City Of White Plains
Phase II Stormwater Management Program
Phase I of the U.S. Environmental Protection Agency’s (EPA) storm water program was established in 1990 under the Clean Water Act (CWA). Phase I was implemented by the State of New York through the use of State Pollutant Discharge Elimination System (SPDES) permit coverage to address the following three types of regulated storm water discharges: (1) “medium” to “large” Municipal Separate Storm Sewer Systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing five (5) acres or greater, and (3) industrial activities.
The Storm Water Phase II Final Rule, published in December 1999, was the next step in EPA’s effort to preserve, protect, and improve the Nation’s water resources from polluted storm water runoff. The regulations expand the Phase I program by requiring additional operators of regulated “small” MS4s in urbanized areas and operators of small construction sites (disturbing between one (1) and five (5) acres of land) to implement programs and practices to control polluted storm water runoff. Ironically, the City of White Plains has been utilizing most of this criteria since the mid-1980's.
Who’s Covered Under the Phase II Regulations?
The term MS 4 applies to any system designed or used for collecting and conveyance of storm water. The regulations apply to systems owned and operated by municipalities, State Departments of Transportation, universities, local sewer districts, hospitals, military bases, and prisons. The term does not apply to combined sewer systems or systems which are part of a Publicly Owned Treatment Works (POTW).
“Small MS4's” are defined as any MS4 that is not covered under the Phase I Program. However, only a select subset of small MS4s, referred to as “regulated small” MS4s, require coverage under the NPDES Phase II Program. The Phase II regulations “automatically” cover two classes of storm water discharges, on a nationwide basis:
1. Operators of “small” MS4s located in “urbanized areas”. In general, the Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of the Bureau of the Census-defined “urbanized area” (US). Further, an operator outside of a UA may be designated for permit coverage if the permitting authority determines that its discharges cause, or have the potential to cause, an adverse impact on water quality. (1)
2. Operators of small construction activities that disturb equal to or greater than one (1) and less than five (5) acres of land.
(1) The Phase II regulations require permitting agencies to develop a set of designation criteria and apply them, at a minimum, to all small MS4s located outside of a UA that serve a jurisdiction with a population of at least 10,000 and a population density of at least 1,000 people/square mile.
Phase II Small MS4 Program Requirements
Under the Phase II Storm Water Rule issued by the EPA, operators of “regulated small” MS4s were required to:
• Apply for NPDES permit coverage, no later than March 10, 2003.
• Develop a storm water management program (SWMP) that includes the six (6) minimum control measures.
• Implement the storm water management program using appropriate storm water management controls, or best management practices (BMPs).
• Identify measurable goals for control measures.
• Develop an implementation schedule of activities.
• Define the entity(s) responsible for implementation.
• Monitor and evaluate the effectiveness of the program.
A Notice of Intent (NOI) served as the application for the general permit. The permittee complied with the permit requirements by submitting an NOI that describes the storm water management program, including BMPs and measurable goals. Once a permit application was submitted and a permit was obtained, the conditions of the permit must be satisfied (i.e., development and implementation of a storm water management program), and annual reports are required that summarize the status and effectiveness of the program.
Six (6) Minimum Control Measures
Storm water management programs must specify BMP’s for six (6) “minimum control measures”. In 40 CFR 122.2, the EPA defines a BMP as “....schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of “waters of the United States’.” The six minimum control measures required in the Phase II storm water rule are as follows:
1. Public Education and Outreach: Public education program to distribute educational materials to the community. Municipalities are encouraged to work together with state government agencies and Phase I communities to develop an education/outreach program in a cost-effective manner.
2. Public Participation/Involvement: Examples of public participation/involvement include public hearings, citizen advisory groups, and working together with citizen volunteers.
3. Illicit Discharge Detection and Elimination: Development of system mapping identifying major conveyance systems, outfall locations and receiving waters. Phase II communities should prohibit illicit discharges to the MS4, and develop a plan to detect and address illicit discharges (including enforcement procedures).
4. Construction Site Runoff Control: Develop, implement, and enforce a program to reduce pollutants in storm water runoff from construction sites (>1 acre). Measures may include language modifications to existing ordinances or other regulatory mechanisms, and include provisions to address water quality impacts through the site plan review process as well as site inspection and enforcement.
5. Post-Construction Runoff Control: Develop, implement, and enforce a program that address storm water impacts associated with development and that discharges to their MS4. Impacts should be addressed through structural and non-structural BMPs, and include adequate provisions for long-term maintenance and operation of the BMPs.
6. Pollution Prevention/Good Housekeeping: Develop and implement a cost-effective program to prevent or reduce pollutant loading from municipal operations.
The City’s Department of Public Works (DPW) prepared the NOI and developed the Storm Water Management Program (SWMP). The NOI and SWMP were submitted to the State of New York on March 5, 2003, and we received verification of receipt and completeness of the application on April 10, 2003. The SWMP is being progressively implemented, and the City DPW assumed responsibility for the program in 2008. The City designated the Commissioner of Public Works as the Storm Water Management Officer (SMO).
Highlights of the Storm Water Management Program for this coming year include the following:
• Continued reporting and tracking systems for public concerns relative to storm water issues.
• Sponsorship and participation in various environmental cleanup programs.
• Continued implementation of ordinances relative to existing sewer use as well as storm water management and control.
• Stringent site and Storm Water Pollution Prevention Plan (SWPPP) review process and inspections relative to storm water design issues.
• Monitoring of municipal maintenance practices, schedules and inspection procedures, and disposal methods for waste materials.
• Continued investigation of illicit discharge detection and elimination.
• Continue with direct mailings related to storm water/pollution prevention.
• Work with groups to assure the quality of storm water runoff through special projects and improvements.
• Continue storm water employee training.
• Monitoring of construction site runoff control and post construction storm water management.
• Continue to improve water quality through Best Management Practices (BMP) implementation.
• Implementation of the NYSDEC new SPDES permit and revised Storm Water Management Manual to introduce runoff reduction through green infrastructure.
As of 5/23/11, the City's annual Phase II Storm Water Management Report is available for review at the DPW Bureau of Engineering in City Hall.