Industrial Stormwater Management Programs
Successfully meeting new regulatory challenges
Monday, February 28, 2011
By Sandra Tice
Industrial stormwater management differs from the types of municipal stormwater management programs that Stormwater magazine usually focuses on. Here, we take a closer look at two examples of industrial stormwater programs that are being done well, including one at the state level and another at the facility level.
Preventing contaminants from reaching stormwater and reducing pollutants at the source are two of the primary goals for industrial facilities in their ongoing commitment in protecting water quality. Two years ago, EPA introduced a new Stormwater Multi-Sector General Permit (MSGP), mandating industrial facilities to implement and maintain site-specific stormwater control measures and to develop a stormwater pollution prevention plan (SWPPP). The MSGP for industrial stormwater covers those states that don’t have their own programs. Through federal and state actions, EPA has controlled more than 48,000 individual industrial facilities and thousands more through general permits.
At the state level, a prime example of an industrial stormwater program that is meeting new federal and state regulatory challenges head-on is the Minnesota Industrial Stormwater Program (MISP), which falls under the Minnesota Pollution Control Agency (MPCA). As of April 2010, Minnesota issued a new permit with a number of critical changes. One of the biggest changes is that the permit regulates industrial stormwater discharges related to 29 industrial sectors, where there are specific permit requirements for specific sectors.
Melissa Wenzel, a state inspector for the program, addresses some of the current challenges at the state level. For the past three years, she has acted as the outreach and education coordinator, with the specific goal of providing help with compliance. Her prior background placed her on the front line at the state environmental agency’s call center, where she spent five years answering technical questions both by phone and e-mail. “We are helping folks solve problems before they become bigger problems,” she says.
 |
Photos: Minnesota Industrial Stormwater Program
Top: Rain garden at the University of Minnesota
Below: Covered storage for road salt |
 |
The MPCA looked to other existing state industrial stormwater programs to help identify specific steps that could be taken at the state level to help formulate the new program, with the goal of providing better guidance and recommendations for assessment and performance measurements, and for effective maintenance of stormwater treatment practices. The agency carefully examined new ways to help industrial stormwater permit applicants maneuver through the permit process to ultimately improve both compliance and end results.
“While the new permit requirements were under development, we seized the opportunity to look at a number of other state programs to identify their existing benchmarks and trends, as well as examining their Web sites to see which jurisdictions were reissuing permits, and to follow their history of compliance,” explains Wenzel. “We were especially interested in finding examples of simple messages that could be adapted for our Minnesota target audience and used for our new outreach program.”
During the summer of 2010, some of the factors the agency looked at while formulating the new state best management practices (BMPs) were identifying the best ways to eliminate or reduce pollutants prior to stormwater contact through a pollutants-based approach; helping industries identify the direct link between the activity of discharging and how that directly affects water quality; and focusing on BMP planning with a comprehensive “start to finish” approach. “People genuinely seem to appreciate the idea that stormwater guidelines for BMPs exist,” notes Wenzel, adding that Minnesota has become a leader in developing innovative ways to present easy-to-access, user-friendly information, and has created one of the only industrial stormwater BMP guidebooks in the country for industrial stormwater planning.
There are numerous other planning tools readily available online, such as the informational checklist, “14 Steps to Industrial Stormwater Compliance.” Wenzel says, “Permittees can begin here to look at compliance. Within this document, they’ll find help for staff training and assistance in monitoring preparation. The help is there, in person and online, for any of the types of questions that may arise, and they can access that help by phone, e-mail, face-to-face contact, or even through things like reading current articles in our quarterly newsletter, which covers topics like the latest in compliance or new regulatory changes. Stormwater monitoring is a hot topic right now. We give credit to all of the 49 states’ Web sites we looked at, and although a 208-page permit may seem daunting, it actually makes a lot of sense. The ‘14 Steps’ checklist is a great starting point.”
The last state permit expired back in 2002, and since that time, Wenzel says, industries have not had monitoring requirements. “One of the major difficulties we have had to face has to do with the timelines and deadlines in phasing in of the new permit applications. The first one-third of applications faced deadlines in June 2010, another third in August, and the final third in October 2010. It has been a challenge to identify who is missing from these targets, why they are missing, and how we effectively target them. We need people to apply now. We are trying to get the word out in several different ways—through the newsletters, through trade associations, the Web site, press releases, and our hotline; we want to reach everyone.”
Economic Pressures
Wenzel says the downturn in the economy hasn’t helped. “Everyone has faced a challenging economy during the last few years,” she notes. “But as we work through contacting and educating each of these target audiences, we point out that there is a carrot—and a stick. If they place their material and activities under cover, or indoors, they may not even need the permit, so there is no fee. Our goal is to get facilities that are required to apply for permit coverage to do so, and to follow up with targeted enforcement early next year.”
The state has created a few helpful new compliance tools, including a “How to Choose Benchmark Monitoring Locations” pamphlet and a video. That video shows inspection staff out in the field in three different scenarios, indicating where to choose monitoring locations at different types of industrial facilities. There is also a useful manual titled “Monitoring Guidance Manual for Minnesota’s Industrial Stormwater Multi-Sector General Permit” available on MPCA’s Web site.
“In terms of technology, we are working toward improvements in transparency and e-services,” adds Wenzel. “In April 2010, four states allowed e-submissions for their permits, and we became the fifth. This is an online application process, where applicants can electronically send in all of their permit application information to us. This has the added benefit of improving data management—it’s live, it’s there, it’s real, and we (and the permittee) can access the data easily and effectively.”
Through its public education program, the MISP strives to share information in a multitude of ways, whether through partnering with other stormwater expert to provide compliance training, presentations to industry-related trade associations and their consultants, Web-based fact sheets, a video, a quarterly e-mail newsletter, or other methods. Wenzel says it can be something as simple as handing out a business card, a small physical “take-away” for people to contact staff easily and directly.
 |
Photos: Port of Long Beach
The port of Long Beach collects stormwater samples from representative land-use areas. |
The Biggest Challenge
“Monitoring may be the biggest challenge for industries, as well as finding ways to meet the requirements as outlined in the new permit,” says Wenzel. “Although the new document itself is longer, it’s broken down for industries sector by sector. It is quite unique to have this specificity within the permit, and it actually makes a lot of sense to have it divided up by industry type.”
Another challenge is Minnesota’s geographic characteristics, which Wenzel says needed to be considered as the agency it moved forward with the new permit, using the EPA’s Multi-Sector General Permit as a base. “In our state, we are constantly aware of our 12,000-plus lakes and the pristine groundwater that supplies 70% of our population with drinking water,” she explains. “And we wanted to develop our program so that the monitoring results are attainable, and not so stringent that no one could pass, and at the same time ensure that the targets were still meaningful.
“We looked at other states like Washington, which has both drier and wetter regions, similar to ours. Our own climate with cold winters was also an area we needed to consider here in terms of sampling. The permit calls for quarterly stormwater sampling, but in some areas it’s not always possible to take a sample when everything is frozen solid, so we needed to ensure flexibility while still maintaining teeth to the requirements.”
Not everything is black and white, and in some cases there may be overlaps between local and industrial programs that can cause confusion. This might occur when an industrial facility is within city boundaries, or when a single total maximum daily load (TMDL) affects multiple permittees. Municipalities have their own separate permits, municipal separate storm sewer systems (MS4s), and management practices for discharge including stormwater ponds, streets, and how to deal with runoff on those streets. In these types of instances, industrial permittees may ask, “Am I being double regulated?”
“This is the case especially where there are both construction activities and industrial activities within a municipality. Each permit regulates a specific type of discharge,” explains Wenzel. “Also, the TMDL tries to take the total discharge into consideration and be aware of who’s contributing to it. We are reaching a point where inspectors from different departments are out in the field, and when they come across situations like these, they contact us if there seems to be an overlap. We are working hard to address situations where this might occur.”
According to Wenzel, there are two waves of issues—first, who and what is regulated, and second, what is the sampling procedure and what are the sampling requirements? To answer these questions, the Minnesota Industrial Stormwater Program tries to provide guidance and information. It has already received over 7,000 phone calls since April 2010, to which it responds with applicable training and guidance materials.
For Wenzel and the program, the proudest achievement to date is the number of permits now being issued with the new requirements. “The MISP is meeting the challenges through its outreach materials, and making it easier for industries to comply on their own. In many cases they do not have money for consultants, but we have created many tools to help them. They seem to be responding very well to this. We worked really hard to be known for our responsiveness, and, based on the calls we are receiving, folks seem appreciative of how we’ve worked hard to work with them.”
Last year, the program was recognized for its efforts with an internal award from the MPCA in conjunction with industry representatives, for a job well done in balancing environmental concerns with industry needs.
The MPCA also has a self-auditing program, whereby facilities may give recognition to themselves. It requires that the organization be in compliance and have a good, solid environmental history. Other recognition programs that acknowledge exceptional compliance efforts include the Minnesota Green Star program, the Minnesota Governor’s Awards, Pollution Prevention Recognition, and the Minnesota Waste Wise Awards.
Noncompliance
For companies that don’t comply with Minnesota’s new requirements, potential penalties can be a deterrent. The penalties vary depending on a number of things, including:
- the risks a violation poses to public health or the environment
- whether the violation was an isolated incident or part of a pattern of violations
- * the damage the violation caused to natural resources
- * whether the violation was intentional or accidental
- how quickly a violation was reported to the appropriate authorities
- whether a business gained an economic benefit from the violations
- how prompt and cooperative the party was in correcting the problem
Past penalties for stormwater violations have ranged from as little as $500 to over $80,0000.
Making It Happen
Wenzel says that in addition to receiving support for the program from numerous environmental, local, state, and federal agencies, MISP partners with the University of Minnesota for external training. The university has a wealth of information on its Web site and contributes to the success of the stormwater management programs.
“In the future, we hope to see more conferences and training opportunities working with government agencies and industries,” adds Wenzel. “Training and education is key, and that type of face-to-face contact is important. As stormwater conferences expand, we want to be there, and we want to present to new audiences.”
Wenzel sums up the program with pride: “We are working hard to encourage applications for stormwater management permits. I have a great job and really good people to work with, and we are finding folks do really want to comply. We’re here to help, and they seem to appreciate that.”
From the Midwest to the California Coast
In California, the Port of Long Beach is actively involved with the Port of Los Angeles, the EPA, and the state’s Regional Water Quality Control Board. Together they are responsible for stewardship of Long Beach Harbor. The Port of Long Beach is a landlord port; most of the land in the Harbor District is owned by the port and leased to different tenants who operate terminals that import and export goods. The vast majority of the land at the port is devoted to container terminals; however, non-containerized goods including coal, salt, gypsum, oil, and cement, as well as automobiles and break bulk shipments, are also shipped through the port.
The port’s stormwater discharges are covered under the General Industrial Stormwater National Pollutant Discharge Elimination System (NPDES) permit issued by the California State Water Resources Control Board. The port filed one Notice of Intent under this permit to discharge stormwater from 50 active industrial facilities at the port, a watershed-based approach to stormwater permitting. There are several advantages for the participating facilities, as the port handles all of the administrative requirements including applications, fee payments, stormwater monitoring, and annual reporting as a service to its tenants.
James Vernon, an environmental specialist who has spent five years at the Port of Long Beach and has an additional five years of experience as a consultant for stormwater and water-quality projects, says, “The Port of Long Beach is a very unique environment where there is something new and different happening all the time. That’s what keeps it interesting and challenging.”
It is the second busiest port in the US and, if combined with the Port of Los Angeles, is the sixth-busiest port complex in the world, as well as being the largest port outside of Asia, handling 11.8 million total TEU (20-foot equivalent units) annually, following Singapore (25.9 million TEU); Shanghai (25 million); Hong Kong (21 million); Shenzen, China (18.2 million); and Busan, South Korea (11.9 million). The Port of Long Beach encompasses 3,200 acres of land and has a stormwater system comparable in size to a small city. That includes 1,400 catch basins, 91 miles of stormwater pipes, and 30 pump stations.
The Port of Long Beach operates a regional stormwater monitoring program, with 21 end-of-pipe sampling locations at outfall points discharging from a representative sample of land uses in the Harbor District. Ambient sampling data is also collected from 10 sampling sites in the receiving water 24 hours after a rain event, which Vernon says provides more data. “What we’ve been seeing from this data is good news,” he explains. “The receiving water in the harbor is actually cleaner than we thought it would be. The port has installed automated sampling equipment designed to collect samples in a safe manner and compiles inspection and sampling results annually that are included in an annual report to the Water Board.”
Regular Inspections
Port tenants undergo regular inspections by port staff to ensure their facilities are clean—and that SWPPPs, training, and self-inspections are all up to date. Being a good landlord brings with it a set of challenges in the high-volume port setting, with very busy tenants. Vernon explains, “We are all trying to be compliant. We want to ensure our program runs smoothly and we try to reduce the compliance burden to our tenants. It is a significant investment in time and money, but it is a service to our tenants, and they see the value in cost savings.”
Seven employees are involved with implementing and managing the port’s stormwater programs, including two full-time environmental specialists and five terminal service reps out in the field, who consistently liaise with tenants on a wide range of port issues, including stormwater. The terminal services representatives are constant “eyes and ears” in the field that can identify potential stormwater issues and relay them back to the environmental specialists.
“As part of our inspection/education and outreach program, we will head out right before the rainy season to check on compliance with the permit,” adds Vernon. “We are looking to see if BMPs are being properly implemented and effective, and we help facilities find ways to operate in a more green manner. Having this type of spot inspections helps, and it gives us a chance to give the tenants a hand and to see how well we are doing.”
The team looks for any of the major pollutants that might come in contact with the stormwater system such as trash, sediment, hydrocarbons, heavy metals including zinc, copper, and lead (all of which are toxic to marine life), and pesticides. While onsite, they try to address any concerns or challenges the tenants may have.
In addition to the training each tenant is responsible for providing to its employees, the port offers training once a year to tenants, including updates on regulatory changes. This training takes the form of two-hour refresher courses, where tenants learn essential information that they can use to train their employees, have access to a video library, and learn how to fill out required forms and proper ways to handle hazardous waste. The public can also learn about the program at the annual Green Port Festival, which takes place every October. Everyone is invited and this past year it attracted over 7,000 attendees.
“We are now seeing an improvement in terms of significantly less trash, and we are seeing less and less each year,” notes Vernon. “And there is a great improvement in the water quality. Just to give you an example, in the 1950s there was very little oxygen content in some of the dead-end slips of the port, but today, oxygen levels have returned to normal for a marine environment. In just a couple of decades, things have really turned around.”
Vernon is not the only one who has noticed the improvements. In May 2002, the Port of Long Beach received the Most Improved Permittee Water Quality Award from the Los Angeles Regional Board, and in the same year it received a Certificate of Recognition for the Master Storm Water Program from California assembly member Sally Havic. And in June 2010, the Water Resource Action Plan was awarded an honorable mention from the American Association of Port Authorities for Comprehensive Environmental Management.
Vernon says that the past achievements are significant, but looking forward there is a great deal more work to do. “There has been a tremendous amount of work going into addressing upcoming regulatory changes associated with the Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters TMDL,” he says. “The Regional Board and the EPA are developing the TDML now and seeking input from all of the relevant stakeholders, developing computer models, and gathering comments. We know there is a draft coming in the next few months, and we anticipate many regulatory changes in the Harbor District due to the TMDL. Basically, there will be changes in regulations, and that will affect the entire stormwater program, but we don’t know exactly what those changes will be. But we will most likely be looking at more aggressive reductions to our pollutant loadings.”
He adds, “The Port of Long Beach has not had any violations or resultant fines for the past five years, possibly longer. The EPA conducted its audit in 2007 and found most of our facilities were in compliance. Notices were given to seven program participants, but corrective actions were taken as the port took the lead to address these issues, and no fines were issued.”
The potential penalties for any noncompliance that may be found under the Clean Water Act could include fines of as much as $10,000 per day and could easily reach over $150,000.
New Technology and Trends
Some of the port’s newest technology related to stormwater includes automatic retractable screens that were recently installed at stormwater catch basins to keep trash out of the stormwater system. Many vortex separation units have also been installed throughout the port and are designed to separate sediment, oil, and trash into a central sump where the contaminants can be sucked out using a vacuum truck.
Another trend the port has been working toward is adding more low-impact development (LID) features to the site. This includes integrating innovatively designed landscape features such as bioswales and using new products like permeable pavement to help reduce the amount of stormwater coming off roadways and other impervious surfaces and infiltrate it into the soils on the site.
An LID pilot program has also begun, which will test the effectiveness of biofiltration through strategic plantings of drought-tolerant, California-native trees. These trees are placed in tree boxes, which help filter out heavy metals, trash, sediment, and other contaminants and reduce the volume of stormwater as the tree is watered.
The port uses GIS, which is continually upgraded, providing more data and using newer technology. The GIS is used to store data regarding the location of stormwater infrastructure and structural BMPs, monitoring data, sampling locations, and BMP maintenance. It is used to track pollutants detected in the port’s monitoring program upstream, as well as for spill response. Vernon says, “We continually try to improve our monitoring data and how we access it, as our efforts are only as good as our data.”
Vernon credits Port of Long Beach’s director of environmental planning, Rick Cameron, with much of the program’s success, noting that Cameron has been involved with the stormwater program since its infancy as he set up the program and has been with it every step of the way. He also notes that Robert Kanter, managing director of environmental affairs and planning, was instrumental in developing the program.
Vernon says the Port of Los Angeles is a close partner, and it collaborated to develop the Water Regional Action Plan (WRAP). The WRAP is a comprehensive effort to target remaining water and sediment pollution sources in the San Pedro Bay. The WRAP incorporates new water-quality programs while continuing the many water-quality initiatives already under way at both ports.
Other key partners include Marine Biology Consultants Inc., which provides analysis for the monitoring program, and Dive Corp., which assists the Port of Long Beach in locating unauthorized non-stormwater discharges. The port also works closely with the Regional Board through ongoing collaboration, and Vernon stresses the importance of being able to bounce ideas off of each other.
He says that the EPA audit has also been extremely helpful. “Through that process, the EPA constructively pointed out areas needing improvement, providing a chance to enhance the stormwater program, and as a result giving more protection to water quality.”
Vernon stresses that key elements are source control, pollution prevention, and good housekeeping practices, and the port program focuses on these as the least expensive and easiest solutions to keep stormwater out of contact with pollutants.
For anyone wanting to operate a successful stormwater facility management program, Vernon advises, “Continually assess your program for lessons learned and know what the potential problems might be. This is something we have been working on since day one, and we have seen that self-audits really do help. Most importantly, be aware of any regulatory changes affecting you, and don’t let your program get static.”
Author's Bio: Sandra Tice writes frequently on topics related to industry and manufacturing. |
Advertisement]