Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit Compliance

1. Government of the District of Columbia Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit Compliance Management Storm Water Administration Program COG Water Resources Workshop: Preparing for Regulatory Change

2. Storm Water Pollution in DC • Pollution generated in open space - public and private – result in storm water pollution • Examples of pollutants in storm water: • Trash (including leaf) • Bacteria (animal waste) • Sediment (land disturbing activities) • Oil and grease (leaky vehicles, improper discharge of waste oil) • Nutrient (lawn & garden fertilizers) • Heavy metals (corrosion) • Other toxics (cleaning agents, past use – PCB, Chlordane – carried to the rivers via ground water) • Deposition from air • Main cause: rise in impervious areas increasing storm water volume being discharged to the rivers

3. Storm Water Pollution in D.C. (continued)

4. Storm Water Pollution in D.C. (continued)

5. Storm Water Pollution in DC(continued) Who causes storm water pollution in DC? – Every one! • Most Storm Water is collected by the Separate Storm Sewer System and discharged directly to the rivers • Two third of the city is served by the Municipal Separate Storm Sewer System (MS4); one third is served by combined sewer system (CSS) • Some storm water enters the rivers directly by flowing over-land • DC Agencies having impact on storm water pollution control: WASA, DOH, DPW, DOT, P&R, OP, DCRA, DHCD, OE, (… other?) • Under the Federal Clean Water Act, USEPA is regulating pollution due to Municipal Separate Storm Sewer System (MS4) via the NPDES permit system

6. NPDES Permit & D.C. Law • US EPA Region III issued MS4 NPDES Permit to the District of Columbia Government on April 19, 2000 • The City Council enacted D.C. Law 13-311 “Storm Water Permit Compliance Amendment Act of 2000” on January 22, 2001

7. Provisions of DC Law 13-311 • Enabled D.C. Water and Sewer Authority (WASA) to engage in MS4 Permit Compliance Activity • Identified DOH, DPW, and DOT (added in 2002) along with WASA as responsible Agencies • Created the Storm Water Administration within D.C. WASA, designated as the Lead Agency • Created the Storm Water Advisory Panel consisting of the Mayor, Heads of the responsible Agencies & DC OCFO • Authorizes Administrator to ensure Agency Budgets are adequate to comply with the requirements of the Permit • Requires the Panel to provide “Agency Compliance Plan” & the “Semi Annual Report” to the Mayor

8. Provisions of DC Law 13-311(continued) • Established the Storm Water Permit Compliance Enterprise Fund • Section 206b.(a) of DC Law 13-311: • Restricted use of the funds to “… costs of complying with the Storm Water Permit” • Prevented use of the funds “… for costs associated with storm water activities carried out prior to April 20, 2000, except to the extent those costs increased in order to comply with the terms of the permit.” [Sec. 206b(a)] • Allowed use of the Funds by any D.C. agency that has activities required to comply with the permit

9. MS4 Enterprise Fund • D.C. law 13-311 established the following Storm Water Fee structure: • Single-Family: $7 per year • Multi-Family: 1.4% of water bill • All other properties: 2.0% of water bill • Federal Agencies fall under “All other properties” • Billing started in July, 2001

10. MS4 Enterprise FundFinancial Status • Revenue started in late 2001 • Total revenue through FY 2003: $6.4 million • Total expenditure through FY 2003: $2.8 million • FY 2004 budget: • Personnel: $798,801 • Non Personnel: $2,939,158 • Total: $3,737,959

11. Storm Water AdministrationProgram Activities Summary • The Inter-Agency Task Force was created to undertake needed activities to comply with DC law 13-311 & the MS4 NPDES permit; operates under a memorandum of understanding that sets tasks & budget for each agency; meets every month. • Program is in compliance with all the requirements of D.C. Law 13-311 and the MS4 NPDES permit • A new DRAFT Permit has been issued on November 14, 2003 for public comment • DRAFT Permit is satisfactory to the District: Revenue should be adequate – will depend on the Final Permit requirements • Environmental groups have commented asking for more restrictive requirements • If accepted by EPA, there will be need for additional funds and efforts by the Agencies

12. Storm Water AdministrationProgram Accomplishment Examples DC WASA • Established Storm Water Administration • Collects storm water user fee and administers Enterprise Fund • Operates floatable trash collection boat on Anacostia and Potomac • Cleans catch basins on annual schedule

13. Storm Water AdministrationProgram Accomplishment Examples • DC DOH • Established MS4 monitoring program • Greatly improved sediment and erosion control at construction sites • Continued inspection and elimination of illicit connections • Negotiating MOU with US Arboretum for installation of pollution control facility on Hickey Run • Expanded enforcement

14. Storm Water AdministrationProgram Accomplishment Examples DC DPW • Improved coordination of street sweeping and catch basin cleaning • Established semi-annual household hazardous waste collection • Developing public education program to highlight storm water benefits of DPW activities • Expanded street cleaning and litter control program (purchased 3 litter-vacs and 500 additional litter cans)

15. Storm Water AdministrationProgram Accomplishment Examples DC DDOT • Improved sediment and erosion control at street construction projects • Completed Low Impact Development (LID) pilot project along 8th Street SE • Initiating monitoring program to document storm water benefits of LID • Developing improved catch basin design • Funded CNG Buses through WMATA

16. Storm Water Administration Program Plan for FY 2004 • Ensure compliance with the MS4 NPDES permit • Monitoring of storm water to better identify extent and nature of storm water pollution • Identify all DC owned storm water outfalls and create data base to better plan needed control • Document storm water pollution control activities by DC Agencies not under MS4 Permit • Improve Public Education to reduce storm water pollution • Continue storm water pollution control activities by District Agencies • Fund Additional Storm Water Pollution Control Projects by various District Agencies

17. MS4 Management Issues • Excessive paper work: Permit and DC Law require documenting & reporting • Completing DMR’s by hand is inefficient • Storm water pollution control activities outside the MS4 program are not credited • Clean Water Act 319 funds are not eligible for storm water pollution control under MS4 program • Limitations of storm water pollution control in highly urbanized areas: need to recognize limitations of control measures and require flexibility • Threat of numerical limits on storm water discharge • Incorporation of TMDL requirements in MS4 Permit: there is no daily load from storm water discharge • Include LID technology in the MS4 NPDES?

18. Questions? Contact: Mohsin Siddique • Phone: (202) 787 2634 • Fasx: (202) 787 2453 • Email: msiddique@dcwasa.com