MS4 NPDES Compliance: "Where Will the Funds Come From?"

I recently had a chance to review a memorandum from the EPA’s Office of Enforcement and Compliance Assurance in regard to the Compliance Monitoring Strategy for Core Program and Wet Weather Sources. There are approximately 5,000 National Pollutant Discharge Elimination System (NPDES) Phase II municipal separate storm sewer system (MS4) programs across the nation. After many miles of travel, both on the ground and on the World Wide Web, I have been able to visit and review numerous programs (and some places that still have no programs).

The EPA’s goal over the next seven years is to conduct audits and inspections to determine the compliance of NPDES programs. As you are aware, one size does not fit all, but you have to have a size to evaluate. In light of total maximum daily loads (TMDLs) and their implementation plans, I ponder how all the MS4s measure up against each other and the program requirements. Numerous MS4s have gone significantly further than the minimum requirements and have continuously demonstrated improvements in their programs, while others have barely meet the minimum requirements. I conjecture that when the audits are completed at the end of the period, many local programs will need to evaluate how they will find the funds to achieve the conditions of their permit by the end of round two of the NPDES Phase II permitting cycle.

In my dissertation and research to support the findings, a main focus was on the creation of stormwater utilities and their evolution in conjunction with NPDES permitting. So far, my analysis has fallen short. My prediction model reflected that some 1,500 to 2,000 stormwater utilities would have been established in the first five yeas of the permit cycle. There was one significant factor that I did not apply to the analysis: local governments’ resistance to believe that nonpoint-source pollution would really be taken to the level of point-source control. Many local governments do not have wastewater permits—water authorities do—and, therefore, these local governments have not been exposed to permit conditions.

With the advent of audits and inspections, which are seeking measurable goals to reduce the amount of pollutants in the nation’s waterways, these MS4s will have to redefine their programs to ensure TMDL compliance. I believe the nation will see a significant increase in the number of stormwater utilities in order to fund local programs to meet their permit requirements. Wastewater permits definitely increase rates for compliance, and I suggest stormwater will follow.

With the recalibration of stormwater permits, local MS4s will understand the need for funding requirements to comply with NPDES permitting. Phase II MS4s located in priority watersheds that contribute to the Clean Water Act Section 303(d) and 305(b) listings will have additional permit requirements needed to prevent additional degradation of these water bodies.

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Enforcement orders are just around the corner. Audits will reveal the inadequacies of existing programs. Thus, increased program measures to achieve water quality will include structural and source-control measures, detection and elimination of discharges to the stormwater system, implementation of best management practices, and increased inspection and enforcement.

Current changes to the NPDES business practices will require additional funding. How will local governments react? My best guess is that stormwater utilities will significantly increase in number over the next seven years.                       

Author's Bio: Brant D. Keller, Ph.D., is director of Public Works & Utilities for the City of Griffin, GA. He was instrumental in setting up the first stormwater utility in the state of Georgia. He is a member of Stormwater magazine’s editorial advisory board.