MS4 TMDL Issues/Implementation - Louisiana Urban Stormwater

Storm Water/ General
Permits Update
LUSC Annual Meeting
October 1, 2014
Kimberly Corts
Water Permits Division - LDEQ
What’s New?
 Water Permits Division Structure
 Master General Permits Reissued/Pending
 Construction Effluent Limit Guidelines (ELGs)
 Ongoing TMDL Issues/Implementation
WPD -Current Org Structure
(Scott Guilliams)
General and
Industrial Permits
Municipal, Biosolids
and Water Quality
Major and Minor
Major and Minor
Municipals, Biosolids
and Pretreatment
General Permits,
Major MS4s, and
Water Quality and
Date Evaluation
and Assessment
Master Generals Reissued
Class IV Sanitary General Permit (LAG570000) – Effective
Exterior Vehicle Wash General Permit (LAG750000) – Effective
Cement, Concrete and Asphalt General Permit (LAG110000) –
Effective 4/4/2014
Automotive Repair/Auto Dealerships (LAG470000) – Effective
Large Construction General Permit (LAR100000) – Effective
Master Generals Pending
O&G Territorial Seas General Permit (LAG260000) – Under EPA
Discharges from Sand & Gravel Mining Operations (LAG490000) –
Under EPQ Review
Discharges from Dewatering Petroleum Tanks, Beds & Excavations
(LAG300000) – Under EPA Review
Discharges from Potable Water Treatment Facilities (LAG380000) –
Under EPA Review
Class III Sanitary General Permit (LAG560000) – Final permit is
MS4 Relationship to Master Generals
11, 000+ Facilities and CSW Projects covered under LPDES Master
General Permits
Illicit Discharge Detection and Elimination (IDDE):
Construction and Post-Construction Storm Water Management
Major component of MS4 SWMPs!
Permitted MS4s are partially responsible for ensuring facilities and
projects within their jurisdiction have obtained the appropriate
LPDES permits and are discharging in compliance with those
Water Permitting Hierarchy
Clean Water Act/40 CFR (Federal Regulations); NPDES; Oversees State Programs
Delegated to implement NPDES program (LPDES); Must comply with NPDES regulations
Permitted through the LPDES Program;
Develops and enforces local ordinances; Ensures compliance with LPDES requirements
Challenges for Permit Renewals
EPA’s Pending eReporting Rule
o Language requiring e-NOI use and netDMR use has been
added to all permits upon reissuance (once these tools are
o Minimum data elements (MDEs) for thousands of facilities
covered under general permits must be entered/updated
prior to being reauthorized
Revision of Storm Water ELGs (March 2014):
o More detailed and stringent reviews by EPA
o Addressing TMDLs in storm water
LAG75 (Exterior Vehicle Wash)
 Non-compliant discharges often issues for MS4s
 Requires the use of low-surfactant and low phosphate
 Now covers portable pressure washing operations for
buildings, parking lots, etc.
LAR100000 – Large Construction GP
Activities disturbing 5 acres or greater OR smaller areas
that are part of a larger common plan (e.g. subdivisions,
airports, retail developments) MUST obtain coverage
under the permit by submitting a complete and correct
Notice of Intent (NOI).
The new permit is effective TODAY!
LAR100000 – Large Construction GP
As part of the construction storm water construction management
component of an MS4s SWMP, municipalities should at a minimum
ensure all qualifying construction projects in their jurisdiction obtain
and comply with this permit.
MS4s should:
 Require a copy of the NOI prior to issuing a building permit
 Review the SWPPP
 Ensure operators are complying with the permit during inspections
 Utilize LDEQ’s inspection forms, SWPPP templates
 Have LDEQ’s Small Business Assistance information handy!
LAR100000 Changes
Incorporates new ELGs, which includes a requirement for buffer
zones for projects adjacent to a water of the state
No minimum for unimpaired waters, but a buffer zone must
be present (recommend 30 ft.)
50 ft minimum for impaired waters and ONRWs
Buffer zones are required unless infeasible due to urban site
constraints, construction of water features, etc.
Alternatives to buffer zones should be utilized to protect the
receiving stream
LAR100000 Changes
Prohibited non-storm water discharges:
Washout from stucco, paint, oils, curing, or other
Soaps or solvents used in vehicle and equipment
Specific prohibitions on non-storm water discharges
without a control:
Concrete washout
Utilize outlet structures that draw water from the surface
of impoundments
LAR100000 Changes
 More specific stabilization and erosion control
o Stabilization shall be initiated immediately where earth
disturbing activities have permanently ceased
o Use of temporary vegetative and non-vegetative
stabilization when temporarily ceased > 14 days
o Minimize sediment discharge from the site, control
volume during peak flow to minimize peak flow
LAR100000 Changes
The annual maintenance and surveillance fee(s) must be submitted with
the NOI in accordance with the following time frames:
$264.00 – 0 months – 1 year
$528.00 – 2 years
$792.00 – 3 years
$1056.00 – 4 years
$1320.00 – 5 years
Authorization letters will include the expiration date.
If a continuation of coverage under this permit is needed beyond the
selected number of years, permittees must submit a Notice of Extension 30
days before the expiration date of your permit.
LAR100000 Changes
NEW Notices of Intent MUST be used; older versions will not be
No Notices of Termination are required
Permit coverage will automatically end based on the pre-selected
Eliminates annual invoices based on fiscal year
MS4s must be aware of changes to ensure operators in their
jurisdiction comply with submitting Notices of Extension, when
LAR100000 Changes
New Permit, NOI, and Frequently Asked Questions Document
are on:
MS4 TMDL Issues/Implementation
Phase I and Phase II: Pollution Reduction Plans
Adopt the WLA as a measurable goal
 Aggregated/Disaggregated WLAs addressed in Phase I
permits only; most Louisiana TMDLs assign disaggregated
 Select and implement SCMs that specifically address
pollutants of concern
Identify other measurable goals, where applicable
Update SWMP within six months of TMDL approval
Include a schedule for implementation of SCMs
Track effectiveness of SCMs and modify, as necessary
MS4 TMDL Issues/Implementation
MS4s in the Lake Pontchartrain Basin are required to
incorporate targeted control mechanisms to address TMDLs.
Fecal Coliform WLAs (Disaggregated): Baton Rouge, Baker,
LSU, Central, Ascension, Livingston Parish, Denham Springs,
Walker, Hammond, Slidell, Jefferson Parish, Harahan, Kenner,
Port of Orleans, City of New Orleans
Dissolved Oxygen (Disaggregated): Livingston, Walker,
Denham Springs, Hammond, Mandeville, St. Tammany, Slidell
SOD, Ammonia, Phosphorus (Aggregated): City of New
Orleans, Orleans Levee District, LADOTD, SWBNO
MS4 TMDL Issues/Implementation
Phase I Monitoring:
Semi-annual grab samples at all representative outfalls
draining basins which discharge to a stream for which the
TMDL is applicable
 More specific monitoring are not required due to dry/wet
weather screening and standard monitoring requirements
already included in all Phase I permits
Phase II Monitoring:
 Must be done to track the effectiveness of SCMs
Monitoring design to be determined by permittee(s)
Monitoring design may include dry/wet weather visual
screenings, laboratory analyses, or a combination of both
 Use of third party data allowed and encouraged
MS4 TMDL Issues/Implementation
By end of permit cycle (2018), permittees should have some
data on effectiveness and water quality improvement.
SOD TMDL Issues:
SOD calculated, but TMDL not specific as to how
No analytical method for measuring SOD, but EPA requires
permittees to monitor for WLA parameters
Proposed alternative monitoring parameters, but EPA wants
a translator to SOD
Model inputs were DO, chlorophyll a, phosphorus, nitrogen,
and temperature
MS4 TMDL Issues/Implementation
Recommended controls included in permits:
POTWs/Collection Systems: Couple
compliance orders with MS4 pollutant
 Develop a plan for regionalization of unsewered areas
 Require upgrade of failing septic systems
 Include public education measures
specifically targeted at fertilizer use and pet
 Construction: require minimum buffer zones
MS4 TMDL Issues/Implementation
Examples of Controls sMS4s have
 Identified clusters of un-sewered areas and developing
long-range plans for regionalization (St. Tammany
Retrofitting storm water retention ponds with additional
BMPs (St. Tammany Parish)
Require copies of LDEQ permits prior to issuing
certificate of occupancy, authorizing electricity, or
issuing building permit (Tangipahoa Parish, Zachary)
Conduct surveys of home STPs in areas impaired for
fecal coliform (Tangipahoa Parish in conjunction with
the Lake Pontchartrain Basin Foundation)
MS4 Audits/Inspections
EPA conducted several audits, two of which resulted in
administrative orders
LDEQ has conducted 17 inspections in FY 2014
Most common findings:
Most LDEQ inspections focus on public participation and
construction storm water elements
no available SWMP
not conducting Construction SW inspections
SW outfalls not designated or identified
Annual Reports not submitted

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