Part 4. Process for Developing a Stormwater Management Program

• Introduction
• Program Components
       Governmental Coordination
       Legal Authority and Comprehensive Planning
       Funding and Staffing
       Public Education and Participation
       BMP Selection
       Operation and Maintenance
• Stormwater Management Program Implementation
       Self Analysis
       Action Plan

Introduction

Most traditional approaches to stormwater management focus on efficiently collecting and conveying stormwater off-site. Such an approach may increase downstream property damage and necessitates expensive public works, such as enlarging and reinforcing channels or swales to provide an adequate outfall from the site and/or downstream channel stabilization projects. More recent approaches to stormwater management seek to retain natural features of drainage systems by providing on-site stormwater quantity reduction that also improves stormwater quality. This approach views stormwater as a resource that can be used to

• Recharge groundwater from areas of sites that are made impervious;
• Supply fresh water to surface water bodies both directly and as an enhancement to base flow;
• Increase recreational opportunities including hunting, swimming, fishing, and boating; and
• In some cases, augment drinking water supplies.

The objective of the Phase II program is for Phase II municipalities to develop effective, site-specific stormwater management programs that reduce the discharge of pollutants from MS4s to the MEP. EPA has chosen this flexible regulatory approach because the nature of discharges from MS4s varies from region to region. You, as the operator of a small MS4, should consider incorporating the following elements into your stormwater management program:

• Governmental coordination;
• Legal authority and comprehensive planning;
• Funding and staffing;
• Public education and participation; and
• BMP selection.

Intragovernmental coordination of the municipal agencies and departments having purview over stormwater-related issues is fundamental to a successful stormwater management program. You should consider designating a "lead agency" within your municipality to facilitate the coordination of the various stormwater pollution control activities. Intergovernmental coordination is also important, especially when a number of small MS4s are partnering together to implement the minimum measures.

Municipalities can use the legal authority of new and existing programs and ordinances, zoning rules, and the site plan review process to ensure that water quality concerns are addressed in new development and redevelopment. Municipalities should consider developing a comprehensive plan that incorporates both location-specific and watershed-wide goals. Also, both long- and short-term planning should be conducted to prevent or mitigate the impacts of cumulative loadings throughout the watershed. Assessing the impacts of cumulative loadings using indicators, trend data, and other means is an essential part of this process.

Many jurisdictions have ongoing programs and activities that are related, to some degree, to stormwater quality. Existing programs, state and local codes, and local ordinances should be reviewed to determine if requirements should be revised or strengthened. When no program or ordinance exists to address a specific stormwater issue, one should be developed. Examples include programs that address flooding, combined sewer overflows, infiltration and inflow (a contributor to sanitary sewer overflows), and erosion and sediment control. You should consider how these programs could be linked, expanded, or otherwise augmented to achieve additional stormwater quality enhancement and other measurable environmental benefits.

It is important to integrate stormwater management program elements with your community's land development process, including redevelopment. Therefore, you should have a working knowledge of the role that the site plan review and land use planning processed play in your municipality.

The site plan review process is typically the final stage of municipal review that occurs before development takes place. Water-related codes and ordinances, such as erosion and sediment controls, stormwater management, and prevention and removal of illicit connections, should be implemented through the site planning process and verified through the review process. Site plan review is often the only regulatory process of this type that a land developer must go through if the land use is compatible with the zoning for that land (or if there is no zoning).

In contrast, planning has generally evolved over the past 50 years, and in many cases far more recently than that. Where the planned land use (e.g., planned zoning category) is different than the existing zoning, a land developer may desire to have the zoning category changed to the planned category. This process is referred to as rezoning and can be one of the most important decision-making functions of local government officials. It is also the process by which some municipalities have required public facility improvements and other infrastructure improvements from land developers through the development process. Stormwater controls may be implemented by developers wishing to rezone (and develop) property.

Regulated small Phase II MS4s will vary greatly in their stages of land use planning because of different state laws and regional requirements. If you have recently updated your land use plan, there is a good chance that water quality issues will have been incorporated into the process. In other instances, there may be no mention of a policy (or more specific criteria) to include water quality in guiding land use decisions. Still other municipalities may not even have comprehensive land use planning. You should consider incorporation of policies regarding stormwater quality your land use (planning and zoning) process by developing or strengthening ordinances. In summary, you should rely on existing land development requirements, consider strengthening or developing new stormwater codes and ordinances, and use the site plan review process to ensure that appropriate stormwater codes and ordinances are implemented.

The development and implementation of an effective stormwater management program ultimately depends on adequate resources being made available for personnel and equipment. Therefore, your program should identify the resources that your municipality is committing to implement each program component. You should clearly establish program position descriptions and funding sources for administrative and field personnel to implement the program. You should try to identify the projected funding needs and sources accurately to allow the longest possible lead time for arranging program financing. You should also provide a schedule indicating changes in staffing and equipment if you propose phased implementation.

You should be sure to provide adequate public education and ample opportunities for public participation in all aspects of your program. The goals of the education and public involvement program must be defined under the proposed stormwater management program. Generally, the public should be involved as early as possible when considering major technical and policy issues of the development and implementation phases of the management program. Program element milestones should be included for public participation, particularly in the program development phase. In some cases the public involvement may simply be to receive information. Public participation can also be used to focus on education and awareness of major technical and policy issues in the implementation phase.

If time is available, conflict and confusion can often be minimized if the public involvement and education program includes a schedule for initial public contact and education and milestones for involvement throughout the development and implementation phase. Public education programs are expected to target specific audiences, including those regulated or affected by the program, such as developers, building contractors, and industrial operators, and those that can assist with program implementation (e.g., volunteers and citizens).

You should propose a municipal stormwater management program that address activities and schedules for implementation of each of the 6 minimum measures identified in the regulations. Your emphasis should be on program components that reflect site-specific characteristics of the municipality (e.g., population density, land use and age of communities, soil type, and topography), the municipal storm sewer system, and the receiving waters. Implementation priorities can be set to target the sources of specific pollution problems from certain land uses or target the problems resulting from the land use activities of a specific geographic area.

It is important that you identify schedule for implementing various program components as part of the program itself so that expectations about the impact that the management program will be realistic. Continued support for any program will depend on meeting scheduled milestones and attaining results. Questions that should be considered when developing priorities include:

• What are the pollutant loadings from the source(s) that the program component addresses and could the program component reduce the pollutants in the discharges?
• Can existing municipal functions be modified to address water quality concerns and are municipal lands or rights-of-way available for retrofits?
• What is the current population of the municipality, and what is known about development patterns, projected growth rates, and demographics?
• What are the physical characteristics of the watershed and receiving waters?
• What are the climatic conditions, soil types, and watershed delineation criteria?
• Are the pollutants reduced to the MEP?
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Structural controls include infiltration devices, detention and retention basins, vegetated swales, water quality inlets, screens and filters, channel stabilization, riparian habitat enhancement efforts, and wetland restoration projects. You should be aware that CWA Section 404 permits might be required for certain types of structural controls (i.e., projects that discharge dredged or fill materials to waters of the United States, including wetlands). Also, some projects might require State permits that address water quality and quantity issues.

You should conduct an evaluation of major existing structural controls and municipally owned sites and rights-of-way where new controls can be installed. An inventory will allow you to develop a better picture of the capacity to reduce pollutants to the MEP of current and potential stormwater quality and quantity controls and will facilitate both long- and short-term stormwater master planning.

EPA recommends that you also follow a set of pre-established priorities for selecting, siting, and installing structural controls and implementing source control measures during the development process. EPA and the Center for Watershed Protection provided guidance in the form of a “Manual Builder” for this purpose. This tool is available on the Stormwater Manager’s Resource Center . The process should begin at the initial planning and zoning stages and continue throughout the development and redevelopment processes.

• First flush diversion systems;
• Detention/infiltration basins;
• Retention basins;
• Extended detention basins;
• Infiltration trenches;
• Porous pavement;
• Grass swales; and
• Swirl concentrators.

The following nonstructural practices should be considered when land is limited or unavailable:

• Erosion control;
• Stream bank management techniques;
• Street cleaning operations;
• Vegetation/lawn maintenance controls;
• Debris removal;
• Road salt application management; and
• Public outreach, education, and awareness.

Proper maintenance plays a vital role in ensuring the proper operation of both structural and source controls. For example, reducing the frequency of inspections and cleanout of a structure may initially reduce program costs, but the effectiveness of the BMP can be diminished, which creates the need for additional controls and results in a deterioration in water quality, which has a cost associated with it. In addition, the perception that a given stormwater control BMP does not work (even though the reason is lack of maintenance) can be very damaging to a fledgling program as it seeks to establish its support base.

The section of your stormwater management program that describes your management practices should include a description of the maintenance activities and a maintenance schedule for structural controls.

In some cases, regularly scheduled maintenance might not be appropriate; rather, periodic inspections can be used to determine when maintenance is needed. If maintenance is to be based on the results of inspections or if maintenance is scheduled infrequently, you should provide an inspection schedule and identify the municipal department(s) responsible for the maintenance program. Because maintenance issues are critical to successful program implementation, measurable goals for maintenance should be considered throughout the term of the permit.

The following information was taken, in part, from Stormwater Phase II Workshops sponsored by the American Public Works Association (APWA) in 2001 and from APWA's manual Designing and Implementing an Effective Stormwater Management Program (AWPA, 2000).

This guidance is intended to assist Phase II cities with understanding, organizing, and developing their stormwater management program in compliance with the Phase II requirements. Two major steps are necessary: a self analysis to help the Phase II city collect information and assess information, and an action plan to form goals and set a schedule for development of a Phase II stormwater management plan.

You should conduct a comprehensive self analysis to help you gain a better understanding of your current situation with respect to complying with the Stormwater Phase II Rule. The self analysis should consist, at a minimum, of the following components:

1. Understand the stormwater regulations and your stormwater responsibilities. EPA has developed a series of fact sheets to help explain the Phase II Rule, as well as the Compliance Assistance Guide [PDF - 1,430 KB - 97 pp] and the Menu of BMPs. First you should obtain a copy of the Phase II Rule and your state's Phase II permits when they become available. Before you undertake the process to develop a Phase II program, you should have a clear understanding of what you're required to do. Begin by asking yourself the following questions:
   
   
   • Am I in an urbanized area as designated by the 1990 Census?
   • Could I be included in an urbanized area as designated by the 2000 Census (final information to be released in Spring/Summer 2002).
   • If I'm not in an urbanized area, is my population greater than 10,000 people (potential designation by the permitting authority)?
   • Does my city government own or operate a facility with industrial activity as defined by EPA's stormwater regulations (e.g., wastewater treatment plants, vehicle maintenance facilities, etc.)?
   • Does my city government own or operate construction activity that disturbs greater than one acre?
   • Do I understand what the stormwater regulations require (the development of a stormwater management program that includes the six minimum measures and measurable goals)?
   • Do I understand the deadlines and when I am required to submit a permit application?
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2. Understand how your city currently manages its stormwater runoff. Make an assessment of your city's stormwater management and conveyance system. Get copies of maps, inventories, or other assessments of the physical infrastructure in place. Begin by asking yourself the following questions:
   
   
   • Do you have an inventory of stormwater inlets, pipes, ditches, and open channels?
   • Do you know how many outfalls your city discharges to and where they are located?
   • Do you know if someone else is discharging stormwater into your system?
   • Do you know the major pollutant sources in your city (industrial, commercial, residential)?
   • What types of flood control or water quality practices are currently in place in your city?
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3. Know the condition of your receiving waters. Stormwater programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven’t done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Begin by asking yourself the following questions:
   
   
   • Do you know the names and locations of the waters that receive a discharge from your MS4?
   • Do you know the character and quality of these waters?
   • Are any of these waters listed as impaired on your State's 303(d) list?
   • What are the pollutants impacting these waters?
   • Do you know the designated uses of these waters?
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4. Assess your current programs and practices to determine what needs to be changed. The Phase II program provides an opportunity to identify and change programs and practices that are or could be impacting water quality. Begin by asking yourself the following questions:
   
   
   • What are your current practices that contribute to water quality problems?
   • What are your current practices that will help meet NPDES stormwater requirements?
     • Do you have an existing educational program on water quality?
     • Do you have an erosion and sediment control program established?
     • Do you have procedures to address illegal dumping and spills?
   • What legal authority do you already have and legal authority will you need to develop?
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5. Identify stakeholders who can help you develop and implement your stormwater program. These can include people who are impacted by city ordinances, concerned citizens, and groups who would be expected to pay for stormwater management (as part of a stormwater utility, for example). Begin by asking yourself the following questions:
   • Are there other Phase II communities in your area willing to cooperate with you?
   • Is there a Phase I city in your area with which you can work?
   • Are there groups or associations, such as environmental, industry, or community associations, that can help you?

6. Determine the overall objectives for your stormwater program. These objectives could include improving water quality, decreasing flooding, increasing citizen awareness and cooperation, and increasing funding. You should develop an objective for each of the six minimum control measures to help guide you in selecting and targeting BMPs and measurable goals. Your stormwater management plan should be designed with these goals in mind.

Your next step will be to develop an action plan to help you determine what to do and when. An action plan is a tool to help guide you as you develop your stormwater management program, and is not required under the EPA regulations. The first step in developing an action plan is to complete the self analysis previously described.

1. Assemble your team. This will include stakeholders and city departments that may have a role in stormwater management.
   
   
2. Develop a time schedule. This would ideally identify the date your permit application is due, probably March 10, 2003, and work backwards from there. You should set interim milestones to assess your progress. Key dates could be included for public comment and review, local authority approval, stakeholder meetings, and acquiring funding. Your time schedule should also accommodate a stormwater management program plan approval process. Your stormwater management plan will probably need to be approved by local authorities, regulatory authorities, and stakeholders.
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3. Determine your strategy for compliance. What does a good program look like? Try to determine what type of program your city managers want and what type of program you can realistically develop. Begin by asking yourself the following questions:
   
   
   • What benefits do you want to achieve?
   • What is your tolerance for risk? The Phase II program includes a lot of flexibility, but inherent in that flexibility is uncertainty. You will need to balance your tolerance for risk in developing a stormwater management plan.
   • What is the best program approach for you? For example, you can develop a minimal program that meet legal requirements, an aggressive proactive program, a "the best we can afford program," or a "the best that the city council will approve" program.
   • What is realistically achievable? You should determine your financial resources and limitations by asking the following questions:
     • What is realistic given your current program and legal constraints?
     • What is realistic in terms of your receiving water quality?
   • What goals should I set? Setting clear goals for your stormwater program will help you set clear measurable goals and document your program's success to regulators and the public.
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4. Network with other local governments. Talk to other cities in your area to find out what they're doing. Consider establishing regular meetings with these cities to share information, and, if your goals are compatible, consider partnering with some of these cities to share resources or join as co-permittees. If there is a Phase I community nearby, investigate what they've been doing and consider working with some of their ideas and using materials they have already developed.
   
   
5. Determine the main elements of your program. Using the information from your self-analysis and the items above, start to formulate the major elements of your program. Identify how you will address each of the six minimum control measures. First, identify the BMPs and measurable goals that will be used to implement the six minimum measures. Second, identify practices that will require on-going operation and maintenance. Finally, plan for developing and maintaining public support through education and outreach.
   
   
6. Establish an implementation plan. This plan will describe how would will develop your Phase II stormwater management program, including public participation components. The following are factors you should consider when implementing your stormwater management program:
   
   
   • Determine program funding and staff requirements. Assess whether you will do the work in-house or contract it out.
   • Develop your institutional framework. Identify a lead city department or agency. Develop MOUs, if necessary, and consider designating or establishing a regional group, such as a council of governments, to help coordinate activities.
   • Identify your permitting approach. Will you choose a general permit or an individual permit? Will you join as a co-permittee with another city?
   • Assign an individual or group to be responsible for submitting the permit application, developing annual reports, etc.

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Last updated on October 30, 2007 11:20 AM
URL:http://cfpub1.epa.gov/npdes/stormwater/measurablegoals/part4.cfm