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SWM-PS 990617Regional Strategy for Managing Storm Water Quality in North Central Texas North Central Texas Council of Governments Adopted on [Future Date] The North Central Texas Council of Governments is the state - designated water quality management planning agency for the urbanized portion of the Dallas — Fort Worth Metroplex. For the past thirty years, NCTCOG has conducted an active planning and services program with its 200 member local governments on water quality issues. Since 1989, NCTCOG has worked with the seven largest cities and two TxDOT districts in the region to develop and implement a regional strategy to address the 1990 National Pollutant Discharge Elimination System ( NPDES) Phase I Rule for storm water. Storm water runoff has become the Focus of many nation -wide regulatory efforts to address remaining water quality problems. Original NPDES efforts to improve water quality through reducing pollutants in industrial wastewater and municipal sewage treatment plant discharges have been very successful, but failure to meet water quality standards continues to be a widespread problem. Storm water runoff from urban areas and agricultural land has been determined to be a major cause of water quality impairment, including the inability of surface waters to meet their state - designated uses to support recreation, aquatic life, and domestic water supply. An expanded, watershed - based, regional effort is now underway to include the additional cities and counties in the Dallas - Fort Worth- Denton urbanized area than are impacted by emerging regulations for storm water, total maximum daily loads (TMDLs), and drinking water source water protection initiatives by state and federal agencies. On the recommendation of the Regional Storm Water Management Coordinating Council, NCTCOG's Executive Board adopted this strategy. Policy Position on Managing Urban Storm Water Quality Local government agencies; in North Central Texas are dedicated to protecting the region's waters by addressing both the quantity and quality of storm wafer runoff from urban areas. The agencies within the urbanized areas of this region are committed to implementing a cooperative and comprehensive program to manage storm water runoff to maximize the utilization of the region's lakes, streams, and rivers for drinking water supply, recreation, fish and wildlife habitat, and economic opportunity. State and Federal Mandates to Address Urban Storm Water Quality In addition to this Policy, the Regional Strategy is designed to address the following statutory requirements regarding urban storm water quality: Section 402(p) of the Clean Water Act, NPDES Phase I and Phase II Rules — Phase I, initiated in 1990, requires municipalities of 100,000 population or greater to obtain permits for their separate storm water systems. Phase II is designed to address storm water discharges from the separate storm water systems of jurisdictions within urbanized areas having population under 100,000 and other jurisdictions designated by the EPA. These rules require regulated municipalities to develop management programs to reduce the discharge of pollutants from their separate storm water systems to the "maximum extent practicable." The Texas Natural Resource Conservation Commission ( TNRCC) has assumed delegation of the storm water program from EPA and will continue to develop state regulations under the Texas Pollutant Discharge Elimination System ( TPDES) program. Section 303(d) of the Clean Water Act — requires states to: 1) identify and list waters that do not meet water quality standards, 2) establish priority rankings for the waterbodies listed, and 3) develop total maximum daily loads (TMDLs) for targeted waters, taking into account the severity of the pollution and the water useage The TNRCC has included stream segments in the NCTCOG region on the 303(d) list and is addressing these segments through TMDL development, targeted monitoring, special water quality studies, and source water protection efforts. Safe Drinking Water Act Source Water Protection — requires each state to develop a source water assessment and protection (SWAP) program which: (1) delineates the boundaries of the areas providing source waters for public drinking water systems, and (2) identifies (to the extent practicable) the origins of regulated and certain unregulated contaminants Final Draft -June 17, 1999 in the delineated area to determine the susceptibility of public water systems to such contaminants. Public water systems may be required by TNRCC to implement a mandatory Best Management Practice (BMP) program or to pursue regulatory options to control nonpoint source contamination of surface waters within the designated area should voluntary BMP efforts and education programs fail. Section 319(h) of the Clean Water Act — requires states to address water pollution by developing nonpoint source pollution assessment reports that identify nonpoint source pollution problems and the sources responsible for the water quality problems. States must then develop watershed management programs to control nonpoint source pollution. Section 26.177 of the Texas Water Code — requires cities with 10,000 inhabitants or more, where water pollution attributable to non - permitted sources in the city has been identified, to establish water pollution control and abatement programs. The TNRCC will use water quality assessment studies such as those conducted through the Clean Rivers Program, the State Water Quality Inventory, and the TMDL process to identify problem watersheds. Targeted cities are responsible for the "development and execution of reasonable and realistic plans" to control storm water discharges and urban runoff. Cities must also develop an inventory of all significant waste discharges (permitted and non - permitted) into and adjacent to water within the city, and conduct regular monitoring of such discharges. Goals The goals of this expanded Regional Strategy for Managing Urban Storm Water Quality are to: • protect the health and welfare of citizens and the environment • effectively address state and federal regulations • foster regional cooperation and share professional knowledge and experience • lessen the expenditures of each local government by conducting cooperative activities wherever possible • facilitate the collection and distribution of information to agencies • provide training to governmental staff and the development community • negotiate as one collective entity with the! EPA and state • facilitate consistency in the collection and interpretation of water quality data • identify "regionally appropriate and cost effective" Best Management Practices • achieve proportionate share of pollution reduction among all pollutant contributors in a watershed • reserve implementation decisions for each governmental agency. Cooperative Initiatives Local governments, through the North Central Texas Council of Governments, will implement this Regional Strategy by developing and implementing, to the greatest extent possible, a cooperative program comprised of the following major elements: Local Government Participation and Oversight Guidance for the development and implementation of the regional program is provided by the Regional Storm Water Management Coordinating Council ( RSWMCC), an advisory body comprised of local government officials. The membership structure of the Council is designed to be representative of the various sizes of communities and the geographic distribution of entities among regionally defined watersheds. Through the regional program, roundtable discussions are held in each watershed to provide an opportunity for exchange of information between program participants, RSWMICC members, and NCTCOG staff. RSWMCC members are then able to reflect the interests of their watershed in regular meetings held to guide the regional strategy. In addition, regular forums are conducted to provide information to all participants and other interested parties on special topics, including specific elements of the regulations. Regional Storm Water Resource Center The field of storm water quality management is relatively new and is changing continuously. In order for governmental agencies to make unformed decisions, they must have access to cutting -edge information from Final Draft —June 17, 1999 around the country, as well as information on what their neighbors are doing. In addition, agency staffs need to be able to effectively communicate proposed policies to their managers, councils, and the public. Resource Center staff at NCTCOG could research, acquire, and catalog storm water management information including manuals, guidebooks, public education materials, reports, and articles, as well as drainage criteria manuals and storm water management programs from regulated cities. Local governments in the region could be periodically surveyed on their storm water management programs and the findings would be reported to local agencies. The Resource Center could maintain an updated Internet presence and provide custom - generated maps, charts, and other presentation materials to participants. AMPublic Participation in Program Development Involvement of the public iin the development of programs to control the quality of storm water is important to the ultimate success of the programs. Individual citizens, members of the development and construction community, representatives of environmental organizations, and representatives of other civic and interest groups need to be given the opportunity to participate in the program formulation process. A concerted effort could be undertaken to identify and inform interest groups throughout the Metroplex of the efforts underway. Stakeholders could be invited to fully participate at the watershed meetings, attend regional forums, and to provide comments at meetings of the RSWMCC. When appropriate the RSWMCC and NCTCOG staff could provide their expertise to participating members who wish to hold public meetings in their communities to get local input on development of their local requirements. MOPublic Education Education of the public on the impact of their everyday activities on the quality of storm water is a key element of the storm water prograrn. Citizens must be made aware of the potential hazards associated with their household practices. Education on the proper usage of lawn and garden, household, automotive, and pool chemicals and proper disposal of these household hazardous wastes could be major elements of the public education program. In addition, non - permitted commercial, institutional, and industrial entities whose operations could have a significant impact on storm water quality also need to be informed of their potential impacts and practical ways to mitigate these impacts. Opportunities abound to reach citizens and businesses throughout the Metroplex in a coordinated program. Regional education and outreach programs can be more economical and effective than initiatives by individual agencies. Public: outreach activities to be promoted through the regional program could include radio and television campaigns, public service announcements, video production, outreach programs at schools, health fairs and festivals, brochure and flier development, web site development, and others. - - Control of Construction Siite Storm Water Runoff Construction activities can have a major impact on the health of the ecosystems of our streams, rivers, and reservoirs. Sediment carried from construction sites by storm water runoff is deposited on the bottom of streams and rivers, and collects in reservoirs, reducing their storage capacity. Practices to control the runoff of sediment and other pollutants from construction sites have proven to be effective and are gaining acceptance in the construction industry as the EPA and many local governments implement runoff control requirements. As with any other aspect of the construction process, uniformity of policies to control storm water runoff from construction sites throughout the Metroplex is very beneficial to contractors, developers, and engineers who often work in many different communities. Regional uniformity also strengthens the position of the region as a whole to compete with other areas of the country. The regional' program could continue to offer training classes to local government storm water inspectors. This training program developers, engineers, and contractors involved in construction act g t es inorderr to ed ca educate the private sector on runoff control techniques. The Construction BMP Manual, which is recommended for adoption by all jurisdictions, could be periodically updated to reflect the latest changes in construction Best Management Practices. Additional materials such as a model ordinance for control of storm water from construction activities could be developed. Management of Storm Water Impacts associated with Development In addition to the temporary impacts of construction activities on the quality of storm water, development of land typically causes permanent impacts on both storm water quantity and quality. The amount of runoff from developed land will generally exceed that of undeveloped land and has been shown through the DFW Final Draft — June 17, 1999 regional monitoring program to contain higher levels of pollutants such as oil and grease, metals, nutrients, and sediment. Reducing the amount of pollutants in storm water discharge at the source through proper planning and design is often more efficient and cost - effective than trying to address polluted storm water after it has entered the storm sewer system. The impact of development has been addressed in other regions of the country through 1) source controls such as reducing impervious surface, using natural drainageways instead of concrete channels, and maintaining buffers along streams; and 2) treatment controls such as ponds or basins for large developments. There are at least three key areas where local governments, working cooperatively and with the private sector, could improve their own development management processes to integrate storm water quality and quantity goals : 1) comprehensive planning, where storm water quality and quantity are addressed together as part of the overall long -range planning process of each community; 2) development policies and standards, where the full range of local requirements from building codes to subdivision rules are re- examined; and 3) capital improvements programming and impact fees, where local governments themselves are "developers" of the community infrastructure. Illicit Discharge Detection and Elimination Discharges from storm sewers often include waste from non -storm water sources, including improper or illegal connections from homers or businesses and infiltration of flow from broken sewer mains. Illicit discharges are so -named because storm sewers are not designed to accept and process raw sanitary wastes or discharges of wastewater from automobile service stations, car washes, or light industrial facilities. The regional program could assist local jurisdictions in the detection and elimination of illicit discharges through the following: 1) technical assistance in mapping major storm sewer outfalls (geographic information system (GIS) and global position system (GPS) training and support); 2) technical assistance in detecting illicit discharges in dry weather flows (field- screening training and support); 3) tracking of citizen complaints through the Stop Illegal Dumping regional hotline 4) development of a model ordinance to prohibit illicit discharges; and 5) assistance with education of the public on the hazards associated with illegal discharges (to be addressed as a component of the public education measure described above). Municipal Pollution Prevention ° Local governments must lead by example if they are to succeed in changing the practices and habits of businesses and residents. Toward this end, the goal of governments must be to prevent or reduce pollutant runoff from municipal operations including streets, highways, municipal parking lots, maintenance facilities, storage yards, and waste transfer stations. Agencies must also remove floatables and other pollutants discharged from storm sewers and develop procedures for proper disposal of those wastes. Through the regional program, a regional guidance manual could be developed, to be adopted by individual entities, which would provide for cost - effective control of pollutants from a wide range of municipal operations. In addition, a training program and educational materials could be developed for training municipal /agency employees on the requirements and resulting benefits of the pollution prevention program. Regional Cooperative Monitoring Information on the quality of storm water discharges and receiving waters is the most definitive method for e' °a apa, determining the success of a storm water management program. Baseline water quality data prior to implementation of the program followed by periodic and strategic monitoring provide a measure of program performance. Several monitoring efforts are currently underway, including the Phase I regional monitoring program and Trinity River Authority sampling under the Clean Rivers Program. The Phase I regional monitoring program is one of the most extensive storm water quality monitoring programs in the nation and provides the needed baseline information. Continuation of this program would serve to document management program effectiveness. The regional program could also facilitate the sharing of monitoring data among government agencies by fosterincl cooperation in the sample collection, quality assurance protocols, and analysis of water samples. Final Draft — June 17, 1999 Expanded Regional Strategy for Managing Storm Water Quality in North Central Texas North Central Texas Council of Governments Adopted on [Future Date] The North Central Texas Council of Governments is the state - designated water quality management planning agency for the urbanized portion of the Dallas — Fort Worth Metroplex. For the past thirty years, NCTCOG has conducted an active planning and services program with its 200 member local governments on water quality issues. Since 1989, NCTCOG has worked with the seven largest cities and two TxDOT districts in the region to develop and implement a regional strategy to address the 1990 National Pollutant Discharge Elimination System ( NPDES) Phase I Rule for storm water. Storm water runoff has become the focus of many nation -wide regulatory efforts to address remaining water quality problems. Original NPDES efforts to improve water quality through reducing pollutants in industrial wastewater and municipal sewage treatment plant discharges have been very successful, but failure to meet water quality standards continues to be a widespread problem. Storm water runoff from urban areas and agricultural land has been determined to be a major cause of water quality impairment, including nonattainment of designated uses. An expanded, watershed - based, regional effort is now underway to include the additional cities and counties in the Dallas - Fort Worth- Denton urbanized area that are impacted by emerging regulations for storm water, total maximum daily loads (TMDLs), and drinking water source water protection initiatives by state and federal agencies. On the recommendation of the Regional Storm Water Management Coordinating Council, NCTCOG's` Executive Board adopted this strategy on [Future Date]. Policy Position on Managing Urban Storm Water Qu The North Central Texas waters through the impler water runoff from urban lakes, streams, and rivers wildlife habitat, and to sup State and Federal Mandates to )vernments'rs pledged to the protection of the region's comprehensive program to address the quality of storm purpose of-ensuring the fullest public enjoyment of its hated uses of drinking water supply, recreation, fish and my of the region. Storm Water Quality In addition to this Policy, the Regional Strategy is designed to address the following statutory requirements regarding urban storm water quality: Section 402(p) of the Water Pollution Control Act NPDES Phase I and Phase II Rules — Phase I, initiated in 1990, requires municipalities of 100,000 population or greater to obtain permits for their separate storm water systems. Phase II is designed to address storm water discharges from the separate storm water systems of urban municipalities with populations under 100,000 and other designated municipalities. These rules require regulated municipalities to develop management programs to reduce the discharge of pollutants from their separate storm water systems to the "maximum extent practicable." The Texas Natural Resource Conservation Commission ( TNRCC) has assumed delegation of the storm water program from EPA and will continue to develop state regulations under the Texas Pollutant Discharge Elimination System ( TPDES) program. Section 303(d) of the Water Pollution Control Act — requires states to identify and list waters that do not meet water quality standards, to establish priority rankings for the waterbodies listed, and to develop TMDLs for targeted waters, taking into account the severity of the pollution and the uses to be made of the waters. The TNRCC has included stream segments in the NCTCOG region on the 303(d) list and is addressing these segments through TMDL development, targeted monitoring, special water quality studies, and source water protection efforts. TNRCC could implement corrective measures through a program consisting of federal, state, and local non - regulatory or incentive -based elements or they could require modifications to local regulations or ordinances related to zoning, land use, and storm water runoff to meet water quality standards. Draft — February 4, 1999 Safe Drinking Water Act Source Water Protection — requires each state to develop a source water assessment and protection (SWAP) program which: (1) delineates the boundaries of the areas providing source waters for public water systems, and (2) identifies (to the extent practicable) the origins of regulated and certain unregulated contaminants in the delineated area to determine the susceptibility of public water systems to such contaminants. Public water systems may be required by TNRCC to implement a mandatory Best Management Practice (BMP) program or to pursue regulatory options to control nonpoint source contamination of surface waters within the designated area should voluntary BMP efforts and education programs fail. Section 319(h) of the Water Pollution Control Act — requires states to address nonpoint pollution by developing nonpoint source assessment reports that identify nonpoint source pollution problems and the nonpoint sources responsible for the water quality problems. States must then develop management programs to control nonpoint source pollution. Section 26.177 of the Texas Water Code — requires cities with 10,000 inhabitants or more, where water pollution attributable to non - permitted sources in the city has been identified, to establish water pollution control and abatement programs. The TNRCC will use water quality assessment studies such as those conducted through the Clean Rivers Program, the State Water Quality Inventory, and the TMDL process to identify problem watersheds. Targeted cities are responsible for the "development and execution of reasonable and realistic plans" to control storm water discharges and urban runoff. Cities must also develop an inventory of all significant waste discharges (permitted and non - permitted) into and adjacent to water within the city, and conduct regular monitoring of such discharges. Goals This Regional Strategy for Managing Urban Storm Water Quality is intended to achieve the following goals: • to improve and maintain the quality of the region's streams, rivers and-lakes, as stated in the Policy Position • to foster regional cooperation through watershed - oriented roundtable activities to collectively address urban storm water quality • to negotiate as one region with the EPA and state on the interpretation of the rules and requirements • to reduce the administrative burden to each local government associated with1be regulatory process • to save money for each local government by conducting cooperative activities wherever possible • to share professional knowledge ..and experience I on this complex ` subject through a Regional Storm Water Management Coordinating Council of affected1ocal governments and others • to facilitate consistent quality in the collection, interpretation:and presentation of information • to facilitate the use of available resources within the region, such as consultants and universities, in conducting cooperative activities • to evaluate together at the local level what controls are "regionally appropriate and cost effective" for managing urban storm water quality • stay informed of Best Management Practices being used throughout the country, including information on effectiveness, cost, and maintenance requirements • to ensure that all contributors of pollutants do their proportionate share in helping to achieve applicable standards for surface water quality and to restore impaired water bodies • to preserve implementation decisions for each governmental agency (To be expanded and modified by RSWMCC) Draft — February 4, 1999 Cooperative Initiatives The North Central Texas Council of Governments will implement its Policy and Goals by developing and implementing, to the greatest extent possible, a cooperative program comprised of the following major elements: [Note: The initiatives included below are a sample of potential initiatives and are intended to stimulate discussion. These elements will evolve during the course of strategy development over the coming months based on input from participants. Additional Regional Initiatives, such as Source Identification, Industrial Discharges, Regional Monitoring, Phase ll Minimum Measures, and others, may be added to the program.] Public Education and Outreach Education of the public on the impact of their everyday activities on the quality of storm water is a key element of the storm water program. Citizens must be made aware of the potential hazards associated with their household practices and educated on the proper usage of lawn and garden chemicals and proper disposal of used motor oil and household hazardous wastes. In addition, non - permitted commercial, institutional, and industrial entities whose operations could have a significant impact on storm water quality also need to be informed of their potential impacts and practical ways to mitigate them. Opportunities abound to reach citizens and businesses throughout the Metroplex in a coordinated program. Regional education and outreach programs are more economical and effective than initiatives by individual agencies. Examples of public outreach activities to be promoted through the regional program include radio and television campaigns, public service announcements, video production, brochure and flier development, web site development and hosting, and others. ;Y r Construction Site Storm Water Runoff Control Construction activities can have a major impact on the health of our streams, rivers, and reservoirs. Sediment carried from construction sites by storm water runoff collects in reservoirs, reducing storage capacity, and is deposited on the bottom of streams and rivers. Practices to control the runoff of sediment and other pollutants from construction sites have proven to be effective and are gaining acceptance in the construction industry as the EPA and many local, governments implement runoff control requirements. As with any other aspect of the'construction process, uniformity of policies to control storm water runoff from construction sites throughout'the Metroplexis very beneficial to contractors, developers, and engineers who often work in many different communities. Regional uniformity also strengthens the position of the region as a whole to compete with other areas of.the country. The regional program will continue offer training classes to local government storm water inspectors." This training program will also be offered to developers, engineers, and contractors involved in construction activities in order to educate the private sector on runoff control techniques. The regional,; program will continue to provide local governments with technical guidance, including the Construction BMP Manual, which will be periodically updated to reflect the latest changes in construction Best Management Practices. Additional materials such as a model ordinance for control of storm water from construction activities will be developed. Implementation of Regional Strategy [This section will be expanded to include specific elements derived from the Cooperative Initiatives necessary to accomplish the Regional Strategy, broken down by fiscal year.] The Regional Strategy will meet the program goals as follows: FY1999 — Development of Regional Strategy Program and dissemination of storm water program information FY2000 — Review of federal and state regulations and development of regional and watershed initiatives FY2001 — Continued development of regional and watershed initiatives, including coordination of Phase I permit renewals with Phase II permit issuance FY2002 — Final development and submission of regional and watershed initiatives FY2002 through FY2007 — Implementation of regional and watershed initiatives Draft — February 4, 1999