NPDES MS4 Permit Overview Fred Noble, P.E. 2016 Maintenance Conference State NPDES Administrator

Fred Noble, P.E.
State NPDES Administrator
Florida Department of Transportation
NPDES MS4 Permit Overview
2016 Maintenance Conference
Panel Members
 Fred Noble, P.E. - State NPDES Administrator - FDOT
(Overview of program)
 Dr. Steve Peene - Dir. Water Resources - Applied Technology & Management (CO)
(SSWMP, maintenance frequency, yards, fertilizer, herbicides/pesticides)
 Mr. Robert Potts - Senior Scientist - ESciences (D1, D3, D5, CO)
(IDDE, spill response, public education)
 Mr. Tim Kelly - Project Manager - Amec Foster Wheeler (D7)
(BMP maintenance, street sweeping, litter, awareness)
What is NPDES?
National Pollutant Discharge Elimination System
• Water quality permitting
program established under
the Federal Clean Water
Act (CWA) of 1972
• CWA amended in 1987 to
include Stormwater
• NPDES stormwater
regulations established
for MS4s, construction
and industrial activity
• NPDES Stormwater program
delegated from USEPA to
Florida DEP in 2000
What is an MS4?
 Municipal Separate Storm Sewer System
“Municipal separate storm sewer or MS4 means a conveyance or system of conveyances
like roads with stormwater systems, municipal streets, catch basins, curbs, gutters,
ditches, constructed channels, or storm drains:
(a) Owned or operated by a State, city, town, county, special district, association, or
other public body (created by or pursuant to State Law) having jurisdiction over
management and discharge of stormwater and which discharges to surface waters of the
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW). POTW means any
device or system used in the treatment of municipal sewage or industrial wastes of a
liquid nature which is owned by a “State” or “municipality.” This definition includes
sewers, pipes, or other conveyances only if they convey wastewater to a POTW
providing treatment.”
[Rule 62-624.200(8), F.A.C.]
In other words, most of our stormwater collection,
conveyance, treatment and discharge systems!
FDOT MS4 Permit Areas
 FDOT co-permittee in
15 Phase I MS4
individual permits
 FDOT covered in 11
Phase II General
(Generic) Permit areas
in 27 counties
Phase I Counties
Phase II Counties
What are TMDLs?
 Total Maximum Daily Loads
• Also required by Federal CWA
• And State Statute “Florida Watershed Restoration Act” (403.067, F.S.)
• Impaired Waters Rule
– Water body does not meet standards
• TMDL Rule
– Establish how much pollutant load water body can take and
required load reductions
• Implementation of TMDLs through:
– Basin Management Action Plans (BMAPs)
– Reasonable Assurance Plans (RAPs)
– And MS4 permits!
FDOT in 937 TMDLs
(Mostly for nutrients and bacteria)
FDOT stakeholder in 29
BMAPs and 4 RAPs
BMAPs, RAPs and other
implementation plans
Why is it Important?
 Clean and abundant water for people and
the environment…
• Drinking and residential uses
• Recreation
• Swimming, fishing, boating, etc.
Preservation of natural systems
Why is it Important?
...and preserves the
quality of our
Why is it Important?
 Fines and costs for noncompliance…
• Hawaii DOT MS4 EPA/DOJ enforcement
• $1 Million Civil Penalty
• $50 Million to come into compliance
• Rhode Island DOT MS4 EPA/DOJ
enforcement case
• $315K Civil Penalty
• > $100 Million to come into compliance
What Does it Mean to FDOT Maintenance?
Required by MS4 permit…
 Routine inspection and
maintenance of stormwater
• Detailed in Statewide
Stormwater Management Plan
 Illicit Discharge Detection and
Elimination (IDDE) Training for all
FDOT and Contractor field
What Does it Mean to FDOT Maintenance?
Required by MS4 permit…
 Street sweeping
 Fertilizer use management
and certification
 Herbicide and pesticide use
management and
What Does it Mean to FDOT Maintenance?
Required by MS4 permit…
 Stormwater management and
pollution prevention at
Operation Centers
 Litter Control Programs
What Does it Mean to FDOT Maintenance?
Important BMAP commitments to meet nutrient TMDLs…
 Eliminate routine maintenance
 Street Sweeping
Thank You!
Fred Noble, P.E.
State NPDES Administrator
Florida Department of Transportation