San Diego Region - Orange County Municipal Storm Water Permit - Frequently Asked Questions
Updated June 5, 2002
Contents
- What is the Municipal Separate Storm Water System MS4) Permit?
- What do the Federal Regulations Require?
- What exactly is the Municipal Separate Storm Water System (MS4)?
- What about Privately Owned Streets and Storm Drains?
- What are the Basic Requirements of the Storm Water Programs?
- Does the Permit Prohibit Activities at My House or Business?
- Can I Wash My Car?
- Can I Water My Lawn?
- Does the Permit Regulate the Use of Pesticides, Herbicides, and Fertilizers?
- Can I Wash My Patio or Driveway?
- Will Residents be Fined for Non-Compliance?
- What is the MEP Standard for Storm Water?
- What is an Illicit Discharge?
- What are the Receiving Waters of Concern?
- Has the clock started on the entire permit? Although appealed, was February 13, 2002 the formal adoption?
- Are school districts and/or other public agencies such as water districts exempt from the prohibited discharge requirements or can the cities and County enforce the prohibitions?
- Is a property owner responsible when a contractor makes an illegal discharge?
- Does the MS4 permit authorize the discharge of reclaimed water to surface waters?
- Will each permittee be required to monitor 12 sites? I read the Co-permittees are responsible for identifying 12 sites for (a) outfall pipe testing for bacteria (per AB 411), and (b) bioassessment.
What is the Municipal Separate Storm Sewer System (MS4) Permit?
The Regional Board issues an MS4 permit in order to establish the conditions under which pollutants can be discharged from the storm drain system to local streams, coastal lagoons, and the Ocean. This permit implements requirements of the Clean Water Act and Federal NPDES stormwater regulations. Since 1990 permits have been issued to municipalities based on their county location. Our MS4 permit was renewed for cities in San Diego County in 2001, will be renewed in Orange County in 2002, and is scheduled for renewal in Riverside County in 2003.
What do the Federal Regulations Require?
Federal regulations require that municipalities obtain this permit (known as a National Pollutant Discharge Elimination System, or NPDES, permit) and renew it every 5 years. Under this permit each municipality must develop a storm water management program designed to control the discharge of pollutants into and from the MS4 (or from being dumped directly into the MS4). The purpose is to protect local waterbodies since storm drains typically dump their water into streams, bays, and/or the ocean without being treated. The State of California has the authority to issue this federal permit.
What exactly is the Municipal Separate Storm Sewer System (MS4)?
The MS4 includes the conveyance or system of conveyances designed or used for collecting or conveying storm water that is not a combined sewer or part of a publicly owned treatment works. It includes roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains. These drainage systems typically dump their water (and any associated pollutants) directly into streams, bays, and/or the ocean.
What About Privately Owned Streets and Storm Drains?
Where privately owned streets and other storm water conveyances were authorized by a municipality to become interrelated with a municipal system, the municipality is responsible for ensuring that storm water and other urban runoff meets the objectives of the MS4 permit. Facilities owned by homeowners associations, for example, are subject to local codes, ordinances, and enforcement. The municipalities are responsible, therefore, for discharges of wastes from private storm water conveyance systems.
What are the Basic Requirements of the Storm Water Programs?
Stormwater management programs must include measures to:
Identify major outfalls and pollutant loadings;
Detect and eliminate all non-storm water discharges
to the system, except as specifically exempted;
Prevent and reduce pollutants in runoff from industrial,
commercial, and residential areas through the implementation
of BMPs (Best Management Practices);
Control storm water discharges from new development
and redevelopment;
Inspect industrial, commercial, and construction activities;
Provide pertinent education and promote public reporting of pollution;
Monitor discharges and impacts on receiving waters.
Does the Permit Prohibit Activities at My House or Business?
The MS4 permit does not prohibit certain activities, but does prohibit most discharges into and from MS4s that cause or threaten to cause water pollution. Storm water discharges of pollutants must be reduced to the maximum extent practicable (MEP), and most non-storm water discharges are not allowed. A limited number of non-storm water (i.e., dry-weather) discharges were explicitly exempted by the federal regulations. Activities that generate pollutants must be performed in a way so as to keep the runoff from entering the storm drains.
Yes. Although wash water from car washing typically contains pollutants (e.g., detergents, oil and other automobile fluids, and metals), the federal regulation allows the discharge of wash water from individual residential car washing, unless the municipality determines it to be a source of pollutants in local waters. Discharges from other types of car washing are not exempted from the regulations. Other types of car washing, therefore, should be conducted so that the wash water does not enter the storm drain.
Yes. Landscape irrigation was also specifically exempted from the MS4 permit process in the federal regulations. A municipality can choose to impose restrictions if it determines irrigation to be a source of pollutants in local waters. Residential landscape runoff may contain pollutants that pose a high threat to water quality (e.g., pesticides, herbicides, excess fertilizer, and pet waste). Cities may design a residential BMP program that provides education or technical assistance to residents in order to ensure the proper use and disposal of landscape and garden products, such as fertilizers and pesticides.
Does the Permit Regulate the Use of Pesticides, Herbicides, and Fertilizers?
Municipalities are required to implement practices to control the amount of pesticides, herbicides, and fertilizers that run off municipal facilities. In addition, because landscape runoff may contain pollutants (e.g., pesticides, herbicides, excess fertilizer, and pet waste), including ones toxic to wildlife, the municipalities have an obligation to educate residents in order to prevent and reduce water pollution from these sources.
Can I Wash My Patio or Driveway?
Unless specifically exempted, non-storm water entering the MS4 from commercial and residential areas is an illicit discharge that the federal regulations require be effectively prohibited by the municipality. Wash water from patios, driveways, eating and drinking areas, parking lots, and other types of impervious surfaces are not exempted from the federal regulations. Automobile fluids, metals from automobiles, landscaping materials, pet waste, and trash washed off of patios or driveways are examples of pollutants that threaten the quality of receiving waters. Each city and county are required by federal regulations to implement and enforce an ordinance, orders or similar means to prevent illicit discharges to the MS4. Therefore, wash water from driveways, parking lots, patios, and other surfaces must not be allowed to enter the storm drains.
Will Residents be Fined for Non-Compliance?
It is up to each municipality to decide how to enforce its prohibitions on illicit discharges. We expect enforcement will be based on certain factors, such as proportional threat created by the discharge, prior enforcement history, and others. Several types of enforcement options, including effective education, are available to the municipalities.
What is the MEP Standard For Storm Water?
Each municipality's storm water management program must be designed to reduce pollutants discharged from storm water to the Maximum Extent Practicable (MEP). The federal regulations do not define MEP, but in general, to achieve the MEP standard, municipalities must employ whatever Best Management Practices (BMPs) are likely to be effective and are not cost-prohibitive. Through development of its management program, each municipality proposes a BMP-based program to achieve MEP. It is the responsibility of the municipality to ensure that the BMPs are implemented, and it is the responsibility of the Regional Board to determine when MEP has been met.
Illicit discharges include both stormwater with pollutants that have not been reduced to the maximum extent practicable and pretty much all non-storm water flows, except those specifically exempted such as individual car washing, landscape irrigation, and a few others. These discharges are 'illicit'' because municipal storm sewer systems are not designed to accept, process, or discharge such wastes. The result is untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, sediments, viruses, and bacteria into receiving waterbodies. Programs that reduce illicit discharges to separate storm sewers can improve water quality.
What are the Receiving Waters of Concern?
Receiving waters are the streams, rivers, lakes, bays, lagoons, and the ocean at the end of the storm system conveyances and downstream. Receiving waters can include both coastal and inland streams, bays, lagoons, the ocean and all tributaries. All receiving waters are of concern, and some are polluted from stormwater and dry-weather discharges from the MS4 system. Our Basin Plan (available from our web site) contains water quality objectives for receiving waters in our region.
Has the clock started on the entire permit? Although appealed, was February 13, 2002 the formal adoption?
Yes, the formal adoption date of the permit was February 13, 2002. The clock has started for the development the Jurisdictional Urban Runoff Management Programs (JURMP). The Co-permittees must implement their revised programs by February 13, 2003.
Are school districts and/or other public agencies such as water districts exempt from the prohibited discharge requirements or can the cities and County enforce the prohibitions?
The permit sets conditions for discharges from the Co-permittees' MS4, and does not itself regulate discharges from quasi-governmental agencies. Conditions for this permit include enforcement of local ordinances and efforts to address discharges from school and water districts. See Finding 15 of the permit and fact sheet which finds that the operators of MS4s cannot passively receive and discharge pollutants from third parties. Recognizing that in some cases the city may not possess the authority to control all existing land uses that are connected to the MS4 conveyance system, we've given the Co-permittees flexibility to implement a strategy for addressing discharges from such areas. The permit does require an educational effort targeted at "quasi-governmental agencies," including school districts, water districts, etc.
Is a property owner responsible when a contractor makes an illegal discharge?
The MS4 permit requires that the cities and county develop and enforce ordinances addressing prohibited discharges. Thus, responsibility is determined by local government regulations. Depending on the circumstances and your local code or ordinance, the contractor and/or the property owner may be a responsible party.
Does the MS4 permit authorize the discharge of reclaimed water to surface waters?
The MS4 permit does not authorize a direct discharge of reclaimed water to surface waters. Based on Federal regulations, however, discharges from irrigation or lawn watering are not prohibited by the MS4 permit unless the cities or county determine they are causing problems. The MS4 permit does not require the cities and county to differentiate between potable irrigation water and reclaimed irrigation water that has been treated and used in accordance with proper regulations. The use and distribution of reclaimed water, however, is subject to another set of waste discharge requirements, which is enforced on the purveyor. Purveyors of reclaimed water must require users to use BMPs, including timely repair and proper system design, that eliminate excess runoff.
Will each permittee be required to monitor 12 sites? I read the Co-permittee are responsible for identifying 12 sites for (a) outfall pipe testing for bacteria (per AB 411), and (b) bioassessment.
This is only partially correct. The Receiving Waters Monitoring Program is a collective effort by the Co-permittees directed by the Principal Permittee (County of Orange). The individual Co-permittees are not required to perform separate receiving waters monitoring, but may conduct such monitoring to the extent that they determine is appropriate and necessary. The Receiving Waters Monitoring Program must be designed to assess the compliance with the Order, measure the effectiveness of the JURMPs, assess the chemical, physical, and biological impacts to receiving waters, and assess the overall health and evaluate long term trends in receiving water quality. Thus, the program will include most chemical constituents and biological effects parameters including toxicity, pesticides/herbicides, bacteria, and water chemistry. The collective Co-permittees are also required to select a minimum of 12 stream sites for bioassessment monitoring and 3 reference stream bioassessment monitoring sites. Criteria for locating the sample sites were provided in the Order at Attachment B section B.2.b.8.a.1.a. These sites will be sampled biannually beginning in October 2002.
