Document 6wEbgb52Lzxzor2YGO8rx0gr3

CITY OF WINCHESTER, KY MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM INSPECTION REPORT 32 Wall Street Winchester, KY 40391 Inspection Date: August 24, 2021 Inspection Report Finalized: October 22, 2021 U.S. Environmental Protection Agency, Region IV Sam Nunn Atlanta Federal Center 61 Forsyth Street SW Atlanta, GA 30303-8963 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 (This page intentionally left blank) Inspection Date: August 25, 2021 i MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 TABLE OF CONTENTS Inspection Details.......................................................................................................................................... 4 Permittee Information .................................................................................................................................. 4 Supporting Documents ................................................................................................................................. 5 Program Implementation, Documentation & Assessment........................................................................... 6 Illicit Discharge Detection and Elimination (IDDE) ...................................................................................... 10 Post-Construction Stormwater Management in New Development and Redevelopment ........................ 13 Pollution Prevention/Good Housekeeping for Municipal Operations........................................................ 17 Appendix A: Site Visit Evaluations Appendix B: Supporting Documents This inspection consisted of an evaluation of program compliance with the issued permit. This inspection report does not include a review of all program components. There may be additional program deficiencies in addition to those noted. The permittee is required to assess program progress and permit compliance, and to implement the approved Stormwater Management Plan in accordance with the issued permit. Inspection Date: August 25, 2021 ii MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 This page intentionally left blank Inspection Date: August 25, 2021 iii MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Inspection Details Inspection ID Number: KYG200043-08/25/21 Inspection Date(s): August 25, 2021 Minimum Control Measures Evaluated: Program Implementation, Documentation and Assessment Public Education and Outreach Public Involvement/Participation Illicit Discharge Detection and Elimination Construction Site Stormwater Runoff Control Post-Construction Stormwater Management in New Development and Redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations Total Maximum Daily Loads (TMDLs) Field Site Visits: Municipal Facilities. Number visited: 2 MS4 Outfalls. Number visited: 1 Construction Sites. Number visited: Choose an item. Post-Construction Stormwater Runoff Controls. Number visited: 2 Other: __ _____. Number visited: Choose an item. Other: _______________________________. Number visited: Choose an item. Inspector(s) Conducting Inspection (hereinafter, the Inspection Team) Name, Title Steven Chase - Environmental Scientist, EPA Contract Inspector Kelly Davis - Environmental Engineer Inspection Report Author: Steven Chase Organization PG Environmental Eastern Research Group, Inc. Date: October 22, 2021 Signature__________________________________________ Permittee Information MS4 Permittee Name: City of Winchester, KY (hereinafter, City or Permittee) MS4 Permittee Address: 32 Wall Street, Winchester, KY 40391 Co-permittee(s), if applicable: KPDES Permit Number: KYG200043 (hereinafter, Permit) Date of Last MS4 Inspection/Audit: September 15, 2016 N/A Primary MS4 Representatives Participating in Inspection Inspection Date: August 25, 2021 Page 4 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Shanda Cecil Michael Flynn Daron Stephens Name, Title Organization Stormwater Coordinator City Manager Engineering Tech Waterbody Lower Howards Creek Strodes Creek MS4 Receiving Waters Impairments Escherichia-coli, nutrient/eutrophication biological indicators, organic enrichment (sewage) biological indicators, upstream impoundments, specific conductance, residential districts, and municipal (urbanized high-density area) Escherichia-coli, Fecal coliform, nutrient/eutrophication biological indicators, organic enrichment (sewage) biological indicators, sedimentation/siltation, and specific conductance Supporting Documents Number 1 2 3 4 5 6 7 8 9 10 11 Document Title 2018-2023 Stormwater Quality Management Plan Stormwater Quality Management Plan Matrix Post-Construction Ordinance (Ordinance 14-2011) Illicit Discharge Ordinance (Ordinance 9-2011) Phase II MS4 Monitoring Plan City of Winchester, Kentucky 2020 Annual Report 2018 Illicit Discharge Detection and Elimination Plan Standard Operating Procedure (SOP) for Post-Construction Stormwater Management Stormwater Management Operation and Maintenance Agreement Operation & Maintenance Pollution Prevention Plan Good Housekeeping for Municipal Operations Strodes Creek Outfall 69 Inspection Report May 14, 2020 Provided Prior, During, or After Inspection: Prior Prior Prior Prior After Prior Prior Prior Prior Prior Prior Note: Refer to Appendix B: Supporting Documents for copies of the above documents. These supporting documents do not represent all MS4 program documentation provided by MS4 representatives. EPA Region 4 maintains all documentation provided by MS4 representatives. Additionally, the photographs contained in Appendix A: Site Visit Evaluations do not represent all photographs taken during the inspection. EPA Region 4 maintains all photographs taken during the inspection. Inspection Date: August 25, 2021 Page 5 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Program Implementation, Documentation & Assessment Permit Citation Section 2 Requirement to Develop SWQMP Program Requirement Has the permittee developed, implemented, enforced, and updated as necessary a Stormwater Quality Management Plan (SWQMP) which includes controls to reduce the discharge of pollutants from its MS4 to the Maximum Extent Practicable (MEP)? Does the SWQMP contain written procedures the permittee will use to implement the required six minimum control measures? Status Yes Yes Supporting Doc No. 1 1 & 2 Comments The SWQMP is not dated but is titled "2018-2023 City of Winchester Stormwater Quality Management Plan". Written procedures regarding all six MCMs are included in the 2018-2023 SWQMP. Additionally, attached to the SWQMP is a matrix that outlines measurable goals for each MCM during the permit term. Section 2.1 Legal Authority Does the permittee have a legal authority mechanism (e.g., statues, ordinances, permits, contracts, orders, or inter-jurisdictional agreements) that addresses the following? 1) Control the contribution of pollutants to the small MS4 by stormwater discharges associated with construction activity and post-construction activity for new Yes 3 development and redevelopment projects. 2) Prohibit illicit non-stormwater discharges to the small MS4 and implement enforcement procedures and actions. Yes 4 3) Prohibit the discharge of spills and the dumping or disposal of materials other than stormwater (e.g., industrial and commercial wastes, trash, used motor vehicle fluids, Yes 4 leaf litter, grass clippings, animal wastes, etc.) into the small MS4. 4) Enforce compliance with ordinances, permits, contracts, or orders relating to discharge to the small MS4s. Yes 3 & 4 5) Carry out all inspection, surveillance, and monitoring procedures necessary to determine compliance with permit conditions, including the prohibition on illicit discharges to the municipal separate storm sewer. Yes 3 & 4 Comments The City provided copies of ordinances that prohibit illicit discharges to the MS4 (Ord. No. 9-2011) as well as an ordinance requiring post-construction BMPs be installed on all development and redevelopment projects one acre or larger and smaller projects that are part of a common plan of development (Ord. No. 14-2011). Additionally, the City provided examples of Notices of Violations issued in response to illicit discharges in 2020. At the time of the inspection there were no unresolved illicit discharge events in the City. The City uses a Stormwater Operation and Maintenance Agreement for privately owned post-construction stormwater controls that allows them the authority to conduct inspections and conduct maintenance on privately owned post-construction stormwater controls as needed. Section 2.4 SWQMP TMDL Requirements If applicable, does the SWQMP identify impaired waters into which the MS4 Yes 1 discharges, and evaluate its Best Management Practices to be included in the SWQMP? Inspection Date: August 25, 2021 Page 6 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Program Implementation, Documentation & Assessment Permit Citation Program Requirement Status Supporting Doc No. Has the permittee updated in the annual report following the finalization of the Kentucky's Section 303(d) list of impaired waters (every two years) with respect to any new or expanded MS4 discharges for pollutants of concern to ensure effectiveness of Yes -- post construction control requirements to achieve the MEP standard (evaluation may be conducted on a watershed basis)? Comments The 2018-2023 City of Winchester Stormwater Quality Management Plan identifies Strodes Creek and Lower Howards Creek as impaired under the Kentucky Division of Water 2016 303(d) list of impaired waters. The 303(d) list has not been updated during the Permit term and thus an update in the annual report has not yet been required. Section 2.5 Implementation Has the permittee implemented an appropriate monitoring program that evaluates the effectiveness of the small MS4 program and provides feedback for the permittee to of a small MS4 change or improve the stormwater quality management program appropriately Partial 5 Program (current small MS4s shall immediately implement this plan; newly designated small Monitoring Plan MS4s have twenty-four (24) months to develop this plan). 1. Does the plan provide a brief narrative of the permittee's proposed monitoring Yes 5 program? 2. Does the map of the Urbanized Area show the outfalls including names of the Yes 5 receiving streams? 3. Does the plan use the information contained in the most recent 303(d) list, information on the water quality attainment status (i.e., fully supporting, partially supporting, or non-supporting) of the local small MS4 receiving Yes 5 streams including pollutants of concern? 4. Does the plan have an inspection checklist for visual monitoring of the major outfalls, including basic information such as inspection date/time, latitude/longitude, weather conditions, and presence of visual markers for Yes 5 pollution (i.e., foam, excessive algae growth, oil deposits, and excessive sedimentation)? 5. Does the plan provide documentation to verify performance of the visual monitoring, including but not limited to, completed inspection checklists and No 5 photographs? Inspection Date: August 25, 2021 Page 7 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Program Implementation, Documentation & Assessment Permit Citation Program Requirement Status Supporting Doc No. Comments The City provided an undated monitoring plan in response to the Inspection Team's document request. In reviewing the monitoring plan, the Inspection Team noted that while the monitoring plan contained a lot of the Permit-required elements, it did not include documentation to verify performance of the visual monitoring program. Included in the monitoring plan was an example inspection report from 2016. No information indicating the number of inspections conducted each year or a summary of the results was included. Additionally, the monitoring plan notes that the monitoring program primarily consists of visual assessments of outfalls and dry weather flows as well as performing in-stream water quality sampling upstream and downstream of a restoration project on Strodes Creek that was completed in 2011. During the interview portion of the inspection, the City stated that there are currently no written procedures to conduct water quality sampling as stated in the monitoring plan but did have a contract lab (Pace Analytical) available to analyze samples. Section 2.7 Has the permittee designated at least one person who is responsible for permit Small MS4 implementation to receive twelve (12) hours of documented training per permit year? Training Is the training related to furthering the goals and objectives of the small MS4 general Partial 6 permit requirements? Comments Shanda Cecil is the designated representative to receive the 12 hours of documented training per year. The City submitted documentation in the 2020 Annual Report that Shanda Cecil had received 10.5 hours of professional development training. The 2020 Annual Report additionally states that Ms. Cecil also attended an EPA webinar on May 7, 2020 titled "Effective Public Outreach in Massachusetts MS4 Communities". However, no documentation of Ms. Cecil's attendance at the webinar or the number of professional development hours for this event was provided in the 2020 Annual Report. Section 3.1 Has the permittee prepared an annual system-wide report (Annual Report) to be Reporting submitted no later than April 15th of the year following the calendar year covered by Yes 6 Requirements the report. Permittees are encouraged to utilize KDOW's General Permit Annual Compliance Report form. 1. Does the annual report include an overall evaluation of the stormwater quality management program developments and progress including major findings such as water-quality improvements or degradation, major accomplishments, Yes 6 overall program strengths/weaknesses, and future direction of the program? Does the permittee state an overall assessment of the effectiveness of the SWQMP taking into account water quality/watershed improvements? 2. Does the annual report include the number of illicit discharges discovered; Yes 6 describing discharge and resolution? 3. Does the annual report include a summary of inspections and enforcement Yes 6 actions for regulatory programs? 4. Does the annual report include summary of installed BMPs for postconstruction stormwater management for new and redevelopment? No 6 Inspection Date: August 25, 2021 Page 8 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Program Implementation, Documentation & Assessment Permit Citation Program Requirement Status Supporting Doc No. 5. Does the annual report include a summary of pollution prevention and good Partial 6 housekeeping BMPs performed at the municipal operations? 6. Does the annual report include the status of implementation and proposed changes to the stormwater quality management program, including Yes 6 assessment of controls and specific improvements or degradation to water quality? 7. Does the annual report include any improvements in water quality due to watershed activities? No 6 Comments The Inspection Team reviewed the 2020 Annual Report during the inspection. It was noted in the annual report that the only pollution prevention and good housekeeping BMP for municipal operations was to conduct annual inspections of municipal facilities. Additional BMPs such as street sweeping and limiting the use of detergent for equipment washing were discussed by MS4 representatives during the inspection but were not included in the annual report. Additionally, the Annual Report did not note any improvements in water quality due to watershed activities (e.g., stream restoration). The Copy of the 2020 Annual Report provided to the Inspection Team by the City was not signed and was undated. Therefore, the Inspection Team was unable to verify the submittal date of the 2020 Annual Report. Inspection Date: August 25, 2021 Page 9 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Illicit Discharge Detection and Elimination (IDDE) Permit Citation Program Requirement Status Supporting Doc No. Section 2.2.3.1 Does the permittee implement and enforce an ordinance or other regulatory mechanism that prohibits illicit discharges (as defined at 40 CFR 122.26 (b) (2)) to the small MS4? Newly designated small MS4 programs shall, within twenty-four (24) months of the notice Partial 4 of permit coverage, implement and enforce this required ordinance or other regulatory mechanism. Comments The City passed Ordinance Number 9-2011 on May 2, 2011 which prohibits illicit discharges to the MS4 and has established procedures for implementation and enforcement. The City provided the Inspection Team two examples of Notices of Violation issued in 2020 in response to illicit discharge events occurring at private residences. However, no documentation of a resolution or follow up to each individual event was provided to the Inspection Team. MS4 representatives stated that the City had issued fines in response to an illicit discharge but that the collection of fines was ultimately not tracked. Has the permittee developed and maintained a storm-sewer system map showing the Section 2.2.3.2 location of all known major outfalls (as defined in the Permit) and the names and Yes -- locations of all surface waters that receive discharges from those outfalls? Does the comprehensive storm sewer system map include the permittee's small MS4 system (owned and/or operated by the permittee), including catch basins, pipes, ditches, flood control facilities (retention/detention ponds), post-construction water quality Yes -- BMPs, and private post-construction water quality BMPs which have been approved by the MS4? (Permittees shall have the permit term to complete the required mapping) Comments The City maintains a GIS based MS4 map on the City's server. MS4 representatives demonstrated the capabilities of the MS4 map to the Inspection Team, and all the Permit required elements during the interview portion of the inspection. Section 2.2.3.3 Has the permittee developed and implemented a written plan to address illicit discharges Yes 7 including illegal dumping? a. Does the plan include procedures for locating priority areas likely to have illicit No 7 discharges? b. Does the plan include procedures for field assessment activities, including dryweather screening of representative outfalls. The recommended level of effort is Yes 7 twenty percent (20%) of the major outfalls per year, with all of the major outfalls being addressed this permit term? Does screening include, at a minimum, the visual inspection of the discharge for indicators of pollutants? Indicators shall include odor, oil sheen, discoloration, and high degree of siltation or aquatic plant growth. Yes 7 Alternatively, has the permittee developed an approach based on screening factors determined to be more applicable to the area than dry-weather screening of representative outfalls. c. Does the plan include a mechanism and protocols that provide for the public reporting of spills and other discharges? (also required by Section 2.2.3.4) Yes 7 d. Does the plan include procedures for the investigation of any complaints, reports, or monitoring information that indicates a potential illicit discharge, spill, or illegal dumping? Yes 7 Inspection Date: August 25, 2021 Page 10 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Illicit Discharge Detection and Elimination (IDDE) Permit Citation Program Requirement Status Supporting Doc No. e. Does the plan include timeframes for the investigation and removal of illicit discharges? No 7 f. Does the plan include procedure for tracing the source of an illicit discharge; including visual inspections, and when necessary, collecting and analyzing water Partial 7 samples, and other detailed inspection procedures. g. Does the plan include procedures for removing the source of the discharge; including notification of appropriate authorities, notification of property owners; Yes 7 follow-up inspections; and enforcement if the discharge is not eliminated. h. Procedures for Illicit Discharge Program evaluation and assessment, including tracking the number and type of spills or illicit discharges identified, inspections Yes 7 made; and any feedback received from public education efforts. Comments The City's 2018 IDDE Plan was developed by City Staff. In 2011 an Outfall Reconnaissance Inventory (ORI) and dry weather screening was conducted, and outfalls were prioritized into low, medium, and high priority outfalls. Outfalls have not been reassessed to determine if the 2011 prioritization list is still appropriate. Additionally, the 2018 IDDE Plan does not contain any procedures of how the ORI was conducted. The 2018 IDDE Plan does not include a timeframe for investigating and removing illicit discharges. City staff present during the inspection stated that the City has not established response timelines but generally tried to respond immediately. However, no procedures were in place for responding to a reported illicit discharge during non-business hours and that for events reported during off hours/weekends/holidays, illicit discharges would be responded to on the next business day. The 2018 IDDE Plan includes procedures for responding to, tracking, and removing illicit discharges and instances of illegal dumping. The plan states that the City does not have the capability to conduct sampling or analytical monitoring. Additionally, City staff stated that the City currently has the capability to conduct sampling through a contract lab, Pace Analytical, but does not have written procedures for conducting analytical sampling when required. The 2018 IDDE Plan includes methods of program evaluation including reviewing the number of corrected illicit discharges, enforcement actions etc. and making program adjustments based on areas of success. MS4 representatives did not provide any examples of programmatic changes that had been made in response to the program evaluation methods described in the 2018 IDDE Plan. It is unclear to the Inspection Team if the City has made any changes in response to a program evaluation as described in the 2018 IDDE Plan. Inspection Date: August 25, 2021 Page 11 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Illicit Discharge Detection and Elimination (IDDE) Permit Citation Section 2.2.3.5 Program Requirement Has the permittee provided appropriate training for municipal field staff on the identification and reporting of illicit discharges into the MS4? Status Yes Supporting Doc No. 6 Comments City staff stated they conduct annual training for all Public Works Department staff and all field staff outside of the Public Works Department which includes education videos made by Excalibur. In response to the Inspection Team's records request, the City submitted a sign-in sheet in the 2020 Annual Report from IDDE training that was conducted on November 5, 2020. City staff stated they were planning to conduct the 2021 annual training at the end of the year but had not scheduled a date at the time of the inspection. Section 2.2.3.6 Has the permittee upon discovering that a sanitary sewer is contributing pollutants to the Partial -MS4, informed the responsible entity and the Division of Water's Regional Office? Comments The sanitary sewer district in the City is operated and maintained by the Winchester Municipal Utility (WMU) which is funded through a special tax district and is a separate entity from the Permittee. The City has established procedures for notifying WMU of Sanitary Sewer Overflows (SSO's). In response, WMU will respond with crews to abate the SSO and provide any necessary clean-up. It did not appear that the City was contacting the Kentucky `s Division of Water Regional Office directly during these events but that WMU was responsible for making that notification. Section 2.2.3.7 Has the permittee tracked activities relative to this program element as necessary to document compliance with permit requirements and prepare the annual system-wide Yes -- report pursuant to Part III.A. of the permit? Comments The City was able to demonstrate to the Inspection Team through documents and databases tracked on the Stormwater Coordinators computer it was responding to and tracking IDDE events as well as conducting enforcement activities when appropriate. R6` Inspection Date: August 25, 2021 Page 12 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Post-Construction Stormwater Management in New Development and Redevelopment Permit Citation Section 2.2.5.1 Program Requirement a. Has the permittee developed, adopted, and implemented an ordinance or other regulatory mechanism that addresses post-construction stormwater runoff from new and redevelopment projects that disturb at least one acre, and projects less than one acre that are part of a larger common plan of development or sale, located within the MS4? b. Does the permittee's program include local requirements for post-construction controls for all new and redevelopment projects? The post-construction control requirements shall include an on-site stormwater runoff quality treatment standard. Status Yes Yes Supporting Doc No. 3 3 Additionally, does the permittee's local water-quality based standard for redevelopment projects reflect local community issues, including water-quality impairments. Yes 3 c. Does the permittee's ordinance or regulatory mechanism include standards for runoff controls to high-quality waters that are considered sufficient to protect existing in- Yes 3 stream water uses? If not, do they meet Permit requirements in section 2.2.5.1.c.a & b? Comments Ordinance Number 14-2011 was adopted June 21, 2011 and requires the implementation of post-construction BMPs on projects one acre or larger or smaller projects that are part of a larger plan of development. Section 14-352 of Ordinance Number 14-2011 establishes runoff water quality standards which seeks to preserve, protect, and enhance community water ways, general public, health and maintain predevelopment hydrology as required by the Permit. Section 14-356 of Ordinance Number 14-2011 establishes site performance standards for runoff controls to high-quality waters to protect the designated uses. Section 2.2.5.2 If permittee is newly designated (obtained coverage after March 31, 2015); have they, within 12 months of the effective date of the Permit, reviewed and evaluated municipal n/a -policies related to building codes, or other local regulations, with a goal of identifying regulatory and policy impediments to the installation of green infrastructure? Comments The Permittee obtained coverage prior to March 31, 2015. Section 2.2.5.3 Has the permittee developed and implemented project review, approval, and enforcement procedures for new development and redevelopment projects that disturb Yes 8 greater than one acre, and projects less than one acre that are part of a larger common plan of development or sale? a. Has the permittee developed written procedures for the site-plan review and approval process and a required re-approval process when changes to Yes 8 stormwater management measures are required? b. Has the permittee developed written procedures for a post-construction process to demonstrate and document that post-construction stormwater measures have been installed per design specifications, which includes Partial 8 enforceable procedures for bringing noncompliant projects into compliance? Inspection Date: August 25, 2021 Page 13 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Post-Construction Stormwater Management in New Development and Redevelopment Permit Citation Program Requirement Status Supporting Doc No. Comments The City has developed site-plan review procedures that are documented in the "Standard Operating Procedure (SOP) for Post- Construction Stormwater Management" which includes a re-approval/re-submittal process if the criteria outlined in the post- construction stormwater ordinance or SOP are not met. The SOP for Post-Construction Stormwater Management Section II outlines a process by which builders are required to provide inspection reports certifying that post-construction BMPs have been installed as designed. However, in practice City staff stated they do not require these inspection reports to be submitted by builders nor does the City inspect post-construction BMPs during the construction process to ensure they have been installed as designed. Does the permittee require BMP owners of all new development and redevelopment Section 2.2.5.4 projects to establish and enter into long-term maintenance practices? Alternatively, the Yes 9 permittee may establish other enforceable mechanisms for requiring long-term maintenance of structural and non-structural BMPs. Does the MS4's authority allow the MS4, or its designee, to conduct inspections of the Yes 9 management practices? Does the MS4 account for transfer of responsibility in leases and/or deed transfers? Yes 9 Does the MS4, or its designee, have authority to perform necessary maintenance when Yes 9 the owner/operator has not performed the necessary maintenance. Comments Ordinance 14-2011 requires all applicants or owners to enter into a maintenance agreement and easement and to record the maintenance agreement in the land record prior to a development permit being issued. The operation and maintenance agreements are binding and transferable to all subsequent landowners served by the post-construction BMP. Additionally, the operation and maintenance agreement all inspections and maintenance on the post-construction BMPs when necessary. ows the City the capability to conduct Has the permittee established and implemented written procedures for inspections of a representative number of installed BMPs annually, with the goal of completing an Section 2.2.5.5 inspection of all BMPs within the MS4 during the permit cycle? Alternatively, the No permittee may develop a program for BMP owner self-inspection documentation with oversight by the permittee(s). 1 & 8 Inspection Date: August 25, 2021 Page 14 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Post-Construction Stormwater Management in New Development and Redevelopment Permit Citation Program Requirement Status Supporting Doc No. Comments The City's SWQMP and Standard Operating Procedure for Post-Construction Stormwater Management state that inspections will be conducted periodically by City staff. However, the procedures do not outline at what frequency Post-Construction BMPs will be inspected or ensure that a representative number of BMPs are inspected annually with the goal of completing an inspection of all BMPs. Section 2.2.5.6 Has the permittee created a program to notify the BMP owner or operator of deficiencies during a maintenance inspection? No -- Additionally, does the permittee conduct subsequent inspections to ensure completion Partial -of required repairs and conduct enforcement as necessary? Comments City staff explained to the Inspection Team that 100% of post-construction BMPs are inspected annually with 50% of the inspections taking place as routine bi-annual inspections and 50% of the inspections taking place as follow-up inspections from the prior year's routine inspections. These inspections are conducted informally and are not documented. The City's Stormwater Operation and Maintenance Agreement (refer to, Supporting Document No. 9) requires owners of private post-construction BMPs to conduct inspections and submit reports to the City annually. MS4 representatives stated they did not require private BMP owners to conduct inspections and that inspection reports were not being submitted to the City. MS4 representatives stated the City has adopted the practice of allowing post-construction BMP owners one year to conduct required maintenance before initiating enforcement. However, the City did not provide examples of letters or notifications requiring maintenance on a post-construction BMP. It was unclear to the Inspection Team if owners of private post-construction BMPs were being notified of required maintenance activities. Does the annual report include a summary of the number and types of projects that the Section 2.2.5.7 permittee reviewed for new and redevelopment considerations and the types of BMPs No 6 installed including green infrastructure and buffers? a. Does the annual report include a written summary of management practice maintenance inspections conducted by the permittee(s), including a summary Partial 6 of the number requiring maintenance or repair, and the number of enforcement actions taken? b. Does the annual report include a written summary of any changes to local ordinances to accommodate green infrastructure alternatives? n/a -- c. Does the annual report include a written summary of any training that MS4 staff has received in the fundamentals of long term stormwater-quality treatment Yes 6 management practices and in how to review such practices for long-term protection, operation and maintenance? Inspection Date: August 25, 2021 Page 15 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Post-Construction Stormwater Management in New Development and Redevelopment Permit Citation Program Requirement Status Supporting Doc No. Comments The 2020 Annual Report states that two projects were reviewed for new development and redevelopment consideration. However, it was noted in the City's 2020 Annual Report that the types reviewed were, "silt fences, rock dams, sand-bags, silt checks" which are not post-construction stormwater controls. The 2020 Annual Report indicates that there is a total of 20 post-construction BMPs in the City, that all were inspected, and that none of the inspections resulted in enforcement or required maintenance activities. During the field portion of the inspection, maintenance items were noted at both post-construction BMPs by the Inspection Team, refer to Appendix A for further details. No changes to local ordinances occurred during the reporting period. Has the permittee tracked activities relative to this program element as necessary to Section 2.2.5.8 document compliance with permit requirements and prepare the annual system-wide No -- report pursuant to Part III.A. of the permit? Comments It does not appear to the Inspection Team that the City is appropriately tracking project reviews, inspections, or maintenance activities relative to this program element to demonstrate compliance with the Permit requirements. Inspection Date: August 25, 2021 Page 16 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Pollution Prevention/Good Housekeeping for Municipal Operations Permit Citation Program Requirement Status Supporting Doc No. Section 2.2.6.1 Has the permittee developed and implemented a written Operation and Maintenance (O & M) plan that includes a training component for municipal staff with the goal of Yes 10 preventing or reducing pollutant runoff from municipal operations? Comments The City's O&M plan states that all employees will receive one day of training per year on the contents of the O&M plan and that trainings will be documented by signature. In response to the Inspection Teams document request, the City submitted a sign-in sheet attached to the 2020 Annual Report for training provided on November 5, 2020 for field staff and the Public Works Department. Section 2.2.6.2 Does the O & M plan include employee training to prevent and reduce stormwater pollution resulting from activities such as parks and open space maintenance, fleet and Yes 10 building maintenance, new construction and land disturbances, stormwater system maintenance, and green infrastructure maintenance? Comments Table 1.2-1 of the O&M plan provides categories of common stormwater pollutants, sources, and impacts for employees' references. Pollutants included in the table include fertilizers, pesticides, hydrocarbons, heavy metals and pathogens and the associated source from municipal operations. MS4 representatives stated that training was conducted utilizing a video made by a private company called Excalibur and PowerPoint presentations. Section 2.2.6.3 Does the O & M plan include an inventory of municipal facilities owned and operated by the MS4 permittee, including, maintenance activities, maintenance schedules, and Yes 10 ongoing written inspection procedures for structural and non-structural BMPs? Are BMPs designed to reduce floatables and other pollutants discharged from the separate storm sewers? Yes 10 Are BMPs designed to provide controls for reducing the discharge of pollutants from municipally-owned and operated streets, roads, highways, municipal parking lots, Yes 10 maintenance and storage yards with exposed bulk materials and/or fuel storage facilities that have the potential to discharge pollutants of concern to the storm sewer system? Are BMPs designed to provide controls for reducing the discharge of pollutants from fleet maintenance shops with outdoor storage areas? Yes 10 Are BMPs in place to control runoff from salt/sand storage locations and snow disposal Yes 10 areas operated by the permittee(s), as well as waste transfer stations? Inspection Date: August 25, 2021 Page 17 of 18 MS4 Inspection Report Winchester, KY: NPDES Permit No. KYG200043 Pollution Prevention/Good Housekeeping for Municipal Operations Permit Citation Program Requirement Status Supporting Doc No. Does the O & M plan incorporate procedures for properly disposing of waste (such as dredge spoil, accumulated sediments, floatables, and other debris) removed from the Yes 10 separate storm sewers and areas listed above? Comments The City's primary BMP for controlling the discharge of pollutants from roads, highways, municipal parking lots and storage areas is street sweeping. All major streets within the City are swept weekly and all feeder roadways are swept monthly. Storm drain inlets are cleaned as necessary prior to storm events. All waste from street sweeping and storm sewer system maintenance are collected at the Public Works Yard in a 20-yard roll off dumpster which is subsequently disposed of in the Rumpke Mt. Sterling landfill weekly. It was noted during the field portion of the inspection that vehicles and equipment at the Public Works Yard are washed indoors using detergent. Wash water is then allowed to sheet flow to a storm drain inlet that drains to a railroad right of way where it's allowed to infiltrate or evaporate. See Appendix A for further details. Section 2.2.6.4 Has the permittee tracked activities relative to this program element as necessary to document compliance with permit requirements and prepare the annual system-wide Yes -- report pursuant to Part III.A. of the permit? Comments The City was able to demonstrate to the Inspection Team during the document review and interview portion of the inspection that it tracks street sweeping, waste disposal, annual facility inspections, using spreadsheets, work orders and inspection reports with the goal of reducing the discharge of pollutants from the MS4. Inspection Date: August 25, 2021 Page 18 of 18