Ohio environmental protection agency fact sheet

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OHIO ENVIRONMENTAL PROTECTION AGENCY

National Pollutant Discharge Elimination System (NPDES) Permit Program

FACT SHEET

Regarding a Municipal Separate Storm Sewer System (MS4) NPDES Permit for the City of Dayton

Public Notice No.: Public Notice Date: Comment Period Ends:

11-08-005 August 4, 2011 September 4, 2011

Ohio EPA Permit No.: Application No.:

1PI00003*DD OHO112828

INTRODUCTION

Development of a fact sheet is mandated by Title 40 of the Code of Federal Regulations, Section 124.8 and 124.56. This document fulfills the requirements established by those regulations by providing the information necessary to inform the public of actions by the Ohio Environmental Protection Agency, as well as the methods by which the public can participate in the process of finalizing those actions. This fact sheet is prepared in order to document the summary of the permit conditions, the monitoring requirements, and the regulatory basis that were considered in the development of these conditions. This fact sheet details the discretionary decision making process empowered to the Director by the Clean Water Act (CWA) and Ohio Water Pollution Control Law (ORC 6111).

The Ohio EPA permit number and public notice number should appear on each page of any submitted comments. All comments received no later than 30 days after the date of the Public Notice will be considered.

This Fact Sheet, Public Notice, draft permit, comments received and other associated documents are available for inspection and may be copied at the Ohio Environmental Protection Agency, DSW-Permits Processing Unit Section, 50 West Town Street, Columbus, Ohio 43215, any time between 8:00 a.m. and 5:00 p.m., Monday through Friday. Copies of the Public Notice are also available on the Ohio EPA Website at

APPLICANT

City of Dayton 320 West Monument Avenue Dayton, Ohio 45402

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DESCRIPTION OF THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

As authorized by Section 402 (p) of the CWA, this permit authorizes discharges on a system-wide basis. This permit is a renewal. This permit when finalized, will cover all areas within the corporate boundary of the City of Dayton contributing to discharges from the municipal separate storm sewer system.

RECEIVING WATERS

The MS4 discharges into the following surface waters and their tributaries within the corporate boundary of the City of Dayton:

a. Mad River b. Stillwater River c. Wolf Creek d. Great Miami River

DISCHARGES AUTHORIZED BY THIS PERMIT

This permit authorizes all existing or new storm water point source discharges to surface waters of the State from those portions of the MS4 owned or operated by the applicant.

Section 402(p)(3)(B)(ii) of the CWA requires an effective prohibition of non-storm water discharges to an MS4. Section 402 (p)(3)(B)(iii) requires controls or best management practices (BMPs) to reduce discharges of pollutants from the MS4 to the maximum extent practicable (MEP). However, Section 402(p)(3)(A) places a different performance compliance standard, with treatment technology and water quality requirements at CWA Section 301, on discharges of wastewater or storm water associated with industrial activity. Therefore, process wastewater, non-process wastewater, and storm water associated with industrial activity is not authorized by the MS4 permit. Such discharges would require a separate NPDES permit. The municipality is responsible for the quality of the combined discharge, so would have a vested interest in locating and correcting illicit discharges to their MS4.

PROCEDURES FOR THE FORMULATION OF FINAL DETERMINATIONS

The determination shall be issued as a final action unless the Director revises the draft permit after consideration of the record of a public meeting or written comments, or upon disapproval by the Administrator of the U.S. Environmental Protection Agency.

Within 30 days of the Public Notice, any person may request or petition for a public meeting for presentation of evidence, statements or opinions. The purpose of the public meeting is to obtain additional evidence. Statements concerning the issues raised by the party requesting the hearing are invited. Evidence may be presented by the

NPDES Permit No. 1PI00003*DD Page 3

applicant, the State, and/or other parties, and following the presentation of such evidence, other interested persons may present testimony of facts or statements of opinion.

Request for public meetings and/or written comments on the draft permit should be submitted in person or by mail no later than 30 days after the date of this Public Notice. Deliver or mail comments to:

Ohio Environmental Protection Agency Division of Surface Water Permit Processing Unit P.O. Box 1049 50 West Town Street

Columbus, Ohio 43216-1049

The NPDES permit number and Public Notice number should appear next to the above address on the envelope and on each page of any submitted comments. All comments received no later than 30 days after the date of Public Notice will be considered.

PERMIT CONDITIONS

a. Storm Water Management Program.

The applicant is required to implement a comprehensive storm water management program (SWMP) as required by the CWA Section 402 (p)(3)(B). SWMP components must include controls necessary to reduce the discharge of pollutants to and from the MS4 to the MEP. Controls implemented under the SWMP consist of a combination of BMPs, control techniques, system design and engineering methods, and such other provisions as the Permittee, U.S. EPA Administrator or the Director of Ohio EPA determines appropriate. The various components of the SWMP as a whole (rather than individually), are expected to be sufficient to meet this standard. The Permittee may implement SWMP elements in cooperative efforts through participation with other public agencies or private entities. The conditions in Part III.A though H of the permit were originally developed by considering the SWMP program proposed by the applicant in Part II of its MS4 application. The SWMP in Part III and all approved updates shall be implemented in a manner consistent with the objectives and requirements in Part II of the permit.

b. Reports Required

The Permittee is required to prepare an annual system-wide report which includes the following: a narrative summary of the program evaluation; status of implementing BMPs; proposed changes to the SWMP; revisions if necessary to the assessments of controls and fiscal analysis reported in the permit application; summary and analysis of all data generated; annual expenditures and budget; and a summary of

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enforcement actions, inspections, and public education programs. The annual report must be submitted by March 1st of each year. Copies of these reports will be available to the public.

c. Monitoring

Three types of monitoring are required:

1. Representative seasonal monitoring for outfalls to characterize the quality of storm water discharges from the MS4 and estimate seasonal pollutant load for each major outfall identified under 40 CFR 122.26 d(2)(ii) and 40 CFR 122.26 d(1)(iii)B(1).

2. In-stream biological monitoring or wet weather monitoring to characterize discharges from the MS4, identify sources of pollutants, assess effectiveness of BMPs, and identify water quality improvements or degradation.

3. Dry weather screening to locate illicit connections and non-storm water discharges - This is a continuation of the efforts started under the first generation of the permit and is intended to support the permit requirement to effectively prohibit non-storm water discharges to the MS4.

d. Public Education Program

The Permittee shall educate City residents on the impacts of storm water pollution; educate City residents on proper use, storage, and/or recycling of household hazardous materials; publicize a telephone number for public reporting of illicit connections/improper disposal to the MS4.

e. Public Involvement Program

The Permittee shall comply with State and local public notice requirements when implementing a public involvement/participating program.

f. Illicit Discharge program:

The Permittee shall prohibit non-storm water discharges to the MS4 with the exception of those identified in Part III.D.2 of the permit or those authorized by a different NPDES permit; establish dry-weather screening methodology for detecting the presence of illicit connections and discharges and advise the discharger to eliminate the illicit connection.

NPDES Permit No. 1PI00003*DD Page 5

g. Construction Program:

The Permittee shall develop, implement and enforce a program to reduce pollutants in any storm water runoff from construction activities that disturbs one or more acres, including disturbances less than one-acre that are part of a larger common plan of development or sale that in its entirety disturb greater than one or more acres. Offer entities education in measures for construction site runoff.

h. Post Construction Program

The Permittee shall develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb one or more acres, including projects that disturb less than one-acre if they are part of a larger common plan of development or sale. The program must ensure that controls are in place that would prevent or minimize water quality impacts.

i. Pollution Prevention/Good Housekeeping

The Permittee shall develop and implement an operation and maintenance program that includes a training component which has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. In particular, the SWMP must include training on park and open space maintenance, fleet and building maintenance, new construction and land disturbance, and storm sewer maintenance.

j. Industrial and Related Facilities Program

The Permittee shall develop an industrial inspection program one element of which will be rectifying them: and notifying Ohio EPA of those industries that have not obtained proper NPDES permits for discharges to the MS4.

BASIS FOR PERMIT CONDITIONS

The conditions established by this permit are based on Section 402(p)(3)(B) of the CWA (33 U.S.C. 1251 et seq., as modified by the Water Quality Act of 1987, P.L.100-4) which requires Ohio EPA to: a) effectively prohibit the discharge of non-storm water to the separate storm sewer system, and b) require the Permittee to reduce pollutants in discharges from the MS4 to the maximum extent practicable (MEP). As authorized by 40 CFR 122.44 (k), the Permittee will utilize BMPs in the form of a comprehensive SWMP as the mechanism to implement the statutory requirements. While Section 402 (p)(3)(B)(iii) of the CWA clearly includes structural controls as a component of MEP, Ohio EPA encourages municipalities to first explore opportunities for pollution prevention measures, reserving more costly structural controls for higher-priority watersheds or where source controls are unfeasible or ineffective.

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In Section 2(b) of the Pollution Prevention Act of 1990, Congress established a national policy that "pollution should be prevented or reduced at the source wherever feasible"; pollution that cannot be prevented should be recycled in an environmentally safe manner; pollution that cannot be prevented or recycled should be treated in an environmentally safe manner; and disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally safe manner."

As part of the renewal application process of 40 CFR 122.26 (d)(2)(iv), the applicant has to further develop a comprehensive SWMP designed to reduce, to the MEP, the discharge of pollutants from its MS4, and the permitting authority has to consider the proposed program for the development of permit conditions. Continuation of the SWMP is expected to result in protection of water quality standards, and the discharges from the Permittee's MS4 must meet the ambient water quality dictated by the State water quality standard narratives.

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