New Boise Area MS4 Permit

Boise City Council Budget Workshop August 15, 2012

Presentation Goal Provide an overview of: New Permit RequirementsNew Permit Budget Needs

National Stormwater Program1987 Clean Water Act AmendmentsNew National Stormwater NPDES Permitting Program (Section 402(p)) for:

Municipal Large & Medium: Phase I (Boise Area, 6 copermittees, one permit) Small :Phase II (25 Small MS4s statewide, 18 permits) Maximum Extent Practicable (MEP) controls

Industry 11 industrial categories (Airports, mining, manufacturing, landfills, power plants) Multi-sector General Permits (MSGPs) Technology based controls

Construction >5 acres (1992, now >1 acre)Construction General Permit (CGP) Technology based controls

National Program Direction

Next Generation PermitsNext Generation Requirements:Low impact development (LID) Harvest, Infiltrate, and Evapotranspire Innovation Watershed-based permitting & monitoring Market-based Trading Integrated ImplementationPrioritization of Storm and wastewater improvements Link to surface water quality Traditional NPDES permitting (water quality driven requirements)

Boise Area MS4 Permit HistoryBoise Area Phase I Applications Phase I Rule adopted: 19901992: separate applications1994: joint application, amended in 96&99

First Permit: Nov 29, 2000 to six co-permitteesFive year permit, administratively extendedLegal authority/IGA (Ordinances, enforcement) 11 SWMP Elements Successfully Implemented

Second Permit:Draft Permit: October 24, 2011New Final Permit: October 1, 2012

Boise Area Draft PermitDraft October 24, 2011 120 day comment period, Jan 30, 2012Final Permit this summer with October 1, 2012 Effective date

Next Generation PermitSimpler More PrescriptiveSix Minimum Controls

Major New Requirements WQS: Water Quality Standards/Impaired Waters LinkPerformance Standard: 100% Retain on Site (ROS) for New & RedevelopmentOffset Program required for

New Permit Approach Meet new requirements with: PartnershipsPublic/private projects as pilots (30th Street)River data from WWTFs to fill gaps, assess water qualityAdd new capacity/investment O&M, Inventory/GIS, LID for city repairs & new/ redevelopment projects Innovative Implementation approachesCertified Private O&M Inspections instead of new City staffWatershed-based approach (monitoring, planning, ) Better environmental data & outcomes (Offsets, LID, Trading)

2013/14 Budget Needs

Permit Requirement2013 (PW Savings)2014 (PW Savings)2015-17 EstimatesTotal CostPublic/Private MS4 Inventory/GIS$60,000 Software $20,000 GIS Intern(s) to populate database$40,000GIS intern (s) to populate database$120,000Program Development (offsets, O&M inspections, illicit discharge, SWMP, watershed plans, retrofit assessment)$30,000$50,000$70,000$150,0000.5 FTE Project Mgr for 5 years$73,200$73,200$219,600$366,000Dept cost to implement (sweeping, cleaning, training, illicit discharge)Addtl O&M cost for Fire, Library, Govt Bldgs in 2014-17?????????Addtl Department LID costs (CIP and O&M projects)Addtl CIP and O&M Project Costs beginning FY 2013?????????$163,200 +$143,200+> $329,600> $636,000

Questions

*1972 Clean Water Act, agruably the most successful of the seven Major US environmental laws.Stormwater not included in the initial Act or during first two major revisions. Major new Stormwater permitting Requirements included in the 1987 amendments to the Act for three groups. Municipal permits are individual and more detailed/site specific, the other two groups (industrial and construction) are general permits.

The City has all three types of permits (airport MSGP, CGP for construction projects > 1 ac (Parks, PW, Airport), and the MS4).

National program is evolving to more prescriptive MS4 permit requirements to protect surface watersThe 2012 permit includes many Next Generation elements

*2013 and potentially 2014 Budget needs anticipated to be funded with General Fund Savings EXCEPT for department LID project costs for new/replacement of stormwater infrastructure. *