Projects > Stormwater Phase II Program for Berwick, South Berwick, Eliot, and Kittery
What
is Stormwater Phase II?
In
response to the 1987 Amendments to the Clean Water Act (CWA), the US Environmental
Protection Agency (EPA) developed Phase I of the National Pollutant Discharge
Elimination System (NPDES) Storm Water Program in 1990. The Phase I program
addressed sources of storm water runoff that had the greatest potential
to negatively impact water quality. The Department of Environmental Conservation
(DEC) is responsible for administering the program in NYS as part of the
State Pollutant Discharge Elimination System (SPDES). Under Phase I, SPDES
permit coverage was required for storm water discharges from medium and
large municipal separate storm sewer systems (MS4s) located in incorporated
places or counties, eleven categories of industrial activity and construction
activity that disturbed five or more acres of land.
Today’s regulations (Phase II) expand the existing National Pollutant Discharge Elimination System (NPDES) storm water program (Phase I) to address storm water discharges from small municipal separate storm sewer systems (MS4s) (those serving less than 100,000 persons) and construction sites that disturb one to five acres. Although these sources are automatically designated by today’s rule, the rule allows for the exclusion of certain sources from the national program based on a demonstration of the lack of impact on water quality, as well as the inclusion of others based on a higher likelihood of localized adverse impact on water quality.
Today’s regulations also exclude from the NPDES program storm water discharges from industrial facilities that have ‘‘no exposure’’ of industrial activities or materials to storm water.
Finally, today’s rule extends from August 7, 2001 until March 10, 2003 the deadline by which certain industrial facilities owned by small MS4s must obtain coverage under an NPDES permit. This rule establishes a cost-effective, flexible approach for reducing environmental harm by storm water discharges from many point sources of storm water that are currently unregulated.
EPA believes that the implementation of the six minimum measures identified for small MS4s should significantly reduce pollutants in urban storm water compared to existing levels in a cost-effective manner. Similarly, EPA believes that implementation of Best Management Practices (BMP) controls at small construction sites will also result in a significant reduction in pollutant discharges and an improvement in surface water quality.
EPA believes this rule will result in monetized financial, recreational and health benefits, as well as benefits that EPA has been unable to monetize. Expected benefits include reduced scouring and erosion of streambeds, improved aesthetic quality of waters, reduced eutrophication of aquatic systems, benefit to wildlife and endangered and threatened species, tourism benefits, biodiversity benefits and reduced costs for siting reservoirs. In addition, the costs of industrial stormwater controls will decrease due to the exclusion of storm water discharges from facilities where there is ‘‘no exposure’’ of storm water to industrial activities and materials.
What
is required under a Phase II permit?
EPA regulation (40CFR 122.34) requires permittees at a minimum
to develop, implement, and enforce a stormwater program designed to reduce
the discharge of pollutants from the MS4 to the maximum extent practicable.
The stormwater management program must include these six minimum control
measures:
1. Public
education and outreach on stormwater impacts
2. Public involvement/participation
3. Illicit discharge detection and elimination
4. Construction site stormwater runoff control
5. Post-construction stormwater management in new development and redevelopment
6. Pollution prevention/good housekeeping for municipal operations
What
is Stormwater?
Stormwater is water from rain or melting snow that doesn't soak
into the ground but runs off into waterways. As it flows from rooftops,
over paved areas, bare soil, and through sloped lawns it picks up a variety
of materials including soil, animal waste, salt, pesticides, fertilizers,
oil and grease, debris and other potential pollutants. The quality and
quantity of runoff is affected by a variety of factors depending on the
season, local meteorology, geography and activities taking place along
the path of its flow.
Why
is Stormwater a Problem?
Stormwater gathers a variety of pollutants that are mobilized
during runoff events. Polluted runoff degrades our lakes, rivers, wetland
and other waterways . Transported soil clouds receiving waters and interferes
with fish habitat and aquatic plant life.
Nutrients such as phosphorus and nitrogen can be harmful to aquatic life by promoting the overgrowth of algae and depleting oxygen in the waterway. Toxic chemicals from automobiles, sediment from construction activities and careless application of pesticides, herbicides and fertilizers threaten the health of the receiving waterway and can kill fish and other aquatic life. Bacteria from animal wastes and illicit connections to sewer systems can make nearby lakes and bays unsafe for wading, swimming and the propagation of edible shellfish. According to an inventory conducted by the United States Environmental Protection Agency (EPA), half of the impaired waterways in the United States are affected by stormwater runoff from urban/suburban and construction sources.
What's
Being Done?
Significant improvements have been achieved in controlling pollutants
that are discharged from point sources such as sewage and wastewater treatment
plants. Across the nation, attention is shifting to non-point sources
of pollution such as stormwater runoff. Stormwater management, especially
in urban areas, is becoming a necessary step in the process of further
reducing water pollution despite the inherent challenges it brings.
Stormwater runoff cannot be treated using the same end-of-pipe controls appropriate for sewage and wastewater treatment plants. Pollutants in Stormwater runoff enter our waterways in numerous ways and the best point of control is usually at the pollutant's source. Significant water quality improvement can be made by employing best management practices, or "BMPs". Proper storage of chemicals, good housekeeping and just plain paying attention to what's happening during runoff events can lay the ground work for developing a relatively inexpensive stormwater pollution prevention program.
The EPA is
increasing their attention to stormwater pollution prevention in several
ways. A federal regulation, commonly known as Stormwater Phase II, requires
permits for stormwater discharges from Municipal Separate Storm Sewer
Systems (MS4s) in urbanized areas and for construction activities disturbing
one or more acres.
Stormwater
Phase II Annual Report for Permit Year 4 (June 3, 2006 - June 2, 2007)
This Annual Report addresses each of the areas as follows:
1) A
current copy of the Plan (including a detailed implementation schedule):The
Plan includes a summary describing activities, progress, and accomplishments
for each of the minimum control measures for each permit year
2) Status
of compliance with permit conditions: The status of compliance with the
General Permit is presented in the electronic Plan through the actions
completed towards the fulfillment of the BMPs for Permit Year 4
3) Assessment
of appropriateness of selected BMPs: The BMPs selected during initial
Plan development are still appropriate for Kittery except where identified
in the electronic Plan.
MS4
Watershed Survey Report
In May 2003, the Towns of Berwick, South Berwick, Eliot, and
Kittery, Maine became subject to the Maine Pollution Discharge Elimination
System (MEPDES) General Permit for the Discharge of Stormwater from Small
Municipal Separate Storm Sewer Systems (MS4 General Permit). The MS4 General
Permit required that each Town prepare a five year plan to protect stormwater
from becoming polluted. The five-year plan contains six minimum control
measures to protect stormwater. One of the measures discusses the need
for the regulated communities to participate in a public education program.
The general goal of this program is to inform the community of the potential
effects of stormwater pollution and ways to protect stormwater. This watershed
survey has been conducted to identify specific stormwater issues, allowing
future public education efforts to be focused towards issues that have
an impact on the region. The field survey was performed by Edwards and
Kelcey of Portland, Maine during May 9 - May 12, 2005. The results were
presented at the Southern Maine Regional Stormwater Phase II Meeting on
September 21, 2005. (View the full
report and the appendices.)
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