThe appLcahon must 

urclude a] descnphon of practxes for 

operatq and mamtammg pubhc SWHS, 

roads and highways and proxdures for 

reduang the unpact on recelring waters of 

discharges fnxn muruapal storm sewer 

systems, mcludmg pollutants dlxharged as a 

result of deicing actlrlhes 

6-6 
Proposed hiana,qtmenl Program 

Road mamtenance practices, especrally 

snow management and road repair, and traffic 

are signrficant sources of pollutants in storm 

water discharges Measures to reduce the 

poIlutank In storm water runoff from these 

sources should be addressed in the proposed 

management program 

Snow Management 

Deicing Salk are the main source of 

poIlutank in runoff of urban snowmelt 

Municipahhes can reduce these poIIutank by 

cahbrating equipment, educating equipment 

operators, using alternabve deicing matenak, 

and properly stonng detcing materials. As 

altemahves to dercmg salts, the Federal 

Highway Administration is considering many 

matenak that may be less polluting. However, 

most of these deicers contam sodium or 

chloride eons that are harmful to roadstde trees, 

shrubs, and solIs. One deicer, calcium 

magnesium acetate (CMA) may be the best 

ophon for environmentally sensitive areas 

(Chollar, 1990) In salt storage facilities, salt 

piles should be completely covered, storage 

and handling areas should have impervious 

surfaces, and contammated runoff should be 

contiuned 

Road Repair 

Road maintenance and repair actrvrhes may 

contribute pollutants through erosion caused 

by the elrmmation of stabilizing vegetation 

from roadside shoulders and ditches. 

Maintenance crews can de&ease the potential 

for erosion by disturbing only the area under 

repair. Graded areas should aIso be limited m 

size so that repairs can be completed the same 

day and graded areas stabilized by the end of 

the workday. Other measures to reduce 

pollutank in storm water include schedulmg 

potenhal pollutant-causing reparr work during 

dry seasons, when possible 

Muructpal equtpment yards and maintenance shops that support road maintenance 

acbvlhes can also be significant sources of 

pollutants Therefore, municipalihes should 

consider mstttuhng procedures that address 

spell prevenhon, materh3l management 

practices, and good househeeping 

Traffic 

011 and grease and metals from traffic are 

the pollutank of most concern wrth respect to 

aquahc toxtaty and their ability to “wash off’ 

roadways and enter a MS4 

In almost all instances, the poUutant 

concentrations m initial storm water discharge 

from heavily travelled streets ts sigruhcant 

When the nuual runoff reaches the velocity 

needed to entram parhculates, lughly soluble 

pollutank that have accumulated between 

storms are transported to the storm sewer 

system. Therefore, shortly after a storm event 

begins, the pollutant Ioadmg m the inihal flow 

to a MS4 IS often the greatest 

Pollutants from traffic can be rnmtmized by 

using nonstructural controls (e.g , traffic 

reduction and Improved traffic management), 

structural controls te g , tradrhonal and 

innovahve BlvlPs), and changing maintenance 

activities. Tradthonal structural controls to 

reduce pollutants in road runoff mdude 

vegetated swales, mhltrahon devices and 

detenhon/retenhon basrns Highways often 

afford opporturuhes for using structural 

controls such as detenhon basins on entrance 

or ewt ramps and upstream or downstream of 

culvert crossings (Steward, 1992). SmaIIer 

roads may also have low-cost structuraI control 

opporturuhes available at culvert crossings 

such as vegetated swales Many structural 

controls can also be placed on public or pnvak 

land that is outside the nght-of-way, but still 

may be proximate enough to capture road 

runoff. Any hme controls are placed at culvert 

crossings, potenhaI wetland impacts and 

ins&earn treatment issues need to be 

considered 

Mamtenance act-r\ihes that can reduce 

pollutants in storm water discharges include 

catch basin cleantng, litter control, and targeted 

street sweepmg For muruclpalihes that have 

6-7 
Proposed Management Program 

developed transportahon plans under theclean 

Air Act, applicants should describe how they 

~111 reklew the plan, and amend it where 

appropnate, to address water quahty concerns 

PotenhaI locahons for instalhng new structural 

controls to reduce pollutank from road and 

hrghway runoff should be ldenhfted by 

applicants. 

6.3.1.3 Flood Management Projects 

Summary of Reeulatorv Requirement 

The tradrhonal focus of storm water 

management in many communities has been 

water quanhty (1 e., flood) control. ‘Ihe 

proposed management program must 

demonstrate that flood management propcts 

take into account the effects on the water 

quality of receivmg water bodies, and the 

program must discuss whether existing 

structural flood control devices can be 

retrohtted to control water quahty. 

§122.26(d#2Mv)(ANTl IThe apphcahon must 

m&de al dexnphon of procedures to assure 

that flood management propas assess the 

unpacts on the water quality of recelvmg 

water bodies and that emshng structural 

flood control derxes have been evaluated to 

detemme If retrofittmg the device to provide 

addlhonal pollutant removal from storm 

water IS feasible 

Opportunities for pollutant reduction 

should be consldered when determining 

specific controls to be proposed as the MEP 

standard m the storm water management 

program. 

Control Measures 

Storm water management devices and 

structures that focus solely on water quantity 

are usually not designed to remove pollutants, 

and may somehmes harm aquahc habitat and 

aeslhehc value>. For example, channels that 

are completely IIned with concrete typically do 

not provide for aquahc habltat and tend to 

increase potenhally erosive veloclhes and 

elevate ambient water temperatures, resulting 

in downstream channel enlargement and 

increased pollutant loadings However, this 

condihon can be mihgated through altemahve 

stablllzahon methods. 

Channel management meZLSures that can 

enhance streams and their ecological values 

include corridor pfeservahon, biological bank 

treatment, and, where necessary, geomorphic 

restoration (Ferguson, 1991). The municipality 

may also install structural devices to dampen 

the hydrauhc energy of the flow and minimize 

downstream erosion. As another example, 

willow saplings could be planted between rrprap, timbers, and other stabilization structures 

that are anchored into terraces on the side of 

the streambank 

Floodcontrol projects can be built or 

subsequently modlhed to address water 

quantity and water quality concerns. 

Sometimes existing flood control skuctures can 

be retrofitted to provtde water quality benehk 

as well as water quantity control (EPA, 1989b). 

basm retrofits are a common example. For 

such a retroht, dry flood control or detenhon 

basms can be converted to wet basins by 

modifying outlet or-if-ices AddihonaI storage 

can be obtamed by raismg the e!evahon of the 

basin embankment. 

Dry retention basins, or extended dry or 

wet retenhon !xwns can be used to improve 

water quahty. Dry retention basins are not as 

efficient or as effechve in improving water 

quality as extended dry or wet retention basins, 

but dry retenhon basms are generally less 

costly to design and.mamtam. The decision to 

use dry retenhon or extended dry or wet 

retenhon basms should consider all these 

factors. 

@hmaIly, such measures should be 

constdered in the planrung process (drscussed 

previously). However, they can also be 

tmplementecl later In the land development 

6-8 
Propcmi h4a nqemen t Program 

process (e g , slle review or pubhc facihties 

requirements stage) 

If a flood control authonty IS responsible 

for a portion of the I&I, the apphcant should 

take the lead m coordmahng efforts to 

incorporate pollutant reduction considerations 

in flood control pro@s EPA recommends the 

use of Memoranda of Agreement and 

Memoranda of Understandlhg to clarify roles 

and responsibihhes between two or more 

political entihes. 

6.3.1.4 Municipal Waste Facilities 

Applicants must describe programs that 

identify measures to monitor and reduce 

pollutants m storm water discharges from 

faalmes that handle muruapal waste, including 

sewage sludge. 

§lZZ.26(d)(Z)(iv)(A)(n [The apphcahon must 

mclude a] descnptlon of a program to 

momlor pollutam~ in runoft From operahng 

or closed munlapal landfills or other 

treatment, storage or dlspobal taclhhes for 

mumclpal waste which shall Identlf) 

pnonhe* and procedures for mspectlons and 

establlshmg and Implementing control 

measure? for such dwharlrgeThe first step IS to ldenhfy faahhes thal 

handle muruclpal waste and summarize their 

operahons The type> of faclhhes that should 

be Included are 

l Achve or closed mumclpal waste 

landfIll?, 

l Pubhcl~ owned heatment works, 

mcludlng water and wastewa ter 

treatment plants, 

l lncmerators, 

l Land appllcahon sites, 

. Uncontrolled sarutary landfills, 

l Maintenance and storage yards for 

waste transportahon fleets and 

equipment, 

l Sites for disposing or treating sludge 

from municipal treatment works; and 

l Other treatment, storage, or dqxxal 

facihbes for muruapal waste. 

Applicants may combine tlus part of the 

proposed management program with the 

program established under 5122 26(d)(2)(lv)(C), 

which sets standards for monitoring and 

controlling pollutants from smular types of 

solid waste facilities (e.g , those with hazardous 

wastes, or subject to the requirements of SARA 

Title Ill-Section 313 of the Emergency 

Protecbon and Community Right-to-Know 

Act). Momtonng should Include all the 

parameters listed m 5122 26(d)(2)(lv)(C) and 

any addhonal parameters listed m an effluent 

gudelme. Procedures to evaluate, inspect, 

monitor, and estabhsh control measures for 

muniapal waste sites over the term of the 

NPDES permit should be described For 

example, after one year of momtormg each 

waste handling faclhty category listed above, 

the murucipahty may have collected enough 

data to decide which faclhhes or types of 

facihties should receive a hgher prionv for 

pollutant &u&on More attention could then 

be focused on the lugh-pnonty sites 

6.3.1.5 Pesticides, Herbicides, and 

Fertilizers 

The proposed management program must 

include a descnphon of procedures to reduce 

the contribuhon of pollutants associated wth 

pesbades, herblades, and ferhlizers discharged 

to the MS4. 

l hluruclpal sollil waste transfer facilihes 
Proposed Management Program 

5122 Zb(dNZNlvNAM6) IThe apphcanon must 

mclude a] descnphon of a program to reduce 

to the maumum extent prachcable, pollutants 

m discharges from munxlpal separate storm 

sewers associated with the appbcahon of 

peshades, herblrides and fetilluer whch will 

Include, as appropnate, controls such as 

educahona! achvWes. pemuts, cerhfxahons 

and other measures for commercial 

appbcators and dlstnbutors, and controls for 

appkatlon m pubhc nghtof-ways and at 

mumapal facikes 

The proposed program should include 

educahonal measures for the pubhc and 

commerrial apphcators, and should include 

mtegrated pest management measures that rely 

on non-chenucal soluhons to pest control. The 

program should also describe how educational 

matenals will be developed and dlstnbuted 

Apphcants are encouraged to consider 

pro\ldlng informahon for the collechon and 

proper disposal of unused pestlades, 

herblcldes, and ferhhzers, or to establish their 

own pgram An eitecbve and safe program 

would Include 

l Development of an inventory of 

products that may be accepted under 

the program, and collechon of the 

Matena! Safety Data Sheets (WiDSs) for 

these products, 

l Idenbflcahon of transportahon, storage, 

and disposal requirements, 

l A shelf-life program to dlspse of 

expired products, 

l App!Kator tranlng or cerhhcahon (the 

pretreatment program may be helpful 

as a source of industry-specdlc 

lnformahon or as a model approach for 

obtammg and trackmg mformahon on 

chemical applicators and dlstnbutors), 

and 

l Sateh’ trairung 

Any cerhhcahon/trarnu\g program for the 

collmon and disposal of pesticides, herblcldes, 

and ferhhzers must be In comphance with 

Federal, State, and local laws such as the 

Resource Conservahon and Recovery Act, the 

Federal Insechade, Fungicide, and Rodenhclde 

Act, the Department of Transportahon’s 

hazardous matenals regulations, and State and 

local ordmances. 

In addition, apphcants must include a 

discussion of controls for the application of 

pesticides, herbicides, and fertilizers in publicrights*f-way and at munxipal facilities 

PIanting low-maintenance vegetation, such as 

perenrd ground covers, reduces pesticide and 

herbicide use. Native vegetation is often 

preferable because there IS less need to apply 

ferbhzers and herblcldes, and to perform other 

forms of maintenance, such as mowmg 

(Homer, 1988). 

If herbicides are used, a herbiade-use plan 

must be proposed as part of the storm water 

management program The plan might 

include 

. A list of selected herbicides and their 

speak uses, 

l Informahon about the formulahons of 

various products, mcludmg how to 

recognize the chemical conshtuents 

from the label, and dirtions and 

precduhons for appkators that explain 

if products should be diluted, mixed, or 

only used alone, 

l Apphcahon methods and eshmated 

quantlhes to be used, 

l Equipment use and maintenance, 

l Trammg in safe use, storage, and 

disposal of pesticides (safet) 

reqwemenls for mdlwdual products 

are listed on ‘be products’ hGDSs), 

l Inspechon and monltonng procedures, 

and 

ii-10 
l Recordkeepmg and pubhc nobce 

prc)iedure> 

6.3.2 Construction Sites 

As speclfled m 5122 26(d)(2)(lv)(D), 

apphcants must descnbe propose3 regulatory 

programs to reduce pollutants m storm water 

runoff from construchon sites to the MS4. 

§l22.26(d)(Z)(iv)(D) [The epplicahon must 

include al descripon of a program to 

unplement and mamtam structuml and 

nonstructural best management practices to 

reduce pollutants m storm water runoff from 

constructIon sites to the municipal storm 

sewer system 

This part of the proposed management 

program must address 

l Implementation of BMPs, 

l Procedures for re\lei\lng site plans to 

ensure that they are consistent w~t.h 

local sediment and eroslon control 

plans, 

l Impechon of construcbon sites; and 

. Enforcement measures and educahonal 

activltles for construction site 

developers anJ operators 

EPA encourages mumclpahties to (1) 

coordmate requirements to reduce pollutants In 

construcbon site runoff ~th management 

programs to reduce pollutants from neh 

development, and (2) mamtan, to the degree 

possible, pre-construction hydrologIccondItions 

(Sechon h 3 1 1 I ApphCdnt~ are encouraged to 

de5crl bt these hco propl)sed management 

program compwnb Q&her Implementation 

of l-l-115 program iomponenl \\711 rely on the 

estabhchment and mamtenance of both 

stru;tur;ll anll nomtructural BhVs Ttu 

rtqulremenl extends (~7 all construction achlit)’ 

i\ others thp: munlclpallh 

All construction sites, regardless of size, 

must be addressed by the mutuapaiih To 

be&m to idenbfy these sites, the applicant 

should obtam hsts of construction site 

operators that are covered by general or 

n-tdl\qdual storm water NPDES perrmts from 

the NPDES permithng aulhonty However, 

construction sites not covered by a storm water 

discharge permit also need to be addressed by 

the muniapahty. The best way to identify 

these construction sites and implement an 

efktive BMP program to reduce pollutants m 

their runoff is through the sitepkmmg process 

bee Section 63.21). 

The BMPs envisioned for construction site 

runoff are generally well establlshed 

technologies and prachces They 1-4) 

predommantly on eroslon and stiment 

controls and other measures applicable to 

construction sites (e.g , control of solid wastes, 

and prolubibons on dlschargtng concrete huch 

washing run017 mto storm drams) The 

technologies proposed should be referenced, 

and a descnpbon of when and how the 

controls ~111 be uz4 should be Included 

Muruclpahty-specific techmcal guidance for 

construchon srte operators, such as handbooks 

and mspe&on checklists, are examples of 

sul table reference sources If an applicant 

chooses to develop such handbooks and 

checkhsts, they should be referenced and 

described In the appllcahon 

The major requirement5 of this program 

component Include 

l Site planmng that considers the 

potenhal Impacb on water qualit),, 

l Nonstructural and structural best 

management praL%ces, 

l Procedures that consider phjFslcal site 

characterlstlcs when ldentlf>flng 

priorities for InspectIon and 

enforcement, and 

l Educahonal and tralrung measures for 

construcbon site opera tar> 
Proped hiandgtmFfll Program 

Each of these reqlurements, and the reasons 

that they are important elements of a proposed 

storm water management program, IS described 

In more detail below 

6.3.2.1 Site Planning 

Sediment runoff rates from conshuchon 

sites are typically 10 to 20 fimes greater than 

those of agricultural lands, and 1,000 to 2,000 

times those of forest lands. Over a short 

period, construction sites can contribute more 

sediment to streams than had been deposited 

over several decades Runoff from construchon 

sites can also include other pollutants such as 

phosphorus and mtrogen from fertihzer, 

peshades, petroleum derivahves, construction 

chemicals, and solid wastes 

To address these problems, the proposed 

management program should describe 

procedures for site planrung that consider 

potenhal water quality impacts 

I 5122 26[d)f2)(lvNDNl) (The program for 

construction sites must rndude al descnphon 

of procedure> br site planrung which 

mcorpxate ionxkratlon 01 potenhal water 

quahtv Impacts 

I 

The oblechve 1s for the muruapahty and 

the developer to address storm water 

discharges from construchon ach~ty early in 

the project design process so that polenhal 

water quality impacts can ‘be elimmated or 

mlrumized and consequences to the aquahc 

environment assessed Nonstructural 

approache:, to mirumize the generahon of 

runoft from the construction site w111 also need 

to be considered These measures may Include 

phasing deI*elopment to comclde with seasonal 

dry perlxl>, mlrumlzlng areas that are cleared 

and grad4 to onI\ the porhon of the site that 

IS necessa? for conl;truchon, exposmg areas for 

the briefest penod possible, and stabrllzmg and 

reseeding disturbed areas rapIdly after 

cilrk+truihOn ache It\ IS completed 

It IS often easier and more effechve to 

Incorporate storm water quallb contT& during 

the site plan re\lew process or earlier The 

process typically culmmates with the developer 

of the consh-uchon site submlttmg detalled 

engineenng plans lo the munlclpahty for 

re\lew and approval 

Upon complehon of the site plan review 

stage, the developer and the muniapality have 

invested conslderable tune and money into the 

Proiect If storm water quality issues are 

considered only after significant detailed 

engineenng has gone into the prolect, 

muniapal site reviewers may only address 

minor drainage issues. In recent years, 

however, many muruapahhes have developed 

separate teams of site inspectors to unplement 

erosion and sediment control measures m the 

field. In these municipahhes, site inspectors 

should be part of the site reklew team (if they 

are not already) m order to mcorporate their 

expertise on the appropnate erosion and 

sediment conbols for the given circumstances 

The abobe dIscussIon reinforces the 

Importance of site planmng, as described In the 

sechon on site planning for new dei-elopment 

kchon 6.3 1) In general, the sooner planners 

consider storm water quaho, Issues, the better 

the opportunity for efhclent and effechve 

pollutant reduction In some cases storm water 

issues should be considered rn the conceptual 

stage of planrung (e g , as a planrung or zoning 

funchonl 

Some muruclpahhes include a fmal step In 

the plannmg process that requires a developer 

to pro\lde a far Fester le\-el of design detail 

than earher conceptual design approvals Thus 

step may be required as a condlhon of the final 

approval for certam zorung categones 

hlumclpalihes with such a step m the 

development process can consider potenhal 

storm water quality Issues m deWI at thus 

stage hluruclpahhes that do not currentI>- 

require such detakl plans should consider 

adophng this procedure a5 part of their storm 

water management program 

6-13 
Proposed Management Program 

6.3.2.2 Nonstruchra! and Structural 

BhiPs for Construction Activities 

-l-h]> component of the proposed 

management program should describe requirements for nonstruclura! and structural BMPs 

that operators of construchon ackilhes that 

discharge to MS-k must meet 

~12226~dM2Miv)(D~(2) [The pmgram for 

constructIon sites must include a] descnption 

of reqaurements for nonstructural and 

structural best management practices 

As indicated above, applicants must 

propose site re\qew and approval procedures 

that addre>s sediment and eroslon controls, 

storm water management, and other 

appropna te measures Approvals should be 

clearly bed to commltment5 to implement 

structural and nonstructural BhlPs dunng the 

construchon FKK”’ Appropriate structural 

and non5truitural control requlrements WI! 

var\ b! prolect Pro!ect type, size, and 

duration, a> me!! as ~011 composltlon, site slope, 

ani! pr0xlrnln to 5erk-lt1\ve receiving waters I\l!l 

determine the apprqxlate structural and nonstructural Bhlf’s hluruclpallbes should acquire 

the authorlty to require operators to msta!! and 

mamtaln applicable eroslon and sediment 

contra! plans Etilblt 6-z summarizes common 

conXructxx-s!le 6hlPs 

.A dt%rlphfin of the !oia! erosion and 

sedlmcnt control law or ordmance IS needed to 

sah>l\ 11~4 program requrremenl The descrlphon should Include mfxmahon that InAs 

the enforcement ot the law or ordinance to the 

legal authority ot the applicant, as dIscussed In 

Section 3 01 U-u> manual 

11’1~1’1: mani muruclpallhes have erosion 

and :c,limtInt i~3r~trcJ! ordinances m place, their 

ettecbvent+> 14 otten Ilmlted because they are 

ne” adequately Implemented and enforced 

fI~-~rr~pll - II-I:I~J~I~ :11t fenan; that IS not 

rnallrtalntxl LV emiatec! ~11s that are placed 

d4rri11: con kq? ot the q~lt fencing Therelore, 

construcbon sites covered under NPDES permit 

regulabons must Indicate whether they are In 

compliance with State and local sediment and 

eroslon control plans Site mspect~ons are 

expected to be the pnmary enforcement 

mecharusm by w!uch eroslon and sediment 

controls are mamtamed 

To ensure that developers are m 

compliance with erosIon and sedtment control 

plans, applicants may wish to consider 

expanding the use of performance bonds. Thus 

approach might depart from a tradlbonal site 

bondmg approach For example, the size of 

bonds could be based on the amount of earth 

disturbed, the slope of the site, changes in 

grades, soil type, proximity to surface waters, 

sensitivity of surroundmg area, and other 

relevant factors. In addibon, the bond could 

clearly specify the storm water quality controls 

that must be Included m the development. 

Appropriate maintenance and site cleanup 

could be hed to the bond-release process 

6.3.2 3 Site Inspections and Enforcement 

of Controls For Construction Sites 

Storm water BhlPs associated WI~!-I construchon a&vibes are highly susceptible to 

damage due to the mtenslb of ach\lbes 

common!y associated wlh construchon Consequently, mqxctlons are crucial to the 

effechve operation of storm water BhtPs 

Ikrefore, the proposed management progam 

should describe constructlon site mspecbon and 

enforcement procedures The procedures 

should be flexible so that they can be taIlored 

to spec7flc consb-uctlon actlvlhes and physlcal 

charactenshcs of the construchon site 

5122 26(d)(ZNivMD)(3) IThe program for 

construcuon sites musl Include a! descnptlon 

of pro~tiures for Identlfilng pnonhes for 

Inspxtmg sites and etiorcmg control 

meajuPes which consider the nalure ot the 

construction ach\lty, topogaphy, and the 

charadenstlcs of sotis and recelvlng water 

quaht \’ 
Exhibit 6-2 

Construction Site Controls 

and Their Applicability 

. 

Control Type 

son-structural (cober) 

lempor~ SCcdrn~ 

mulclung & matune, 

plwc cownng 

ream narural vcgctalron 

buffer zones 

rccdiin & DIanlinn 

I soddmn 

lupwllIng 

Structural-eroslon control 

road slabllznuon 

I I I I 

surface roupherung 

I I 

strui1w~1 ~ncmtud s~abd~za~m-~ 

Structural-sudlmeol reteotlon 

illvr fence 

I 

- - I I 

t- grat 
Proposed Ma mgnnen t Program 

Effective inspection and enforcement 

requres adequate staff, systematic inspectzon 

procedures, penal&s tu deter mfracbor~, and 

mterventlon by the muniapal authonty to 

correct vlolahons. Enforcement mechanww 

such as the ability to require additiot’d Storm 

water controls, admmistrative penalties (e.g., 

stop work orders) and injunctive relief (via 

citizen suits) dso must be desaibed. In 

addition, the applxant should describe who 

has the authority to require compliance. 

spreader. The spreader would tislpate ttu 

eroswe veloaty of the runoff and release it Into 

an unbsturkl area beyond the lm~ts of the 

clearing and grading at the toe of the slope. 

Pmposul proceduraI’for hpecthg 

constnrction sites may include mintmum 

frequenciuudmiMpectof6&~ For 

example, the State of Delaware rquhs a 

minimum of one inspection evay two week6 

for sites over SOJIOO square feeL 

The pradmity and sensitwity of. the 

receiving water to whrch the conshuetlon dbe 

dischaqes is UI important consideration. For 

ccmtruftlon situ that discharge to rrcdving 

wabm that do not support their designated use 

or otkr w8ms of spedal co- additlonal 

cons-on dtc controls are probably 

warranted and should be strongly consideraL 

True recdvhg watm are identified in the Part 

1 munidpal NPDES sbnn water pamit 

rppliatron [fl2uscd~<lMiKH. 

6.314 Educational Mearuree for 

conatnlction site Operaton 

The proposed program should also spedfy 

the dnimum number of inspectzxs tit will be 

employed during the permit term ud how 

they will be trained. For example, Wme 

erosion and sediment control programs require 

that certified pnvate inqect~rs be used. In 

such case, p&ures for mspecbor training and 

cerbkabon must also be d-bed. 

co-an dbc opmton ofen nud 

trahhg and education about the sow, 

control, and impads of pollutants in ru&f 

from czommdon sites bee Virginia, 1988). 

7lwE?fore, rpp~cants must duai& examplar 

of informational materials and activities to be 

usd in education programs. 

In formulatmg procedures to Ldenttfy 

priontres for mspecting sites and cnfordng 

conhol measures, appilcana are encouraged tD 

bep early m the process (i.e., at the site 

plannmg stage, as dixussed previously~ and 

continue throughout all gnwnd disturbing 

activities. Once the nature of the constnxtion 

actwty has been estabLished or perhaps 

mo&fied dunng the site plan review proau, 

the physical 51be constramts cM be evalu&d so 

that effectwe controls can be implemented. 

$l22.%tdKl)(ivMDKa. me pgmrn for 

amsmxdm dtm must lndude a] duaiption 

of l ppropnabr ducmond and mining 

masum for awmction mte opmbm. 

For example, if the controt specified in the 

site plan prove to be ineffective, or if chqu 

OCCUI that were rot anhdpated during the 

planrung process, site inspection and 

enforcement mechansms can be required to 

nubgate the potentA for pohtanb to arta a 

downstream MZ4. In this instance, a per&nbamer, such as a temporary diversion dike, 

could be used to divert the concentrated runoff 

to a pqx slope drau~ termmatmg with a level 

hnphlaItauonUld abcement of u-osfon 

and sediment cmmls have hhtorially been 

major problem8 even with many programs that 

may he otherhe aanplary. Therefore, 

technIcal information on how to incorponte 

storm wakr managanmt with erosion and 

sediment control and other BMP training 

cmsea are mxrmmmded for municipal 

employees and atruction stte operators. 

Tmning on the rvarlable altemativa will help 

operators rmognize d correct problems 

promptly. Tools for such training include 

videos, workshops, seminars, and 

demonsbations or field tips 
An acceptable program must Include a 

trarnlng program, which should be 

supplemented by a certhcabon program for all 

consb-uchon site operators (contractors and 

developers) plan retlewers, and inspectors that 

work on sites that discharge to a MS-I For 

example. one NPDES State has a cerbflcabon 

program based on adequate hamlng and 

mn-umum-competency level teshng of all 

pnvate 1ndlvldual.s mvolved m the preparabon 

and lmpiementabon of erosIon and timent 

control plans 

63.3 Program to Control Pollutants in 

Storm water DisdMrge¶ from wa&e 

Handling Sites and from Industrial 

Facilities 

~lZZ26ddMl)~1v)~CJ IThe appkabon must 

mclude al dexnphon of a program to 

momtor and control pollutants VI storm water 

ddmrges to muruapal systems horn 

muruapal landus. hazardous waste 

treatment, dqosal and recovery faClhheS, 

mdustnal faaLhes that are subpa to SecQon 

313 of Title III ot the Superfund Amendments 

and Reauthonzatlon Act of 1966 C&RA). and 

mdunnal faahhes that the mwtlpal penrut 

I applicant determines dre conmbutmg a 

substdnhdl pollutant loading to the mwapal 

storm sewer system 

The storm water regulations envislon that 

NPDES perm~thng authonbes and muruclpal 

operators ~11 cooperate to develop programs 

to morutor and control pollutants in storm 

water dlscttarges to muruapal systems from 

various sites that handle waste and certam 

JndU5bidl fadlb~ 

Operators responsible for stoonn water 

dlxharges assoaated ~th rndustnal acb\qb 

must obhn h’PDES perrmts from EPA or an 

authonzed WDES State These lndustnal 

storm water pernuts ~11 estabhsh reqrurements 

such as controls, pracbces. and morutonng for 

st~nn lxater discharges from the lndustnal 

taallnti to the h1S4 The rtdustnal storm 

water perrmts wtll also provide a basis for 

enforcement ations &rectly agamst the 

Industrial owner or operator 

NPDES permlts for MS& HrlIl estabhsh 

responslblhbes for muruapal system operators 

to control pollutants from mdustnai storm 

water discharged through their system. 

Proposed storm water management programs 

must address the redution of pollutants m 

storm water discharges from municipal 

landfilb; hazardous waste treatment, storage 

and dsposal faalhes; facilltxs subject to SARA 

Title III; and other pnority industrial facdibes, 

as determined by the applicant. Munidpahhes 

should consider the information gathered for 

the Part 1 appkabon and other parts of the 

Part 2 apphcabon @arbcular~y the Source 

Identihcahon and Charactenzahon Data 

components) when pnontrnng St&m water 

discharges from these sites. In addition, 

Appendix 8 contams a list of pollutants 

commonty assoaated ~rlth various industries. 

In the Part 2 apphcahon, the Source Identihcabon component (see Secbon 4 of tis 

gudance manual) requves the applicant to 

provide an mventory of pollutant sources, 

orgaruzed by watershed. lhs Inventory 

ldenbhes and descrtbes the ptiucts and 

se~ces of each mdustnal faahty that may 

dlxharge storm water to the MS4. The Sours 

Zffenhficatin component suggests applicants u5e 

standard lndustnal dwrhcabon (SIC) codes for 

&us descnpbon. EPA strongly recommends 

ths mformabon be used to idenbfy priority 

waste handhng sites and mdustnal faahhes. A 

smlar kchmque could be developed for sites 

that do not meet the regulatory defirubon of 

“storm water dtiarge asmated ~rlth 

mdusti acbvlty” 6.e. not included in the 

Source fdenl~/~cat~on and DlschPrgc 

ChPract&han components), but are idenhfied 

as a htgh pnonty under the proposed 

management program. Appkants can obtain 

informanon on how SIC codes are used to 

descnbe the Lndustnal faclllbes located Hrlthm 

then pnsdrcbons from their NPDES perrmttmg 

authontj 
Proposed h4una~emenf Program 

Charactenzahon data should also be 

evaluated. Apphcank should analyze 

quantitative data from representativeoutfalls to 

establish a monitoring and control program. 

An integral part of this requirement is the 

adequacy of the applicant’s legal authority. If 

a municipality believes that a discharge of 

storm water associated with industrial activity 

violates the industrial facility’s NPDES permit 

limits, but the municipality does not have 

authority over the discharge, the municipality 

should contact the NPDES permitting authority 

for appropriate action. Examples of possible 

actions by the NPDES permitting authority are- 

. For a facility that already has a NPDES 

individual permit, the permit may be 

reopened and further controls imposed, 

l For a faality covered by a NPDES 

general permit, an individual sitespecific permit apphcahon may be 

required, or 

l For a faahty not covered by a NPDES 

storm water permit, a permit may be 

required 

The munlcipallty IS ultimately responsible 

for discharges from their MS4 Consequently, 

the proposed storm water management 

program should describe how the muruapaltty 

will help EPA and authorized NPDES States 

l Identify pnor~ty industries discharging 

to their systems, 

l Re\lew and evaluate storm water 

pollution prevenhon plans and other 

procedures that industrial faclltues 

must develop under general or 

individual permits; 

l Establish and implement BhlPs to 

reduce pollutants from these mdustnal 

facil thes (or require industry to 

implement them), and 

. Inspect and morutor mdustnal faalitres 

to verify that the rndustries drscharging 

storm water to the muruapal systems 

are m compliance with their NPDES 

storm water permit, if required 

63.3.1 Identifying Priorities 

Proposed management programs must 

clearly identify priority industnal factlitres. 

~l22.26fd)(2)(iv)(c)(l~. IThe apphcant must1 

identify priorities and procedures for 

inspections and establishing and 

implementing control measures for such 

dlscha%es 

This section discusses how applicants might 

identify priority facilities Won 6.3.3.2 

discusses how munkipahhes might develop 

procedures for mspections and tmplementation 

of control measures 

At a mmimum, priority facihhes include: 

l zd;y;g and closed murucipal 

I 

l Hazardous waste treatmenl, disposal or 

recovery fadhhes, and 

l Facihhes sublect to SARA Title III 

Municipalities must idenbfy these and 

other priority industrial facilities and describe 

the criteria used to Identify them For example, 

informabon from the Toxlcs Release Inventory 

is one source a murucipality could use to 

identify industrial faalihes sublect to SARA 

Title Ill. Other sources may include CWA 

Section 205 or 208 use-at-tamability studies, 

other studies that indicate a site-specific 

beneficial use impairment immediately 

downstream of a storm water outfall, or 

records of industnal pretreatment programs or 

other permit programs that tdenhfy facihbes 

that may be the source of a use impairment or 
a major contrtbubon of pollutants The 

program should also descnbe procedures for 

modllylng the inventory of pnonty lndustnes 

based on additional evaluahon that occurs 

throughout the pet-nut term 

Applicants may lIUtdl}r focus their 

implementabon effort3 on known polluhon 

sources The municipality may have 

previously ldentihed these sources, or they 

may be Idenhfled through existing information 

compiled during the permit application 

P-s However, the initial management 

program implementation strategy should be 

based on information gathered while 

complebng the Adequafr Legal Authority, Source 

Ident+hm, and Discharge Characlerrzahon 

secbons of the pet-nut apphcabon (See Chapters 

3, 4, and 5, respectively J 

During the term of the pernut, as addlhonal 

rnformahon becomes avalable, the muruapaht) 

should target and set pnorlhes for other 

program elements that emerge. For example, if 

the mumclpallb has mcomplete characterlzabon data about waste handlmg sites 

ldenhfled m thus program component because 

the Inventor\’ of dischargers to the M!S4 has not 

been completed, the muruapahty could 

propose to direct monltonng programs to those 

area3 Upon acquiring sufficient 

charactenzabon data, the pnonty of the sites 

dlschargmg to these porhons of the MS4 can be 

either determined or modlfled 

As noted above. when Idenhfjlng pnonh 

sites, apphcants must consld>r all the faallhes 

lIsted in 512 76(d1~7)(1~K)(7). When 

munlclpallhes de\-elop cntena for ldenbfymg 

addItIona prionh lndustnal facdlhes, they are 

adilseJ to consider, at a mmImuma 

l The I)p of Industrial ach\lty (SIC 

co& can help charactenze the type of 

industrial acb\iQ*), 

l The use and management of chemicals 

or rd\\ products at the facility and the 

1Ihellh~od that storm water drscharge 

tram the 51 te WIII be contammated; and 

l The size and locahon of the facility m 

relahon to sensitive watersheds 

6.3.3.2 Developing Procedures 

This program component should descnbe 

the speclhc steps that the muruclpallty ~111 take 

if it identifies a waste handling site or pnonty 

industrial facWy when preparing the Part 2 

application or during the permit term 

f§122~(d)(2)(lv)(C)(I), prmted in the box 

above]. The proposed management program 

must include procedures for rnspechng prionty 

industrial sites. The results of inspechon may 

be used as a basis for requinng storm water 

management controls and enhanced pollution 

prevention measures. It should also estabhsh 

an inspechon schedule for each pnority facility 

at the hme 11 IS rdenhhed 

Applicants may want to consider 

establishing pnor nohticahon procedures The 

applicant will need to evaluate the legal 

authority it has over pnonty facihhes to 

determine if prior nobhcahon is requued This 

IS another example of how EPA expects the 

different components of the appllcahon process 

to be lmked In thus instance, the Adequate 

Legal Authonty se&on IS bed directly to the 

prior nohhcatlon procedure of the mspecbon 

and evaluabon component of the proposed 

management plan 

Apphcants also should consider developing 

mspecbon documents such as standard forms 

or checklists for recording observations Forms 

and checkhsts can be used to Idenhb lugh risk 

areas of pnoritl facdihes and to make 

comparisons among sites When characterlzahon data or baseline esbmates are factored 

into the evaluabon process, the effecbveness of 

polluhon prevenhon achvlbes at a parhcular 

site could be quantified and compared to 

similar sites Other procedures thal applicants 

should describe to effectively Incorporate 

mspections as well as establish and Implement 

control measures for these types of drscharges 

can be derived from momtormg data 
Proposed ~Ianngemenl Program 

Apphcank. also should descnbe a 

procedure for cond uctlng follow-up 

mspecbons, where necessary, as part of this 

program component For example, follow-up 

mspectiom might be needed to verify the 

installation of a specific conbol or 

implementation of a pracbce specified in a 

negotiated agreement between the murucipaht) 

and the industnal site A system-wide 

approach to establishing priorihes for 

inspecbon procedures IS recommended. The 

system-wde approach should begin with the 

evaluation of exlsbng information, followed by 

the idenhflcabon and evaluation of new 

informabon dunng the permit term. Therefore, 

apphcants should lmk these procedures with 

information from the SOWCP Identificafiun and 

Discharge Chamkrr=afron components 

6.3.3.3 Establishing and Implementing 

Controls 

A mumclpallty must corwder if It should 

place more strmgent controls on discharges 

associated with mdushal achvlh’ than are 

rtlqwred in an mciusbIa1 faclh+s ewshng 

NPDES storm water permit I$122 26(d)(2)(lv) 

(011 prInted In bo\ above1 Usually, the 

mumclpahty ~111 not need to impose controls 

beyond those required In the mdustnal 

faclht!‘s NPDES storm water permit (for more 

informabon on appropriate controls, refer to 

Sform Ll.htt-r hlunapnent for fndusfrial Acliortles. 

Drwlqm~ Poll~rlr~~l Prewntm Plans and BcsC 

hl~~na~mcv~t Practrces, EPA 832-R-92-006, 

Seplember. l%C) 

Hwt’ver, nothing In the Federal 

regulatmn5 would prohrblt the muruclpallQ 

from requlnng addItional controls beyond the 

permit requirements for industnal achvlbes 

For th15 reason, EPA recommends that 

municipal applicants Incorporate a pro\uion in 

the F’“pWd storm water management 

prcjgrarn that allot\ s the municlpallty to require 

prltirlt\ induytrl.71 lacIlihe> to implement the 

controls nrlcessdr\’ for the muruclpahty to meet 

II- prmlt re~p0n51;-lbillhes 

Finally, the apphcant should suggest 

procedures for rqurnng pollutant control 

measures in runoff from pnonty lndushlal 

faclli ties Applicants should provide 

mformabon to the mdustnal facihbes that 

discharge to the MS4s and industry-speclhc 

guidance on appropriate control measures that 

Industries discharging to their systems should 

follow WDOE, 1991). 

Priority industnal facilities should focus on 

controlling activities such as the use, storage, 

and handlmg of toxic chemicals Standard 

methods for implementmg control measures at 

different @es of facilities should be desuibed 

To facilttate thus, muniapalities should obtain 

copies of the poUuhon prevenhon plans 

developed by industrial permit&es Control 

measures that the municipality may suggest 

include preventing exposure of pollutant 

sources to precipitahon, on-s] te pretreatment, 

and oil/water separators Applicants should 

proMde a schedule for sethng up this program 

component at pnonty industnal facllihes. The 

schedule shuuld include educahonal semlcei 

for mdustnal site operators and techrucal BhW 

guidance, training courses, videos, workshops, 

and seminars for plan reviewers, lwpectors, 

contractors, and developers 

6.3.3.4 Inspection and Monitoring 

The proposed management program should 

descnbe the mspecbon procedures that ~1111 be 

follorW.?d Storm water inspections can be 

coupled with inspechons for other purp05es 

(e.g., pretreatment programs, fire and safety) 

Proposed management programs should 

address mnumum frequent) for rouhne 

IIISpKhOlIS. For example, how often, hart 

much of the site, and how long an lnspcbon 

may take are appropriate to explam in ths 

proposed management program component 

Applicants should also describe procedures for 

conduchng inspecbon5 and pro\Tde an 

mspectof s checklIst 

In addltlon these InspectIon procedures 

should Idenbti the mmlmum number of 

Inspectors that ~1111 be employed and descTlbe 
Prouosed MatuwzmenI Proaram 

the programs to tram them For example, zf the 

number of inspectors IS expected to increase 

over the term of the permit, It should be noted 

in the proposed management program. Also, 

If storm water mspechons are combmed with 

other program inspect-ons, means of crosstrammg mspectors and coordinating schedules 

should be outhned 

Mumctpahbes are urged to evaluate 

pollution prevention plans and discharge 

monitoring data collected by the industrial 

facility to ensure that the facility is in 

compliance ~nth its NPDES storm water 

permit Sl te inspections should include (1) an 

evaluation of the pollution prevention plan and 

any other pertment documents, and (2) an onsite visual ins-on of the facility to evaluate 

the potential for discharges of contaminated 

storm water from the site and to assess the 

effechveness of the pollution prevention plan. 

A muruclpaltty could begm the inspechon 

process with information from the facilivs 

nohhcahon to the muntclpahty, which should 

have been submitted by May 15, 1991. 

Industnal faahhes must also submit an 

Indlvldual NPDES permit apphcatton, 

parbcipate in a group storm water permit 

apphcation, or file a Notice of Intent (NOI) to 

be covered by a general permit to the NPDES 

permiltmg authorih Se&on 308 of the CWA 

pro\rldes the legal authonh, for any indvidual 

(tncludlng a mumctpahty) toobbn Information 

from the NPDES permitting authority 

The proposed management program also 

must Include a descnpbon of a morutormg 

program for storm water discharges associated 

itlth tnductrlal factlthes 1~1zt26Cd)C2)Clv>COCZ)I 

The momtormg program should descnbe 

the frameworh and rabonale for selectmg 

morutonng sites Sites that may be appropriate 

for morulormg include locahons wrth several 

upstream mdustnal faclltttes, mdustnal 

facilities that are representative of a significant 

number of slmtlar facilities, and pnonty 

industrial sites \\lth sigruflcant potenhal for 

hl;+ level> of pJlutanb m their storm water 

dl>charges The decrtphon of the proposed 

~12226(d)(2)~ivM3U) [The apphcahon must 

describe] a morutonng pqram for stem 

water dlschqes assoaated Hoth the 

mdustnal faahhes identied m paragraph 

(d)(PWK~ of tb section, to be 

implemented dunng the term of the perrrut, 

including the submission of qualrtahVe data 

on the following conshtuents any pollutants 

limited in efnuent gwdelmes subcategxmes, 

where appbcable; any phtant bsted m an 

existiqWDESpernutfora~ty;oiland 

g=-e COD, pY BOD, Tss, total 

phosphorus, total Kpldahl nitrogen, nitrate 

plus r&rite nkogen, and any information on 

dkhargesrequimdunder4OCFR 

12221@VXii) and (iv). 

monitoring program should address how the 

monitoring data Hrlll be used ancj’what the 

frequency of the monitoring will be. 

Identifying who will actually conduct the 

morutonng (e g , industry or munictpalrty) IS 

appropnate to include m the program 

descnpbon. Linkmg tlus element of the 

monitonng program to the Adequate Legal 

Authority secbon of the permit app!lcation IS 

vital The legal authonty to require monitoring 

should prescribe the specific monitoring 

protocols requued elsewhere III the regulation 

Is122 26(d)(2)(t)01. Appltcants should describe 

proposed procedures for monitoring industnal 

faalthes, mcludmg methods for determinmg 

parameters to be sampled throughout the term 

of the permit At a minimum, parameters that 

must be considered for monitoring include 

l Any pollutant limited in effluent 

limitations gutdellnes for the 

subcategory of Industry; 

l Any pollutant that IS controlled m a 

NPDES permit for the process 

discharge from an mdustnal site, 

l 011 and grease, COD, pH, BOD, TSS, 

total phosphorus, total Kleldahl 

mtrogen, nitrate plus Write mtrogen; 

and 

6-20 
l Certain pollutant(s) known or 

suspected to be m the drscharge. based 

on 512221tg)(7)(111) and (IV) &cbOn 

5 3). 

II a murucrpahty belteves cbased on the 

results of morutormg and mspect~ons) that an 

mdustrtal facrhty ts not meebng its NPDES 

pernut requrrements, the muruapalq should 

pebhon the NPDES author@ to ather requrre 

the faalrty to change ik pollution prevenhon 

plan or institute an enforcement action. 

hhnkipahties may aho file amen smk under 

CWA *on 505 to enforce the condrhons of 

the NPDES per-nut. 

6.4 STRUCTURAL CONTROLS 

6.41 Description of Structural Controls 

Applicants are requued to tdenttfy the 

locauon of major structural controls for storm 

water (retenhon basms, detentton basms, major 

mfiltrahon devrces, etc) m Part 1 of the 

apphcahon 15122 26(d)(l )(m)(B)(5)1 In Part 2, 

apphcants must descrrbe adhbonal controls 

that thev plan to rmplement 15122 26(d)f2)(tv)] 

The controls must address the acbvlhes 

described m %cbOn 63 In addthon, the 

applrcan t must describe mamtenance 

procedures I5122 26(d)(2)(tv)(A)(I),d~ in 

Sectron 6 4 21 Later, when the muruapahty 

submtts its annual report, it wrll have to report 

on lk progress In Implemenbng these controls 

[§122 42(c)(l), dtscussed m Sechon 7.3 of tlus 

gurdancel 

The mamx m Exlubrt 63 prolldes 

mformatlon on commonly used structural and 

source control BMPs. Structural practxes to 

control urban storm water runoff rely on three 

basic mechamsms detention, infiltration, and 

filtration More detarled techrucal tnformahon 

about source controls (paacularly tn the 

selecbon of sbuctural BhlPs) ts avarlable in the 

techrucal Bhtl’ manuals fi~CoC, 1991, 

Schueler, 1987, WDOE 1991; and EPA 199Oc) 

The followmg summary of structural and 

source control BMPs draws extenstvely from 

those manuals 

Applicants should note that CWA Sectron 

404 permits may be requued for some 

structural controls, includmg any conbol 

projeck that Involve the drscharge of dredged 

or fill material tnto waters of the United States, 

including wetiands. States may al50 require 

permik that address water quality and 

quanhty. To the extent posstble, muniapahties 

should avotd locahng stnrctural controls in 

natural wetlands. Before consrdering siting of 

controls m a natural wetland, the muniapalrty 

should demonstrate that rt IS not possible or 

prachcable to constnxt them in sites that do 

not contam naturaI wetlands, and that the use 

of other nonstnxtural or source controls m 

not pracbcable or as effecbve. In addition, 

impack to wetlands should be mnuznlzed by 

tdenhfymg those wetlands that are severely 

degraded or that depend on runoff as the 

pnmary water source. Moreover, natural 

wetlands should only be used m conJunctton 

wtth other pracbces, so that the wetiand serves 

a “final polishmg” functron (usually targebng 

reducbon of pnmary nutnenk and sedtmenk). 

Finally, prachces should be used that settle 

sohds, regulate flow, and remove contammank 

prior to dkchargtng storm water tnto a 

wetland 

Another concern for sitmg controls IS the 

possible adverse effect that tnfiltrabon and 

detenbon controls may have on ground water. 

7Ius Issue IS addressed tn more detarl m 

Section 7.2.3 

621 
Exhibit 6-3 

Struchrral Controls Matrix 

MAINTFNANCE ADVANTAGES DISADVANTAGES 

l Pcnod~c mowing 

l Regular debris removal 

l Sediment remrlval annually 

l l’owblc to prowde ~KXI parhcula7tcs removal 

l Can serve large development 

l Requires less capital cost and land area when 

compared to wet basm 

l Does not usually release warmed or oxygendepleted water downstream 

l Protects against downstream channel eroslon 

l Can umte valuable wetland and meadow habitat 

4 Generally not feasible for dramage areas less 

than 10 acres 

l If not adequately maintamed, can become a 

nuisance; (becomes unsightly, breeds mosquitos. 

and creahzs undesirable odors) 

l Periodic mowing and maintenance can be 

detrimental to nesting birds or other animals 

inhabiting the are8 

l Inspechon 

l Ferhhzer use rf necessary to 

malntam stable vegetation 

l Can be used as e runoff conveyance 

where nmoff veloaty is low to moderate 

. Enhances urban wildhfe habitat diversity 

. EconomIcal 

t removal hlghJy vanable 

ty in highly urbanized areas 

where nmoff velodties are high and flow is 

concentrated 

l Requires pehdic repair, regrading, and 

sediment removal to prevent charm&z&ion 

l Maintenance can be detrimental to neshng birds 

to higher nutrient loadings 

. Pcnodlc mowmg 

l Fertlhzer use If necessary to 

maintain stable vegetahon 

l Require mammal land area 

l Can be used as part of the runoff conveyance 

system to provide pretreatment 

l Can provide sufhaent runoff control to replace 

curb and gutter m srnglefamily resldenhal 

subdrvisions and on hlghway medians 

l Economical and aesthehcally pleasmg 

l Fertilizer use can lead to higher nutnennt Ioadmgs 

in storm water runoff 

6-22 
Exhibit 6-3 kontinued) 

Structural Controls Matrix 

CONTROL AND 

MAINTENANCE ADVANTAGES D~ADVANTAG~~~ 

REQUIREMENTS 

Forous Favement l l’rowdes ground water recharge l Requires regular maintenance 

l Prowdes water quality control wIthout addlhonal l Possible risks of ground wakr contaminahon 

l Rouhne removal of fme ccmsumphon of land l Only feasible where soil is permeable, of 

parhrles from Furface l Can provide peak flow control sufficient depth to bedrock and water table, and 

l High removal rates for sediment, nutnents, organtc gentle slopes are present 

l May need waght hmlt of matter, and h-ace metals l Not suitable for areas with )ugh traffic volume or 

haffic imposed for protection l When operating properly can replicate pre- heavy vehicles 

development hydrologc conditions l Need extensive feasibility t&s, inspections, and 

l Ehmrnates the need for storm water drainage, very high level of construchon workmanshp 

conveyance, and treatment systems off-site l High failure rate due to clogging 

l Not suilable to serve large offsite pervious areas 

l Lunited use in snowy donates where sandmg 

and salting opaations occur 

Concrete Grid Pavement 

l Pmcdic mowing, if planted 

l Provides peak flow control l Requiresregularmaintenance 

l Provides ground water recharge l Not suitable for area with high traffic volume 

l Provides water quality control without addlhonal l Possible risk of contaminating ground water 

consumption of land l Only feasible whae soil is permeable, of 

sdfident depth to bedrock and water table, and 

gentle slopes are present 

Filtration Basin 

l Penod~c vacuummg and 

power washmg 

l AbWy to accommodate moderately large-sized l Requires pretreatment of storm water through 

development G-80 acres) sedimentation to prevent filter media from 

l Flexlbllity to provide or not provide ground water premahue dogging 

recharge 

l Can provide peak volume control 

6-23 
Exhibit 6-3 (continued) 

Struchual Controls Matrix 

MAlNTENANCE! ADVANTAGES bEt3ADVANTAGES 

l Can serve large developments; most effecnve for 

9 Penod~c dredging, preferahly large, mtenslvely developed sites l Potential for safety and liability issues if not 

from forebay area, if l Etihances species diversity, aesthehcs, and provides properly built and maint&ned 

prnperly designed recreahonal benehk . If not adequately maintained, can become a 

l Little ground water discharge nuisance; (becomes unsightly, breeds mosquitos, 

l Mowing of Impoundment to l Permanent pool In wet ponds helps prevent scour and creates undesirable odors) 

prevent successional growth and resuspension of sediments l Requires considerable space, which limits use in 

l Provides moderate to kgh removal of both densely urban&d areas with expensive land and 

parhculate and soluble pollutants 

“B= (SC5 dassification) 

l Potential for themal discharge and oxygen 

Extended Detention Wet Bastn l Provtdes peak flow control l Not feasible for drainage area less than 10 acres 

. Can serve large developments; most effective for l Potential for sufe!ty and liability issues If not 

l Penodic dredging of large, mtenmvely developed sites properly built and maintaIned 

sedtment forebay l Enhances specter dtversrty, aesthencs, and provides l If not adequately maintained, can become a 

tPCreahOM1 benefits nuisance; (becomes unsightly, breeds mosquttoes, 

l Permanent pool in wet ponds helps prevent scour and a-e&es undesfrable odors) 

and resuspension of sediments l Requires considerable space, which limits use in 

l Provides better nutrient removal than traditional densely urbanized areas with expensive land and 

. Not suitable for hydrologic soil groups “A” and 

“6” 6CS dassffication) 

l Potential for thermal discharge and oxygen 

I 

depletion, which may severely impact 

I downstream aquatic life 

Sources Modlfkd from MWCOC, 1991, Sdrueler 1987, and WDOE, 1991 
Prqmied Managemenl Program 

6.4.1.1 Detention Controls 

Detenbon controls temporarily store storm 

water runoff to control peak runoff rates and 

provide a reduction m pollutant concentrations 

by thegravltahonal setihng of suspended sohds 

and associated contammants Except for 

incldental losses due to evaporahon or 

percolation, essentially all the detamed water is 

subsequently discharged to a surface water 

conveyance (e.g., a stream or M!X The most 

common examples of detention practices are 

extended detention basins and wet (retention) 

basins 

Variations on these basic detention controls 

include consbucted storm water wetlands and 

mul bple pond systems These types of controls 

also rely on detalnmg flows Qeadmg to 

sedlmentahon) as the pnmary means of 

pollutant removal Recent investigations 

suggest that wetlands vegetation wthm a 

detenbon control can also reduce nutrient loads 

and certam other pollutants by mcorporatmg 

them mto plant hssue 

If properlv deslgned, detention controls can 

protect downstream channels by reducmg the 

frequency 01 banMull flood events and 

associated erosion Reduchon In velocity and 

sediment load IS also Important for mimmlzmg 

the adverse Impacts of discharges to MS4s 

Detenhon faclhhes also can provide terrestnal 

and aquatic wrlldhfe hahltat if they are 

landscaped and planted appropnately 

When consldermg detenhon cxmtrols, the 

munlilpallt\~ should comlder the potential 

negah\e errects of downstream warmmg that 

may be caused by the shallowness of the water 

In the control The municlpahty should also 

consider negative impacts of detenhon controls, 

such as reduced baseflow; bacterlal 

contammahon due to waterfowl, and potential 

ImpaiL to i~7ldllfe from concentrated 

contaminanti, waterfowl diseases, and 

maintenance prachces Safety and hablhty 

Issues and nuisance factors, such as mosquitoes 

and odor, all should be corwdered. Settmg 

detenhon controls In sensihve floodplau or In 

exlshng wetlands should generally be avoided. 

The floodmg effect of Impounding and 

detauung water IS a particular concern if the 

upstream watershed drams more than 250 

acres, because the volume of runoff and 

requued detention hmes can cause inundation 

of upstream channels to occur. 

Detention controls incorporating multiple 

pond systems and/or constructed storm water 

wetlands also treat runoff through the 

processes of absorption, filtration, biological 

uptake, volatihzation, precipitation, and 

microbial decomposition. Recent investigations 

by the Metropohtan Washington Council of 

Governments suggest that mulhple pond 

systems, in war, have sh6ti potential to 

provide hgher and more consistent levels of 

treatment than traditional detention controls 

The redundancy afforded by the multiple pond 

system generally increases the rehablllty of the 

control. However, the potenhal concerns and 

drawbacks affecbng retenhon basms also apply 

to these systems Many of these systems are 

currently bemg designed to include vegetative 

buffers and deep water areas to enhance 

mldhfe habitat and to Improve the appearance 

of the facility If a mutucipahty selects one of 

these more innovahve designs, It should 

recogruze that pertodlc maintenance is 

necessary The effectweness of these conhols, 

like most controls, depends on proper 

operation, mamtenance, and monitoring of the 

enhre sys tern 

Wet (Retention) Basins 

Wet (retenbon) basms are designed to 

mamtam a permanent pool of water and 

temporarily store storm water runoff unhl it is 

released at a controlled rate Unhke extended 

detention ponds, wet basins cannot detam 

runoff for long hmes, because most of their 

storage capaaty IS needed for holdmg the 

permanent pool Enhanced designs Include a 

forebay to trap mcommg sediment where it can 

be easily removed A fringe wetland also can 

be estabhshed around the pnmeter of the 

basin Slmtiar to detenhon controls, locating 

6-25 
Proposed Management Program 

retenhon basins in sensitive floodplains or 

exishng wetlands should be avolded If possible 

Extended Detention Basins 

Extended detention basins temporarily 

detain a portion of storm water runoff for 24 to 

48 hours after a storm, gradually releasing the 

stored water through a fixed opening lo allow 

urban pollutants to settle out The basins 

normally return to a “dv condition between 

storm events and do not have any permanent 

standing water. These basins are typically 

composed of two stages: an upper stage, which 

remains dry except during larger storms, and a 

lower stage, which is designed for typical 

storms. Pollutant removal from extended 

detenbon basins can be enhanced if they are 

equipped with plunge pools near the inlet, a 

mIcropool at the outlet, and an adjustable 

reverse-sloped pope as the extended detention 

control device. 

Water Quahtv Inlets 

Water quahty inlets (also referred to as 

catch basins) are small underground systems 

that, like retenhon basins, rely on settling to 

remove pollutants before discharging water to 

the MS4 Several designs of water quality 

Inlets exist. In their simplest form, catch basins 

are single-chambered storm water inlets with 

the bottom lowered to provide 2 to 4 feet of 

addlhonal space between the outlet pipe and 

the bottom of the structure for collection of 

trash and sediment. Some water quality mlets 

include a second chamber blth a sand filter to 

provide addthonal removal by hltrahon The 

first chamber provides effechve removal of 

coarse par&les and helps prevent premature 

cloggmg of the filter media. 

Water quality inlets may Include an oil/gnt 

separator. There are 3 basic types of oll/gnt 

separators the spill control EC), the coalescing 

plate mterceptor (CPI), and a design credited to 

the Amencan Petroleum Institute (API). Most 

of the 011 /gnt separators that are promoted for 

use m reducmg hydrocarbon loads in storm 

bx’afer are a modlhcahon of the API design, 

although there are appropriate apphcations for 

all three separator designs. Oil/grit separators 

based on the API design consist of three 

chambers. The first chamber removes coarse 

material and debris. The second chamber 

provides separation of oil, grease, and gasoline 

from the storm water runoff; and the third 

chamber provides a safety rehef should a 

blockage occur. 

Recent experiences have shown that, 

because of thelr volume limitations, oil/grit 

separators have limited pollutant removal 

effectiveness. They are perhaps the best 

example of a structural control that is only 

eHective with frequent maintenance. Proper 

disposal of the standing water, trapped 

sediments, and floating hydrocarbons are 

problems in the few locations that have been 

studied. 

Constructed Storm Water Wetlands 

Constructed storm water wetlands are a 

hybrid, drawing on elements of detention and 

retenhon basms. Conshwted storm water 

wetlands are shallow pools and are often 

designed to simulate the pollutant removal 

functions of natural wetlands. El-lhaINXd 

designs may include a sediment forebay, 

carefully contoured topography, and multiple 

species of wetland plants. Constructed storm 

water wetlands, while a promising technology 

for pollutant removal from storm water, may 

not replicate all the ecological functions of 

natural wetlands. 

6.4.1.2 Infiltration Controls 

Infiltration controls rely chiefly on 

absorption to treat storm water discharges. ln 

the ideal case, storm water percolates through 

a porous medium and into native soils where 

filtrahon and biological achon remove 

pollutants Typical controls of this type include 

infiltrahon trenches, infiltration basins, filtrahon 

basins, porous pavement, and concrete or block 

pavers. Systems that rely on soil absorption 

work best in deep, highly permeable soils that 

6-26 
Proposed Management Program 

are at least four feet away from the seasonal 

ground-water table. 

The Sal Conservation Service (SC9 

classihes soils into four major soil groups A-D. 

The soil groups are as follows: 

Croup A: Sand, loamy sand 

Group B: Sandy loam, loam 

Group C: Silt loam, sandy clay loam 

Group D: Clay loam, silty clay loam, sandy 

clay, silty clay, and clay 

Soils in Group A provide the highest 

infiltration rate while soils in Group D provide 

the lowest Suitable soils for ititration-type 

controls typically fall in soil groups A and 8. 

Other types of soils may be suitable, provided, 

the clay content does not exceed 30 percent 

(clay has very low hydrauk conductivityY). 

The clay content of sol1 may be determined 

from the !XS so11 textural triangle, which can 

be found in many civil engineermg references 

texts 

If suitable soils are available, the 

widespread use of mfrhrahon m a watershed 

can k useful m helpmg to mamtam, restore, or 

repkate predevelopment hydrology. Specihc 

benefits of InfIltration often Include increased 

dry-weather baseflow m streams and a 

reduction in the frequency of bankfull floods. 

However, mftltrahon systems are not 

recommended unless soil conditions warrant. 

Also, mhltrahon should not be used where 

ground water requires protectron. For 

example, the use of mfrltration-type controls 

may not be appropriate in areas that recharge 

sole source aquifers. 

lnflkrahon Basms 

Infiltrahon basins are areas that intercept 

incoming stann water runoff and temporanly 

sttire it until it gradually mflltrates mto the sod 

surrounding the basin. lnflltration basins 

should be designed to control dramage areas 

ranging from about 5 to 50 acres. They also 

should dram ilt.lun 4-51 to 72 hours to mamtaln 

aerotx condlhcxs favonng bacteria that aid in 

pollutant removal, and to ensure that the basin 

is ready to receive the next storm The runoff 

entering the basin IS usually pretreated to 

remove coarse sediment that may clog the 

surface soil pores on the basin floor. 

Concentrated runoff may flow through a 

sediment trap or by sheet flow (vegetahve filter 

strip). 

Infiltration Tnznches 

infiltration trenches are shallow (e.g., 2 to 

10 feet deep) excavated ditches or vaults that 

have been badcfilled with a coarse stone 

aggregate. The aggregate forms an underground reservoir that has approximately 40 

percent void space. Storm water runoff 

diverted into the trench gradually infiltrates 

from the bottom of the trench into the subsoil 

and eventually into the ground water. 

Variations in the design of infiltration trenches 

include dry wells and percolation pits that are 

designed to control small volumes of runoff, 

such as the runoff from a rooftop A more 

complex variation is the enhanced mfrltrauon 

trench, which is equipped with filter fabric or 

a more extensive pretreatment system to 

remove sediment and OIL Dependmg on the 

quality of the runoff, pretreatment may be 

necessary to lower the failure rate of the trench. 

Infiltrahon trenches are generally best suited 

for drainage areas of less than 10 acres They 

are particularly applicable for use on residential 

lots, small commercial areas, down slope from 

parking lots, and under dramage swaks. 

Grassed Swales 

A grassed swale is an intiltrahon method 

that is usually used as a form of pretreatment 

before dischargmg runoff to another storm 

water control device (e.g., a delenhon basin) 

However, the grassed swale itself IS a control 

that can remove significant amounts of 

pollutants through sediment entramment A 

grassed swale is a shallow, vegetated, manmade ditch with the bottom elevahon above 

the water table to allow runoff to mfrltrate into 

the ground water. The vegetahon helps to 

6-27 
Proposed Management Program 

prevent erosion, filters sedunent, and allows for 

some uptake of nutrients. 

Porous Pavement 

Porous pavement, which is basically 

tradlhonal asphalt aggregate without the hne 

particles, rs an alternative to conventional 

pavement. Proper design and application of 

this control can reduce or eliminate the need 

for curbs and gutters, storm drains and sewers, 

and offside controls. Instead, runoff is diverted 

through a porous asphalt layer into an 

underground stone reservoir. The stored 

runoff gradually extiltrates out of the stone 

reservoir rnto the subsoil. Soil considerations 

are important when evaluating the 

appropriateness of this control. Generally, 

grades should be gentle, and subsoil should be 

at least 3 feet thick (to bedrock) and moderately 

permeable (capable of infiltrating about one 

half Inch per hour). because porous pavement 

tends to clog wrth fine sediments and because 

It loses 16 effechveness under heavy loads, Its 

apphcation should generally be limited to lowtraffic areas (e g., overflow parkmg areas) and 

areas that are not exposed to large beanng 

loads caused by heavy vehcles 

Concrete Grad Pavement 

Concrete gnd pavement has concrete blocks 

with regularly interdispersed void areas that 

are filled with pervious matenals, such as 

gravel, sand, or grass The blocks are typically 

placed on a sand or gravel base. They are 

usuallv deslgned to provide a load-bearmg 

surfact adequate for supportmg vehrcles, whrle 

allowmg mfiltrahon of surface water mto the 

underl)lng so11 

6.4.1.3 Filtration Controls 

Frltrahon controls treat storm water flows 

b)* using vegetation or sand to titer and settle 

FdlUlmb Generally, these controls are most 

effective before the flows become concentrated 

(e (1 sheet flow) In certain instances, 

Imlltrabon and treatment m the subsorl also 

ma\ Kcur through the processes of absorpbon 

and adsorption After passing through the 

filtrahon media. the treated water IS usually 

dtrected to a stream or MS, although it ma) 

be evaporated or percolated into the ground 

Frhrahon controls include filter strips, grass 

swales, and sand filters Sand filters are 

parhcularly useful for ground water protechon 

Apphcants must consrder the influence of 

climate when they select vegetative system5 

Veizetative Filter Strips 

Vegetative filter stnps (also called biofilters) are vegetated sections of land designed 

to accept runoff as overland sheet flow from 

upstream development They may adopt any 

natural vegetated form, from grassy meadow to 

small forest. The dense vegetative cover 

facilitates sediment reducbon and. pollutant 

removal filter ships cannot treat lugh-veloaty 

flows Therefore, these strips generally have 

been recommended for use in agncult-ure and 

low-density development and other situahons 

where runoff does not tend to be concentrated 

Unhke grassed swales, filter stnps are efiechve 

only for overland sheet flow, as opposed to 

concentrated flow Grading and level 

spreaders can be used to reduce the energ! of 

concentrated flows and drstnbute the runoft 

evenly across the filter stnp Vegetduve filter 

stnps are often used as pretreatment for other 

structural prachces, such as mfilhahon 

trenches Leaving a buffer of natural 

vegetahon along an urban stream valley IS an 

example of a vegetahve filter sh-ip and also an 

example of a nonstructural control 

Flltrahon Basins 

Fdtrahon basins are usually small 

impoundments lined wrth filter media, such as 

sand or gravel Storm water drams through 

the hlter media and perforated pipes into the 

subsoil For ophmal pollutant removal, 

recommended detenhon hmes range from 24 to 

48 hours wrth a maxrmum dramage area of 

about 50 acres Grassed swales or other 

structural controls can be used to filter coarse 

sediments and thereby muunuze clogging of 

the filter medium 

6-28 
Propcd Mangemen t Program 

6.4.2 Maintenance Activities 

After summarizing the locahon of malor 

structural storm water controls, apphcankmust 

submit a descnphon of maintenance activities 

and a maintenance schedule for structural 

controls to reduce pollutants. 

§122.251d)(2)(lv)(A)(I) IThe application must 

include al descnphon of mamtenans 

achvlhes and a mamtenance schedule for 

ehuctwal controls to reduce pollutants 

(includmg floatable9 m discharges from 

muruapal separate storm sewers. 

Typical maintenance requirements include: 

l Inspechon of basms and ponds after 

every major storm for the first few 

months after construction and annually 

thereafter, 

l Mowmg of grass filter stnps and swales 

at the frequency necessary to prevent 

woody growth and promote dense 

vegetation, 

9 Regular removal of htter and debns 

from dry pond,, torebays, and water 

quality Inlets, 

l Perrodlc stablllzatlon and revegetahon 

of eroded areas, 

l Perlodlc removal and replacement of 

flltcr m&l,, from lnhltrabon trenches 

and hltratlon ponds, 

l Deep hlhng of infiltrahon basms to 

mamtaln mtlltratlve capablllty, and 

l Frequent vacuuming or let hosing of 

pc7rc7u’ pavement or concrete gnd 

pavements 

Laih of maintenance often lmuts the 

et irihvt3ie?~ 01 storm eater structural controls 

suih a? delentlon ‘relenbon basins and 

itiltrahon devices. Mamtenance programs 

should address measures for catch basins and 

dramage channels in addlhon to major 

structural control5 

The proposed program should prokqde for 

maintenance logs and Idenhfy spec~hc 

mamtenance activlhes for each dass of control, 

such as removmg sediment from retention 

ponds every five years, cleaning catch basins 

annually, and removing litter from channels 

twice a year. If maintenance activities are 

scheduled infrequently, inspections must be 

scheduled to ensure that the control is 

operating adequately. In cases where 

scheduled maintenance IS not appropriate, 

maintenance should be based on inspections of 

the control structure or frequency of storm 

events If mamtenance depends on the results 

of inspe&ons or if it occurs infrequently, the 

apphcant must provide an inspechon schedule. 

The apphcant should also identify the 

mumcipal department(s) responsible for the 

mamtenance program. 

Muruclpahhes should use cauhon m 

adophng controls that do not have sufficient 

tistory of use for theu performance 

charactenshcs and maintenance requirements 

to be adequately evaluated A good example IS 

the oll/grlt separator used on small commercial 

or retail sttes Some murucrpalihes have 

required the use of these technotoges, but due 

to poor performance, muniapahties have often 

resanded the requirement. In these cases, it IS 

not clear whether the control technology was 

ineffechve or the mamtenance program was 

flawed 

Because mamtenance is cnhcal to successful 

program Implementahon, it must be considered 

throughout the term of the permlt Applicants 

may wsh to develop a matnx that Identifies 

mamtenance tasks on a hmelme indlcahng 

cntena for mspecbon, repalr, and replacement 

PERT charts, GANT charts, or other crihcal 

path analyses (available for personal 

computers) can help orgamze a mamtenance 

program and schedule. For a surnm~zed 

6-29 
Froposed Mana.pemenl Program 

hstmg of appropnate maintenance ach\qhes 

and schedules refer to the matrix in Exhibit 6-3. 

6.4.3 Considerations for Planning and 

Siting Controls 

The storm water management program 

should descnbe the cnteria used to Identify 

that a particular structural cbntrol is warranted 

and the circumstances under which it will be 

required. The possiblhbes for new control sites 

should be evaluated fbr their storm water 

quality control potential. - Guidelines and 

performance standards that identify specific 

structural controls for new development should 

be proposed m the procedures for new 

development. From ths evaluation, priorities 

based on the feaslbillty of implementing a 

parhcular control at a pven location can be 

determined. 

6.4.3.1 Use of Municipal Lands 

Applicants should discuss exlshng major 

structural controls and sites that have the 

potenhal for new structural controls which 

could be mstalled on murucipal lands and other 

major nghts-of-wav (e g , major roads and 

highways) Rote that exlstmg controls are 

ldenhfled In Part 1 apphcahons 16122 26(d) 

(1)(11lKE5)(5)] The location of pubhcly ow~~ed 

parks, recreahonal areas, and other open areas 

are also ldentrfled I5122 26(d)(I)(luH6)J 

To determine what storm water quahb 

controls are necessary for public lands and 

facilihes, current acbvihes 2nd funchons that 

ma\ affect the quality of storm water 

d&harges should be ldenhhed Such achvlhes 

and funchons include parks, trawls, and other 

recreahonal land uses, road mamtenance and 

snow management, and storage and repar 

yards/shops for muruapal vehicles An 

rnventor\* of public land uses may be necessan 

to help make deterrnmahons of what controls 

are needed An effechve inventory should 

involve coordinahon among all of the local 

departments and agencies that have authonh 

oi’er the u>e of put7hc lands and facllihes 

Opporturubes for controllmg storm water 

quality problems that are Identified through the 

inventory process can be evaluated on a srtespeaflc basis and Included m the proposed 

management program 

There are several benefits to the 

establrshment of structural controls on 

mumapal lands: 

Municrpal lands often provide greater 

retrofit opporhlnitles because they 

typically do not require additional 

PVerty PurchaMurucipal landsensureopporhmities to 

provide future maintenance and 

secunty in preservation of the retroht 

control, 

Applicants may be able tu adapt 

exlshng muniapal functions (such as 

lndustrlal pretreatment program 

Implementahon, fire-safety insmons, 

and flood-control activities) to address 

storm water quality concerns 

(Expanding their mlsslon to address 

storm water concerns may be more 

cost-effectn~e than iruhahng entireI> 

new programs.), 

Applicants may be abte to adapt 

funchons of development on mumcipal 

lands (such as planrung, zorung, and 

construchon oversight funchons), and 

After consldenng controls on muruclpal 

lands, the applicant ~5111 be m a better 

position to address the pnvate land 

under 1t.s jurisdlchon 

As a precaution, however, applicants need to 

consider potenhal confhcts ansmg over the 

mulhple use of pubhc lands Cntena other 

than land ownerstip (e g , locatmg controls 

downstream of developed areas) also should be 

considered when decldmg where to locate 

storm water runoff controls 

6-30 
Proposed hianagement Proflam 

6.4.3.2 Use of Private Lands 

A mumclpallty alco may Incorporate storm 

water qualIly controls Into US land use plan to 

indicate controls that may be necessary for new 

development Some of the best opportunities 

to prevent polluhon and to implement effechve 

storm water quahty controls occur during 

development Local governments typically 

play a strong role in overseemg new 

development and have, or can adapt, 

administrative infrastructure to address storm 

water quahty concerns. 

The storm water management process 

should begin with land use planning and 

zoning and conbnue through the development 

and redevelopment processes. Municipalities 

generally can obtain commitments from land 

developers more easily pnor to re!mquis!ung 

junsdlchona! leverage over the parcel where 

the potenbal control IS to be located Leverage 

can be achieved through plan approval or 

zonmg changes me negotiation process for 

the dedlcahon, condemnation, or other 

acqulsltlon of land and the process for getting 

the land developer to construct or otherhlse 

implement conhols WI!! varv drama&a!!) 

among muruclpahhes. parbcularly among those 

In different States 

Source ant! structural controls are most 

cost-eftectlve when development IS planned 

mth storm water quaky controls in mmd 

However, It IS probably more appropnate for 

the mumclpallty to propse a flexible plan that 

specifies a vaneh’ of program ob!mves 

through Ihr det-elopment process rather than 

Idenhf>mg a certam pnonty and ngd 

schedule Other benehts of early and flexible 

plannmg mclude ecolopca! dlverslty, wetlands 

preservahon, and the creation of controls that 

also funchon as amemhes Comprehenslve 

land use Flaw zonmg ordmances, and 

subdlvlslon ordinances are important 

mecharusms to implement these controls early 

In the development process Conslderahon of 

storm ~.ater qudhh- during predevelopment IS 

one ot the mo>t eItech\e brass to Implement 

controls This IS because the maximum 

flexibility (and opporturuty) to Incorporate 

BMPs exists prior to fmal land uw declsrons 

and construction actikihes (see Sechon 6.3 1 1) 

6.4.3.3 Siting Considerations 

lmwrviousness 

The degree of imperviousness affects the 

concentration of pollutants m storm water, 

which in turn affects the type of structural 

controls that may be necessary. As the 

imperviousness of an area increases, the runoff 

volume and the pollutant loading increase. 

Studies show that runoff from indusba! areas, 

which generally have a high degree of 

imperviousness, can have a wider variety and 

greater concentration of pollutants than runoff 

from other iand uses Recent studies also 

indicate that the degree of imperviousness can 

be inferred from the level of degradation in 

urban recelvmg streams For example, see 

Schueler 1991 and Kllen 1979 1 Population 

projechons ~111 not mdlcate the degree to 

which industrial land use WI!! increase unless 

planning and zorung mformahon 1s also 

considered 

Soil Conditions 

Controls designed to ltiltrate storm water 

will be affected by site specific SOI! conditions 

For example, clay content of the so11 and the 

antecedent moisture content (degree of soi! 

saturahon at the time of a given storm event) 

wi!! strongly mf!uence the effectiveness, and 

therefore the applicability, of infiltration 

controls for a @ven locahon 

6.5 PROGRAM AND SCHEDULE TO 

DETECT AND REMOVE ILLICIT 

DISCHARGES AND IMPROPER 

DISPOSAL 

NPDES permits for &charges from MS& 

require et-fechve detecbon and removal from 

the MS4 of llllclt or improper discharges and 

disposal 

6-31 
Proposed Mnnngemenf Program 

5122 26(d)(2)(lv)(B) IThe apphcatlon must 

mclude a] descnphon of a progmm, includmg 

a schedule, to detect and remove (or rqure 

the drscharger to the mumcipal separate 

stoRn sewer to obtam a separate NPDES 

pernut for) llhat discharges and Improper 

disposal mto the storm sewer 

The NURP study concluded that the quality 

of urban runoff can be adversely impacted by 

i&it co~fxtions ad illegal dumping. Ofk?n, 

large amounts of wastes, particularly used ok, 

are improperly disposed of in storm sewers. 

Elrminahon of these sources of pollutants 

would result m a dramatic unprovement in the 

quality of storm water discharges from MS4s. 

Procedures to elimmate such d&charges should 

be an important part of the proposed 

management program. 

The regulatory requirement cited above IS 

Intended to ckectly implement the mandate of 

Sechon 402(pM3)(8)(11) of the CWA, w!uch 

requires permits for MS4s to effechveiy 

prohbit non-storm water discharges into storm 

sewers In certam instances, the most 

appropnate achon WI!! be for the muniapality 

to ensure thal I!!ICI~ discharges become covered 

by a NPDES permit However, In most cases, 

ellmmation of llllclt drscharges or improper 

dumping IS the appropnate focus of tlus 

program component The quality of storm 

water runoH from inner-a5 core areas, 

parbcularl! m older parts of the country, 

would beneht most from t!us component 

The apphcant should propose a schedule 

for implemenhng this program component 

throughout the miha! permit term Thus 

schedule should reflect the pnonbes idenhhed 

by the mumapalltv durmg the application 

procesb and be based on the problems 

parixular to the speck IL14 

6.5.1 Prohibiting IIlicit Discharges 

The proposed management program must 

Include a descnpbon of inspechon procedures, 

orders, ordinances, and other legal authoribes 

necessary to prevent ll!lclt discharges to the 

Ms4. 

~122.26(d)(2MvMB)(1) [The appkahon must 

include al descriphon of a program, mdudmg 

inspecttons, to Lmplement and enforce an 

ordmance, orders or similar means to prevent 

illicit discharges to the muruclpal eqxuate 

storm sewer system; ths program descnptlon 

rhdlddlessal!typesofluiclt~, 

however the following c24tep-y of non-storm 

water discharges or flows shaIl be addressed 

where such dieckrges are ldentied by the 

murudpalq as souwes of pollutants to 

watersoftheUnitedStates....lthcscdourocs 

rmcbiadmtkgudana]. 

This proposed management progra m 

component also should descnbe how the 

prolublhon on illlclt discharges ~11 be 

implemented and enforced. The descnption 

should include a schedule and allocahon of 

staff and resources A direct linkage should 

exist between thus program component and the 

adequate legal authorltg requirements for the 

ordmances and orders to effechvely Implement 

the pro!ublbon of llllat dscharges 

‘I 

I 

While tl115 program component is required 

to prohibit all types of llhat discharges, the 

followmg categories of non-storm water 

discharges need only be pro!ublted by the MS4 

when they are ldenhfied by the MS4 as sources 

of pollutants to waters of the Uruted States: 

. Water hne flwhmg 

l Landscape irngahon 

. Dverted stream flows 

l Rxmg ground waters 

l Uncontaminated ground water 

mflltrahon las defined al 40 CFR 

352005(2OiI to separate storm sewers 

. Uncontaminated pumped ground water 

l nscharges from potable water sources 

. Foundahon drams 

l kr condthonmg condensabon 

l Irrigation water 

6-32 
Proposed h4anagemenf Program 

l Springs 

l Water from crawl space pumps 

l Footmgdrams 

l Lawn watenng 

l Individual residential car washing 

. Flows from riparian habitats and 

wetlands 

l Dechlorinated swimming pool 

discharges 

l Street wash water 

While EPA does not consider these flows to 

be innocuous, they are only regulated by the 

storm water program to the extent that they 

may be idenhfied as significant soumzs of 

pollutants to waters of the United States under 

certain circumstances. If an applicant knows, 

for example, that landscape imgation water 

from a particular site flows through and PI&S 

up peshades or excess nutnents from fertilizer 

apphcations, there may be a reasonable 

potential for a storm water discharge to result 

in a water quahty impact. In such an event, 

the apphcant should contact the NPDES 

perrmttmg authonty to request that the 

authonty order the lscharger to the MS4 to 

obtam a separate NPDES permlt (or m thJs 

case, the dticharge could be controlled through 

the storm water management program of the 

hlS4) 

The apphcant should consider the spec~hc 

land use, age, and stage of development HI O-us 

program component. For example, one stud, 

m an estabhshed metropohtan area found that 

60 percent of automobile-related busmesses had 

improper storm drain co~ect~ons. While some 

of the problems dlscovered m this study were 

the result of Improper plumbmg or illegal 

co~ecbons to storm drains, the ma)onty of the 

connechons were approved by the muniapality 

when they were bull1 

For problem ldenbhcahon and problemsolving, a murucipality may elect to Implement 

a follow-up stud:, that traces idenhfled 

polluhon rncldents to their source (e.g , up the 

svsteml A variety of pollutant-tracmg 

techmques and field screerung can be used to 

ldenhfy llhc~t discharges 

6.5.2 Field Screening 

Part 1 of the applicabon requires applicants 

to submit the results of field screemng studres 

to evaluate the possible occurrence of illicit 

connections and improper dumping 

&122 26(d)(l)(iv)(D)j. Dry weather flows that 

were encountered durmg the initial field 

screening were sampled and analyzed. The 

analysis was intended to provide information 

about illicit conr~~Gons and improper 

dumping. 

In Part 2, applicants are required to 

propose procedures for contmued field 

screening during the term of the permit. 

&!2 26(d)(Z)(lv)(B)(2) [The applicaaon must 

mclude a] descnphon of procedures to 

conduct on-gomg field meening achmhes 

dunng the Me of the pemut, mcludmg areas 

or locahons that ~111 be evaluated by such 

field screens 

Appkants can propose to use procedures 

snnilar to those used for held screenmg 

required m Part 1 of the apphcahon or they can 

propose altemabve procedures and techniques. 

The Part 1 field screemng requirements are 

found in §122.26(d)(l)(lvHD) and are explained 

in the Part 1 guidance manual 

The Part 2 proposed field screening 

program component should describe areas of 

the system where the contmuatlon of the held 

screening program w111 be conducted and the 

rationale for selecbng these areas For 

example, the rabonale for conbnumg field 

screenmg at a given locabon might be that a 

wide vanahon m results was obtamed dunng 

the uuhal screens In addition, the applicant 

should propose field screerung for a portion of 

any recently-ldentrfled major outfalls that were 

not knohm to the appkant when it prepared 

its Part 1 appkahon, pro\ldecl samplmg of 

these outfalls is safe and practicable 

6-33 
Proposed Management Program 

The potenhal for ilkit discharges and 

improper dqosal is generally higher for areas 

of older development, areas with many 

aytomoblle-related mdustnes, and areas with 

significant numbers of heavy industnal 

facilihes Therefore, in most cases applicants 

should include these areas in the proposed 

held screening program. 

The descripbon of the field kng 

component should provide a detailed summary 

of the departmental responsibility for field 

activities, frequency of inspections, procedures 

and equipment to be used, and the procedures 

for documenting field actkties, both in the 

field and in the office. Generally, the Part 2 

field screening program should reflect a 

conbnuously narrowing pnxpss to trace ilkit 

and Improper sources. 

6.5.3 Investigation of Potential Illicit 

Discharges 

In order to submit a comprehenslve 

proposed management program, apphcants are 

required to describe procedures for 

mvestigahng porbons of the murucipal system 

where field screenmg or other information 

Indlcatej a reasonable potential for 1111c1t 

discharges 

5122 26(d)(2I(lu)tB)(3). [The apphcahon must 

Include al descnption of procedures to be 

followed to mvestlgate portions of the 

separate storm sewer system that, based on 

the results of the held screen, or other 

apprapnate InformatIon, lndlcate a reasonable 

potenrlal of c@ntammg IIIKII discharges or 

other scxxces of non-storm water (such 

procedures mav Include samplmg 

procedures for constituents such as fecal 

colitorm, fecal streptococcus, surfactants 

WEUS), rtirdual chlorine, fluorides and 

potas<lum, te5tlng Hqth fluorometnc dyes, or 

cc7nduiilng In AXTTI sewer msphmons where 

safet\ and other conslderahons allow Such 

descnptlon shall Include the kicahon of storm 

sewers that haie been Idenhhed for such 

evaluation) 

Applicants should propose critena to 

identify potions of the system where follow-up 

inveshgabons are appropnate For example, 

calculating a frequency drstnbuhon of dry 

weather flows at each screening site could aid 

in establishmg cnteria to ldenbfy where followup investigations are appropriate. 

Procedures to investigate priority locations 

for ikit connections include inspection of the 

storm sewer system, use of remote-control 

cameras, on-site inspections and dye-testing at 

priority or suspect facilihes, and additional 

discharge monitoring to prnpoint pollutant 

sources. ln some cases, these investigations 

maybecoordinated with pretreatment program 

inspections. Such approaches are summarized 

in Exhibit 6-4. Coordinahng inspechons can be 

a very effective use of resources. For example, 

portions of the sanitary sewer system that need 

evaluation to detect ilhclt discharge may 

already be undergomg Inspection by operators 

of the municipal treatment plant. 

A checklst should be developed for 

inspectors to use to detect llllclt connections. 

The checkhst should be structured to ensure a 

comprehensive evaluahon of the problem and 

stipulate the use of the easiest and least 

expensrve detechon methods first 

Regardless of the format m whrch 

informabon IS compkd (e.g., table, list, text 

description), EPA suggests that the apphcant 

prepare a map idenhfymg the locahon of 

suspected problem areas. The map should be 

provided as part of the Part 2 application. 

The proposed program component 

descriphon should descnbe a step-bystep 

process to investigate, idenbfy, and prohibit 

ilhclt discharges If field screenmg leads to 

posibve tests of fecal cohform, fecal streptococcus, surfactants, residual chlorme, 

fluondes, or potassium, a munlclpahty should 

reconsider whether any of the non-storm water 

discharges described m Sechon 6.5.1 are the 

source (see previous se&on) 

6-34 
Proposed Managemenf Program 

Exhibit 6-4 

Sample Illicit Discharge Investigation Procedures Options 

Results of initial Procedures for 

Field Screen Detailed Analysis 

Plumbmg umdentihable Cameras 

Comments 

Effechve for identifying detenorahon 

uncertain use 

of facihty 

Several facilities 

or complex plumbmg 

Unusual pollutants 

On-site inspections 

Dyetesting 

Monitoring 

May be combined with 

other inspections 

Simple and accurate if 

system not interconnected 

Parhcularly useful 

for fingerprinting 

a 

6.5.4 Spill Response and Prevention 

The proposed management program must 

describe procedures that the muniapahty ~111 

Implement dunng the term of the permit to 

prevent contarn, and respond to spills that 

may discharge Into the hlG 

5122 2h(dlf2l(1v)IR)(4I [The applrcatlon must 

include d] descnptton of procedures to 

prevent, contam, and respond to spti that 

m;ly discharge UIIO the muruapal separate 

storm Sewer 

management. The goal of a spill-prevention 

program is to reduce the frequency and extent 

of spills of hazardous materials, oils, and other 

mater& which a cause water quality 

impatrment. Splll-contamment programs may 

estabhsh mimmum chemical storage and 

handling requirements, require users to submit 

prevenbon and control plans, and ensure site 

mspechons The content of the descnphons 

that should be submitted with the Part 2 

appbcahon for each of these program elements 

is discussed m more deml below 

The muruclpall~ and the property owners 

(and #‘or operator>) of sites where spills ma) 

occur need to Implement procedures to 

prevent, contarn and respond to spills One 

i<‘a>’ to Implement these procedures is to 

mochfy the land use planrung process and 

ordinance enforcement Such modlficahons 

would require not lircahon and emergenq 

prepJredne+ FrCxedures for any land use 

achiity that could lead to leaks and sp1Ils 

Another method 15 to coordmate with on-gomg 

Frc3crarn5 In other regulated areas where 

detkhi~n of splIl> IS Important, such as 

pretreatment and hazardous materials 

Spill-response programs are Intended to 

reduce risk to the pubhc and the environment 

Although these programs tend to focus on 

Issues of pubhc health and safety, such as 

exposure to toxic matenaIs, hres, or explosions, 

spill-response teams should attempt to prevent 

or mmimize contaminahon of surface water, 

ground water, and soil. Spll l-response 

programs often require a coordinated response 

from a number of muruapal departments (e.g., 

fire, police, health, and publrc works). 

Muruclpahhes should descnbe how response 

procedures hlt.hm these programs attempt to 

mlbgate potenhal pollutant discharges to 

surface waters 

6-35 
Proposed hfunagernml Program 

For example, some mdustnal pretreatment 

programs spec~hcally require that leaks or spills 

be routed to the storm sewer rather than the 

sarutary sewer generally to protect worker 

health and safety and to protect blolog& 

treatment capabllihes Ths issue serves to 

renforce the need for coordmation between the 

vanous mumapal programs that are related in 

some way to storm water. 

The proposed program should identify the 

municipal departments responsible for 

implementing the program, and also should 

address employee training, reporting 

procedures, contamment of spills, storage and 

disposal acbvlhes, documentation, and followup procedures Generally, the proposed 

program for sp111 response and prevention 

should focus on good housekeeping and 

matenals management prachces, which are 

dlscussed In more detail below. 

One of the irubal elements m the 

development of a successful sp111 response and 

prevenhon program IS to assess the potenhal of 

vanou5 source3 at a paticular properb to 

contrlbute pollutanb to the storm water 

dlxharges from the site llus assessment 

should Inventory the land use, types of 

malerlals handled, and the locahon and types 

of materials management acbvlhes. Factors to 

consider when evaluahng the polluhon 

potenhal of runoff from various portions of a 

site Include those that are hkely to lead to the 

Identlflcabon of SpeclflC structural or 

nonstructural controls to address problems 

Other factors LO consider are the toxlat) 

and quanhty of any chemicals used, produced, 

stored, or discharged from the site, the history 

of any NPDES permit violahons from a site, 

hlstory of slgruflcant leaks or spills of toxic or 

hazardous pollutants, and the desrgnated uses 

of the reielting waters 

This program element should also Include 

a descnphon of storm water management 

conh-olc that arc appropriate for the site that 

IXLYIIJ iL,ntrtil or alloy tar the mihgahon of 

an\ leah or 5~111 and a proposal to Implement 

such controls. The pnorlhes developed m the 

implementahon propsal should reflect the 

nature of rdentlfled sources of pollutants at the 

site 

The descnphon of sp111 response and 

prevenhon achvlhes should include the steps a 

mumcipahty will take to prevent, and when 

n--y, adequately respond to spills 

discharged to its MS4. The M!34 nught identify 

special traming requirements for murucipal 

employees in order to respond to spills of 

hazardous chemicals from a particular facihty 

into the storm sewer system. 

%xmes with the greatest potenhal for spills 

to occur (or cause the most severe damage) 

should be idenhhed in the proposed storm 

water management program If appropriate, 

specihc mater&s handlmg procedures and 

storage requirements should be idenhfied for 

these sources Requirements for these sources 

could be modeled after the Spill Prevenhon, 

Control, and Countermeasure (SPCC) Plans 

that are required for certain faclhhes under 

Sechon 311 of the CWA 

Under the SPCC program, for example, 

personnel are tramed and gven responslbiht) 

for mspechng the faclhty for leaks and spills. 

These msptions Include equipment and 

matenals handling areas, wluch need to be 

mvesbgated for evidence of, or the potenhal 

for, pollutants entenng the dramage system 

Procedures to ensure the avallablllty of 

appropriate personnel and equipment for 

cleanmg up spills must be ldentifled A system 

to ensure that appropnate correchve achon has 

occurred m response to Inadequacies ldenhfwd 

durmg the inspechon IS also estabhshed under 

the program. 

Not all of the SPCC program elements ma) 

be necessary for muruapal apphcants 

However, EPA recommends that the proposed 

storm water management program descnbe 

how the records of mspect~ons w11l be 

marntalned and made available for 

mvesh&ahons of causal factors and program 

effechveness lncldents of leaks, spills, and 

6-36 
Prclposed Ma mwmtn t Program 

improper dumping, along wth other 

mformatlon descnbmg the quahty and quanhh 

of storm water discharges should be included 

m the records lnspect~ons and maintenance 

achwbes, such as contamment berm mtegnty 

teshng or the cleanmg of oil/water separators 

should be documented and recorded m a 

mavrtenance log 

6.5.5 Public Awareness and Reporting 

Program 

Apphcants must propose a management 

program component that promotes, pubhazes, 

and fac~htates public reporhng of ilhat 

discharges or water quahty Impacts associated 

with discharges from MS4s 

gallons of used 011 from dc+lr-yourself 

automoblle 011 changes, are disposed of 

Improperly An addlhonal 70 rrulbon gallons 

of used 011, most coming from serwe stabons 

and repar shops, are used for road o~lrng (55 

FR 48056, November 16, 1990). If private 

mdl\qduals find the proper disposal of used oil 

or toxic mater& difficult, lncldents of 

improper &sposal increase For example, when 

a large fraction of serwce stahons do not accept 

do-It-yourself used 011, Improper dqosal into 

the mwcipal storm sewer rises. Therefore, 

applrcants are required to propose a program 

component that ~111 facilitate the proper 

disposal of used 011 and toxi.cs from households 

by estabbshmg mumapally operated collection 

sites, or ensuring that pnvately*perated 

collmon sites are aviulable. 

5122 zbfd)lXlv)~BX7 (The applrcation must 

tnclude al descnphon of a program to 

promote, pubhclze, and faahtate public 

repomng of the presence of llbat dscharges 

or water qualrty tmpacts as-ted wnth 

dscharges from muruc~pal separate storm 

sewers 

Timely reporhng by the public of improper &spod and 11hclt discharges are cnbcal components of programs to conhol such sources. 

To enhance public awareness, programs 

may mdude semng up a public mformahon 

hodtne number, educabng school students, 

estabhshmg community and volunteer 

“watchdog” groups (e g , “Adopt-a-Stream 

Program”), usmg mserts Into uhhty bills; and 

newspaper, telebulon and radio announcements to mfonn the pubhc about what to look 

for and how to report mcidents The public 

awareness efforts should clanfy to the publrc 

that thev are the ulhmate beneficlanes of a 

successful storm water management program 

6.5.6 Proper Management of Used Oil and 

Toxics 

~12226(dX2)W(B#6) ‘(The rppkation must 

tnclude al descnptlon of eduC8hOnd 

achvttk, pubhc mformahon aChVIhe5, and 

other appropriate achvltles to fatitate the 

proper management and disposal of used OII 

and toxic m~tenals 

The proposed program should d-be 

outreach plans to handlers of used 011 and to 

the publrc, and operahng plans for orl and 

household waste collection programs. 

Examples of effecbve public outreach for 

these types of programs mdude ddcated 

mwapal phone numbers (e.g , a used 

oil/toxic mater& hotlme), pamphlets, and 

requwements that od rekulks post the locatron 

of the nearest used oil dechon fadity. 

Progmms can also mform the pubhc about 

altemahves to towc materials.. Catch 

basin/storm sewer inlet stencllmg programs 

can al.50 be proposed as part of the program to 

mcrease public awareness of the connechon 

between storm sewers and local water 

resources 

EPA estimates that annually, 267 million 

gallons of used OIL mcludmg 135 million 

6-37 
Proped Mnnqrmtnt Propm 

6.5.7 Lnfiltration of Seepage 

In order to effecbvely complete this potion 

of a proposed management plan, the applicant 

must d-be controls to lunit infiltration of 

sqage from muruapal sa~tary sewers m 

MS45, if necessary. 

R&WsCmge~scepfromblnituymVr~ 

collection systems through leaks ud axks tn 

agog pipes, poorly constructed manholes and 

joha, and mam bra&s. Sewage from a IrqJEy 

sanitary sysmn cur flow to storm #war or 

contaminate ground water supplies. 

Intaation between sanitary sewas and 

sepamte stmm sewas may -r at manholes 

and where sanitary sewer laterals and storm 

wwa trenches cross. Separate sbpm sewers 

and sanitary sewer may share the same Wnch, 

whrch is generally f&d mth wry pm116 

matenal such 8s gravel. 

One indication of seepage from a sewage 

collection syskm may be infiltration of water. 

Often, the rate of exfiltration (seepage) from 

Mniiary coliechon sysbxns is significantiy 

greater than the rate of infiltration into the 

system. An EPA study on sewer aiUtralion 

found slgrufkant ratios of the IME of 

exhbtion of sewage to the nle of infilhatlon 

of ground water or storm wata into sanitary 

sewers. Field and labomtory results found this 

ratio to vary behveen 15 to 1 and 14 to 1. 

ln some case!s, preventive mainknance 

surveys or ongoing infiltration and inflow 

(I&II prqrams to deterrmne where ~ter is 

entenng a 5a.r-uta.t~ sewer sysbem may be 

mtified to laate the Source and fate of 

exfdfrahon from the system 

6-38 

ldenhfymg urfiltranon of seepage mto a 

MS4 is a good example of the need for various 

muruclpal funcbons to be effechvely 

coordinated. Proposed storm water 

mansgement programs might discuss how 

personnel responsible for inspections of the 

sanitary sewer system could inspect for sources 

of afiltration during Iti inspections, and pass 

any findings to personnel responsible for 

main~theMs4. If~gcb~wedto 

be a pmblcm, a mrdinated effort with the 

main- department of the municipal 

nnituystweraystanlamxlmmadcd. 

The proposal storm wakr nunaganent 

program da should include provision &J 

ad&as the dkovay of prrriously unknown 

@kau+. Tbre should k procedures to enact 

acoo~tedprogrambehveentheoperatora 

ofthestormsewerandsanihuy#wabhkh 

tnmanycasalwillkwithinthea8me 

munlclpl agency or department). 

EPA mcornmads that the pmposal storm 

water management program d&be clontrols 

that will be used to address seepage from 

lnalfunciioning septic systems in areas IY)t 

saved by a sewage treatment works. 

Maifunctioning septic sysbmu may lead b 

more significant surbx runoff pollution 

problems than ground water problems. A 

malfun~oning sepuc systm is less likely &I 

calm ground wr&r canhmiMd0n where 8n 

impaviousba~matinthesoilrravdstht 

downward movm\ent of wastewam. (Poorly 

locakd septic systems thst &W operating 

pqxriyuethegN!abat~t~~ 

Wrba). 

slufacc malflmtins of septic sys&ms UT 

caused by dogged or impenncabk soils, or 

when stopped up or collapsed pipes force 

unmated wastewater to the surhce. Suhce 

malfunctioM an vary in degree from 

occasional damp pa&es on the sm to 

mnshnt pooling or rurroff of mtcwaba to a 

storm wwa. An imppa randy for a 

surface mlfunchon is to ins&ill a pipe or 

trench ova sod absorption systems to route 

umeated overflow away from the septic 
Proposed h4nnagemrnt P rOgrPm 

systh. Thrs results m drrect dtscharges to 

dramage drtches, empv lots, or surface waters 

Proper controls range from prescnblng 

mawmum mtervals between tank pumpout to 

the mstallahon of sand hlters. Drxharge from 

sand hlters to surface waters may requue a 

separate NPDES permit, because such 

discharge ts not storm water. 

Addmona! information about the most 

appropriate controls for use in correcting 

malfunctioning septic systems is probably best 

obtained from local or regional sources. 

&ganizabons such as extension 8ervice!s, soil 

and water Conservabon districts,, and planning 

agenaes may be good sources of mformation 

about methods that have been successful (and 

also those that have fded). 

By obtaining this type of informahon, the 

apphcant can determine what control 

techruques have kn successful KI correcting 

malfunctrorung septic systems rn similar types 

of soolls The value of t!us approach is that the 

appkant wtl! know that a certam control 

tec!uuque has been used to correct a 

malfunchorung sephc system m the same types 

of ~011s that occur in the muxuapality. Where 

only part ot the M!+! dramage area ts served by 

sephc systems, proposed programs should 

address setbng and mamtenance of septic 

systems, mdudmg draft requnements and 

implementation procedures. 

6.6 SIGNATORY AND CERTIFICATION 

REQUIREMENTS 

Under the Federal NPDES regulahons 

!§12222(a~l, a!! NPDES ‘permit applcahons 

(mcludmg muruclpal storm water pernut 

ap!J’!Kahons) must be signed by an authorized 

person, as defined m the regulations Pemut 

apphcahons submrtted by a mwapahty, State, 

Federal. or other pubk agency must be signed 

by either a pnncrpa! executrve officer or 

ranlung elected ofhaa! [§I22 22fa)WI To fuulfi!! 

the signatory requrements, the person stgnmg 

the munlapal apphcahon must provide hrs or 

her name fpnnted or typed), ht!e, and date 

Slgtld In addrhon. the applicant should 

provrde the name, address, and telephone 

number of the person signmg the app!lCdhOn or 

another pomt of contact that can answer 

queshorU about the app!#abon. 

In addlhon, §12222(d) states that any 

person signmg a pemut apphcahon must make 

the following certihcahon: 

1axtifyundapnrltyofLwtlutthirdocurnerttand 

allrtt8chmntswacprepemiundamydinetionor 

supavlan in Mord~a wtth a 8yWm designed to 

assure that qualified pno~cl w!y gather urd 

evaluate the lnkmmhon submitted. Based on my 

inq&yofrheprronarpmon,whomuugtthe 

system, or those pnonr directly rcrporuiblc for 

pthenng the II'thmahOn, the rnformrhon submltt4 ir, 

to the best of my knowledge md be!ief, true, ICCLUII, 

and coxnplet~~ IUTI aware that there ue nigruknt 

pendhes for r&meting fahe informatlo~ indudlng tt~ 

pabday of he md “p nsonment for knowing 

vlolatlons ” 

6.7 IMPLEMENTATION OF THE STORM 

WATER PROGRAM 

EPA anhcipates that muniapa! storm water 

management programs wrl! mature over hme 

to reflect advances m technology, addrhona! 

data collechon, chan~ng con&tions, program 

development, stage of Implementation, and 

improvements in water qua!ity. Therefore, 

apphcants may emphasize different program 

components to reflect implementation 

prlorlties. T!Ie proposed managelnent program 

should dearly rdenhfy each of the program 

components and mdude a schedule for 

implementation. Each component of the Part 2 

appbcabon should be daswfied as: fu!l 

rmplementation, phased implementahon, pUot 

study, or feasrbrlrty analysis In annual reports 

on the progress of storm water management 

programs, muniapalrties must report on the 

status of unp!emenhng program provisions 

[§lt2 42(c)(l), or Sechon 7.3 of the gurdancel. 

l Full Implementation. Fully 

implemented components should be 

proposed when the muniapahty is 
prepa& to begm or conhnue full 

impiementabon after its pemut 1s 

issued and it expecls to conbnue the 

component throughout the hk of the 

perrmt Full unplemenmhon of a 

program component i5 genedy the 

preferred way of demonstraIxng the 

required level of control. 

l phased Implcmentatio~~ Plused 

implementation should be proposal 

when the level of effort to implement 

the componmt will vary dwing thr 

term of the permit Ph8Wd 

implanentation may be l ppropria& 

when additional data must be cdlatad 

or technical guidance, training 

materials, or appropriate o&wwes 

must be developed prior to full 

implementation Ascheduktht 

includes m&stones should be part of 

the desuipon. 

. Pilot Studier. Although the 

murwipa.lrty must implement and 

comply with each prowsion of the 

murucipal sbDrm water pmmt, the 

municipality may choose to can-y out 

pilot studws that involve lirmbed 

experimental implementation of a 

program component In some cases, 

pilot studio may be authored by the 

pamit Used to emhate the 

cffectlvaws of a program component, 

pibt stud& may be l ppmpdak when 

l technobgyisunpmm orwhcndata 

must k cokctml to develop operating 

standad or pocedkues. A 8chedule 

including milestones should be 

included in the description of a pilot 

study. This dedule should provide 

options for phased impknentation of 

the pmgmm component, Showing 

dtemativcs based on various possible 

mndts of the pilot study. 
CHAPTER 7 

ASSESSMENT 

OF CONTROLS 
7.0 ASSESSMENT OF CONTROLS 

7.1 BACKGROUND 

fart 2 applications require that 

municipalities estimate the effectiveness of their 

proposed storm water quality management 

programs The regulations require an initial 

estimate or assessment because the 

performance of appropriate management 

controls IS highly dependent on site-specific 

factors Program effectiveness can be estimated 

through both direct measurements (such as 

reductions in annual pollutant loads) and 

indirect measurements (such as measurements 

that demonstrate increased public awareness of 

storm water quality issues) At a minimum, 

applicants must submit estimated reductions in 

pollutant loads expected to result from 

implemented controls and describe known 

impacts of storm water controls on ground 

water 

Reductions in pollutant loads due to the 

implementation and maintenance of structural 

controls provide direct measurements of the 

effectiveness of the storm waler management 

program In addition, EPA encourages 

applicant to go beyond the minimum 

requirement and assess the effectiveness of 

their storm water management program 

through other direct measurements as well as 

indirect measurements As discussed below-. 

indirect measurements provide surrogate 

estimates of qualitative factors, such as 

increased public awareness of storm water 

quality Issues 

Estimates of the effectiveness of the storm 

water management program will assist the 

municipality and the permit writer in: 

Determining whether the most costeffective best management practices 

(BMPs) are included in the storm water 

management program; 

Ensuring that the storm water 

management program Includes 

adequate public participation programs 

and intergovernmental coordination, 

Establishing on-going monitoring 

inspection and surveillance programs 

that help refine estimates of program 

effectiveness, and 

Developing a strategy to evaluate 

progress toward achieving water 

quality goals 

7.2 ASSESSMENT OF STORM WATER 

MANAGEMENT PROGRAM 

For some components of a proposed storm 

water management program, such as structural 

controls (e.g., vegetative streambank 

stabilization, sediment pond or basin, etc.), the 

effect on pollution in storm water runoff is 

observable, and pollutant removal efficiencies 

can be estimated directly) For other 

components, pollutant reductions may be 

difficult to quantify Applicants may need to 

use indirect estimates. For example, a program 

component may address source controls such 

as changing the behavior of citizens in the 

community, or improving the municipal control 

of industrial or commercial runoff For 

7-1 
component> ot the proposed management 

program \\ here pollutant removal efhcwncy 

cannot be rez4nablv estimated, applicants are 

strongly encouraged to tdenhfy some mdtrect 

measurement thal ian be used to evaluate the 

success of lhe pracbce 

7.2.1 Direct Measurements of Program 

Effectiveness 

As discussed above, 40 CFR 122.UdN2)W 

requires that apphcants submrt estimates of 

expected pollutant load reducbons with their 

Part 2 apphcahons To supplement these 

eshmates, apphcants could provide eshmates of 

other direct measurements of program 

effecbveness tncludmg 

l Removal efflclencles of BMPs that 

control storm water quality, 

l Reduihons In the volume of storm 

1% at~r dt5iharged, 

l lWuibv7: In event mean concentranon> or 

S~cll direct e>hmate> do not have to be 

~rrllwj. \\1111 quantltatlve data. but can be 

ba& on aci+xl englneenng design practices 

H,Iwe\-er the applxnnt should descnbe its 

pr,w?dure- f<v eshmatlng the effechveness of 

tht contrcA Appkant5 should present 

e:tlmat+ irl p4Iutant load reductions or other 

mr.i~ur~mei~L. <epdrJtt?lI tar each component 

C’I Ihe FrOFf~*rd management program 

A~plliarlt~ sh~~uld provide estimated 

rmluuihiln> cw a ~xatershxi basis and systemii I& ba>t : 

r;‘. Ill~-h~w: In p~llutimt loadmgs can be 

e- timatt43 b\ hr>t ectimahng the pollutant 

111 IJIII~ lbased on conientTahons and flows) 

111 I’ ~~wlil result \\ Ithou! the control measure 

T* ‘. .i I * 1 *h~~ul;l tlkn be mUlhFild bv the 

E:lh -11.11.’ 01 the control e\pres5ed in term5 of 

a fracbon or percentage. Eshmated control 

efhcrenctes can be obtamed from pubhshed 

SOUIXXS, such as S&meter (1987) (see 

bibliography In Appendrx A) Note that for 

most control measures, the pollutant removal 

efficiency differs for different classes of 

pollutants 

After the municrpali~s storm water 

management program IS implemented, the 

municipahty can work to refine its initial 

assessment of the program. For example, the 

permit Hnll requn-e applicants to submit 

estimates of event mean concentrahons and 

estimates of annual pollutant loadings for each 

outfall in the system [§122.26(d)(2)(lil)(C), 

discussed m Section 5.5 of this guidance]. 

These estimates can be compared with the 

apphcanrs mitral eshmates 

In addrhon, the eshmated removal 

efhcrenctes can be refined through the 

morutonng program requued by §12226(d)(2) 

bNl3) (discussed rn Se&on 5.6 of U-us 

gwdance) To reline these eshmates, the 

momtonng program should include measurements at the ~nflorv and outflow potnts of the 

control Throughout the prrntt term, the 

mumcrpaltty must submrt refmements to its 

assessment or addthonal dtrect measurements 

of program effechveness In its annual report 

&ct3on 7 3) 

The applicant should use direct measurements of program effecbveness as It begns to 

assess its long-term progress in Improving 

water quality through storm water 

management pracbces Direct measurements of 

program ef fech veness ma! not pro\lde 

meanmgful conclusrons on trends m water 

quality improvements for a couple of prrrut 

terms. HohTever, applicants are encouraged to 

use drrect measurement5 of program 

effecbveness, such as annual pollutant loads, 

event mean concentrabons, and seasonal 

pollutant loadings, to begm to estimate longterm trends Several stahsbcal methods that 

rely on linear regression ha\re been de\*eloped 

7-2 
Assessment of Controls 

to model these measurements to determine If 

trends exlbt 

7.22 Indirect Measurements of Program 

Effectiveness 

When pollutant reductions cannot be 

estimated through direct measurement, 

appropriate indirect measurements may be 

used. These may include the eshmated level of 

increased enforcement achvity, inaeas4 public 

awareness, or reduction in number of illegal 

dumping incidents For example, a field 

screening program to idenhfy illicit connections 

and improper dumping m Fort Worth, Texas, 

used redutions In observations of indicator 

pollutank as a measure of the success of the 

program (Fort Worth, 1988). 

Other possible m&rect measurements 

include. 

l Gallons of used 011 recycled, 

l Amount of household hazardous waste 

collected, 

l Number of educahonal brochures on 

storm waler quality dlstrlbuted; 

l Number of public heanngs on storm 

water and attendance at these hearings, 

l Circulation of an annual report or 

periodic newsletters on progress in 

meebng storm water quahty goals, 

l Number 01 reports of llhclt discharges 

or illegal dumping 

l Number of spill clean-ups, 

l Number of server Inlets stenaled, 

l Acre> o1 open Space, 

l Kumber 01 construcbon and erosion 

and sediment control pIam submitted 

and approved 

Many of these indirect measurements hqll 

help to indicate whether the storm water 

management program includes adequate pubhc 

parhapahon and intergovernmental coordmahon. 

72.3 Impacts of Storm Water Controls on 

Ground Water 

Structural BMPs may have an impact on 

other media. Therefore, the Part 2 application 

requires that applicants discuss known impacts 

of storm water controls on ground water. 

Impacts should be identified separately for 

each component of the proposed management 

program. These controls may increase the 

quantity of ground water (such as infiltration 

leading to recharge), but degrade the quality of 

the ground water For example, In and park 

of the Southwest, imported water is often used 

for irrigation. ms ma-eases the quanhty of 

g-round water, but, because of high levels of 

nutnents and total suspended and dissolved 

solids in the irrigahon water, also results In 

Impacts on ground water quahty 

In addlhon, the applicant should evaluate 

whether structural controls for storm water 

impact other mecha, such as wetlands 

7.3. ANNUAL REPORTS ON THE 

EFFECTIVENESS OF THE STORM 

WATER MANAGEMENT PROGRAM 

Under 5122.42(c), applicants must provide 

annual report5 on the progress of their storm 

water management programs. These reports, 

whch are due on the anniversanes of pernut 

issuance, must Include 

l The status of implemenhng the 

components of the storm water 

management program that are requued 

by the permit, 

l Proposed changes to the storm water 

management programs that are 

established as permit condlbons, 

7-3 
l Revrsrons, rf necessary, to the 

assessment of controls and the fiscal 

analysis reported in the pernut 

apphcatron; 

l Summary of data, mcludmg morutoring 

data, that are accumulated throughout 

the reporbng year, 

l Projected annual expenditures and 

budget for the year following each 

annual report; 

l A summary describmg the number and 

nature of enforcement actions, 

inspections, and public education 

programs; and 

l ldentifrcation of water quality 

improvements or degradation 

Apphcants should refer to the speclhc 

regulatory language in 5122 42(c) for a more 

complete drscussion of annual reporting 

requirements 

Although the Part 2 applicatron 

requrrements do not specrfrcally address annual 

reportxrg requrrements, applicants should 

consider their strategy for preparing annual 

reports when they complete theu Part 2 

apphcatrons. A murucrpahty may develop a 

strategy to assess the progress of its storm 

water management program throughout the 

term of the permit m addrbon to proildmg a 

baseltne assessment of its program. To develop 

the strategy, applrcants should 

Identify the direct or Indirect 

measurements that HIII be used to track 

the long-term progress of the 

appbcant’s program towards achieving 

rmprovements in storm water qualrt) 

(the results of thus assessment would 

appear m the municrpahty’s annual 

report); 

DMISS the role of monitoring data in 

substantiating or refming their 

assessment of the progress of their 

program towards established objectives 

and goals; and 

DMUSS how future addlbons or 

revisions to the assessment measurements or strategy ~111 be implemented 

by the mutucrpahty fe.g , what roles 

and responsiblhhes will participating 

municrpal agencres and /or 

organrzauons have m thus area) 

It is antrcrpated that many murucrpahhes 

will use the same criterra or measurements that 

were used rn the baseline assessment to 

develop theu long-term assessment strategy. 

This rs an acceptable approach provrded that 

the munupahty delmeates how theu program 

provides for a longer term assessment of the 

progress of therr storm water management 

program The munrapality 15 encouraged to 

consider m advance the information 

requrements for annual reporung that are 

idenhhed above when developrng theu longterm assessment strategy 
CHAPTER 8 

FISCAL ANALYSIS 
8.0 FISCAL ANALYSIS 

8.1 BACKGROUND 

NPDES permits for discharges from MS4s 

will require municipal permittees to implement 

management programs, conduct long term 

storm water monitoring, and provide other 

information Because theseactivities will result 

in expense to the municipality, a fiscal analysis 

is required in the Part 2 application 

Applicants must provide yearly cost 

estimates for these programs. Applicants also 

must provide a schedule indicating when funds 

will be available Examining the levels of 

proposed spending and funding allows the 

permitting authority to gauge the ability of the 

applicant to Implement the program and 

predict its effectiveness The fiscal analysis also 

will help the permit writer determine whether 

the applicant has met the statutory requirement 

of reducing the discharge of pollutant to the 

MS4 to the maximum extent practicable 

Finally, the estimates help the applicant 

evaluate the feasibility and cost-effectiveness of 

its program A municipality must update its 

fiscal analysis each year for the annual report 

on the progress in implementing their storm 

water management program [40 CFR 

122.42(c)(3) and (5), discussed in Section 7.3 of 

this guidance] 

8.2 PROCEDURE FOR CONDUCTING A 

FISCAL ANALYSIS 

Under §122.26(d)(2)(vi), each applicant 

must demonstrate sufficient financial resources 

to Implement the conditions of the permit 

Adequate resources may be demonstrated 

by performance, a fiscal analysis of the estimated 

capital and operation and maintenance 

expenditures required to complete the activities 

required by the regulations This fiscal analysis 

must be performed for each fiscal year to be 

covered by the permit (5 years, in most cases). 

The analysis must describe the source of the 

funds used to meet the necessary expenditures, 

including any legal restrictions on the 

appropriated funds 

The following procedure is an example of 

a method of conducting the necessary fiscal 

analysis 

Step 1. Identify the major tasks for each 

component covered by this application 

requirement, including 

Elements of the proposed management 

program 

Estimates of seasonal loads and event 

mean concentrations for each major 

outfall covered by the permit, and 

Proposed monitoring program. 

Step 2. Develop a schedule outlining when 

each of the tasks identified in Step 1 will be 

undertaken Some tasks may be performed 

just once, others may be on-going For 

example, the schedule should include, among 

other things 

The installation of any new control 

measures identified in the proposed 

8-1 
Frsual Andps 

management program I§1 22 26(d)(2)(lv), 

dlscussed m Sechon 6 41, 

l A maintenance schedule for structural 

best management pracbces (BMW 

I§122 26(d)(2)(lv)(A)(l), discussed in 

Sechon 6 4.31; 

l Development of seasonal pollutant 

loadings and event mean concentrations of a representative storm 

&122.26(d)(2)(iii)(C), discussed in 

Section 5.51; 

l Monitonng program for representative 

data colltion for the term of the 

perrni t [§lu.26(d)(2)(ili)(D), discussed 

In !%?chon 5 61, 

l Monitoring program for industrial 

facilities I§122 26(d)(2)W(C)(2), d~scussed m Section 6.3.31; 

l On-gomg held screerung program for 

11hclt discharges [§122.26(d)(2)W(B), 

dlscussed m Section 6 51, 

l Development of cerhhcation programs 

for construchon workers or peshcide 

apphcators, If appropriate I5122 26(d) 

(Z~IV), dlscvssed m Sections 6.3.1 and 

6 3 21, and 

l Implementabon schedules for other 

components of the storm water 

apphcatlon that have not been fully 

Implemented at the hme of apphcahon, 

such as addlhonal legal authority or 

comprehensive development plans 

Step 3. Estimate the capital expenses 

necessary to accomplish the tasks identified in 

Step 1 and deterrnme a schedule for purchase 

Applicants may elect to define categories of 

capital expenditures such as “motutormg 

equipment,” “miscellaneous monitoring 

sufplles.” “personal protechve equipment,” etc 

Step 4. Estimate other non-capital costs to 

implement the tasks identified in Step 1. Use 

the schedule developed in Step 2 to spread 

costs over the term of the permit Costs should 

be presented as a total annual cost for each 

proposed program component In addlhon, 

estimates of the total annual costs and annual 

per cqxta costs should be provided. Per capita 

costs can be compared with the per capita costs 

of other programs, such as sewage treatment 

programsThese costs may include items such as : 

l Newspaper ads announcing new 

programs or recydmg centers; 

l Holding public meehngs or hearings, 

and 

l Labor for department personnel to 

speak to cihzens groups 

Step 5. Identify funding to be applied. 

Apphcants must describe the sources of 

fundmg and any legal restnctions on that 

funding Sources may Include general 

revenues, storm water uhhhes, plan reklew 

fees, permit fees, mdustnal/commercial user 

fees, special assessment chstnct funds, and 

revenue bonds Some fundlng sources, such as 

general revenues based on property taxes, are 

generally unrestncted, but can be allocated by 

local officials annually In a few cases, a local 

property tax may be dedicated to finance a 

storm water management program For 

example, one county fmances its storm water 

management program through a dedcated 

property tax of $0.135 per $100 assessed 

valuahon Other murucipallhes add special 

assessments to property tax bills. 

A storm water uhhty IS another source of 

fundmg dedicated to fmanang storm water 

management ach\lhes The storm water utihty 

offers the advantage of a stable and predlctable 

source of funds. Other advantages of storm 

water uhlltles over general revenues are that 

uhllty charges can be more equitably based on 

8-2 
the u>er > iontrlbuhcm to local storm water 

prohlem~, and a uhlitv provtdes a mecharusm 

to incorporate incentives for on-Me storm 

water management 

In man? cases, municipalities fill evaluate 

sources 01 fund5 that are not current]) 

available, such as a new storm water utility. In 

these cases, applicants must include a schedule 

of when funds will be avaIlable. For example, 

it usually takes a muruapahty 18 to 24 months 

of planrung before local elected ofhaals 

authonze a storm water utihty, and another 6 

to 12 months to Implement the uhllty (Ltndsey, 

1988) Key mllestones for plannmg and 

lmplemenhng the funding mecharusm must be 

idenhfled In the schedule The following 

components have been found to be important 

In establlshng storm water ubllbes 

l Determlrung the most appropnate 

admInIstratIve structure lor Implement1°C a 5t~m-l water management 

program, 

Adopbng a storm water utlhnordinance, 

Eshmabng revenue needs and planning 

for cost recovery, 

Estabhshmg a uhhty rale structure and 

blllmg system, 

Establlshng a system for developer 

contribuhons, and 

lmplemenhng a pubhc informahon 

program 

Step 6. Compare the funding sources with 

the funding needs. As a last step m thus 

process, the muruclpallty must ensure that 

adequat? funding IS avarlable to cover the cost 

of implemenhng the storm water management 

program If adequate funding IS not a\Talabl?, 

the mumapallt> must consider alternate 

source3 of funding such as a storm water 

UtIll t> 

8-3 
APPENDIX A: 

BIBLIOGRAPHY 
BIBLIOGRAPHY* 

Alachua County OEP, Best Management Practices for the Use and Storage of Hazardous Materials, 

Alachua County Office of Environmental Protection No date. 

Chollar, B., An Overview of Deicing Research in the United States In the Environmental Impact of 

Highway Deicing, Proceedings of a Symposium held October 13, 1989, at the University of 

California, Davis Campus, Institute of Ecology Publication No. 33. September 1990. 

City of Fort Worth, Operational Guide, Drainage Water Pollution Control Program. October 1989. 

City of Seattle, NPDES Storm Water Permit Application, Part 1, City of Seattle: 37. November 

1991. 

City of Tulsa, Storm Sewer System Investigation Upstream of the Pedestrian Bridge on the Arkansas 

River, City of Tulsa, OK, prepared by CH2M Hill. March 1989. 

Driscoll, E.D., Rainfall/Runoff Relationships from the NURP Runoff Database, presented at Stormwater 

and Quality Models Users Group Meeting, Montreal, Quebec. September 8-9, 1983. 

Duda, A. M., D. Lenat, and D. Penrose, “Water Quality in Urban Streams - What We Can Expect,” 

J. Water Pollut. Contr. Fed 54(7) 1139-1147. 1982. 

Ferguson, B, “Urban Stream Reclamation,” journal of Soil and Water Conservation. SeptemberOctober 1991 

Hamm, Denise A, A Case Study in Ecosystem Valuation- Valuation of the Congaree Bottomland Hardwood 

Ecosystem Services, Climate Change Division, Global Programs Office, EPA Office of Policy, 

Planning and Evaluation August 1991 

Homer, R, Biofiltration Systems for Storm Runoff Water Quality Control, Report to Washington State 

Department of Ecology, Municipality of Metropolitan Seattle, King County and the Cities of 

Bellevue, Mountlake Terrace, and Redmond. 1988. 

Klein, R, Urbanization and Stream Qualify Impairment, Water Resources Bulletin, American Water 

Resources Association August 1979 

Kuo, C Y. et al, A Study of Infiltration Trenches, Virginia Water Resources Control Board, Bulletin 

163. April 1989 

Lindsey, Greg, Financing Stormwater Management: The Utility Approach, Maryland Department 

of the Environment, Sediment and Stormwater Administration. 1988. 

Louisville and Jefferson Counties, KY, Local Government Hazardous Control - A Prop-urn That Works, 

Lousiville and Jefferson Counties, KY, Metropolitan Sewer Districts. No date. 

McCuen. Richard, Policy Guidelines for Controlling Stream Channel Erosion with Detention Basins, 

Department of Civil Engineering, University of Maryland December 1987 

A-1 
Appendix A Blblrography 

MWCOG, DeFeloprng EffechDe BMP Syskms fir Urban Watersheds. Metropohtan Washmgton 

Counctl of Governments, from EPA Nonpoint Source Watershed Workshop Nonpoint Source 

Solubons, EPA office of Research and Development, Office of Water, EPA 625/C91/027. 

September 1991. 

Salt lnshtute, The Salt Storage Handbook, Salt Institute 1987. 

Schueler, Thomas R., Controlhng Urban Runoff. A Practical Manual /br Plannrng and Desrgnrng 

Urban BMPs, Metropolitan Washington Council of Governments. 1987. 

Schueler, T. Mitigating the Adverse Impacts of Urbanization on Streams: A Gnnprehensme Strategy 

for Lucal Coz~ernments, Metropolitan Washington Council of Governments. 1991. 

Schueler, T., Kumble, P., and Heraty, M., A Current Assesmmt of UT&n Best h4anagement Practices: 

Techniques for Reducing Non-Pomt Source Pollution in the Cuustal Zone, Metropohtan Washington 

Councrl of Governments 1992. 

Shelley, P.E., and D.R. Gaboury, Urban Runoff Quality, American Society of Gvil Engneers 

1986. 

Steward, W., Compost Storm Water Treatment System, proceedmgs of the Nahonal Associahon of 

Envrronmental Professronals Conference, 1992. 

Tomo, H , Polluhon Abatement m Tokyo, Koyama, Takaakr rn Urban Stomrwater Qualrty Enhancement, 

Source Control, Retrofitting, and Combmed Sewer Technology, ASCE. 1990. 

U.S Army Corps of Engrneers, Charles Rwer Watershed, Massachusetts Natural Valley Storage Project, 

Design Memorandum No 1, “Hydrologrc Analysis,” New England Drvrsion, Waltham, 

Massachusetts, 1976, m Wetlands Theu Use and Regulahon, U.S. Congress, Office of Technology 

Assessment, OTA-O@206 March 1984. 

U S Environmental Protection Agency, Manual Ior Deicrng Chemicals: Appbahon Practrces, EPA 

670/2-74-045. 1974(a). 

U S Environmental Protectron Agency, Manual for Dewmg Chemtals. Storage and Handlrng, EPA 

670/2-74-033. 1974(b). 

U S En\?ronmental Protectron Agency, An Econonnc Analysis o\ the Enznronmental Impact of 

Hlghway Derclng, EPA 600/2-7&105. 1976 

US En\lronmental Protechon Agency, Results of the Nationwide Urban Runoff Program Ftnal 

Report, EPA Plannmg Drvisron, Nahonal Techmcal lnformabon Service (NTIS) Accesston No. 

PB84-8552 1983 

U S Environmental Protechon Agency, Characterumg and Controlling Urban Runoff through Street 

and Sewage Cleaning, prepared by Pitt, R.E , Consulhng Engineer, Blue Mounds, WI, EPA 600/2- 

85/038, (NTIS PB 85-1865OO/Reb 1. 1985 

LI S En\~ronment.al Protecbon Agency, Reznsed Baselme Flow Dafa for Used 011 Modellrng. March 

13,1987 

A-2 
Appendix A: Bibtwgraphy 

U.S Envrronmental Protection Agency, Nonpornt Source Monitormg and Evaluation Gurde, EPA 

Office of Water, Nonpoint Source Control Branch February 26, 1983(a) 

U S. Envmxunental Protecbon Agency, Design Manual, Constructed Wetlands and Aquahc Plant 

Syskms for Municipal Water Treatment, EPA 625/l-88/022 September 1988(b) 

U S Enwronmental Protection Agency, Facts About Stormuuter Management Programs rn the State 

ufFion&z, EPA Office of Water, Nonpoint Source Control Branch. December 1989(a). 

U.S. Envmxunental Protection Agency, Retrofittmg Stormuxzter Management Basins for Phosphorus 

Control, EPA Office of Waker, Nonpoint Source Control Branch, Publication U-l. August 1989(b). 

U.S. EnvironmentaI Pro&&on Agency. Find Drafl - Policy on the Use of Biohqical Assessments and 

Criterw zn the Water QuaSty Progrum. January 1990(a). 

U.S. Environmental Protechon Agency, Water Quality Standards for Wettands - Ndi0~1 Guzdance, EPA 

Offwe of Water Regulations and Standards, EPA 440/5-90/011. July 1990. 

U S. Enwronmental Protection Agency, Druft - Manual of Pracfrce. ldentrficatron of Itlrnt Connechons. 

September 1990(b). 

U.S Enwronmental Protection Agency, Urban Targekrng and BLIP Selecflon, EPA Region V, Water 

Dwsron November 1990(c) 

U S Envrronmental Protectron Agency, Nafronal Water Quaky Inventory, 1990 Report to Congress, 

Office of Water 1990(d) 

U S Envrronmental Protectron Agency, TechnIcal Supporf Document Fur Water Quahty-Based Toxus 

Confral, EPA/505/2-90-001, PB91-127415 79-82 March 1991(a). 

U S Enwronmental Protechon Agency, Gu~d~~ni: Mnnual {or the Preparallon of Parr I of the NPDES 

Pernut Applrcatlons for Dwchargesfrom Munin@ Separate Storm Seuw Systems, EPA 505/8-91-003A. 

Apnl 1991(b). 

U.S Envtronmental Protection Agency, Propsed Gmdance Speclfylng Management Measures fur 

Sorlrces of Nonpolnf Pollutron ~n Coastal Waters, EPA Office of Water. May 1991(c) 

U S Enwronmental Protechon Agency, NPDES Storm Water Samplrng Gurdance Document, EPA 

Office of Water July 1992(a) 

U S Enwronmental Pro&&on Agency, Storm Water Management for lndustil Achvrfies Developing 

Pollulron Prevention Plans and Best Managemenf Prachces, EPA 832-R-92-006 September 1992(b). 

I’rrFrua, State House of Representahves, An Evaluahon c/ the Vrrglnla Erosion and Sednnentatlon 

Confrcll Prosratn, House Document No 15, Richmond, L’A. 1988. 

\\‘DOE, Publrc RCVWW Drafl - Stormwuter Management Manual for the Puget Sound Basin, 

\\‘a41mgtc~n State Department of Ecology Publlcabon #90-73 June 1991 

A-3 
Appendix A Blblrography 

Wetlands Their Use and Rqplatin, U.S. Congress, Ofhce of Technology Assessment, OTAXIO-206 

March 1984 

’ For addloonal wurces of tnformahon, applicants may wsh to consult the documents Lsti III the blbhoghraphy ot Urban 

Dramage & Fkwd Control f3smct. Urbun Skvm Dmmagr Cr~kw M~nulll, Voi 111, Urban Dralnage and Flood Control Dutnct, 

Lkng.rr CO September 1, 1992 

A-l 
APPENDIX B: 

PART 2 APPLICATION 

REQUIREMENTS 
48062 Federal Register / Vol. 55, No 222 / Friday. November 16, 1990 / Rules and Regulations 

certify, pursuant to 5 U.S.C. 605(b) that 

these amendments do not, have a 

significant impact on a substantial 

number of small entities. 

List of Subjects in 10 CFR parts 122, 123, 

and 124 

Administrative practice end 

procedure Environmental protection. 

Reporting and recordkeeping 

requirements. Waler pollution control 

Authority Clean Water Act. 33 U.S.C. 1251 

et seq 

Dated October 31, 1990 

William K. Reilly, 

Administrator 

For the reasons stated in the 

preamble, parts 122, 123, and 124 of title 

40 of the Code of Federal Regulations 

are amended as follows 

PART 122-EPA ADMINISTERED 

PERMIT PROGRAMS; THE NATIONAL 

POLLUTANT DISCHARGE 

ELIMINATION SYSTEM 

Subpart B-Permit Application and 

Special NPDES Program Requirements 

1 The authority citation for part 122 

continues to read as follows 

Authority Clean Waler Act 33 USC 1251 et seq 

2 Section 122.1 is amended by 

revising paragraph (b)(2)(iv) to read as 

follows 

§ 122.1 Purpose and scope 

(iv) Discharges of storm water as set 

forth in § 122.26. and 

3 Section 122.21 isamended by 

revising paragraph (C)(1) by removing 

the last sentence of paragraph (f)(7). by 

removing paragraph (1)(9) by adding 

two sentences atthe end of paregraph 

(g)(3) by revising paragraph (g)(7) introductory text by removing and 

reserving paragraph (g)(10) and by 

revising the Introductory text of 

paragraph (k) to read as follows 

§ 122.21 Application for a permit (applicable to State programs, see § 123.25) 

(c) Time to apply (1) Any person proposing a new discharge, shall submit 

an application at least 180 days before 

the date on which the discharge IS IO 

commence unless permission for a later 

dare has been granted by the Director Facilities proposing a new discharge of

storm, water associated with industrial 

activity shall submit an application 180 

days before that facility commences 

industrial activity which may result in a 

discharge ofstorm water associated 

with that industrial activity Facilities 

described under § 122.26(b)(14)(x) shall 

submit applications alleast 90 days 

before the date on which construction is 

to commence. Different submittal dates 

may be required under the terms of 

applicable general permits Persons 

proposing a new discharge are 

encouraged to submit their applications 

well in advance of the 90 or 180 day 

requirements to avoid delay. See also 

paragraph (k) of this section and 

§ 122.26 (c)(1)(i)(G) and (c)(1)(ii). 

(g) . . . 

(3) . . . The average flow of point 

sources composed ofstorm water may 

be estimated. The basis for the rainfall 

event and the method of estimation must 

be indicated. 

(7) Effluent characteristics. 

Information on the discharge of

pollutants specified in this paragraph 

(except information on storm wafer 

discharges which is to be provided as 

specified in § 122.26) When “quantitative data” for a pollutant are 

required, the applicant must collect a 

sample of effluent and analyze itfor the 

pollutant in accordance with analytical 

methods approved under 40 CFR part 

136 When no analytical method IS 

approved the applicant may use any 

suitable method but must provide a 

description ofthe method When en 

applicant has two or more outfalls with 

substantially identical effluents the 

Director may allow the applicant to test 

only one outfall and reporthat the 

quantitative data also apply to the substantially identical outfalls The 

requirements in paragraphs (g)(7)(iii) and (iv) of this section that an applicant 

must provide quantitative data for 

certain pollutants known or believed to 

be present do not apply to pollutants 

present in a discharge solely as the 

result of their presence inintake water. 

however. en applicant must report such 

pollutants as present Grab samples 

must be used for pH. temperalure. cyanide total phenols. residual chlorine. 

oil and grease, fecal coliform and fecal 

streptococcus For all other pollutants 

24-hour composite samples must be 

used However, aminimum of one grab 

sample may be taken for effluents from 

holding ponds or other impoundments 

with a retention period greater than 24 

hours In addition. for discharges other 

than storm water discharges, the 

Director may waive composite sampling for any outfall for which the applicant 

demonstrates that the use of an 

automatic sampler is infeasible and that 

the minimum of four (4) grab samples 

will be a representative sample of the 

effluent being discharged For storm 

waler discharges. allsamples shall be 

collected from the discharge resulting 

from a storm eventhat is greater than 

0.1 inch and al leas! 72 hours from the 

previously measurable (greater than 0.1 

inch rainfall) storm event Where 

feasible. the variance in the duration of 

the event and the total rainfall of the 

event should not exceed SO percent from 

the average or median rainfall event in 

that area For all applicants. a flowweighted composite shall be taken for 

either the entire discharge or for the first 

three hours of the discharge. The flowweighted composite sample for a storm 

water discharge may be taken with a 

continuous sampler or es a combination 

of a minimum of three sample aliquots 

taken-in each hour of discharge for the 

entire discharge or for the first three 

hours of the discharge, with each aliquot 

being separated by a minimum period of 

fifteen minutes (applicants submitting 

permit applications for storm water 

discharges under § 122.26(d) may collect 

flow weighted composite samples using 

different protocols with respect to the 

time duration between the collection of 

sample aliquots. subject to the approval of the Director) However. a minimum of 

one grab sample may be taken for storm 

waler discharges from holding ponds or 

other impoundments with a retention 

period greater then 24 hours For a flowweighted composite sample, only one 

analysis of the composite ofaliquots is 

required For storm water discharge 

samples taken from discharges 

associated with industrial activities. 

quantitative data must be reported for the grab sample taken during the first 

thirty minutes (or as soon thereafter as 

practicable) of the discharge for all 

pollutantspecified in § 122.26(c)(1) For 

all storm waler permit applicants taking flow-weighted composites quantitative 

data must be reported for all pollutants 

specified in § 122.26 except pH 

temperature, cyanide total phenols 

residual chlorine, oil end grease local coIiform, and fecal streptococcus. The Director may allow or establish 

appropriate site-specific sampling 

procedures orrequirements including sampling locations. the season in which 

the sampling takes place the minimum 

duration between the previous 

measurable storm event and the storm 

event sampled the minimum or 

maximum level of precipitation required for an appropriate storm event, the form of precipitation sampled (snow melt or 

rein fall] protocols for collecting 

samples under 40 CFR part 136 and 

additional time for submitting data on a 

(b) . . . 

(2) . . . 
Fedaml Regi~Her / Vol. 65. No. 222 / Friday. November 16, 19%~ / Rules and Regulations M 

use-by-case basis. An applicsnt is 

expected lo “know or have mason lo 

believe” lhat a poMant is pnsent in an 

cfh~ent based on an cvsluation of the 

expected use. production, or sforaga of 

tbc paUulanl. or on any previour 

analyses for the pollutant. (For example. 

my perliclde manufuclured by s facility 

may be sxpecled to bs present in 

contaminated rlorm water runofT from 

lbe facility.) 

. . . . . 

(k) A&kotion rrguirententa fororaew 

wums ond new dmha~. New 

manufaduring. commercial. ml&g and 

silvicuhuml dtschrgers rpplyln8 for 

NPDES permits (except for new 

discharges of hcihhes subject to the 

requirements of paragraph (h) of this 

secllon or new ducheges of storm 

water sssoclated w~tb industrial sctivrly 

which are subject lo Ihe requirements of 

4 12228(c)(l) and this section (except as 

provided by ) IZZ~~(C)(I)(I~)) shall 

provide the followvlg information lo the 

Dtrector. usmg the applrcatlon forms 

provided by the Director: 

. . . . . 

4 Secbon 122 Z(b) mtroduclory Lexl 

IS reblsed IO read a9 follows 

4 122.22 Slgnstorloa to pormlt sppllcstlons 

and r~po* (applkabh to Ststo prosrsms, 

404 p 123.25). 

. . . . . 

(b) All reports required by permits. 

and other InformatIon requested by the 

DIrector shall be signed by a penon 

described In paragraph (a] of this 

9ecflon. or by a duly aurhonzed 

representalive of Iha! person A person 

IS a duly authorized representallve only 

If 

. . . . . 

5 Section 12226 IS revised lo read a9 

rollows 

4 122 26 Slalm water dlachargrs 

(appksblc to Stale NPDES progrsms. so 

p 123.25) 

la) Permit regudrement [I) Prior lo 

October 1, 1992. drscherges composed 

entirely of storm waler ehell not be’ 

required lo obtain a h’PDES perml! 

except 

(I) A discharge with respect 10 which 

a pem11 ha9 been Issued prior IO 

Feb-uary 4 1487. 

(II) A discharge assocraled with 

mdusfnal acllvlly (see 0 122 26(a)(4)]. 

[III] A discharge from a large 

municipal separate storm sewer system, 

(I\ ] A discharge from a medium 

municipal separate storm sewer system. 

1~ I A discharge which the DlrecLor. or 

rn Stares wrlh approved NPDES 

prsg:Ams erther the DIrector or the EPA 

Reflonal Admmlsfrator. deterrnmes IO 

r’,nfr tnlJfe fo a ~‘ldd~lon of 9 water 

quallly slsndurd or is a significant 

contnbutor of pollulants to wa~crs of the 

United Slates. This desiipration may 

Include a discharge from any 

conveyance or ryrlem of conveyancea 

used for collecting end conveying slorm 

water runoff or s system of discharges 

from municipal sepsrale storm wwers, 

except for those discharges fron 

conveymar which do not rsqulrs s 

permit under psrsgrsph (s)(2) of Lhis 

sectin or agricultural storm water 

nmofl which is exempted from lhe 

definllion of point sourcs al ) 12Z2. 

Tba Dlrsclor may designate discharges 

from munlcipsl repsrate storm sswsrs 

WI I systsm-wide or jurisdlctlon-wide 

brie. In makhg (his datuminalion the 

;z; may amider the following 

(A) Tha location of lhe dmcharge wrlh 

mpecl lo walers of the United Stales a9 

defined at (0 CFR 122.2 

(B) The sire of the discharge. 

(C) Tbs quantity and nslure of the 

pollutants discharged LO waters of the 

United bstn; snd 

ID) Other relevant factors. 

{2) The Dlreclor may not require a 

permil for dlscharges of 9lorm waler 

runoff from mmlng operations or 011 and 

gas exploration. production. processmg 

or trealmenl 0peraLonr or transmission 

faclh~~es. composed entirely of !Iows 

which are from conveyances or systems 

of conveyance9 (mcludmg but not 

lImIted 10 popes. condulu. ditches. and 

channels) used for collecbng and 

conveymg preclpltatlon runoff and 

which are noI contammated by contact 

with or thal has not come into conlacl 

with, any overburden. raw mslenal. 

mlermecbate produck finished pro&cl. 

byproduct or waste products located on 

the mte of such operailons. 

(31 Loge andmedum munqn2l 

separore storm sewer systems I I ) 

Permits must be obtained for all 

discharges from large and medium 

municipal separate sLorm sewer 

systems. 

(II] The DIrector may either issue one 

system-wide permit covering all 

discharger from munlclpal separate 

storm sewen within s large or medium 

municipal 9lorm sewer sy9lem or Issue 

dlstmct permits for appropriate 

categories of discharge9 within a large 

or medium muruclpal separate slorm 

sewer system indudmg. but not lImIted 

IO et1 discharges owned or operaled by 

the same munlclpahty. located wlthln 

the same junsdlctlon; all discharges 

wlthm a system lhat dlscherge to the 

same watershed. drscharges withan a 

syslem theI ere slmllar In nature. or for 

mdrvldual drscharges from municipal 

separate storm sewers within Ihe 

system 

(III) The operalor of a dlschage from 

a municipal sepamle ~lorrn sewer whtrh 

is part of e lerge or medium muntnpal 

reparale storm sewer system must 

either: 

[A) Parlicipale in a permit epphcatlon 

(IO be a permlllee or a co-permIttee] 

with one or more olher operslors of 

discharges from the large or medium 

municipal storm sewer syslem which 

covers all., or s portIon of all. dlschagrs 

from Be municipal separate storm 

sawer system; 

[B) Submit s distend pennil 

l pphcatlon which only covers 

dlschages from the municqsl separete 

storm sewers for which Ihe operator Is 

responsible. or 

(CJ A regaonal authorily may be 

responsible Ior submllllng a permit 

apphcauon under the followmg 

guldchnes 

(1) The regional aulbonly together 

with co-apphcants shall have authonry 

over a storm water managemen! 

program rhal IS III exlslence. or shall be 

in l ustence al the time part 1 of the 

appllcatlon 19 due, 

(2) The permrl applicant or co 

eppkant9 shall eslabllsh their ab hty to 

make a tImeI) rubmlssron of part I and 

part z of the munlclpel apphcatlon. 

1~) E.ach of the operelors of munrclpal 

separate slorm sewers wjlhrn the 

syslems described In paragraphs Ib)[4) 

(I). [II), and (III) or (bJ(7) (I) (II). and (III) 

of 011s sectlon. thal are under the 

purview of the designated region31 

authority. shall comply WI&I Ibe 

appkahon requlremenls of paragraph 

(d) of this sectIon 

(IV) One permit appljcatlon may be 

submItted for all or a portlon of all 

munlclpal separate storm sewers wIthIn 

adjacenl or Interconnected large or 

medrum mumclpal separale storm sewer 

sj stems The Director may Issue or&e 

system-wide permit covermg all or a 

porhon of all municipal separate 6:orm 

9ewers In adlacen\ or Interconnected 

large or medium munlclpal separate 

9lorm sewer syslems 

(v) Permrls for all or a porlion of all 

discharges from lage or medium 

municipal separale slorm 9ewer sgs!ems 

[hat are Issued on s system-wide. 

lurlsdlctlon-wrde walershed or other 

basis may specify dIfferen condlllons 

relatmg to Me.rent discharges covered 

by the permrt. mcludlng different 

management programs for dlfferent 

dralnege areas k hlch contrrbule storm 

water to the s) stem 

(VI) Co-permIttee need only comply 

wllh permll condlrlons relating IO 

discharges from the mumcJpal seperale 

storm sewers for which they am 

operators 
Fadem Regbler / Vol. 65, No. 222 1 Friday, November 18, is90 1 Rules end Regulatronr 

(4) lhschageb lhmugh laqe and 

mcdrum munrcipal repmk storm sewer 

system8 ln addition to mcctlng the 

raquinmcnt8 of parrgrrph (c) of h 

8ecUon. an operator of l Norm water 

dlrcharge l s8odated with Indu8trial 

actMy which dlrcharge8 through a 

large or medium municipal aepnrale 

storm sewer ayatem rball submit, lo the 

operrtor of the municipal aeparata 8torm 

wwer ry~tem hiving the discharge no 

later than May 16.1991. or 1e0 dayr 

prior lo cotnmendng ~ucb dImcbge: lbc 

nmttr of lbe fedlilr. a ooontact person 

end phone numk the location of the 

dlachgc a deeui Uoa Lndudlng 

Stenderd lttdwtrl s Clar&uUon. 

which best rrfleclr lbe principal 

P 

roductr or rcnrlcer provided by each 

adtity; md any exMing NPDES permit 

number. 

(5) Olher municipal cepnmte storm 

8ewe~. The Director may 188~s permits 

for municipal separate rtorm 8cwen 

that are derignrted under peragraph 

(a)[l)(v) of this nection on a ryrtcm-wide 

bark. jurirdicUon-wide bark 

waterrhcd barln or other appropriate 

bana. or may I8ue permita for 

indlvldual dlrcharger 

(6) Non-municipl sepamfe storm 

LCIYCH For rtorm water dlachages 

as8ociated with lnduutnel actrvlty from 

point rourcer which ducha l through a 

non-munlclpel or non-pubhc P y owned 

rcperale rtorm sewer ryrlem, the 

Director, in hi8 dlecrction. may isruc a 

8mgle NPDES pernut. with each 

dlrcharger a co-permittee to e permit 

irrucd to the operator of the portion of 

the ryrtem that dl8charger into wntem 

of the United Stater: or. indlvldual 

permltr to each drrchager of 8tonn 

water arsoclated with indu8tnal acuvlry 

through the non-municipal conveyance 

ryrtcm 

(I) A.lI storm water &rcharges 

arrociated with indurtnal acbvlty that 

dincharge through a atom water 

dlccharge system tk-Jt ir not a murucipal 

reparate nlom 8ewer munt be covered 

by an individual permit. or a permit 

insued to the operator of the portlon of 

the 8yrtem that dlacharger to watern of 

the UnIted Slates. ~th each dincharger 

lo the non-municipal conveyance a copcnlttee to that permit 

(II) Where there II more than one 

operator of a rtngle nyntem of ruch 

conveyancer. all operator8 of ntorm 

water dlrchage8 a8nocialed wth 

lndustrlel acbvity muat 8ubmlt 

appl~cel~ona 

(1111 Any permrt covenng more than 

one operator nhall ldentlfy the effluent 

hmltalrona or other penmt condltlonn. d 

any that epply to each operetor 

(7) Combrnedsewer systems 

Conbryances that dlachege storm 

wlter runoff combined with munldpal 

newage an point 8ourcen lhat must 

obtain NPDES pmnitn in accordance 

with the procedure, of fi s22.2l and are 

not rubject to the pmvinionr of this 

asclh. 

(a) Whether a dircharge from a 

muddpal reparata rtonn newer II or is 

not rubject to regulation under thi8 

aecUon ahall have no bearing on 

whelh lbr owner or oprmtor of the 

dkharga is eUgll& for fundiug under 

titlaILUlleUfortiUeWoftbeClean 

Water Act. See 40 CFR part 35. rubpart 

t wmnh AOHJI. 

(b) Lkfinitiona. 11) CoqWnittee 

meetu a pertn~lea to a NPDES permit 

that b only rrrpoaalble for pennit 

condiUoa~ relating to the dkbags for 

whlcb It la opntor. 

(2) /Ilicit dicchuge mean8 my 

&charge lo a munidpal rcprnte storm 

sewer tbrt I8 not cornpored entirely of 

atonn waler except dkbager pursuant 

to a fWDES permit (other than the 

NPDES permit for dirchago from tht 

municipal reparate alonn 8ewer) and 

dircharger resulting from fire fighting 

activitier. 

(3) Incoqom!edpluce mean8 the 

District of Columbia, or a city. town. 

township. or vllbge Lhat ir incorporated 

under the lew8 of tbe Slate in which it ir 

located. 

(4) Large municlpol sepamfe storm 

sewer system mean8 sll mumclpal 

reparate storm aewen that are either: 

(i] Located In an lncorporaled place 

with a population of 250.000 or more as 

determined by the Iatot Decennial 

Cenrur by the Bureau of Census 

(eppendix F): or 

(U) Localed In the counUe8 urted in 

appendix H. except municipal repamle 

sform rewen that are located in the 

hcorporaled placer. townrLp8 or town8 

within such counties: or 

(bi) Owned or operated by a 

municipahty other than there described 

in paragraph (b)(4) (1) or (ii) of Lhlr 

recbon and that are denmated by the 

Director aa part of the large or medium 

municipal ripsrate rlom sewer system 

due to the Inten-elaUonrhip between the 

dlrchager of the derignated 8lorm 

rewer snd the dirchuger from 

municipal reparale 8torm sewers 

dercribed under paragraph (b)(4) (I) or 

[ii) of thlr 8ecUon. In making thl3 

determinallon the DIrector may connider 

the following facton- 

(A) Phynlcal inlerconnecllona 

between the mumcipal reparete IIO~~ 

rewem, 

(B) The location of dwbagen from 

the designated muruclpal reparate 8lorm 

newer relative to dlrchrger from 

munlcipai 8eparate 8lorm rewers 

dercobed in paragraph (b)(4)(i) of th 

meclion: 

(C] The quantity and nature of 

pollutant8 diDcharged lo waler8 of the 

United Staler: 

[D] The natum of the ncelving waten. 

and 

(E) Other relevant facloh. or 

(iv) The Director may, upon petItion. 

demignate aI l large municipal aeprrale 

storm rewer myrlem. municipal reparate 

rtocm aewem located within the 

bowdarlsr of a region defined by a 

rtorm waler management regional 

authority bared on a juriadictbnal. 

watenhed, or other appropriate bar18 

thet include8 one or more of the 8frtemn 

deralbed in paragraph (b)(4) (I). (II), (III) 

of W8 acction. 

(5) Major munxipol repomle rtonn 

aewur ou%fl (or “major outfall”) mean8 

l munidpd reparate rtorm sewer outfall 

chat cIL8cbarge8 from a ringle pipe with 

an inrlde diameter of 26 inches or more 

or it8 equlvalenl (&rchargc from a mingle 

conveyance other than circulu pipe - 

which ln l rrociated wltb l drainage 

area of more than 50 4crer). or for 

municipal reparate ntorm mewera that 

receive storm water from lands zoned 

for indurtnal actlvlty [baled on 

comprehenrive ronmg plan8 or the 

equnalent). an outfall that dlrchargr 

from a nmgle pipe with an innlde 

Qameter of 12 inche8 or more or from its 

equlbalent (dlnchagc from other thrn a 

circular pipe arroclated with a drainage 

area of 2 acre8 or more] 

(6) MQJO~ ouffoll means a ma jar 

municipal reparate rtorm 8ewer outfall. 

(7) h-fed/urn munlclpal repomte rtorm 

sewer sysrem meann all municipal 

reparate rtorm newern that are either: 

(I) Located In an Incorporated place 

wrth a population of 100.000 or more but 

lenr than 260.060. a8 detemuned by the 

latert Decennial Cennun by the Bureau 

of Census (appendix G). or 

(II) Located in the countler llsted in 

appendtx I. except municipal neperate 

rtorm newer1 that are located In the 

incorporeted placer. town8hlpa or towns 

wlthm ruch counties. or 

(III) Owned or operated by a 

muniapsltty olher than thone dercnbed 

in paragraph (b)(4) (I] or (II) of this 

rectlon and that are derlgneted by the 

DIrector a8 part of the lage or medium 

municipal neparate Norm rewer eyrtem 

due lo the mterrelatlonrhlp between the 

dIncharges of the derlgnated rtorm 

sewer and the dlncharges from 

mumclpal neparale nlorm lewefs 

dercrlbed under paragraph (bl(41 (il r- 

(II) of this sectIon in malung this 

determmatton the Dlrector may conb 

the foliowq factors 
~edsral register 1 Vat. 55. No. 222 / Friday, NOW&X 16. WOO / Rules and Reguletions 48065 

(A) Physical interconnections 

between the muuiclpal separate storm 

IItWCH; 

[B) The location of discharges horn 

the designated muniapal separate storm 

sewer rrletivt lo &scharger from 

munlclpal separate rlornll sewem 

described In paragraph (b][7)(i) of th18 

recllon: 

[C) The quanUty and nature of 

pc+htantr discharged to waters of the 

UnIted States; 

(D) The nalw of the nceivmg waters. 

@I Other relevant facton; or 

(iv] The Director may, upon peuuon, 

designate as a m:dium munlc~prl 

-ate storm 8ewer system. munldpat 

separate storm rewem located within 

the boundaries of a region defined by a 

storm water management regional 

l utborlty based on II jurirdictlonal. 

watemhed, or other appropriate ba~ir 

that include8 one or more of the ryrtemr 

dercnbed in paragraph8 [b)(7) (i). (II]. 

(Ur) of this rection. 

{a) Munrclpal seporde storm de wer 

mean8 a conveyance or ry8tem of 

conveyance8 [mcludmg road8 with 

dramage myatennf, mnmcipal streets. 

catch basins, curbs. gutters, ditches. 

man-made channels. or storm drams] 

(I) Owned or operated by a State, c11y. 

town, borough. counly, parish. dlrtrict. 

rsaociallon, or other public body 

(created by or pursuant to State lew) 

having junsdlctlon over disposal of 

sewage. Industrial waster. storm waler, 

or other wastes. Includmg special 

dlrtnctr under Stale law such a8 a 

sewer &stnct, Rood control d~etrict or 

drainage dlstnct. or rlmllar entrty. or an 

lndlan tnbe or an authonzed lndlan 

tribal organlzatlon. or a designated and 

approved management agency under 

sectron 208 of the CWA that discharges 

to watera of the UnIted States, 

(II) Designed or used for collectmg or 

conveying storm water: 

(HI) Which II not a combmed sewer, 

and 

(IV) Which IO not part of a Publlcly 

Owned Treatment Worka IPOTWI an 

defined at 40 CFR 122 2 ’ 

(9) Our(all mean3 a pornt source a8 

defined by 40 CFR 122 2 at the point 

where a munlclpal separate storm 8ewer 

dlscharges to waters bf the United 

Slate8 and doer not include open 

conveyances cormectmg two mumctpal 

repare te storm sewers or pipes. tunnel8 

or other conveyances which connect 

segments of the same stream or olher 

vafers 01 the Umted Slates and are used 

o conve) walers of the Umted States. 

(IO] Oberbmden means an> metenal 

of any nature. consotldated or 

mcoosolldated. that overllee a mmeral 

~C-SSII excllrdlnp topsorl or slmllar 

naturally-occurrfng 8urfec.e material8 

that are not disturbed by mining 

operations. 

111) Runoffcoefic~enr mearu the 

fractAon of total rainfall that till l ppear 

at 8 conveyanca as nmoff. 

(12) Signlficunt moteriuls includes. 

but Is not limited to: raw metcri8l8: 

fuelr. materials such 48 aokents, 

detergent* and plastic Nets: flni#hed 

materiab such as mala r Ic psciductr; raw 

materlaIr wed In food procarrlng or 

producuos hazudow 8ub8tallce8 

designated undo section lOl(l4) of 

CERCLAi any che~~~Id the fmdky Ia 

reqti lo report purauMt to aacuou 

51s of Uda In of SAM LrtiLLLwn: 

pe8tldde8: and warta products such as 

ashes. 8188 and skd@ that bavr the 

potenUa1 to be nlrarrd with storm 

water disc&gas. 

(13) S&m wuter means storm waler 

runoff, snow mel! runoff, and surface 

runoff and drainage. 

(14) Storm water d&hag8 associated 

wirh induslriol activity mean8 the 

discharge kn any conveyance wbicb is 

used for collecting and conveying storm 

water and which Is directly related to 

manufacturing, processing or raw 

material8 storage areas at an industrial 

plani. The tern doer not include 

&rcharges from facilrtier or activltlee 

excluded from the NPDES program 

under 40 CFR part 122. For the 

categories of industries identified in 

paragraph8 (b)(l4) (I] through [x] of th18 

section, the term Includes, but Is not 

hmlted 10, storm water discharge8 from 

Industrial plant yards: lmmed!ate access 

roads and reIl lines used or traveled by 

carrier8 of raw materials, manufactured 

products. waste material. or by-products 

used or created b the facility: material 

handing sites: re km e sites; liter used for 

the application or dirporal of pmcese 

waste watem (an defined at 10 CFR part 

101): rites ured for the storage and 

mamtenance of material handling 

equipment. sites used lor remdual 

treatment. storage, or dlsporal: shipping 

and receiving areas: manufacm 

buildm 8: mtorage erear [Lncludmg tank 

farms) f or raw materlab, and 

intermediate and finished product*: and 

arean where Industrial ectivily ha8 

laken plece tn the past and rlgnificant 

malena remain and art exposed to 

storm water For the categorier of 

industries ldenttfied in paragraph 

(b)[lr)(xi] of thir rection. the term 

includes only rtonn water dischager 

from all the areas (excepl acce8m roads 

and rad hnes] that are luted in the 

prevlour sentence where material 

handling equipment or acbvltrer, raw 

matenelr. intermediate products. final 

products. waste ma~erialr. by-products, 

or mdurtrial machmery sre exposed to 

storm water. For the purposes of this 

paragraph. material handhng activltler 

include the storage. loading and 

unloading. tranaportabon. or 

conveyance of any rew material. 

intermediate product, finished product, 

by-product or waste proch~ct. The term 

excluder area8 located on plant lands 

separate from the plant’s industrial 

rctMtie8. such aa offlce buIldInga and 

rcwmpmnying parking lots a8 long aa 

the drainage from the excluded ueas is 

not mlxed with storm weter drained 

&om the above deacrlbed ereas. 

induetial facUltk8 (Including industrial 

facilities that are Faderally. State, or 

q unidpally owned or opereted that 

meet the description of tha h4liUer 

listed ln Thor paragraph (b)[14)(1)-(xi) of 

this section) include those fadlitler 

derignatcd under the provisIons of 

paragraph (r)[i)[v) of this 8ecUon. The 

following categoner of facilltIe8 are 

considered to be engaglng in ‘IndurMal 

activity” for purposes 01 this 8ubrecUon. 

II) Fadlltier subject to storm waler 

effluent Inutationn guIdeliner. new 

source performance standards, or toxic 

pollutant effluent standards under 10 

CFR subchapter N (except facUee8 tith 

toxic pollutant effluenl rtandards which 

are exempted under category (xl) in 

paragraph (bJ[14) of this rect~on); 

[II) Faclhtles clarsffied as Standard 

lndurtrial Classifications 24 (excepl 

2434). 28 IexceL t 265 and 267). 26 (except 

243). 29.311.32 (except 323). 33.3441. 37% 

(ill) Faclhtur classified a8 Standard 

lndustnal Class~ficatlons IO through 14 

(mlneral indurtry) Includmg acbve or 

lnsctive nuning operation8 (except for 

area8 of coal mining operations no 

longer meebng the defml Lion of a 

redamatlon area under M CFR 434 11(l) 

beuure the performance bond issued lo 

the facility by the appropnale SMCRA 

authority haa been released or except 

for area8 of non-coal mimng operations 

which have been wtmed from 

apphcabIe State or Federal reclamahon 

requirementr after December 17,lesO) 

and oil and gas exploration. productron. 

procerring. or treatment operations, or 

traosmlsaon faclllttes that discharge 

storm water contaminated by contact 

w~tb or thal has come into contact with. 

any overburden. raw material. 

IntermeLate products. fmlrhed 

products, byproduct8 or waste pruductm 

located on the rote of such operahons. 

(inactive nunmg operations are mlnlng 

sites that are not being rdlvely mined 

but which have an Identdiable owner/ 

operator. inactlve mmmg 8ltes do noi 

include siter where minmg claims are 

being mamtained prior to dIsturbancea 

associated with the extractron. 

beneficiation or procersmg of mln?d 
Federal Register 1 Vol. 55. No. 222 1 Friday. November 18. IQW 1 Rub pad Rdotiioas 

muterhk nor alto where minimal 

l ctivitiu err undertaken for the sole 

purpose of meintnining a mining daimj: 

(iv) Hazardour week treatment. 

storage. or dqoeal facilities. indudmg 

thow lhat are opting under intefim 

elatue or l permit under e&title C of 

RCXA; 

(v] Landfilla land apphcation eitcr. 

and opan dumpr that receive or hew 

recahd l ny induetriel wartee (mete . 

lhat le recaivad horn eny of the fadl~tiae 

dceaihed under Qia eubeeckm) 

includmg Thea that are l uhjact to 

ngulatioa under eubUUa D of RCRA. 

(vi) FuibGs involved In the mcycluq 

of rn8twiJI. hdudIng mabl ecmpyarda 

tuttavy redeimcn. ealvage yarb. and 

aotomobile junkyardr including hut 

I~rnMd to khorc daee~fied 8s Standard 

lnJueMal Ciaasificatlon 5015 and 5093. 

(vii) Steam electric power generating 

faclhtree. lncludmg coal haodllng alter. 

(VW) Traneporturron furilltlea 

claeer~cd as Standard Indurtnel 

Claeufiullonr 4tl.41.42 (excepl lzzl- 

~5). 43. CL 45, end 5171 which have 

\eblde mamhmance ehopr equipment 

cleaning operetionr. o8 airport delcmg 

opcretionr Only hone porWma 01 Ihe 

facdlty that are either involved io 

vehicle malatenana (mdudw vehlclr 

rehrrblhtatron mechanical rcpeln. 

palntlng. fuclmg. and lubricalron). 

equipment clearung operabonn. a:rpofi 

derclng operstlons. or wb~ch are 

othrrnise Idenllfied under progrcrphr 

(bl(l4) (I)-(vII] or (LX)-(XI] of this eectlon 

are aasoclated with indurtrlrl actlvlty. 

(lx) treatmelll worka trerting 

domcalic rewage ur any other sewdgc 

sludge or wurtcwater treatment devlcc 

or rlstem. used m the storage treatment. 

rrcgcimg and reclamatmon of municlpai 

or domesllc newage lnciudmg land 

dedlcakd to the dlsporal of wwagp 

sludge that are lOCdl@d ~ithm the 

co~finra of 0-t~ fac~ht) wllh a design . 

flowf l$ mgd or mnre or requbred to 

fire an hpprobed pretlcstnlrlll program 

undu 40 CFF4 part 403 hot InrlJded e:e 

farm lands domestic p trdens or lands 

used lor sludge management when 

sludge II beneficlaliy reused and which 

are no1 physIcaNy locnled In the 

confines of the facilrty. or aPeas that are 

In compliance with section MS of the 

CWA. 

1~) Construchon ~CIIVII~ InciJdlng 

cleenng. grsdlngand excavahon 

aclrwt~ea except operatIona that remA 

~1 the disturbance of lass then five awes 

of total land area which are not part of a 

larger common plan of de\ elopment or 

sale 

Ial) Faahtieo under Standard 

lndustnal Classifications 20. 21.22. 23. 

243-1 25 26& 267.27.283.265.30.31 

lc-cv 511) 323 M fercept WI) 35.58, 

37 (except 373). 36.39.4221-25. (and 

which are not olhcrwlee included within 

cetegonee (h)-(x)). 

(c) A&~cvtion requrremente for rtortn 

wuter dirchofges oeaocioted with 

tnduslrid activity-+] hd~v#uof 

opplrcotion. DLechagere of etonn water 

l reoclatsd wilh indu&fal l cUvity are 

raqulnd lo rp Iy for an indivfdual 

parrnIL ap 

flp 

ly ore pennil through l 

group epp cation or eeek coverage 

under a promulgated elorm water 

grncral pvmit. Facilltiae that are 

required lo obtain an lndlviduel permit. 

or any discharge of storm weter which 

the Dlrccfor b evehUng fw 

deeignation (rse 40 CRI 124.52(cJ] under 

pemgnph (m)(l)(V) of thle mctlon md is 

not l mwrlapel eeparule etorm eewer. 

and which ie not perl of a grwp 

l ppbcation deecrihed under paragrepb 

(q(2) of tbie eection. shall eubmit en 

NPDES application in accordance with 

rhe requiremente of 4 12L2l a~ modified 

and ruppiemcnted by the provieione of 

the remainder of thihir paragraph 

Applkontr for discharger Oompoeed 

cntlrelv of etorm wcrter shall eubmil 

Form I l d Form ZF Appkantr for 

duchurgel composed of rtorm wuter 

and non-storm watrr rhull rubout Form 

I. Form 2C. and Form 2F Appkenl~ for 

new eources or new cbsrhargea (as 

defined in j 122.2 of ha part) cornpored 

of dorm waler rnd non-storm water 

shall eubmit Form 1. Form ZD. end Form 

2F 

(II Except aa provided in 0 122 %(c#l I 

(ii)-( the operelor of a etorm water 

discharge esroclated with Ind!rstnal 

activity subject to this rection bhaU 

provldc 

[A) A site map rhowmg tupography 

(or bdlceting the outhne of drainage 

areas eerved by the oulfatl(e) covered in 

the epphcation if a topographic mai i6 

unavailable) of Ihe facility mcludmg 

each of its dramage end becharge 

structures. the drainage area of each 

storm water outfall. paved npeaa and 

bulldIngs within the dramage are(l of 

each storm walu outfall. each purl or 

prerent area ured for outdoor rlurage or 

disposal of aignifiunt matennla eecb l astlng Wuctural control mensure lo 

reduce pollutanle in dorm water runoff. 

materiels loading and euxns JreS8. 

arean whew peetrcidee. herbicides. soil 

condlkmers end fertlllzrr are appbed 

each or its bJXJdOll8 waste trealment. 

elorage or &rporal fecihties (indudkg 

each area not required lo have a RCRA 

permit which II ured for accumulating 

hazardous warte under (0 CFR 262 341. 

each well where fluidr from the fecdIty 

JR! in/e&d undergroruld: Springa end 

other w&e weter k&a which 

recerve tinem water dlechsges from Iire 

facility: 

(B) An eatimate of the area of 

Impervious rurfaces (includtng paved 

areas and bulldrng roofs) and the total 

ue~ drained by each oulrpll (wlthrn e 

mile rudrue of lbe Sac&y] and a 

narrative deecr@Uon of the following 

Slgnikent materia!e IhJt in the lhree 

yeen prior to Ihe rubmittal of thin 

l pplketioa have been treated, stored or 

dlePoeed in a menasr lo allow seporure 

to etorm weter, method al treatment 

etorage oc dieporal of euch materials; 

maleride management praclicee 

employed, in the three yeare prior IO Ihr 

l umtal d th:e l pph&~n to 

minimlee ooatad hy theee matenrle 

wilb Slonn wrtar mnom matenule 

loading and am areas the loca~on. 

manner and fmqm in which 

peetkldcr. betbidder. rod coodltloners 

and ktilleen are l p@td: the location 

and a deecriptkm of axnthg etwcttu~l 

l d wa-Dtnlclurlll control meseurcB to 

reduce pollutants in storm wator runoff 

and a deecripclon of the freatment the 

etorm water receives. indudrng the 

ultimate dLpoal of any rolld or fluid 

wostce other than by die&age: 

(C) A certificetion lhrt a?1 outfallr lhet 

rhould contaut storm waler discharges 

arsociated with indurtrfal acfrvity havp 

been tested or evaluated for the 

precrnce of non+torm waler drschargpwhich en not covered by a NPDES 

pannri. ferfe for such non-elorm w0lC1 

dlachrrges may utclude rmoke lest& 

fluorometrlc dye teats. analysis of 

accurate schema&e. an well as other 

appropriate tests The certification shall 

Include a descnptlon of the method 

used the date of any testfnp. and the 011 

rite dralnegr poinla that were directly 

observed during a test. 

(D) Ruiehng infwmation regordmg 

Jl@kJnt leaks or ep~lls of touC or 

harardoua polhttentr at the fac~hy that 

have taken place within the three )ears 

prior to the rubmlttal of this spphcation 

(E) Quantitative date based on 

BernpIes collected dunng rtorm events 

and collected in accordance with 

0 122.2l of tNa part fmm afl outfillle 

contaiomg a e~orm waler dwhorge 

srrocirled with industrial activity fol 

the following parameters 

(I) Any pollutant limited v) en effluen 

guldehne to ~hicb the facih my ia rubject 

(21 Any pollulaal Wed in the facillty’l 

NPDES permit for rte process 

wastewater (if the fadtity is Jperalrng 

under an exi&ng NPDES pe.rmiil; 

(31 Oil and grease. pH. BOD5. COD. 

‘ES, total phosphonu. total Kjeldahl 

nitma. and nitrate plu: nitrite 

niUogMI. 

(I) Any Information oa the dndmr, 

required under pJBB#Jph $ IZUl~)( 

(1111 and (IV) of this part 
Federal Register / Vol. 55. No. 222 / Friday. November 16, 1990 / Rules and Regulafrons 48067 

I- 

(5) Flow mcaruremenlr or crlimaler of 

the flow rate and the total amount of 

discharge for lhe storm event(s) 

rampled. and the method of flow 

measurement or ertlmation: and 

(6j The date and duration (in hours) of 

the rtorm event(s) sampled, rainfall 

measurements or estunater of the storm 

event (In inches] which generated the 

rampled runoff and the duration 

between the storm event earnpled and 

the end of the previour mearurable 

(greater than 0.1 Inch rainfall) rtorm 

event (in houre); 

(Fj Opemton of a dlrcharge which ir 

compoacd entirely of rtorm water am 

exempt from the nqulnmente of 

4 ma rsx21. (8X31. (s)(4). [elW 

(sl(7l(tl. MW). and [e)(7)(v); and 

(C) Operaton of new sources or new 

discharges (as defined in 0 122.2 of lie 

part) which are composed In part or 

cnttrely of rlorm water murt include 

esttmates for the pollufanls or 

parameters Itsted in paragraph 

(c)(l)(~)(E) of thts eectlon innteed of 

actual samplmg data. along with the 

eource of each estimate. Operators of 

new sources or new discharges 

composed In part or entirely of storm 

water must provide quantitative data for 

the parameters hsted in paragraph 

(c)(l)(~)(E) of this section within two 

yeara after commencement of dttcharge. 

unless such dafa has already been 

reported under the monltonng 

requirements of the NPDES permit for 

the discharge Operators of a new 

source or new discharge which 1s 

composed entirely of storm water are 

extbmpt from the requlrements of 

0 122 21 (k](3)(u). (k](3j(ul). and (k)(5) 

(II) The operator of an existing or new 

starm water dlscharge that is associated 

wllh industrial actlvlty solely under 

paragraph (b)(lr)(x) of this section, (s 

exempt from the requirements of 

) 122 21(gl and paragraph (C)(Y)(I) of this 

sectlon Such operator shall provide a 

narrative descnptlon of 

(A) The location (mcludtng a map] 

and the nature of the constructlon 

acllvlty. 

(B) The total area of the site and the 

area ol the note that is expected IO 

undergo excavation dunng the hle of the 

permil 

(Cl Proposed measures includmg best 

menagemenl pracficee lo control 

pollutants In storm water dtscharges 

during constructron mcludmg a bnef 

descrlptlon of appbcable State and local 

erosion and aedlment control 

requlrcmenls 

(Dj Proposed measures to control 

pollutants In storm water discharges 

[h&l ~111 occur after construction 

opt allong ha\e been completed, 

mcl ding a bnef descnptlon of 

applicable State or local erdon and 

rediment control re 

9 

uirements: 

@) An ertlmale 0 the runoff 

cocfficlent of the rite and the Lncreare ln 

impervious area after the conrtmctlon 

addressed In the permit applloatton Is 

completed the nature of fill material 

and existing data describing the soil or 

the quality 61 the dlrchage~ and 

m The name of the recciti waler. 

ill;) The operalor of an axlAg or new 

dlrchage cornpored entirely of rlorm 

water from an oil or gar exploration. 

productton. procerdng, or b-erbnenl 

operation. or tmnrmladon facility le not 

required to rubmlt a permit lpplkation 

In accordance with paragraph (c)(l)(l) of 

this rectloh unleer the hcilityz 

(A) Har bad a dirchsrge of rtonn 

waler rerulling ln the dlrchrge of a 

reportable quantity for which 

nollIlcetion Ir or wae required pursuant 

1040CFR117.2l0r40CFR3026a1 

anytime rince November 16.1887. or 

(B) Has had a discharge of rlorm 

water resultmg In the discharge of a 

reportable quantity for which 

notification ir or wae required pumuant 

to 40 CFR 110 8 al any time rince 

November 16.3987; or 

(C) Contnbutes to a violatton of a 

water quality standard 

(iv] The operator of an existing or new 

discharge composed entirely of slam 

waler from a mining operalton l6 not 

required to submtt a permit apphcation 

unless the discharge haa come info 

contact with. any overburden, raw 

material, Infermedlate produclr. fmished 

product, byproducl or waste products 

located on the site of such operations 

(v] Apphcanls shall provide such 

other information the Duector may 

reasonably require under 0 122.2l(g)(W 

of 011s part to determine whether to 

issue a permit and may require any 

facility subject lo paragraph (c)(l)l111 of 

thus sectrcn to comply with paragraph 

(c)(1)(1] of this section 

(2) Croup opphcatran for drscharges 

assocrated with JnduSlrrOi llCtJVJty h 

lieu of indivtdual apphcallons or notice 

of intent lo be covered by a general 

permit for storm water discharges 

associated with industrial activrty. a 

group apphcatlon may be filed by an 

enuty represenling a group of applicants 

(except facihber that have existmg 

individual NPDES permtfs for rtorm 

water) that are part of the same 

rubcategory (see 49 CFR subchapter N. 

pert 105 to 471) or. where such grouping 

is inapplrcable. are rufficlenlly similar 

as to be appropriate for general permit 

coverage under ) 122 29 of lbrs part The 

part I apphcatlon shall be rubmltted IO 

the Office of Water Enforcement and 

Permits. U.S EPA. 101 M Slreel. SW. 

Washington. DC 29489 (m-338) for 

approval Once a part 1 applicel~on IO 

approved. group apphcants are to 

submit Part 2 of the group eppllcatton to 

the Oflice of Water Enforcement and 

Permits. A group apphcatlon shall 

conrist of 

(I) Parf I Par1 1 of a group application 

shall: 

(A) Identify the parttcipanls in the 

group epphcation by name and location. 

Facilities partrctpating in the group 

application ihall be listed In nine 

rubdlvtsions. based on the facility 

location relative IO the nine 

precipttatton zones tndtcated in 

appendix E lo thir part. 

(B) Include a narrative dercripllon 

rummarlzing the tndustrial aclinlles of 

participants of the group apphcatlon and 

explaining why the parllclpants. as a 

whole. are suficlently similar to be a 

covered by a general permit 

(C) Include a IISI of stgmficant 

materials stored exposed IO 

preclpitatlon by partlctpants in the 

group apphcatlon and materials 

management practices employed to 

dlmuush contact by these materials wtth 

preclpltatlon and slot-m water runoff. 

(D) ldenttfy ten percent of the 

dlschargers partlclpatmg In the group 

apphcetlon (with a mIntmum of 10 

dischargers. and either a mmlmum of 

two dischargers from each preclprtalton 

zone indicated In appendix E of thrs part 

In which ten or more members ol the 

group are located, or one dtscharger 

from each preclpltatlon zone tndlcated 

Ln appendix E of this par1 In which nine 

or fewer members of the group are 

located) Irom which quantttatlve data 

will be submitted In part 2 11 more than 

2.000 facllltles are rdentdied tn a group 

apphcatlon. no more than 300 

dlschargerr must submu quantltatlve 

data in Part 2 Groups of belween four 

and ten dischargers may be formed 

However, In groups of between four ano 

ten, at least hall the faclhtles must 

aubmlt quantltatlve data and at least 

one faclhty In each prectpltatlon zone In 

which members of the group are located 

must rubmlt data A descrlptlon of why 

the faclhtles selected to perform 

ramplmg and analysts are 

represenletlve of the group as a whole in 

terms of the mformatlon provided in 

paragraph (c)(l) (I)(B) and (I)(C) of this 

aectton. shall accompany this sectlon 

Different fsclorr ImpactIng the nature of 

the r~otm waler discharger such as 

processes used and material 

management shall be represented to 

the extent leasable In a manner roughly 

equtvalent IO their proportlon In the 

group 

(II) Part 2 Part 2 of a group 

appllcatmn shall contaln quantltattve 
Fedowl Regbtw / Vol. 6s. WO. ~22 / Friday. November 10. 1990 1 Rulew and R@aHona 

dais INR)Es Form ZFL as mod&d by 

paragraph (c)(l) of this scckm. IO lhal 

when part s rnd part 2 of the group 

application l ru taken tog&a. a 

complete NHIES l ppkation (Form 1, 

Form 2C and Form 2fl can be eveh~akd 

bc each dacbarger idenllfied in 

paragraph (c)(2)(1)(D) of this scc~oo. 

(d) Apphcafm reqwrrntenls fat Iage 

undmedun nwnx~palaepute rtorm 

uuer &acIiager The opera- ol a 

discharge frcnn s kga armrxhun~ 

munldpal #eparalc rlarm uwer or a 

municipal wpamle rlam uwa that la 

deslgnatad by rhr Director rmdct 

pvrgrapb WW) of thlr -oa. MY 

wbmlt l jurisd~dioa-wide ar ryrtanwide permit lpphcatim. Wher+ man 

than auc public cnwy ownr or apasta 

a municipal separate storm wwer withm 

l geographic area (including adjacent or 

iatcrconnccted municipal -la 

rtonn newer syrtems). ruch operatam 

may be a coapphcanl to tk same 

l ppllcalio& Permit l pphcations ror 

dlscherges from large and ma&urn 

munlc~pal slorm rewm or munic@l 

storm sewers dealgneted under 

Pnacr;grtrph @Ml)(v) of this rectaon rhall 

11) Pdrf 1 Part 1 of Qe apphllon 

shall consist of. 

(I) Geneml rnformo&oon The 

~ppl~cantr’ name. eddreas. telephone 

number of contact person. ownersblp 

alehu and stalus as a Shle or local 

gotemment enllty. 

(11) &al oulhor~~y A description of 

cxistmg Legal authonty lo control 

dlscharges to the munlupal separate 

storm sewer syslem When existing 

legal autbonty is not sticient to meet 

the cntena provided in paragraph 

(d)(Z)(l) of this secllon. the descnption 

shall lrst additional authorities as will 

be necessary to meel the &ens and 

shall include a schedule end 

commllment lo seek such sddltlonal 

authonty that will be needed IO meet the 

cnterla 

(III) Source rdenlrficalion (A) A 

descnption of the hlstonc use of 

ardmancer. mdance or other controls 

which limited the dlscharge of non. 

storm water discharges lo any PubLcly 

Owned Treatment Works serving the 

rame area aa the municipal separate 

storm sewer rplem 

@) A USGS 7.5 minute ropograpk 

map (or equivalent topographrc map 

vnth a scale between 110.01X1 and 

124.ooO If cosl effectwe) extandmg one 

mile bebond the aervlce bouodanes of 

the mmcrpal storm rewer system 

corered by the pemHt apphcatton. The 

fdtOwng mformahon#hal! be pmvrde& 

III The locetlon of known munlcrpal 

llorm lewer nyrlem uutfalls dvfchargng 

Ii, walm of the Umted Slalcl: 

(2) A deauiption of rho land tWC 

activities (cg division8 hrdicatmg 

undeveloped. residenhsl. commercial. 

agicultnral and indastrisl uses) 

l almpMlad uilh crumska cd 

pop&Gun densltia and probled 

growth for a ten year al wtthin Ihe 

drainage area urwul r y Ie sepamte 

WWOI sewer. For l rcb land use type. an 

ertimate of an l vemge nmofl coefficient 

shall be ~NV&M 

(8) ‘Ibe loatioa and a desblption of 

the rctlvitlea of lbe facllily of 0ad1 

cumody apeming or dosed municipal 

IuuUiU or otbvr beatmeot rtonge or 

dbpo8alfedDtyformunidpalurrtc; 

(r)Tbe locanon and the t 

number of soy knowo di P ergs to the 

munidpal storm sewer that has been 

IMued 8 NPDB permit: 

(5) The laatioo of major sln~ctural 

cafdrch far rionn water dudmge 

(relention basins. delentlon basins. 

major infiltration devfces. tic): and 

(6) The Identificastlon of publidy 

owned Parke. recreational areas, and 

her open lands. 

(iv) Dirchurge chumcterizution (A) 

Monthly mean rain and snow fall 

estimates (or summary of weather 

bureau data) and the monthly average 

number of storm events 

(B) Existing quanhtahve data 

describmg the volume and quahty of 

dlscheger from the munlclpa1 rlorm 

sewer. including a descnphcm of the 

outfalls sampled. samphng procedures 

and analflcal methods used. 

(C) A 11~1 of water bodies that receive 

discharges from the mwclpal separate 

dorm sewer wyrtem. includmg 

downstream segments, lakes and 

estuaries. where pollutants from the 

system dIscbarges may accumulate and 

cause watadegmdatlon and a bnef 

dercriptlon of known water qushty 

impacts At a mtmmum. lhe descnptron 

of impacts shall include a descnphon of 

whether the water b&es receiving such 

dlscbarges have beew 

(1) Assessed and reported Ln seclion 

305(b) reports submlned by the State. 

the basis for the sssessment (evaluated 

or monitored). a summary of dcslgaafed 

use support and attamment of Clean 

Water Act (CWA] goals (fishable and 

swimmable waters). and causes of 

nonsupport of deslgnated uses. 

(2) Ltrkd under sectlon 304(1)(1)(A){i), 

aechon 3~(l)(A](u). or reclion 

XM(lHl)(B) of the CWA that Is not 

expected IO meet water quality 

standards or waler quality goals. 

(3 l.mtecl In State Nonpomt Source 

Assessmenlr required by sectmn 319(a) 

of the CWA that. without addltronal 

acllon to contrul noupoint sources of 

pollutton. cannot reasonably be 

expected lo atistn or mamtain water 

quality rtandards due lo 8lorm sewen 

consllucfion. highwey meintenana l m 

nmoff from municipal landfills and 

mumclpal sludge adding rlgrdficant 

pollution (or amtribatlng to a v&&tioa 

d water quality stmtdardst. 

(4) ldcntified and classified accord@ 

to culrophic colKlltfon of publicly owned 

lakes listed In State reporta nqukd 

under section Sl4(a) of the CWA 

(lndnde Ihe foUowlng: A daacrlption of 

those publldy owned laLer for which 

uurrnkI?owIlIobelmpalrrd;r 

delcnpllon of pmcedures, proawes and 

methadm to conbol the discharge of 

pollutants from mwklpal separate 

storm sewers into such laker; and a 

descrlptioo of methoda and p~~~&~ras 

to nrtom the qualily &I such lakes); 

15) Area8 of concan 01 tbo Great 

Laker ldenti5ed by IIKJ lnkn~tional 

Joint Commission; 

@) Derlguated estuaries under the 

National Estuary Program vader sactim 

320 of lhe Cwk 

(7) Recagulwd by Qe applicant as 

highly valued or aensitic waters 

(8) Defined by the Slale or US F&I 

and Wddhfe Senrican’a Nelronel 

Wetlands lnven~ory na wethdu and 

(8) Found to have pollutants ln bottom 

BedIman& fish tissue or biosurvey data. 

(D) F~ldrctuen~. Results of a fir 

screenlog anrlym for Illicit mrmect 

and Illegal dumping for e&u saiectcb 

fietd screemng points or major outfalls 

covered in the permit applrcatiw At a 

minimum, a screening analFiB shall 

Include I narrabve dascnptroe for 

eilher each field screening point or 

ma)or outfalL of nsual observahons 

made dunng dry weather periods. If any 

llow is observed. two grab samples shall 

be collected dunng a u hour pcrlod 

with a minimum penod of Iw houn 

between samples. For all such samples. 

a narrative descrlpllon of the color. 

odor. turbldrty. the presents of an oil 

sheen or surface scum as well as any 

other relevanl observelions rrg8rdllrg 

the potenlial presence of non-storm 

water dscharges or Illegal dumping 

sh611 bs provided In addition, a 

narrellve descnption of the ttsdts of a 

field snalysla using suftable methods 10 

estimate pH. total chlorine, total copper. 

total phenol, and detegenlr (or 

surfactants) shall be pronded along 

with a description of the Row rate. 

Where the field analysis dam nol 

invo~ analytical methods approved 

under 40 CFX pert 138. the apphcant 

shalt provide a descnpbon of the 

method used includmg the name of the 

manufacturef of the lest method alone 

with the range and accuracy al the ’ 

Field screerung pomts ahall be alhe. 

major outfalls or other outfan points 6 
Federal Redabr / Vol. & No. 222 / Friday. November IO, 1990 / Rules and Regulatio’ol 

rny 0tbe.r point of access ruch as 

manholea] randomly located thmughout 

the storm uwcr system by placing a 

grid over a dramage syrtem map and 

idcntifymg those cells of the grid whkh 

contain a segment of tbe storm sewer 

ryrtem or major outfelL The field 

rcreenLng points ahall be catabliabed 

using the following guidelines and 

crlterie: 

(I) A grid system consMing of 

erpendicuhu north-soutb and east-weal 

iin u spaced I4 mile a 

overlayed on a map o P 

art shall be . 

the munidpal 

atom0 rrwer system, creating a series of 

cauai 

[Z) AU C&I that contain a segmant of 

thr storm uwer system shall be 

identified: one field screening point shall 

be relectcd in each cell; ma}or outfalla 

may be used as field screening poinb; 

(3) Field screening points mhould be 

located downstream of any source8 of 

suspected illegal or illicit actrvit 

(I) Field screening points she lr be 

located to the degree practkable at the 

farthest manhole or other eccerelble 

Iocatlon downstream in the system, 

wlthm each cell. however. rafety of 

P 

erronnel and eccessibihty of the 

ocalfon should be considered tn making 

Ous determination: 

(5) Hydrological conditions; total 

dramage area of the site: populauon 

density of the site. traffic densi@ age of 

the structures or buildings in the area: 

history of the area: and land use types; 

(6) For medium mumctpal separate 

storm sewer systems. no more than 250 

cells need to have IdenMied field 

acreenmg pomts. in large municipal 

separate rtonn sewer systems, no more 

than 500 cells need to have Identified 

field screening pomk cellr established 

by the gnd that contem no storm sewer 

segments will be ehminn&d from 

conaideratlon. if fewer than 250 cella in 

mecbum municipal sewers are created 

and fewer than 500 us large systems are 

created by the overlay on the munkrpal 

sewer map then aU those cells which 

contam a segment of Ihe sewer system 

shall be rubtect to field acreemng 

(unless access to the separate storm 

sewer system II unposr~ble). and 

(I) Large or me&urn mwnpal 

reparele storm sewer ryslemr which are 

unable to utke the procedures 

described tn paragrapha [d](l)(lv)m) (I) 

through (6) of Thor secbon. because a 

auffrclenlly detelled map of the aeparete 

storm sewer ryrtema ~a unavalable, 

shall field screen no more than 500 or 

2.W major outfaIls respecWely (or all 

major oulfalh m the rystem. if less). Ln 

such CucumLstance~ the applicant aball 

eetebhsh a gnd s)atem consrstmg of 

nonh-so& and east-west lures spaced 

5+ TT Ile aparl a8 an overlay to the 

bouadariar of the muddpal rtom sewer 

ryrtem lhereby creattng a series of 

cdl* the applicant will then select 

major outfalls in as many ceUs as 

possible unt11 at least 500 major outfalls 

(large munidpaher) or 250 major 

0utfmUs (medhun municipalties) are 

deck& a Bold screeniq analysis shall 

be undertaken at these major outfah. 

(E) Chan?crcr;iatian plan. krfomution 

and a proposed program to meet the 

Zi!tZE!.“s”’ ucr 

rgwh WWULII) Qf 

deauIptioa shall 

LndpQ: thm bcatiom of 0utfaUs or Betd 

scredng point8 l ppmprlab for 

rapaantative data e2dmcfion under 

pursnph (dI~2WWUV uf ti s=tion. a 

&a&ptlon of why the c&all us tleld 

ScrelmnIng point la npfeuntadw. the 

aemsau during whlcb aampliag Is 

intended, m duaipdon of the samplhg 

equipment. ‘Ibe propored .jocatloo of 

outfaUr or field screen@ points for mcb 

sampling should nlkct water quality 

concerns (~8 paragraph (d)(llWl(C) of 

thir section] to the extent practicable. 

(v) Management progmmr. (A) A 

description of the exlating management 

programs to control pollutant4 from the 

municipal separate storm sewer system. 

The dercripuon ahaU provide 

information on exlrting structural and 

source controls. includmg operation and 

maintenance measures for structural 

controls, that are currently being 

implemented. Such control4 may 

include. but are not limited to. 

Procedures to control pollution resulting 

from conrtrucbon activldeai floodplain 

management controls; wetland 

protection meauurer; bast management 

practicer for new subdlviaions. and 

emergency rpti rerponae programs. The 

desciiptiin may address cont@s 

l stabbshed under Stale law aa weU as 

local requiremenlk 

(B) A description of the existing 

program to Identify illicit connecbons to 

the municipal storm aewer system The 

description should include inspecnon 

procedurea and methoda far detecting 

and preventrng ilkit Bscbarger, and 

describe areas where this program has 

been implemented. 

{VI) Fiscal msomea. (A] A 

description of the financial resources 

currentl 

T 

available to the municipality 

to camp ete part 2 of the permit 

rppkahon. A dercripuon of Is 

munldpality’r budget for sxlsting storm 

water programs, induckg an overview 

of the mu~.Icipality’r finandal PCIIXNXI 

and budget, hclud.lng overall 

indebtedness and assets. and aourcee of 

fundo for storm water 

(2) Port 2 Part 2 of i 

r~grama. 

e rppUcatioa 

shall consirt of. 

(I) Adequate legal outh@v. A 

demonabatlon that the appkant can 

operete pursuant to legal l utbonty 

eatablirhed by stalufe. ordmance or 

serier of contracta which authorizes or 

enables the apphcant at a minunum to. 

(A) Control through ordinance. pennI L. 

contract order or rdar meana, the 

contribution of pollutants to the 

municipal storm sewer by storm water 

diacbuges associated with lndustnal 

activtty and the quaLty of storm water 

discharged from sites of industrial 

l cwiitr 

(B] ProMbit through ardinurce. order 

ur abnhr means, illid d&charges to the 

muaidPal separate storm aeweI; 

(cjcidrolthfcmgbofdinancaordel 

O?ShilU-tbcdkhU@tO~ 

munldpal separate rtonn sewer of 

spilla, dump@ or disposal of materials 

other than atom water 

(D) Contml through interagency 

agreements among coappbunts the 

conrrfbution of poUutanta !kom one 

portion of the mtiapal system to 

another portion of the municipal system: 

fE) Require compbance wtth 

conditions In ordraancer. permrta. 

contracta or orden; and 

(Fj Carry out all inrpection. 

surveillance and monrtonng procedures 

necesrary to determine comphanu and 

noncampbance with pernut condltlonr 

including the prohlhhon on illicit 

dischsger to the municipal separate 

storm sewer. 

[b) Source idenfrfrcoUon The location 

of any major outfall that cbrchager to 

waters of the United Staler that was not 

reported under paragraph (dlllIWiHB)(JI 

of thin sectron Provide an inventory. 

organized by watershed of the name an3 

address. end a descnphon (such as SIC 

coder) whch best rellecta the principal 

product8 or rerviur provided by each 

facility which may dlacharge. to the 

munlcfpal separate storm sewer. rtorm 

water arsocleted ~th industnal 

acbwty: 

(id) Chcfmcfer~zaf~on data When 

“quantitative data” for a poUutaot are 

required under paragraph 

(d)(a)[ui)(A)(I) of tlus paragraph, the 

applicant must collect a sample of 

effluent in accordance wrth 40 CFII 

122.2l(g](7) and analyze it for tie 

pollutant III accordance with analyt.4 

methods approved under 10 CFR part 

138. When no analytical method ia 

approved the applicant may use any 

aultable method but mull provide a 

description of the method The applicant 

must provide information cbaractenaing 

the quality and quanlrty of drscharges 

covered in the pernut appbcauon. 

hC\Uduyl 

(A) Quantitative data born 

repreaentatwe outfalls deslIplrttd by tbe 

Duector (based on informabon mcelved 
Federal Regi6tetr I Vol. 65, No. 222 I Friday, November I& 1990 / Rules and Regulation6 

in part 1 of Iht spphcabon. Ihe Direclor 

6hali de6lgnak between five and ten 

oulfallr or field 6cnening point6 a6 

reprerentellve of the commercial. 

re6ldcnt~ai and industrial land use 

l ctivitier of Ihe bsinage area 

conkhuhg to the syrlem or, when 

lhem am lerr th6n five outfall6 covered 

in the Appilcation. the DIrector shall 

derignate ail outfalir) developed a8 

rollow8 

(1) For each outfall or field screening 

point designated under this 

rubparagraph, sampler rhall be 

wllechd of rtonn water dkcharger from 

Uuw rtonn eventa occurring a! IcArl one 

month rpert in l ccordrncc with the 

requirements al i 122.Zl(gl[7) (the 

Director mey allow exemptkonr lo 

umpiing three 6torm even16 when 

ciimrtlc condIllon CmAtt! good cAu6e 

for ruch exemptions). 

(2) A narretive dercripllon rhrii be 

provided of the date And duratron of the 

rtonn l venl(6] sampled. ramfali 

e6timakr of Ihe storm event which 

generated the sampled dlschage and 

the durahon between Be rtorm even1 

rempled and the end of Ihe previous 

measurable (greater than o 1 Inch 

minfali] rtorm event, 

(31 For rempies collecled And 

described under paragraph6 (d)[Z)(ul) 

(A)( I) And (A)(Z) of Ihlr 6ecllon, 

quaniltsll\e data shall be provided for 

Ihe organic pollulants llsted m Tsble Il. 

the pollutant6 hsted In Table Ill itox~c 

melair. cyamde and total phenolr) of 

Appendix D of 40 CFR part 122 and for 

the followmg poilulanls 

Total ,ulpcndeJ solIds (TSSI 

TohI dla,olvcd molldl ITDSI 

COD 

BOIX 

011 and greasr 

Fecal colrlonn 

Fecal wreptococcus 

PH 

Total klrldahl nitrogen 

Nl~re~r plus nIlrIle 

Dlwolrcd phosphorus 

Total ammonia plus oganlc n,lrogen 

Total phorphoru6 

idI AddItIonal hmlted quanlltetwe 

dela required by the Director for 

delermmmg permll condltlonr (the 

Dlreclor mey require that quanhtatave 

data shell be provided for eddlllonal 

paramelerr. and may erlabhsh samphng 

condIllon 6uch a6 the locatIon. 6ea6on 

of sample collecllon. form of 

preclpllalion (mow mell. rslnfell) And 

olher paremeterr necessary lo m6ure 

representalIkeness] 

IS] Estimates 01 Ihe annual pollutant 

load of the cumufallve dlrcharges lo 

walers of the UnIted States from all 

ldentlfbed mumclpal outfalls and the 

event mean concentrotlon of the 

cumulative dNhsrge6 to water6 of the 

United State8 from ail identified 

municipal OUtfAii8 during A rtorm event 

(Ar dncrlbed under 0 12~2l(c)(71) for 

80R. COD, TSS. dilsoived 6ohd6. lolaI 

nitNge!L total 6InInOniA piU8 OrgAfIiC 

nitrogen, total phorphorur. dirrolved 

phosphoru8. cadmium. copper. lead. And 

zinc. E6timAter rhali be Accomprnied by 

A drrcriphon of Lhe procedure8 for 

crtimr~ng conatitnent load6 And 

concentrationr. tncluding any modcUing. 

drta Anriyrir. And c~ickdatioa melhod6; 

(Cl A proposed schedule to provide 

astimrt68 lor each m8jor outfall 

identtfied in either pAmgmph (d](ZHii) or 

(d](lHiii)(B)(Y) of thi6 8ectton of tha 

8eaIonrl pollutrnt load and of the event 

mean c0ncentrAtion of a raprerentative 

rtonn for Any constituent detectad tn 

any rample required under pArAlpAph 

(d)(t)(iii)(A) of Lhir aection: And 

(D) A proposed monitoring program 

for representalrve dala c0Uection for the 

term of the permit that dercrtber the 

location of outfall8 or field rcreening 

point6 to be rampied (or the loulion of 

inrtream rlations), why the loution i6 

repnrentatlve. the frequency of 

ramphng. parameters lo be rampled, 

And a description of rampilng 

equipment 

(iv] Proposed management ptvgrum A 

propored manAgemen program covera 

the durstlon of the permll It #hell 

Include a comprehenslve planning 

process whlcb Involve6 public 

parllclpallon And where necessary 

mtergovemmentel coordmellon. to 

reduce the discharge of poliulanrr to the 

maximum exlenl practlcAble U6lng 

managemenl precticcc. control 

technique6 and syslem. de6ign And 

engineering methods. and 6uch other 

provisIon which are appropnale. The 

program rhail also Include A description 

of staff and equipment Ave~lable to 

implement the program Seperate 

proposed program6 may be rubmltted by 

each coapphcanl. Proposed progrems 

may impose controls on 6 rystemwlde 

besl6. a watemhed barer. a junsduzlron 

bA616, or on mdlvidual oulfelir. Proposed 

program6 WIII be considered by the 

Director when developmg pennIl 

condltionc lo reduce poliutants in 

dlschargee to the maxlmum extend 

practicable Proposed management 

program6 shall descnbe pnontles for 

lmplementmg controin Such programs 

shall be bared on. 

(A) A dercnptlon of slructural And 

6ource control tTICA6UE!6 lo reduce 

pollutants from runoff from commercidl 

And resldenllal Area6 theI are 

dircherged from the municipal 6torm 

6ewer syslem that are to be 

lmpiemented durmg the life of rhe 

permit accompamed with An e6tlmate of 

the expecled reduction of pollutant 

ford6 and 6 propored rchedule for 

implementing 8uch conlmlr At A 

minimum, the delcription 8haii indude. 

(1) A dercription of maintenance 

Activitier and a maintenance rcheduie 

for rtnrclural controls lo reduce 

pollulantr (including lloatrble~) in 

diecharger km municipal reparete 

6tom1 sewers; 

(2) A d68crlptiOn of planning 

procedure8 including a coxnprehmrlve 

marter pirn to develop. tmplement and 

enhce control8 to reduce the dlrchage 

of poUuUnt6 from municipal repaWe 

rtonn sewers which retcalve dircbrrge8 

from area6 of new dewiopmenl and 

rignificanl redevelopment. Such piAn 

rhali addrear controin to redurx 

pollutant6 In dkhager from municipal 

repamte rtorm rewen after conrtruction 

in completed. (Control6 to reduce 

pollutantr in dirchager from municipal 

repsrAte 8lorm rewen conlain@ 

conrlnrction 8ite rwroff are addreared m 

paragraph (d)(Z){lv)(D) of lhls rection. 

(3) A deraiption of practrcer for 

operating and m~int~iaing pubhc 

rtreels, road6 and highway6 and 

procedure6 for mducmg the impact on 

nceivlng water6 of dIschAger frOm 

municipal 6torm rewer ryrtema. 

inciudmg poilutanlr discharged as a 

reruil of deicing ac!tviUer. 

(4) A dercnptlon of procedure6 lo 

As6ure thhal flood menagemenl pro]ecls 

a66e66 the impac!r on le water quahty 

of receiving waler bodler and thal 

exlslmg rtruckr~l flood conlrol device6 

have been evaluated IO determine of 

retdittmg the device lo provide 

eddlbonal pollulanl removal from 6tOm7 

weter I8 ferabie. 

(5) A dencnption of A program lo 

monitor pollutant6 in runoff from 

operatmg or closed municlpai landfills 

or other treetmenl. rtorage or dlrposal 

facilitler for munlc;pal waste. which 

shell ldentliy pnorllles and procedure6 

for in6peclronr and e6tabhrhing And 

implementing conk01 measure6 for such 

dIschager (thir program can be 

coordmrtecl with the program developed 

under paragraph (d)(Zl(lv)iC) of lh16 

recllon). And 

(6) A dercriptlon of a program tlr 

reduce 10 the maximum extent 

prACtlCAbl6.pOllUlAnt6 in discharges 

from municipal reparale storm sewem 

666ociAted With the AppilcAtrOn Of 

perl Icider. hcrbiclder And fertditer 

which will include, 16 appropnate. 

control6 such as educational ecUwlles. 

permlts. certlhcatlonr And other 

meaeurec for commercial l pplrcatorr 

end dlstclbulors. And control6 for 

Apphcellon In public nghl-of-way6 Am 

al munlclpal facrlitles 
Federal Regirlsr / Vol. 55. No. 222 / I+iday, November 16, 1990 / Ruler and kegulations lbrm 

-- 

(B) A dercnpllon of a program 

including a Jchcdule. IO de&cl and 

remove (or require the dkharger IO the 

munidpai Jeparate Jlorm 8ewer IO 

obtain a wparate IWDES permit for) 

iliicil dircharger and improper dirpoaai 

In10 lhe Jlorm newer. l%e propo8ed 

program rball include: 

(I) A description of a program, 

inciudmg in8pecUow IO implemeal and 

enforce an ordmance. order8 or Jimilar 

means to prevent ULcil dischuge I0 Ibe 

municipal Jeparale rtonn newer 8yJlem; 

t; program deru IpUon JhaU l dbgr 

Le Y 

80fiUcitdi~charge8,howctvu 

ollowhg alagory of non-8torm 

water dircharger or flow8 Jball bc 

addreJJed wbere 8~31 QJchargeJ are 

identified by Be municlpah~y an rourcer 

of pollutanta lo walera of the United 

Staten: waler 5s flurbiag. ha&cape 

htgei~~~, dlverted e~nam flowa, ri~b~ 

ground waten. nncontamlnakd ground 

waler infiltration (as de5ed a1 10 CFR 

3!5.2005(20)) lo reparale Jlorm rcwera. 

uncomlaminated pumped ground water, 

discharges from potable waler rources. 

foundetlon draina, air con&Uoning 

condenrahon. irrigabon water, rprmgs. 

water horn crawl rpece pumps. footing 

drainr. lawn walenng. indlvlduei 

residenhel car washq, flow, from 

npanan habItal and wedands. 

dechlonnared Jwimmmg pool 

discharges. and JIreel wash waler 

(program descnpllons shall address 

discharger or ilows from fire fighrmg 

only where such discharges or flows are 

idenhfied as significant 8ources of 

poliu(anls 10 waler8 of le Urnled 

Stales). 

(2) A descnphon of procedures lo 

conduct on-gomg field Jcreenrng 

actlvitles dunng Ihe life of Ihe perkI. 

indudmg areas or IocatJonr that will be 

evaluated by such field ecreells. 

(3) A descnptron of procedure8 to be 

followed to lnvestlgale portions of the 

reparate 8lorn1 newer system that. based 

on the results of Ihe held screen, or 

other appropnale mformabon. mbcale a 

reasonable polenbel of conlammg IIIICI~ 

dlechager or olher Jources of non-Jtoun 

water (such procedures may mciude 

ramphng procedures for constltuenls 

ruch as fecal cohfonn. fecal 

rtreptococcus. rurfectanls (MBAS). 

resldual chlorine. Cluondes and 

potaesnmk. tesbng with nuoromelnc 

dyes, or conductmg u1 slorm sewer 

mspechons where safely and other 

conslderatlons allow. Such descnphon 

ahall include the locallon of storm 

sewers that hebe been ldentlfied for 

such e%&luahon). 

(4) A descnphon of procedures to 

prevent conlam. and respond lo ep~lis 

Ihdf ma) discharge Inlo the munlclpal 

separate slorm sewer: 

(5) A description of a program to 

promok publicize. and faciii~atc public 

reporting of the prerence of iiiiclt 

dirchager or water quality impeclr 

aasoda!ed with diuhargea from 

municipal separate rtonn rawem 

(a A dercriptlon of eduuUonrrl 

acbvitle8. public informatIon activilres. 

gnd other appropriate activitier to 

fadiitale &a proper management and 

dl 

T 

nd of used OII and Ioxk maIerial8: 

an 

[fl A deruiption of oonIrol8 to limit 

MiltraUon ofsaepage ~NXI munidpal 

aanhy sewers lo muddpal wpamte 

rtorm rawer8yBlelM wbem lleanmry- 

(C) A dercripHon of a plosrun to ’ 

monitor and conbol pollulannlr in Jtorm 

water dkbargu Io muaidpal Jyrlem~ 

from munidpal landfill& kardou8 

warte Iream& di8 

r 

al and recovery 

facilitler. indurlrial ci!iUeJ that are 

rubject lo 8ectioa 913 of title RI of Ihe 

Superfwrd Amendmentr and 

ReauIhorizaUon Acl of 1QM (SARA). 

and hduatrial facilitier that the 

munidpal permit applicant determiner 

an contributing a JubalanUal pollulant 

loading lo Ibe municipal rtorm newer 

Jyrtem. The program Jhall: 

(I) Identify priorities and procedure8 

for mspeclions and eslabbshmg and 

implementrng control measures for 8uch 

dlschages; 

(2) Deecnbe a moniloring program for 

Jlorm water discharger arrociakd with 

Ihe industnal facihtles idenhfied in 

paragraph (d)[Z)(lv)(CJ of this section. to 

be implemented dunng the lena of the 

permit. including le Jubmierion of 

quanhlative dale on Ihe following 

constituents- any poilutan!~ limited In 

effluent guidelines rubcategories. where 

applicable: any polLtan bsted in an 

existing NPDES permit for a fadlily: 011 

and greare. COD, pH, BOIL. TBS. lotal 

phosphorus. total Kjeldahl nilrogen. 

nitrate plur nitnte nitrogen. and any 

InformaUon on lscbarges required 

under 40 CFR 122 21(g)(7) (III) and (IV) 

(D) A description of a program to 

implement and maintain JWIICW~ and 

non-JUuctural beat managemenl 

practicer IO reduce polluIanl8 in 8torm 

water runoff from construction rile8 to 

Ihe munlcipai Jlonn Jewer Jyrtem. 

which Jhaii include. 

(1) A description of procedures for 8lle 

planning wbch Incorporate 

consideration of po!enIial water quahly 

Impacts: 

(2) A deacriplion of requiremenlr for 

nonrkuclural and Jtruclurai beat 

management precbces; 

(3) A descnphon of procedures for 

idenhfying pnoriher for in@ecImg 8iIes 

and enhcing control measures which 

connder Ihe nature of fhe conrkuchon 

acIrviIy. topography. and Ihe 

cbaractenrIic8 of roil8 and receiving 

water quality. and 

(I) A deJcnpUon of appropriate 

educalionai and treming mea8ure8 for 

construction rile opemlon. 

(v) Ausersm~nt of canlnok EMmaled 

nducIlon8 in loadmgr of pollutant8 from 

diIchacge8 of municipal Jlorm Jewer 

conrliluentr from munlcipai Jtorm Jewer 

Jyrlemr expected as Be result of the 

municipal rlorm waler quality 

managemanr -am. The aueramenl 

rhali l lro idenlify known impact8 of 

rtorm water controir on ground waler. 

(ti) fiuwl analysis. For each &al 

year to be ooverad by tbs parmk a 

fiil l naiyJi8 of lbe nece88ary apital 

and operation and maintenance 

expenditurer neoerrary to accomplish 

the acUvitie8 of the unarm under 

paragraphs (d)(2) (ii) azd (iv) of thb 

reclron. Such analvria 8haU include a 

description of the iource of fund8 LhaI 

are proposed to meet the necessary 

expewhrea including legal mlriclionr 

on Ihe use of Juch funds. 

(vii) Where more Ihan one legal l nUIy 

rubmU an application. ~he applkalion 

rhall con\am a deJcripbon of rhe roles 

and responslblhher of each legal entity 

and procedures to ensure effective 

coordmalon. 

(nil) Where requirements under 

pawwh l4~lHlv)(El. l4l2llW. 

(d)(2)(m)(B) and (d)(2)(lv) of thus rectlon 

are not practicable or ar8 not applrcable. 

the Dueclor may exclude any operalor 

of a discharge from a municipal 8eparate 

storm sewer which is deJignaIed under 

paragraph (a)(l)(v). (b)(4)(u) or (b)(7)(11) 

of this rechon from Juch requiremenls. 

The Director shall nol exclude Ihe 

operator of a dlrcharge from a municlpai 

separate storm rewer ldenhfied In 

append\% F. G. H or I of parl122. from 

any of Be permit apphcahon 

requlremenls under this paragraph 

except where authorized under lhls 

8echon 

(e) Appltcaoon deadhnes Any 

operator of a point source required to 

oblam a perrru~ under paragraph (a)(l) 

of lhi8 Jection Ihal doe8 not have an 

effective NPDES permit covering its 

slorm waler outfall8 rhali Jubmll an 

apphcahon In accordance with the 

followmg deadimcs 

(I) For any elorm waler discharge 

associated wilh industrial acIlvily 

identified u1 paragraph (b)(l4) (I~+I) of 

this ~ecbon. Ihat IS not part of a group 

apphcatlon as described In paragraph 

(c)(2) of thn sechon or which II no1 

covered under a promulgated 8torm 

waler general permit. a permit 

apphcatron made pursuant to paragraph 

(c) of IJIIJ sectIon shall be rubmIlled lo 

the Dlreclor by November 18.1991. 
Podoral Register / Vol. SS, No. 222 1 Rlday, November 16 lee0 / Ruler and RegulatIona 

(2) For any gmup l pptication 

rubmilted in accordance with paragraph 

(c](2] of thir mcuon: 

(I) Part 1 of the application lhali be 

rubmitled to the Director. Office of 

Water Enforcement and permlu by 

Much ia mm: 

(ii) Bawd on information in the part 1 

l pplicattoh the Director wiu rppmvc or 

den 

h 

the member8 in the group 

l pp ution within 6~ dayr after 

receiving part 1 of the lpoup l ppIicaUon. 

(iii) Part 2 of the l pplicaUlXl rbrll be 

aubndltad to the Director. O&e of 

Water Enforcement and w(r no later 

than 12 montba rftcr thm dale of 

approval of the part 1 ap~licatkn. 

(iv) FacilMer that are mjectd l e 

membera of a group by the parmltlfne 

l utharity rhall bavs 12 montha to file an 

Lndividual permit l pplicaUon from the 

date they mceive notificalioa of their 

rejection 

Iv) A fadMy lrlted under paragraph 

(b)(lr) (I)+) of thin rection may add on 

to a group rpplical~on rubmitted in 

l ccordrnce wtth paragraph (r](2)(i) of 

thh rection at the dircretion of the 

Office of Water Enforcement and 

Permits. and only upon a rhowing of 

good UUIC by the facility and the group 

l pphcant, the request for the ad&ion of 

the facility 8hall be made no later than 

February l&1992: the addition of the 

faclllty chell not came the percentage of 

the facilllles the! are required to rubmit 

quantltabve data to be lerr than IO%, 

unIea8 Ihere am over 100 facllitie~ in the 

gruup that are rubmitt@ quantitahve 

data. approval to become part of group 

application must be obtained from the 

group or the trade a88ociaUon 

reprerrntt~ the IRLvldual facilitier. 

(31 For any discharge from a large 

munlclpal reparate rtonn 8cwer ry8tem: 

Ii) Parr 1 of the appllcatlon rhall be 

rubmilted to the Director by Novcm?er 

1a199l. 

(ii] Bared on information received in 

Be part I apphcation the Dmctor will 

approve or deny a rampling plan under 

paragraph (d)[l][iv)(E) of thir 8ecUon 

within 90 day8 after mctivlng the part I 

application. 

(III) Parl2 of the apphcation rhali be 

rubmitted to the Director by November 

18.1992 

(4) For any dlrchage from a mchum 

munlclpa~ reparale rtorm rewer ryrlem. 

(1) Part 1 of the appllcallon shall be 

aubmltted to the Dueclor by May 18. 

1092 

(II] Bared on informallon received 1~ 

the parl 1 application tie Director will 

approve or deny a ramphng plan under 

paragraph Id)(l)(tv)F) of thi8 8ecUon 

whn 90 day8 after receiving lhe parl 1 

rpplxation 

(III) Part 2 of the l pplicaUon #ball be 

rubmitted to the Director by May 17, 

1983. 

(a) A penntt l pplicaUon #hall& 

rubmitted to the Dlmctor within ~JO dayr 

of notice. uderr penuirrion for a later 

date ir granted by the Director (rue 10 

cm124az(c)~, for. 

(I) A 8tonn water dirchaqe which the 

Director, or In Slater with approved 

NPDES programe. either the Director or 

the EPA RegIonal Adminirfrator, 

determiner that the 

cmmtaltm to a vlo 

rtaadardoriraaIgnlficaat 

is!xlJtor of pollutam to waiem of the 

&J&Mad;:; b= P-mph (~XlXVl of 

[II) A rloA water dkhaqe subject to 

Paragraph [C)[l)[V) of thir rectioa 

[a) Facilitier with existing NPDES 

ptrmitm for atom waler diadwger 

l rrodated with indurtrid activity rha II 

malntain exir 

9 

panda. New 

applicationa rha be rubmilled in 

l ccordnnu with the raquirtmenb of 40 

CFR 12221 and 10 CFR 12228(c) 160 

dayr before the expiration of ruch 

ptmnits. FacUitier with expired ptrmitl 

or pemutm due to expire befom May 18. 

IQQZ 8hall rubmit appllcationr In 

accordance with the deadhne act forth 

under paragraph [c)(l) of this @ecUon. 

(fj Pebfions. [l) Any operator of a 

municipal reparale storm 8ewer ryrtem 

may petition the Dmxror to require a 

rtparate NPDES pennit (or a permll 

isrued under an approved NPDES Stale 

progmm) for any dirchargc into the 

municipal reparate rlorm sewer ryrlem. 

12) Any penon may pctitlon the 

Director to require I NPDES per&t for a 

dircharge which ir compo8ed entirely of 

storm waler which contibuttr to a 

vIolaboa of a water quality 8tandard or 

ir a rlgnificant contnbulor of potiulantr 

to water8 of the Unlted Staler. 

(3) Tbe owner or operator of a 

municipal repamle rlorm rewer ryrtem 

may peutlon the Duector IO mduce the 

Cen8u8 oUmate8 of the population 

rerved by 8uch reparaie 8yrtem to 

l c~MI for 8rorm water discharged to 

combined 8ewen 18 defined by 40 CFR 

35 ZOOS@)(II) that is trerted in a 

pubhdy owned treatment work8 In 

municipeliber In whuzb combined 

rewerr are operated, the Cenrus 

trhmaten of popnlatlon may be reduced 

proport~onai to lhe fraction, bared on 

trtimaled lengtha. of rha Ieng!b of 

combined 8ewem over the 111111 of the 

length of combined 8ewen and 

mumclpal reparate rtorm 8ewen where 

an rpphcanl bar rubml t led the NpDE!j 

permil number r8tociated with each 

dj8chage polnl and a map indxatfng 

area8 rerved by combined rewen and 

the location of any combined sewer 

overflow dhchagr point 

(4) Any penon may petItion the 

Director for the ds8ignaUon of a large or 

medium munidpal reparatt mm eewer 

ryrttm aa defined by paragraph8 

(b)(l)(iv) or (b](7)(iv) of thlr rectloh 

(5) The Dtrrctor ahall make a final 

dcterminrUon ou any petition recelvtd 

under tblr rection within 00 dryr after 

mcaiving the petiUoh 

a Section izLtb@)(2)(1) ie revised to 

mad u followr 

8tatewoE8pognmr, #‘- ----zE” 

. . l . . 

~~&kitg on indrvidualpenniL (i) 

The Director may raauAm any drschamer 

authorized by a ,neial p&it to rppiy 

for and obtain an individual NPDES 

permit Any lntererttd penon may 

patition the Director to take action 

under thir paragraph. Cam where mn 

individual NPDES pennit may be 

required include the follomag: 

(A) The dircbagcr or “treatmenl 

work8 treating domestic rcwage” ir not 

in compliance with the condition8 of the 

general NPDES permit. 

(S) A change ha8 occurmdinthe 

avaiiabibly of demonrtrated techno 

or practice8 for the control or abate 

of pollutant, apphcabit to the poinl 

mourct or treatment work8 treating 

domertlc rewage. 

(C) Effluent MtnUon guideline8 are 

promulgated for point 8ourcea covered 

by the general NPDES permll, 

(D] A Waler Quality Management 

plan containing requlmrnent~ applicable 

to ruch point 8ources la approved 

[E) Circumrtancer have chawd 8ince 

the time of the mquert to be covtmd ao 

that the dlrcherger I8 no longer 

l ppmpriately controlled under the 

general permll. or either e temporary or 

permanent mductlon or elimination of 

the authorized discharge ir ntcorary, 

[F) Standard8 for rewage rludge UIC 

or dlrporal have been promulgated for 

Ihe 8ludge use and dupo8al praclice 

covered by the general NPDES permit, 

or 

[GJ The dlrchrge(8) ir a rignificanl 

contnbutor of poiiutanl& ln making thir 

determination. the Dwector may 

con8ider lhe following facton: 

[I) The location of the drrcharge wtth 

mrpecl to water8 of the United Stater. 

[2) The rize of the dlrchagt: 

13) The quantity and nature of the 

pollutanlr dr8chaged lo water8 of the 

Unl led Staler. and 

(4) Other relevant factom. 

. . . . . 
Fadoral kgiater / Vol. 55, No. 222 / Fnday, November 16, 19%l / Rules and Regularims MO73 

- 

7. Section la42 lr l manded by 

l ddlnq paragraph (c) to mad aa follows. 

. . . . . 

(cl Municipd repanrfe rtorm sewer 

8jWcms. The operator of a lugs or 

medtum munidpal aeparate rtorm 8awer 

ryatem or 4 munfdpal acparate rtorm 

sewer ht baa been dealgnated by the 

Dhctor under I 122.28(a)(l)(v) of tbir 

part murt aubmtt an annual report by 

the l nnivenary of the date of the 

lrrudnce of the permit for ruch oyatem 

The report rhall mclude 

(I) The rlalus of implemenlmg the 

componentr of the Ilorm water 

management program that are 

crtabhshed aa pertnIt condttions. 

(2) hponed changer to the dorm 

waler management program8 that are 

eatabhrhed a~ permit con&on Such 

proporad change6 rbalf be corMrtent 

with 1 lf228(d)(2)(lii] of thlr part; and 

(3) Reviaiona, if neceraary. to tbe 

l arersment of controla and tbe Racal 

l nalyrll reported in tbs permtl 

l ppbcation under 0 122 26(d)(2)(w) awl 

(d)(t)(v) of thtr pert. 

(I) A mummery of data includmg 

momtonng data, thai II accumulated 

thmughout the nportmg year; 

(5) Annual expenditures and budget 

for year following each annual report: 

(6) A rummaty dercnbing tbe number 

and nature of enforcement actions. 

inspectiona, and public education 

prolplma: 

[I) Identtfkation of water quality 

improvementa or degradation: 

Ta. Pert 122 la amended by addtng 

appcndtcer E through I as followr: 

Append&c E lo Part l22-binfall Zoner - of tie Unitad States 

n I 

Not Shown Alah (Zone 7). Hswal~ (Zone 

7). Northern Manrna lrlrnda [Zone 7) Curm 

[Zone 7). Amcrlcm Samoa [Zone 7). Trurt 

Temtoy of Ihe PmAfic Mrndr (Zone 7) 

Puerto RICO (Zonr 3) Vlrgm blrnd~ (Zone 31 

sou!w Mclhodol~ for AnalyBl~ or 

Deterwon klnr for Control of Urban Runoff 

Qurllty prepared for lJ S Envwonmcntal 

ProtectJon Agency. Office of Water. Nonpomt 

Source Dwlwon Wsrhmgton DC 1888 

Appendix F to Part 1?2-lecorporatad 

Placer With Populationm Cmater Than 

250.000 Acurrdiug to later; Decennial 

Canrua by Bureau of Ceonur. 
Appendix C b Pul %-lncorporahd 

Placer Wilb Poprdabom Cnaler Tbsn 

IOO,OOO and ISM Baa tsQaoa Auxwtiii~ 

IO Latest Decadal Cavu, by Bureau d 

Gnsus 

. - 

am8 

lbUn.------~ 

- ---- 

Larrvv- ---- 

uuuchum----” 

--- - - 

w --- - 

umam I.. 

N&w&8- - 

uu8a8 - - --- 

N49Juwf - --- 

fwacorolrvona- -- - 

m--...- 

PmmyMfu - 

Rhoa8I5m8-~ 

samcM(nl~- . . 

18mm55nloa8 

CLppslldtc I lo Part -tiBs with 

Udnmfpomtd LkbBaizdd has 

Grader ‘Ibm lOtl,WO, But Leaa Than 

Bosw Accordiag to h SAtart 

Decw~aiol Gnrnr by abe kau of 

Gtnrrl 

- -_- .- 

sul8 

-.--- 

- -. 

Ezb-. -- 

lw.D:7 

111470 

107.474 

156.452 

117.231 

2lOBS3 

ll5lf9 

149.6U 

150 370 

147 CO? 

236292 

245 32s 

167 029 

rsd 388 

104 154 

IlO& 

100 742 

204r2r 

I 10.519 

224958 

I40.636 

142727 

201 m 

(41 loo 

roo.3u 

~~ 

a2a84 

152.5M 

HIla3a 

mm3 

fm.ff3 

Flwr -- 

PART 123-STATE PROORAM 

REOUIREMENTS 

8 The authonly c1!at1on for part 129 

conhnuea IO read as follows 
Fedsral Reglrler / Vol. ~5, No. 222 / Ffiday, November 16. 1890 / Rules end Regulalions 4807s 

Autlmdty: Clean Waler Act. 23 USC 1251 

II 8q. 

5. Sectlon 12225 ir amended by 

reviktg paragraph (r)(5) to read aa 

follows: 

512225 Requkementr~~ 

I:,’ ;I;;z26+storm water 

dlrchager]; 

. 1 . . . 

PART Itl--PROCEDUR& FOR 

DEClSlOIMAKINO 

10. The rutbotity cltatlon for part 124 

continuea IO read a~ followr: 

AMhaityt Resource Consenrallm and 

hcovety Act. 42 USC OKn 8I req.; Sek 

DrMtng Waler Act. 42 U S C 3aol8r rq, 

Clran Welrr ACI. 32 U S C 12til et IW; end 

Clean Air Act. 12 U SC Y857 e/ rq. 

Il. Scctlon 124.52 is revised to read as 

foilowr. 

f 124.52 PennHa requked on a case+ 

cm. baa& 

(a) Vanous aection8 of part 122. 

subpart B allow the Illrector to 

determine. on a ceme-by-care bark that 

certain concentretcd snimel feeding 

operattonr [I 12~~2). concentrated 

aquatic animel production fecthtter 

($122.21), mtotm water dlrcharges 

(I 1~28). end certain other faclbtler 

covered by general pennitr (4 122.22) 

thal do not generally require an 

lndtvldual permit may be required IO 

obtain an lndrviduel permit becaure of 

their contnbutlonr IO water pollution. 

(b) Whenever tbe Regional 

Admlniatrator decider that an individual 

pertnit 1m reqti under lhir rection, 

except aa provided in paragraph (c) of 

tbla aectlon, the Reglonal AdmlnlHrator 

rhall notify the diecharger &I writ@ of 

that de&ion and the rearonr for it, and 

rhall rend an appbcatton form with the 

notice. Tbe diecharger mumt apply for a 

permit under 0 122.21 within 60 day1 of 

notlce. unlerr permirrton for a later date 

Ir granted by the Regional 

Admimstrator. The questlon whether the 

deslgnatton was proper ~111 remam 

open for condderatlon durmg the pubhc 

comment penod under 4 124 11 or 

1 124 118 and m any subsequent heanng 

(c) Rior to a care-by-case 

determinatlon that an indlvtdual permil 

Ir required for a rtorm water dlschage 

under this section (see 10 CFR 1~~38 

(a)(l)(v) and (c)[l)(v)). the Reglonal 

Administrator may require the 

dirchager to submit a permit 

appltcalion or other lnformntion 

ngardmg the discharge under rectlon 

308 of the CWA. In requiring ruch 

informabon, the Regional Admlnlntratof 

rhall notify the diachager in writing and 

rhall rend an apphcabon form with the 

notlce. The dkharger mwt apply for a 

permlt under ! 1~28 within 110 dayr of 

notice, unlear pennirrlon for a later date 

Ir granted by the Regional 

Admlnlatrator. Ths qucrtion whether the 

Initial dertgnation was proper will 

remain open for conrtderatton during 

the pubtlc comment penod under 

4 1~ II or I 124.118 and in any 

rubrequent heanng 

Nolo- The followlng fom w-111 not appear in 

the Code of Federal Rcgulrtlonr 

mlLunawm~Iw 
APPENDIX C: 

ADEQUATE LEGAL 

AUTHORITY 
contrivance for the elimination or destruction of human waste, within those 

portions of the watershed of the city contiguous to the intake of the city’s water 

supply, as hereinafter described, or by placing any foul or putrescible substance, 

whether solid or liquid, and whether the same be buried or not, within the limits 

of the portion of the watershed so described. 

Sec. 49-6. Application for permit. 

(a) Any person who desires to use or develop any vegetated wetland and on and 

after January 1, 1983, any nonvegetated wetland, within this city, other than for 

those activities specified in section 49-3 above, shall first file an application for 

a permit with the wetlands board 

Sec. 49-22. Application for permit. 

(a) Any person who desires to use or alter any coastal primary sand dune within 

this city, other than for those activities specfied in section 49-20 above, shall 

first file an application for a permit with the wetlands board 

1.6 Authority to Meet Part 2 Permit Requirements 

The NPDES stormwater permit application regulations require an assessment of 

whether existing legal authority is sufficient to meet the criteria for Part 2 of the 

permit application provided in 40 CFR 122.26(d)(2)(i) as follows: 

40 CFR 122.26(d)(2)(i) 

A demonstration that the applicant can operate pursuant to legal authority 

established by statute, ordinance or series of contracts which authorizes or enables the 

applicant at a minimum to: 

(A) Control through ordinance, permit contract, order or similar means, the 

contribution of pollutants to the municipal storm sewer system by storm water 

discharges associated with industrial activity and the quality of storm water 

discharged from sites of industrial activity; 

(B) Prohibit through ordinance, order or similar means, illicit discharges to the 

municipal separate storm sewer; 
(C) Control through ordinance, order or similar means rhe ducharge to a 

municipal separate scotm sewer of spills, dumping or disposal of materials orher 

rhan s~onn water; 

(D) Control through inmagency agreements among coapplicants the 

con rnbution ojpollutanrs jkorn one ponion of the municipal system to anorhcr 

pomon of the municipal system; 

(E) Require compliance with codtions in ordinances, pemh, contm~~~ or 

order; and 

(F) Carry out all inspect&, sweilhnce and monitoting ptvcedures necessary 

to derermme compliance and noncompliance wrth permit conditions including 

the prohlbmon on illicit discharges to the municipal separate storm sewer. 

The Gty Code sections identified above are referenced in an assessment of the 

indrvldual Part 2 legal authority criteria. 

(A) Con& through ordinance, pamis comnxt, order or similar means, the 

conmb~nof~~t~ttK~sronnsmcrjyslanbystonnwata 

dirchargcsavociatcdwirh~a~Mdrhtquclliryofsconnwllrlcr 

dirchwgcd from s&s of i&&a! acriviry. Section 39. l- 19 of the Cn-y Code 

prohlblts the discharge of sanitary sewer flow to the storm sewer system. 

Section 39.2-5 of the City Code prohibits the discharge of any sewage from 

a private sewage disposal facility on any public or private property in the 

City. Section 4X.1-4 of the City Code prohibits poIIuta.nts to be discharged 

to the storm sewer system including the discharge of industria1 process water, 

wash water, or other unpermitted industrial discharges in Section 41.1-4(c). 

Section 41.1-5 of the City Code provides the City with authority to order the 

correction of drainage probkms on any site in the City. Sections 910,30-69, 

41-16, and 41-17 of the City Code prohibit pollution of waters of the City 

and Littering. Sections 42-20.1 and 42-20.2 of the City Code prohibit the 

obstruction of drains or drainage areas. Sections 4%24,42-25, and 42-46 of 

the Cq Code establish regulations for protecting the City from spills or 

deposits of hqurd wastes. Section 46-28 of the City Code prohibits pollution 

of rhe Cq’s water supply. 
For development or redevelopment of mdustrial sites, the C~ty’s Zonmg 

Ordinance establishes lot size, yard size, and maximum lot coverage 

requirements for industrial activity. Chapter 15 of the City Code establishes 

erosion and sedimentation control regulations If development or 

redevelopment of industrial sites occurs unthm a Chesapeake Bay 

Preservation Area, Section 494 of the C~ty’s Zoning Ordinance and Chapter 

32.2 of the City Code establish stringent criteria for stormwater management. 

protection of water quality, and use of Best Management Practices. Chapter 

49 of the City Code protects development within wetlands or coastal primary 

sand dunes by requiring a permit application with the wetlands board. 

Enforcement provisions and penalties for violations of the referenced 

sections of Ciry Code are also provided in specific chapters. Chapter 27 of 

the City Code provides additional authority for the abatement of nuisances. 

(B)Aohibir~o~~ordaorsimilar~iIlici~dirdrargcrrothc 

lllluLicigal scpumfe sconn SCWCK Section 39.1-19 of the City Code prohibits 

the discharge of sanitary sewer flow to the stem sewer system. Section 39.2. 

5 of the City Code prohibits the discharge of any sewage from a private 

sewage disposal facility on any public or private property in the City. Section 

41.1-4 of the Gty Code prohibits pollutants to be discharged to the storm 

sewer system. Section 41.1-5 of the Gty Code provides the City with 

authoricy to order the correction of dramage problems on any site in the 

City. Secttons 9-10, 30-69, 41-16, and 41-17 of the City Code prohibit 

pollution of waters of the City and tittering. Sections 42-20.1 and 42-20.2 of 

the City Code prohibit the obstruction of drains or drainage areas. Sections 

42-24,42-Z, and 42-46 of the City Code establish regulations for protecting 

the City from spills or deposits of liquid wastes. Section 46-28 of the City 

Code prohibits pollution of the City’s water supply. 

Enforcement provisions and penalues for volatlons of the referenced 

sections of City Code are also provided m specrfic chapters. Chapter 27 of 

the C~ry Code provides additional authonry for the abatement of nuisances. 
(C) COna through Odinancc, ordef or sim&r mearu the didurtge w a 

munkipdsepumte swnn srwcrof spi& dumping or diqxxal of mareMs other 

than storm water. Section 39.1-19 of the City Code prohibits the discharge 

ot’ sanitary sewer flow to the storm sewer system. Section 39.2-5 of the City 

Code prohibits the discharge of any sewage from a private sewage disposal 

faciliry on any public or private property in the City. Section 41.1-4 of the 

City Code prohibits pollutants to be discharged to the storm sewer system. 

Sections 9-10,30-69,41-16, and 41-17 of the City Code prohibit pollution of 

waters of the City and littering. Sections 42.24,42-25, and 424 of the City 

Code establish regulations for protecting the City from spills or doposits of 

liquid-wastes. Section 46-28 of the Cny Code prohrbits pollution of the City’s 

water supply. 

Enforcement provisions and penalttes for violations of the referenced 

sectrons of City Code are also provided tn specific chapters. Chapter 27 of 

the Crty Code provides additional authority for the abatement of nuisances. 

(0) Gmml thrvugh immgenq agreemen among c0appikan.B the 

corun3udonofpollrriantsfromonepotin ofrhcmwkipalJrstan Wan&m 

ponion of the mwricipol syscan The Cq of Norfolk owns the entire separate 

storm water system and is an mdtndual FJPDES permit applicant. 

The Cq of Norfolk relies on its In-Town Reservoir System as a vital pan of 

the water supply system. To protect water qualny within the In-Town 

Reservoir System, the City of Norfolk will seek an intermunicipal agreement 

with the City of Virginia Beach to control nonpoint source pollution for the 

areas of the In-Town Reservoir System bordering and located within the 

junsdiction of the City of Virginia Beach. After approval of Part 1 of the 

applxation by the EPA, the Cny of Norfolk will meet with the City of 

Vlrgmta Beach to discuss the development of an agreement before submittal 

of Pan 2 of the application on November 16, 1992. 

(E) Require comphnce with condirions in otdhnca, pemria, confnzct~ or 

ords. Enforcement provistons and penalucs for vlolattons of the referenced 

sections of Gty Code are provided rn spectfic chapters. Chapter 27 of the 

CI~) Codes provides addttlonal authorlry for the abatement of nutsances. 
(F) Cony out all bupection, s~~eii.bnce and nwniwting pmcedun?s necessary 

Co dccenninc Compliance and ~~ompliance wish pmnir condirbnr indudhg 

the p?Vhibirion on i&it dkha~e.3 w ihe mwicipd sepumrc slonn sewer. 

Chapter 41.1, entitled “Storm Water Management”, provides authority for the 

City’s Director of Pubhc Works to establrsh procedures and enforce 

regulattons pertaining 10 the storm water system m Sectton 41.1-3. Authori? 

to prohibit and inspect for illicit connecttons to the storm sewer system is 

provided to the Department of City Planning and Codes Administration in 

Section 39.1-19. Authority to enforce violations of private sewage disposal 

regulations is provided to the Department of Health in Section 39.2-l of the 

City Code. For development and red&elopment, the Department of Cry 

Planning and Codes Administration has authonty over erosion and sediment 

control plans, the site review process, and stormwater management 

regulations required for actiwty wxhln the Chesapeake Bay Presetvatron 

Area. Additional authority for enforcemenr of eroston and sediment control 

regulations and stormwater management is betng established for rhe 

Department of Public Works In an ordinance currently under review by the 

state. Authority to enforce regulauons and permits of the C~ty’s Tree 

Ordinance IS provided in Section 30-23 of the CI~ Code 

1.7 Legal Authority Overview 

Overall, the City of Norfolk has the exlsung legal aurhonty, or IS m the process 

of modlfymg etisting City Code with ordmances, to control discharges to the 

municipal storm sewer system and meet the legal aurhonty requirements of 40 CFR 

I22 26(d)(Z)(i).