Michigan’s Watershed-Based MS4 Voluntary General Permit

Prior to the Clean Water Act (CWA) in 1972 there was no national system to evaluate adequacy of performance on the part of dischargers. The CWA established the NPDES permit program, set performance standards, and required periodic review. This system was a top/down approach and was very effective in controlling pollution from industries and municipal sewerage systems. Storm water dischargers were not required to be part of this system until recently. Now cities over 100,000, certain industries, and construction sites over 5 acres need permits. This is Phase I of the storm water program. Phase II is being drafted now and we expect it to cover all municipalities in urbanized areas and require them to have permits by 2001. There is considerable concern that EPA will use the same NPDES approach, while more and more people are convinced that a more bottom/up approach (such as Watershed Management) will be far more effective. During this period (prior to 2001) the Michigan Department of Environmental Quality (MDEQ) is pursuing an innovative approach on a voluntary basis.

On July 30, 1997, the MDEQ issued a General Permit for Municipal Separate Storm Sewer Systems (MS4) that is voluntary. It is voluntary since there is no legal requirement for most storm sewers to have a permit yet. However, those granted coverage under this voluntary general permit are just as bound by its conditions as any other NPDES discharger. This permit is an opportunity to demonstrate that a flexible, locally-driven program will be effective in dealing with wet weather issues. If this approach is proven effective, it is expected that the jurisdictions with coverage under this permit will continue the locally-driven program in lieu of the coming Phase II program.

The permit is based on the concept of Watershed Management and requires cooperation among dischargers within the watershed. The three Tenets of Watershed Management are:

• Partnerships with jurisdictions and other stakeholders
• Iterative process of consensus-based decision-making
• Sound management techniques based on strong science and data

Application requirements include a proposed Illicit Discharge Elimination Plan and a Public Education Plan which must be implemented upon receiving coverage. The permit requirements include:
A Public Participation Process: One for all jurisdictions in the watershed. It identifies a person, group, or agency responsible for coordinating development of the Watershed Management Plan. It is subject to DEQ approval.
Watershed Management Plan: Complete agreement is not necessary. Planing is iterative in nature. The completed plan is not subject to DEQ approval. The plan must contain:

• Assessment of nature & status of watershed ecosystem
• Definition of short-term goals
• Definition of long-term goals (including WQS)
• Determine actions for short-term goals
• Determine actions for long-term goals
• Assess costs and benefits
• Commitments to implement
• Method for evaluating progress

Storm Water Pollution Prevention Initiative: Identifies the specific responsibilities of the permittee to implement the Watershed Management Plan with compliance dates. The program is subject to DEQ approval and is enforceable thereafter. It includes pollution prevention, good housekeeping, BMPs, assessment of progress, & reporting.

The first revision of the Watershed Management Plan is due prior to permit expiration. This is intended to support the concept of Planning being an iterative process. We expect frequent revisions to the Plan. And we hope that, due to the frequency of revisions, stakeholders will be willing to support Plans that are less than fully satisfactory to them, i.e. their concerns can be fully addressed in the next iteration.