Agenda - Public Works Committee - 01/21/2003

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Practices (BMPs) that the permitting authority determines to be "cost- effective." The regulated small municipal separate storm sewer systems could choose to select from this menu or select other BMPs that they feel are appropriate. Under Phase II each regulated community will need to develop a set of BMPs under each of six specific program minimums. These BMPs can be any combination of programs, structures and other controls that, in the agreed opinion of the permit writer and the regulated community, meet the standard of reducing pollution discharge to waters of the state to the Maximum Extent Practicable (MEP). In this process, permittees and. permit writers would evaluate the proposed stormwater management controls to determine whether reduction of pollutants to the MEP could be achieved with the identified BMPs. EPA envisions that this evaluative process would consider such factors as condition of receiving waters, specific local concerns, and other aspects included in a comprehensive watershed plan. Under the proposed approach, implementation .of BMPs consistent with stormwater management program requirements at § 122.34 and permit provisions at § 1 22.33 would constitute compliance with the standard of "reducing pollutants to the maximum extent practicable." That is, "if you do what you say you will do, you are by definition in compliance." It is important to note that states implementing their own NPDES programs may develop more stringent requirements than those proposed in the Federal Register. In fact, we anticipate that many states will require more specific and rigorous requirements under special circumstances relating to the condition of the receiving water within, and downstream from, the community. For example, if a certain stream is required -to have a Total Maximum Daily Load (TMDL) or similar study performed on it (for example, a watershed assessment for the purposes of wastewater treatment plan permitting or expansion), the NPDES stormwater Phase II permit conditions may reflect the allocation of pollutants to that community. The steps for a community are: (1) review the conditions of the general permit, (2) develop and submit a Notice of Intent (NOI) to comply with the general NPDES permit through description of a BMP-based program under each of the six minimum controls or. program areas (see below), (3) negotiate this proposed program with the permit wr. iter, (4) receive approval of the submittal, and (5) begin implementation of the conditions and programs described in the NOI including record keeping and submittal of appropriate reports describing attainment' of "measurable goals" for each BMP as described in the NOI. Current NPDES Phase I! Program Cost Estimates There is naturally much speculation on the actual program elements and costs for a particular stormwater program developed under Phase II. There have been several attempts at estimating Phase II program costs based on current costs of "similar" programs. '30