Stormwater Quality

Stormwater Permit Activities

by
John T. Doerfer, Project Hydrologist, Master Planning Program

Smaller municipalities in the District have known for some time it was likely they would eventually be required to obtain a permit for their stormwater discharges. That time has finally arrived for "Phase II" sources, including small municipalities within "urbanized areas" as defined by the Census Bureau, and construction sites that disturb 1 to 5 acres. Regulations that define permit application requirements for Phase II sources were signed October 29, 1999 and published in the Federal Register on December 8, 1999 (FR 68722).

Who? The following municipalities are defined in EPA’s rule as governmental entities located fully or partially within either the Denver or Boulder Urbanized Area: Adams County, Arvada, Boulder, Boulder County, Bow Mar, Broomfield, Cherry Hills Village, Columbine Valley, Commerce City, Douglas County, Edgewater, Englewood, Federal Heights, Glendale, Golden, Greenwood Village, Jefferson County, Lakeside, Littleton, Mountain View, Northglenn, Sheridan, Thornton, Westminster and Wheat Ridge.

In addition, Lafayette and Louisville, which are located outside of the Denver and Boulder Urbanized Areas, must be examined by the State of Colorado for potential designation to be permitted. The state may designate other municipal entities as well, based on relationships of their storm-sewer systems to adjacent permittees or receiving waters.

What? The following six (6) management programs, or "minimum control measures", as defined in the Phase II regulations are required by municipalities:

	Public Education and Outreach. This program requires distribution of educational materials on stormwater and the steps the public can take to reduce pollution.
	Public Involvement and Participation. All state and local public notice requirements must be followed when implementing programs.
	Illicit Discharge Detection and Elimination. Procedures must be developed and implemented to remove illegal discharges, including sanitary wastewater connections to storm sewers, and illegal dumping.
	Construction Sites. Municipalities must develop an ordinance, if one does not already exist, to control pollutants in runoff from construction sites that disturb greater than one acre. Best Management Practices (BMPs) must be identified, along with requirements for receipt and review of sediment control plans and public comments. Inspections and enforcement procedures must be implemented.
	New Development and Redevelopment. All program elements are similar to those defined for construction sites; however, the BMPs to be required are permanent features of the development.
	Pollution Prevention during Municipal Operations. This program requires municipalities to evaluate and modify their maintenance practices at parks, open space, transportation, streets, new construction, and stormwater systems to enhance water quality.

When? The first critical deadline defined in the final rule occurs in one year (December 8, 2000) when the Water Quality Control Division, Colorado Department of Public Health and Environment, must complete its own rulemaking to incorporate the federal Phase II regulations. EPA must also issue a "menu of BMPs" as guidance to municipalities before one year (October 27, 2000). A year later, EPA plans to issue guidance on "measurable goals" that are recommended to evaluate the success on the six minimum control measures. If it does not meet this time frame, municipalities will not be judged accordingly until the measurable goals are published. In three years (December 8, 2002), general permits must be issued by the state. This is important because the general permits will define the requirements, including specific actions and elements of the six management programs. Within 3 years and 90 days (March 10, 2003), municipalities must submit their general permit application to the state. The Phase II municipalities must fully implement permit provisions within 5 years thereafter.

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