1. NPDES MS4
GET READY FOR THE NEXT
ROUND
Presented by: Thomas P. Wilson, PE, CFM

2. AGENDA
1. Background / Why This Is Important
2. Six Minimum Control Measures (MCM’s)
3. New Permit Conditions:
a) Chesapeake Bay Pollutant Reduction Plans
b) Total Maximum Daily Load (TMDL) Plans
c) Impaired Waters
4. Barry Newman’s Top Ten FAQ’s

3. BACKGROUND
• The 1987 amendments to the Clean Water Act
mandated EPA to develop a tiered implementation
strategy for the NPDES Storm Water Program.
• Phase I of the program was implemented in 1990 and
it regulated Medium and Large Municipal Separate
Storm Sewer Systems (MS4s).
• Medium MS4: An incorporated place with a
population between 100,000 and 250,000.
(Allentown and Erie)
• Large MS4: An incorporated place with a
population greater than 250,000. (Philadelphia and
Pittsburgh)

4. BACKGROUND
• Phase II was published as a final rule in December
1999, and it expanded permit requirements to small
MS4s in Urbanized Areas (UAs).
• This rule required states to have MS4 permits in
place by March 10, 2003. PA issued its Small MS4
General Permit (PAG-13) on March 8, 2003, and it
expired at midnight on March 9, 2008.
• The permit was extended 6 times until it was
announced in the September 17, 2011 PA Bulletin
that a revised PAG-13 was issued. [41 Pa.B. 5042]

5. WHAT’S NEXT?
• Municipalities must submit a Notice Of Intent (NOI)
by September 14, 2012.
• The new permit effective date is March 16, 2013.

6. WHAT MUST BE DONE?
• Six Minimum Control Measures:
1. Public Education & Outreach
2. Public Involvement/Participation
3. Illicit Discharge Detection and Elimination (IDDE)
4. Construction Site Storm Water Runoff Control
5. Post-Construction Storm Water Management in New
and Re-Development Activities
6. Pollution Prevention and Good Housekeeping for
Municipal Operations
• New Requirements

7. MCM #1
Public Education & Outreach
1. Develop and Maintain a Public Education and Outreach
Program (PEOP).
2. Maintain a list of target audiences like schools, residents,
businesses, employers, etc.
3. Publish at least one educational flyer, newsletter,
pamphlet, etc. annually.
4. Distribute Storm Water Management educational
materials to target audiences using a variety of methods.

8. MCM #1
Public Education & Outreach
Examples of outreach materials:
Images from the US EPA

9. MCM #2
Public Involvement/Participation
1. Develop a written Public Involvement and
Participation Plan. (PIPP)
2. Provide adequate public notice and opportunities for
input prior to ordinance adoption.
3. Regularly solicit public involvement from target
audiences.
a) Conduct at least one public meeting per year.
b) Document and report activities of public
participation.

10. MCM #2
Public Involvement/Participation
Images from the US EPA

11. MCM #3
Illicit Discharge Detection and Elimination (IDDE)
1. Develop and Implement a written program:
a) Must include dry weather field screening of outfalls.
2. Develop and maintain a map, including all outfalls and
surface waters:
a) Show entire storm sewer system, including roads,
inlets, piping, swales, watershed boundaries, etc.
Wash water from a
commercial car
wash discharging
down a storm drain
is an example of an
illicit discharge.
Image from the US EPA

12. MCM #3
Illicit Discharge Detection and Elimination (IDDE)
3. Prioritize, conduct, and record outfall screening.
a) Must screen outfalls annually.
b) If dry weather flow found:
i. Check color, turbidity, solids, odor, and
adverse impacts in proximity; if positive
collect samples.
4. Enact a SWM ordinance from Act 167 (2005 or
later), DEP’s model ordinance, or one that satisfies
all EPA requirements.

13. MCM #3
Illicit Discharge Detection and Elimination (IDDE)
5. Annually provide educational
outreach to stakeholders.
6. Setup a Storm Water reporting
mechanism. (phone and/or internet)
7. Respond to and document
complaints.
Image from the US EPA

14. MCM #4
Construction Site Storm Water
Runoff Control
1. Develop and implement a program for permitting,
inspecting, and enforcing the installation of E&S
controls.
Poorly maintained
BMPs can result in
significant quantities
of sediment being
discharged to storm
drains.
Image from the US EPA

15. MCM #4
Construction Site Storm Water
Runoff Control
2. Enact, implement, and enforce an ordinance for the
installation of E&S controls.
3. Develop and implement requirements for controlling
waste at construction sites.
4. Develop and implement procedures for receipt of
public inquiries.

16. MCM #5
Post-Construction SWM in New
and Re-Development Activities
1. Develop a written procedure for implementation.
a) Refer to PA Storm Water BMP Manual for
guidance.
2. Require the implementation of BMPs designed to
meet pre-development conditions.

17. MCM #5
Post-Construction SWM in New
and Re-Development Activities
3. Ensure controls are
installed to minimize water
quality impacts.
4. Enact, implement, and
enforce an ordinance.
Image from the US EPA

18. MCM #5
Post-Construction SWM in New
and Re-Development Activities
5. Develop and implement
measures to encourage LID
in new and redevelopment.
6. Ensure adequate O&M of all
PCSM BMPs.
Image from the US EPA

19. MCM #6
Pollution Prevention and Good
Housekeeping for Municipal Operations
1. Identify and document all
activities and facilities with
potential impact.
2. Develop, implement, and
maintain an O&M program
for facilities.
Image from the US EPA

20. MCM #6
Pollution Prevention and Good
Housekeeping for Municipal Operations
3. Develop and implement an employee training program.
Image from the US EPA

21. New Permit Conditions
1. Chesapeake Bay Pollutant Reduction Plan
2. Total Maximum Daily Load (TMDL) Plans
3. Impaired Water Requirements

22. New Permit Conditions
1. Chesapeake Bay Pollutant Reduction Plan
a. Due within 12 months of approval of coverage.
b. A plan, including schedule, to implement BMPs
to reduce N, P, and sediment.
c. Certification by a Professional Engineer (P.E.)

23. New Permit Conditions
2. Total Maximum Daily Load (TMDL) Plan
a. If the MS4 discharges to water with an approved waste
load allocation (WLA) in a TMDL, the applicant must
implement an MS4 TMDL Plan.
b. This plan must be designed to achieve pollutant reduction
in the TMDL and include:
i. TMDL Strategy: Narrative of Pollution Control
Measures (PCMs) and BMPs that will be implemented,
analyzed, and reported on to show measurable
progress.
ii. TMDL Design Details.
iii. Strategy must be submitted with the NOI and approved
by DEP.
iv. Certification by a Professional Engineer (P.E.)

24. New Permit Conditions
3. Impaired Waters
a. If discharge is to an Impaired Water, but not an
approved TMDL, permitees must ensure “New
Discharges” do not contribute to exceeding water
quality standards.

25. To learn more about the MS4 process
and how K&W can help your
municipality, please contact us:
(717) 635-2835
www.kandwengineers.com
LinkedIn: K&W Engineers and Consultants
Twitter: @KWengineers