Storm water runoff flows over parking lots and other areas, collects in street gutters and storm drains, and can eventually flow into water bodies with little or no treatment. Carried by storm water, used motor oil, unused paint, pesticides and other household chemicals that have been dumped on the ground or in the street can severely impact nearby surface water.

As part of the Clean Water Act Amendments of 1987, Congress acted to directly address the environmental impact of storm water by adding section 402(p) which required the establishment of a comprehensive two-phased approach to control storm water discharges. In response, EPA issued permit application regulations for Phase I storm water discharges on November 16, 1990. The regulations established the scope of the Phase I storm water program as: discharges associated with industrial activity; and, discharges from large (serving a population over 250,000) and medium (serving a population over 100,000) municipal separate storm water systems.

The regulation established a two-part permit application procedure for large and medium municipal separate storm water systems. This required, among other things, municipal applicants to propose storm water best management programs (BMPs) and effectively prohibit non-storm water discharges from entering municipal separate storm water systems.

The Phase I regulation also addresses storm water discharges associated with 11 categories of industrial facilities. The regulation provided three different options for industrial storm water dischargers to seek coverage under the program, including individual, group and general permit applications.

Of greater concern to small governments, however, is Phase II of the storm water program, effective August 2, 1995, which broadens the scope of the program to include discharges from municipal separate storm sewer systems serving populations of less than 100,000.

Do the Storm Water Program Regulations Apply To Your Community?

Yes. Under Phase I, storm water discharge permits may already be required if your community has any of the following classes of facilities that may discharge storm water associated with industrial activity:

• Hazardous waste treatment, storage or disposal facilities.
• Landfills, land application sites and open dumps that receive industrial wastes.
• Recycling facilities, including metal scrap yards, battery reclaimers, salvage yards and automobile junkyards (classified as Standard Industrial Classification (SIC) codes 5015 and 5093 only).
• Steam electric power generating facilities (including coal handling sites).
• Transportation facilities classified as SIC Codes 40, 41, 42, 44, and 45 (including vehicle maintenance, equipment cleaning and airport deicing areas).

Under Phase II of the storm water program, storm water discharge permits are also required for municipal separate storm sewer systems serving a population of less than 100,000. In addition, Phase II contains a catch-all provision that extends the coverage of the storm water program to any discharges composed entirely of storm water that are not already covered under Phase I.

Actions Your Community Should Be Taking

If your community owns or operates a landfill, airport, power plant, construction activity, or other Phase I industrial facility, you need to determine if any storm water permits are required. The state or EPA contacts will be able to assist you in determining which facilities need permits, what type to apply for (general, group, or individual), and how to apply for them. At this point, Phase I dischargers in your community should have applied for coverage under a discharge permit and, in most cases, permits should have already been issued.

If your community operates a municipal separate storm water system, and has been determined by the NPDES permitting authority to be contributing to a water quality impairment or to be a significant contributor of pollutants, then your community will be required to apply for a permit within 180 days of receipt of notice from the permitting authority. The NPDES permitting authority may be either a state, Indian tribe, or EPA.

Otherwise, your community's municipal separate storm water system will not be required to apply for a storm water discharge permit until August 2, 2001 (Note: EPA is currently considering changes to the Phase II regulatory program that would eliminate the permit requirements for Phase II dischargers). These application deadlines also apply to Phase II dischargers covered by the catch-all provisions of the rule.

To increase community awareness of the relation between the storm sewer system and local lakes, streams, rivers, estuaries or other water bodies, you should develop an information and education program for local residents.

You should also consider establishing local ordinances to control the improper disposal or discharge of pollutants into the municipal storm water sewer system.

Additional Information

The Storm Water Program regulations can be found in Title 40 Code of Federal Regulations Parts 122 and 124.

For additional information, contact the EPA Storm Water Hotline. Telephone: 703/821-4823.

(See Resource Section for water contacts)