The 2016 Massachusetts Small MS4 General Permit was released and published on the U.S. EPA's website on April 13, 2016. 

The following short articles were originally published throughout May, June and July 2016 as part of CEI's ENews Special Series on the new 2016 Massachusetts Small MS4 General Permit.

 


 

Massachusetts MS4 Permit Basics - What Do You Need to Do?

The final permit will become effective on July 1, 2017.  This starts the clock for compliance deadlines outlined in the permit.  Following is a summary of the basic requirements of the permit:

1. Notice of Intent (NOI):  Submit NOI to Region 1 of EPA within 90 days of the effective date of the permit (September 29, 2017).  This is the first item required under the new permit and documents MS4 discharges, receiving waters, proposed Best Management Practices (BMPs) to be implemented, and eligibility determination based on endangered species and historic properties review. 

2. Stormwater Management Program (SWMP):  Prepare a written SWMP within 1 year of the effective date of the permit. This program details the implementation activities and measures to meet the terms and conditions of the permit.  The SWMP Plan is a living document and must be updated and modified as activities are performed, modified, or updated. 

3. Six Minimum Measures:  Permittees must reduce pollutant discharges to the maximum extent practicable using the following control measures:

4. Training:  Annual training is required.  General topics include IDDE, spill prevention and response, material handling, and training specific to facility SWPPPs.

5. Annual Report:  Prepare and submit an annual self-assessment that documents progress towards measureable goals as outlined in the MS4’s SWMP.  Reports track a variety of information and are submitted to EPA on September 29th of each year.

6. Impaired Waters:  In most cases, MS4s that discharge to certain waterbodies with nutrient impairments or Total Maximum Daily Loads (TMDLs) must prepare plans that address water quality impacts from nutrient sources such as nitrogen and phosphorus.  These plans are highly specific to the waterbody, surrounding area, and pollutant in question.  Discharges to waterbodies with other impairments, such as bacteria require “enhanced BMPs” which generally consist of public outreach, regulation requirements and good housekeeping measures that can readily be incorporated into the six minimum measures.

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How Much Will MS4 Compliance Cost You?

The 2016 Massachusetts Small MS4 General Permit was released and published on EPA’s website on April 13, 2016. EPA simultaneously published a detailed cost evaluation of the permit, including several spreadsheets that show “sample” costs for three generic sized communities: Rural, Suburban, and Urban.

In this section, CEI engineers have simplified this information to assist in helping our municipal clients determine costs for compliance with the permit.

Figure 1 provides a summary of the projected average annual costs to comply with the 2016 MS4 Permit (excluding impaired waters), based on three different-sized communities, along with the typical community statistics used in generating these costs. Why the range? Because complying with the MS4 permit is not a “one size fits all” approach. The costs recognize that each community is different and therefore covers a range of possibilities. For example, the number of outfalls requiring wet weather sampling and the number of key junction manholes requiring inspection will vary from one community to the next depending on infrastructure. Other variations may include types of public outreach, method of catch basin cleaning or sweeping (rented vs. purchased), number of municipal facilities requiring O&M procedures or stormwater pollution prevention plans, etc.

For additional information, including the detailed cost estimate and associated Excel worksheets, see the following EPA website at: https://www3.epa.gov/region1/npdes/stormwater/MS4_MA.html

Figure 1. Average Annual MS4 Compliance Costs (Excluding Impaired Waters)

Some MS4 communities may also have Total Maximum Daily Load (TMDL) and impaired waters requirements to contend with. Some of the impaired waters requirements can easily be incorporated into the six minimum measures (e.g., specific public education messages, incorporation of criteria into regulatory updates) at minimal cost. However, other requirements, specifically the development of nutrient based watershed plans, can add a significant expense to your program.

A summary of the anticipated costs to prepare these nutrient watershed plans for three generic size watersheds is provided in Table 1.

Table 1. Range of Costs for Nutrient Based Watershed Plans

Costs are based on actual per acre dollars to prepare nutrient based watershed plans from 15 planning projects performed in EPA Region 1. Projects were divided into three groups by level of development: rural, suburban and urban. The median per acre cost for each group was applied to the generic watershed sizes to generate anticipated cost ranges. This method results in unusually high and low costs at the outer ranges due to the application of a median cost value from a limited data set.

Costs are based on the full data set, independent of level of development. Cost per acre for each of the 15 projects was plotted to establish an equation used to calculate cost for any watershed size within the range. Actual costs could be higher or lower depending on level of development.

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Funding Options: How WIll You Pay for MS4 Compliance?

Above we summarized potential MS4 compliance cost ranges and assumptions to help you determine where you fit in. So how to pay for all of this? In this section we explore general funding options that are available to you, including:

1. Municipal Budget – Property taxes are paid into general funds and then allocated to various town departments to cover capital and operational expenditures. Multiple community expenses compete for funds and funds might be reallocated to other services.

2. State Revolving Fund (SRF) – This is a federal low or no interest loan administered by the state that can be used for planning and construction projects, including stormwater projects. Funds can be used to develop and implement stormwater management programs that comply with the MS4 permit requirements, including development of written plans, mapping stormwater infrastructure, outfall and infrastructure inspections and sampling, development of public education materials or regulations, … essentially any of the requirements under the MS4 permit. It can also be used to fund evaluation and development of a stormwater utility.

3. Stormwater Utility (Service Fee) – This typically comprises of a fee charged to each property owner, including tax exempt properties, based on their stormwater contribution to the MS4. It is usually based on their impervious area. Collected fees are then used strictly for stormwater management.

The benefits and challenges associated with each are summarized below:

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Minimum Measure 1. Public Education & Outreach

Basics

Under the new permit, municipalities must develop and implement an education program that targets four specific audiences. At a minimum, the program shall provide information on stormwater impacts to waterbodies, especially impaired ones, and identify activities that the public can take to reduce pollutants in stormwater runoff.  Potential topics for each audience and potential distribution methods include:

Residential

  • Proper lawn maintenance (pesticide, herbicide, and fertilizer application)
  • Benefits of stormwater infiltration
  • Auto work and car washing
  • Disposal of swimming pool water
  • Proper management of pet wastes
  • Maintenance of septic systems

Commercial / Institutions

  • Proper lawn maintenance
  • Benefits of stormwater infiltration
  • Building maintenance
  • Winter salting and salt storage
  • Pollution prevention & material storage
  • Waste management and disposal
  • Parking lot management (sweeping)
  • Proper car washing and maintenance

Construction / Developers

  • Sedimentation Control Management
  • Erosion Control Management
  • Low Impact Development
  • EPA Construction General Permit (CGP)

Industrial

  • Equipment inspection and maintenance
  • Storage of industrial materials
  • Pollution prevention & material storage
  • Waste management and disposal
  • Dumpster and solid waste management
  • Winter salting and salt storage
  • Benefits of stormwater infiltration

Distribution Methods

  • Information Brochures
  • Newsletter articles
  • Website - links & downloads
  • Television or radio announcements
  • Information workshops
  • Posts or links on social media
  • Displays

Municipalities must distribute at least two messages over the permit term to each audience, spaced at least a year apart. After evaluation, any ineffective messages or distribution techniques must be modified before distributing the next message. Note that if any of the four audiences is not present in the community then an educational message is not required. The Notice of Intent (NOI) and Stormwater Management Program (SWMP) must document which audience is absent.

 

Resources

Since many educational messages are applicable to multiple communities, municipalities can greatly benefit from cooperating with nearby cities and towns, either through a local community group or regional planning commission to help defray costs and save time. EPA provides some educational and outreach materials here.

 

Budgeting

Compliance costs will vary between communities depending on the size and selected number and types of methods for distributing materials with overall costs estimated at between $2,000 and $19,000 per year, or between 1% and 15% of MS4 budgets. 

Ongoing Activities

Municipalities must document the messages sent to each audience, how it was distributed, and the measures/methods used to assess the effectiveness of the messages and overall program as part of each annual report.

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Minimum Measure 2. Public Involvement & Participation

Basics

Under the new permit, municipalities must annually provide the public with the opportunity to participate in the review and implementation of the Stormwater Management Program (SWMP). Participation opportunities are diverse, and may include items that you’re already doing (refer to the Figure below). 

Municipalities must also make the entire written SWMP Plan and annual reports available to the public during normal business hours. Note that this must include all supporting records relating to the permit. If possible, the municipality must also post it online if a website is available. 

Note that all public involvement and participation activities are subject to Massachusetts General Law (MGL) Chapter 30A, Sections 18 – 25, which in part requires that all meetings of a public body be open to the public. Meeting notifications must be published at least 48-hours in advance of the meeting, and more if a weekend or holiday falls immediately before the meeting. Meeting notifications must generally be posted conspicuously in a public place, typically at the town or city hall.

Resources

Many of the participation opportunities outlined above may be combined with efforts in other communities. For example, HHW disposal events and roadside cleanup events can be performed regionally and implemented either through a local community group, such as a watershed group, or regional planning commission to help reduce costs.

 

Budgeting

Compliance costs will vary between communities depending on the size, number, and types of events held each year with overall costs estimated at several thousand dollars per year, or between 1% and 5% of MS4 budgets.

 

Ongoing Activities

Communities must annually provide the public an opportunity to participate in the review and implementation of the SWMP. Additionally, municipalities should document all public involvement and participation opportunities on an annual basis as part of their Stormwater Management Program (SWMP).

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Minimum Measure 3. Illicit Discharge Detection & Elimination

Basics

Municipalities are required to implement an Illicit Discharge Detection and Elimination (IDDE) program to find and eliminate non-stormwater sources to its storm drain system. This is one of the more costly components of the MS4 permit, comprising between 18% and 28% of compliance costs, and is scheduled to occur over a number of years.

One of the first elements is preparation of a written IDDE Program Plan within the first year. This plan has three primary components:

 

System Mapping

MS4 communities are required to develop a map of their separate storm sewer system in the permit area. There are two mapping phases.

Phase I – Required Within 2 Years

  • Outfalls and receiving waters
  • Open channel conveyances, such as swales, ditches, etc.
  • Interconnections with other storm drain systems
  • Municipally owned structural BMPs
  • Receiving waters and impairments
  • Initial catchment delineations

Phase II – Required Within 10 Years

  • Outfall GPS locations
  • Pipes
  • Manholes
  • Catch basins
  • Sanitary sewer system, if available
  • Combined sewer system, if available

The first phase includes mapping outfalls and receiving waters which you may have done under the 2003 Permit. It also requires delineation of catchment areas that drain to each outfall, using any available system data and topographic information. These catchment delineations need to be refined as more detailed information is obtained from Phase II mapping and catchment investigations.

 

Resources

Much of the initial mapping phase was likely performed under the 2003 permit. As a cost savings option, communities may consider using interns to perform tasks such as GPS mapping. Additionally, some information required for initial catchment delineation, such as topography, may be available through online resources such as MassGIS.  Note that outfalls will need to be revisited for other program requirements to be detailed in a future eNews.

 

Budgeting

Total IDDE Program compliance costs will vary between communities depending on the size of the drainage network and associated factors that dictate dry weather and wet weather sampling. Total IDDE program costs are estimated at 18% and 28% of MS4 budgets, while items outlined under this eNews are estimated at 8% to 17% of MS4 budgets.

 

Ongoing Activities

Maps should be updated with new information as it is collected through program implementation. The progress of mapping must be reported in each annual report.

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