What Works (And What Doesn’t Work) in Permitting and Enforcement

1. What Works(And What Doesn’t Work)in Permitting and Enforcement Tetra Tech, Inc U.S. EPA

2. Overview of Presentation • WHY we care about storm water • HOW we’re evaluating our programs • Municipal • Industrial • WHAT we’re discovering • What this means for YOU • Permits • Inspections/Outreach

3. Why We Care • 80% of Californians live within a 30 minute drive of the coast • Beach usage is higher in CA than in other 49 states combined (U.S Lifeguard Assn.)

4. 700 waterbodies on CA’s impaired list 400 are from, or suspected to be from, urban sources of pollution Why We Care

5. Why We Care • What are Urban Sources? • As water/snowmelt moves across the built landscape it picks up pollutants… • Household sources such as • Fertilizers/pesticides/other • Trash/animal waste • Industrial sources such as • Auto dismantlers • Metal finishers • Restaurants

6. How We’re Figuring It Out • MS4 (Municipal Separate Storm Sewer System) Audits • Talk to the Cities, Counties, and Towns that are covered under municipal storm water permits • Industrial Storm Water Permittee Inspections • Talk to the businesses that are covered under the industrial activities storm water permit

7. Municipal Permit Evaluation Project

8. Municipal Permit Evaluation Project • In 2001, EPA hired Tetra Tech to assess compliance status of certain MS4s in California • Project funded by State of California and managed by EPA Region 9 • Will assist effort to determine the effectiveness of storm water programs and permit compliance

9. Municipal Project - Goals • Obtain picture of Municipal compliance • Identify common areas of deficiency, showing what areas are not working • Train State staff on conducting Municipal audits • Document effective elements of existing Municipal programs • Help define “adequate program”

10. Municipal Project - Objectives • Overall baseline assessment of most program areas • Use an in-field verification to determine compliance with permit, federal requirements, and SWMP • Screening tool for identification of specific program areas requiring further investigation • Collect information for permit reissuance

11. Municipal Project - Logistics • Municipality notified 3-4 weeks prior to the evaluation • Review the annual report, Storm Water Management Plan (SWMP), correspondence • Selection of program areas for review • 3-4 days to complete evaluation (including in and out briefings)

12. Municipal Project – Reports and Follow-up • Detailed report is generated in 2-3 weeks for EPA and Regional Board review • Potential permit violations, program deficiencies, and positive attributes are identified • Cover letter requesting a written response from the evaluated Municipalities • Report findings used to focus additional reviews

13. Industrial Storm Water Permittee Evaluation Project

14. Industrial Storm Water Permittee Evaluation Project • Over 1100 industrial inspections conducted by Tetra-tech since 2001 • 300 more during current state fiscal year

15. Industrial Project - Logistics • Up to 10 inspectors per field week. • Each inspector averages two inspections per day, including report and photo log writing. • The team averages up to 64 inspections per week.

16. Industrial Project - Logistics • Review the facility file and annual report(s) prior to the site visit. • Review required storm water paperwork (Storm Water Pollution Prevention Plan (SWPPP), Monitoring Plan, Sample Results). Copy Best Management Practice (BMP) list from SWPPP, if possible.

17. Industrial Project - Logistics • Perform a yard inspection. Compare SWPPP BMPs with yard conditions and identify other items that require additional BMP implementation. Take photos of all potential violations as well as a “general” yard view. • Discuss the inspection results with the facility representative. The exit interview should cover all identified potential violations. • Write the inspection report and photo log on the day of the inspection.

18. Industrial Project - Reports • Innovative report writing • Tetra-tech developed a Microsoft Access Database • Standardizes data entry for paperwork review and inspection findings • Prints standardized inspection reports

21. What We Discovered • Municipal Permit Evaluation Project • Common Strengths • Common Deficiencies • Overall Program Status • Industrial Storm Water Permittee Evaluation Project • Overall State of Compliance

22. Municipal Project - Results • Program Successes • Permit requirements for new development post-construction controls have started to change development approval process • Public Education and Outreach Programs • Dedicated Sediment and Erosion Control Inspectors

25. Municipal Project - Results • Program Successes (cont.) • Increased level of awareness of construction operators • Street sweeping, system maintenance, and spill response • Increased amount of information sharing and combining resources

26. Municipal Project - Results • Program Deficiencies • Illicit Discharge Programs are largely reactive • Building Inspectors not trained to do storm water inspections (construction) • Frequency of construction inspections is not high enough to ensure compliance

28. Municipal Project - Results • Program Deficiencies (cont.) • Permits and SWMPs do not contain measurable, enforceable elements • Programs are not evaluating data • Are therefore reluctant to modify programs • Programs are not designed to specifically address pollutants of concern

29. Municipal Project - Results • Program Deficiencies (cont.) • Municipal Yards • Difficulty in implementing commercial/industrial programs

32. Industrial Project – ResultsFacility Ranking Scale 1 - Identified yard violations threaten human health and environment, high priority for a follow-up inspection by RWQCB inspectors. 2 - Paperwork and minor yard violations, identified violations could be dealt with by issuing an NOV letter requesting updated paperwork and/or photo documentation of changed yard conditions be submitted to the RWQCB within a specified period of time. 3 - Facility is generally in compliance, minor paperwork violations or no observed violations, no follow-up contact needed at this time. * - Facility visited but not inspected.

33. Industrial Project –Results Facility Rankings* * Does not include 102 Region 4 re-inspections

34. Industrial Project - Results • The facilities only represent those that have applied for coverage • California estimates that the non-filer rate may be as high as 50%

35. Los Angeles RWQCB Facility Re-Inspections (Results from inspecting the same facilities twice, the second inspection occurred after the facility received a non-compliance notice.)

36. Facility Reinspection Photos 11/27/01 6/3/02

37. Facility Reinspection Photos 12/13/01 6/4/02

38. Facility Reinspection Photos 11/29/01 6/4/02

39. Lessons Learned • Regulators must write good permits • Permits should specify • What needs to happen • Who needs to do it • How much they need to do • When they need to get it done

40. Unenforceable Examples • “The permittee shall demonstrate compliance with this Order through the timely implementation of control measures and other actions to reduce pollutants in discharges to the maximum extent practicable in accordance with their SWMP…” • “Structural controls for water quality improvements are considered for inclusion in site drainage plans, storm drain projects, and flood control projects where applicable.” Underline added for emphasis.

41. Measurable Goals • Ventura County: Requires development of a model SWPPP for corporation yards; all permittees implement minimum requirements in model by DATE; and permittees conduct annual inspections of yards. • Long Beach: All catch basins will be inspected and cleaned one time between May 1 and Sept. 30 of each year.

42. Lessons Learned • Permitting and compliance/enforcement are directly related • Enforceable language is clear to permittee and regulator • Without specific performance measures, almost any activity could be deemed to meet permit requirements • Education and Outreach pay off • Construction • Industrial

43. EPA Contacts John Tinger Jeremy Johnstone Ellen Blake Tetra Tech Contacts John Kosco Wes Ganter Rob Naeser Questions?