According to EPA Region 1, "EPA anticipates a Final Massachusetts North Coastal and a Final IMS Small MS4 General Permit in the fall of 2011." Well, fall has arrived and the reissued permits have not. We continue to wait with you for word from EPA and will pass on any information when it is received. In the meantime, you can view EPA's stormwater page where they post regular updates. 

No News Isn't Always Good News
While the permit continues to be delayed, EPA has stepped up their enforcement efforts. A number of Massachusetts communities have heard from EPA's enforcement arm. Specifically, EPA has:

• Issued fines for late or missing Annual Reports;
• Issued enforcement orders for targeted water quality issues related to the Small MS4 program; and
• Performed comprehensive local MS4 program audits.

Who will EPA target for Enforcement?
Outside of the cities and towns that submitted their Annual Reports late, EPA could turn their attention to any community. However, we believe that EPA will focus their limited enforcement resources on:

• Highly urbanized areas;
• Known water quality challenges (e.g., impaired water bodies, Total Maximum Daily Loads, other in-stream exceedances of MA Surface Water Quality Standards); and
• Known SSOs and other suspected Illicit Discharges.

What Can You Do?
Two things that every community should do right away are:

1. Organize Your Stormwater Records - For every task listed as completed on Annual Reports since 2003, there should be easy-to-access documentation. All program documentation should be organized by Permit Year and Minimum Control Measure (e.g., MCM #1 is Public Education, MCM #2 is Public Participation, et al.). EPA may be interested to see how you maintain stormwater records, so have your binder or file cabinet ready and presentable.
2. Know Your Program - EPA will expect that municipal staff (not your stormwater consultant) knows all the details of the Small MS4 stormwater program. If you are the target of an audit, you should expect EPA to ask very detailed questions; for example:
• How does your community receive input about its MS4 program? What is the biggest change that has happened because of public input on the stormwater program? 
• Where are catch basin and street sweepings disposed and how much material was disposed last year?
• How much salt is used per lane mile during de-icing?

Unfortunately, the "stormwater coordinator" in many cities and towns has changed at least once over the course of the last eight years. The person currently responsible for the Small MS4 program will still be responsible to know the details of the program since 2003.

How can Woodard & Curran help?
If EPA does contact you about performing a MS4 program audit, please contact us right away so we can help you prepare. Of the communities audited so far in Massachusetts, very few escaped an enforcement order, and many also received a fine. Being extremely organized and knowledgeable about all aspects of your local stormwater program is the best way you can limit your community's risk.

Contact us for more information.