This document discusses stormwater management requirements for MS4 permit holders, including both traditional municipalities and non-traditional entities like universities and transportation agencies. It provides an example of how the Barr Lake and Milton Reservoir Watershed Association engaged the public through an educational campaign involving 9-foot drinking straw installations near water bodies. This novel approach helped raise awareness of how rainwater runoff can impact drinking water sources. The document also notes challenges non-municipal permit holders face in implementing certain compliance practices, like enacting local ordinances, which municipalities can do but other entities cannot.

1. 29www.landandwater.com
STORMWATER MANAGEMENT
MS4 Compliance:
Setting the Bar for Cities and Non-Cities Alike
Within the last 40 years, the U.S. has
seen a variety of environmental regulation
in the name of water quality and protection
of water resources for various purposes. The
days of point source regulation gave way
to wetland protection and eventually also
addressing nonpoint source concerns. The
past decade served as the advent of incor-
porating environmental compliance with
local policy through the municipal separate
storm sewer system (MS4) permit and pro-
gram applications nationwide. While the
permit itself serves as the “golden ticket”
for compliance with state and federal regu-
lation, the program is where success is mea-
sured.
For municipalities, an MS4 program
serves as a means of integrating commu-
nity involvement and environmental com-
pliance. The program often links public
works and infrastructure management to
more commonly understood elements of
local government. When successful, citi-
zens have greater access to information as
well as opportunities to get involved with
local efforts to protect, and improve their
local watershed.
The Barr Lake and Milton Reservoir
Watershed Association (BMW) serves as an
example where local effort led to both en-
vironmental compliance and measureable
success. In 2012, the Association received
an EPA Urban Waters grant to launch a
messaging campaign, bringing Colorado
water organizations together. The BMW
area includes the entire Denver Metro area,
with nearly half the population of Colora-
do residing within the watershed boundary.
Impairment issues for the watershed con-
The 9-foot drinking straw installed at Parker Jordan Centennial Open Space uses art as an effective, innovative method of
meeting MS4 Permit outreach goals.

2. STORMWATER MANAGEMENT
30 July/August 2015
centrate on pH levels above the water qual-
ity standard due to eutrophication. After
completing a Total Maximum Daily Load
(TMDL), BMW concluded that 90 per-
cent of the pollutant load to the watershed
was due to point sources, and 95 percent
of the load was to be removed or reduced.
One key component of MS4 com-
pliance is outreach and education. An in-
formed citizenry is more likely to accept
and adopt practices to protect water qual-
ity. Amy Conklin, Watershed Coordinator
for BMW, believes, “Keeping water clean,
whether in BMW or any other community,
costs millions of dollars. The public is un-
likely to support funding something they
don’t understand. Informing the public
about how to keep their water clean, there-
fore, is the cornerstone to achieving and
sustaining water quality goals.”
While outreach and involvement are
two separate requirements within an MS4
permit, often the language “lumps” the two
practice together. In theory, one may see
outreach efforts and involvement as one in
the same, however implementation does re-
quire two separate activities. Furthermore,
measurement of success for both outreach
efforts and public involvement may require
separate metrics. A permit may require
a minimum number of outreach activi-
ties or interactions with the public, but a
permit does not typically measure effec-
tive outreach and it is not something that
is easily measured. Treating water to make
it clean or changing behavior to help keep
water from becoming polluted takes time
and resources. All MS4’s- traditional and
non-traditional need to inform their citi-
zens about their water and empower them
to help keep it clean.
Volume of materials produced; num-
bers of individuals contacted or present for
activities serve as one quantifiable measure
for both outreach efforts and public in-
volvement. However, the bigger question
is how many of these people actually read
the material produced. After participating
in a watershed outreach activity, do people
change their own behavior at home or at
work? While longer term and often more
challenging to measure, such metrics are
more accurate and more effective ways to
determine whether or not an MS4 program
achieves success.
BMW took the “long view,” and lev-
eraged short-term resources for long-term
goals. The Association understood a grant
would not fund long-term implementation
of a local outreach campaign. But if an ef-
fective, innovative campaign was created as
a result of the initial investment, munici-
palities and community groups could and
would carry the message forward. BMW
invested in a professionally designed cam-
paign with a consistent message and tested
the materials by focus groups for universal
branding. By delving deeper into motiva-
tion for individual behaviors, and under-
standing perspectives of multiple organi-
zations, the campaign has seen long term
success.
Once a logo, tagline and messaging
statements were developed, Conklin started
marketing the campaign to communities
in Colorado. One organization latched on
to the campaign immediately, and chose a
unique, eye-catching symbol to remind the
public of the need for water quality protec-
tion. SPLASH (Stormwater Permittees for
Local Awareness of Stream Health) serves
as a local educational cooperative com-
prised of both traditional and non-tradi-
tional MS4 permit holders that implement
stormwater management programs in the
South Metro Denver. The group launched
a public art installation comprised of a se-
ries of 9-foot drinking straws in local wa-
terways as a means of catching the public
An illicit discharge from a non-municipal MS4 discharging to a municipal MS4 can
make program implementation confusing.
The straw at Genova Lake, visible from
the paved trail, attracts attention from
local residents.

3. www.landandwater.com 31
STORMWATER MANAGEMENT
eye. While novel in concept, the message is
clear: “Runoff to streams becomes drinking
water in this area.”
While some projects come with major
obstacles, SPLASH had very few challeng-
es to contend with getting the “straws” in
place. Finding approved locations and en-
suring any message included with the sign
met with approval from community offi-
cials. The temporary nature of the instal-
lation makes approval much easier to ob-
tain, and locations have been easily chosen.
Messaging for the straw was solved through
the use of a replaceable sign that is attached
to the drinking straw that can be changed
out to different messages if or when it is
needed. Currently, the sign reads, “Think
about Your Drink: Rain Runoff Becomes
Drinking Water” as a simple reminder to
residents.
Since the organization knew water
pollution reduction is accomplished in part
through raising awareness of water quality
issues they wanted to keep the visual fresh,
unusual, and eye catching to gain atten-
tion from citizens. The drinking straw will
travel to different waterways throughout
the South Denver Metro Area. The straw
was temporarily installed in Parker Jordan
Centennial Open Space in Centennial,
Colorado in September of 2014. The straw
was easily viewed from the Cherry Creek
Regional Trail. In April of 2015, the straw
was moved to Geneva Lake in Littleton,
Colorado where residents can see the straw
from the paved trail.
Thereareplanstoexpandthecampaign
and add more installations throughout the
Involving citizens in water quality testing in the field proves to be an effective meth-
od of education and goes beyond checking a box.
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STORMWATER MANAGEMENT
metro area. Community neigh-
borhoods have inquired about
getting their very own “straw
art” for their ponds. While
abstract in nature, and a bit
unconventional for the typical
MS4 permit report, SPLASH
members consider the effort a
success in leveraging combined
resources.
Phase II of the Clean
Water Act includes language
specific to municipalities com-
plying with stormwater man-
agement regulations. However,
non-municipal entities such as
transportation agencies, uni-
versity campuses and other in-
stitutions, tribal communities
and military facilities are also
categorized as “Phase II” com-
munities. According To EPA,
MS4 operators can include mu-
nicipalities and local sewer dis-
tricts, state and federal depart-
ments of transportation, public
universities, public hospitals,
military bases, and correctional
facilities. Each regulated MS4
is required to develop and
implement a stormwater man-
agement program (SWMP) to
reduce the contamination of
stormwater runoff and prohibit
illicit discharges.
While the intent of the law was to fos-
ter comprehensive environmental compli-
ance, the language of the law often creates
unintended challenges for these “non-mu-
nicipal” entities.
For example, municipalities often
pass local ordinances as a means of imple-
menting compliance-based practices for
all six of the minimum control measures
(MCMs) required by Phase II of the Clean
Water Act. This includes ordinances for il-
licit discharge detection and elimination,
active construction site erosion and sedi-
ment control, post-construction practices
for ongoing stormwater management, and
good housekeeping practices to avoid un-
intended water pollution on a local level.
A university campus, transportation agency
or military base cannot enact local laws in
order to achieve compliance. As a result,
other measures must be taken. Without
careful scrutiny of permit language, how-
ever, some agencies and other institutions
may end up signing off on permit language
that states ordinances will be passed. By
definition, this is an impossible activity. It
is up to the non-municipal permit holder
to identify such language within the permit
as that which cannot be implemented due
to the nature of the organization.
This does not mean, however, that
the permit holder is off the hook. Rather,
alternative language, actions and activities
should be defined and included in the per-
mit to generate the same results as if a mu-
nicipal ordinance were passed in the name
of compliance. One example would be to
require certifications of all contractors who
win bids for projects within the organiza-
tional boundaries. While not necessarily a
law per se, such requirements can be estab-
lished as criteria for accepting or denying
bids.
For transportation agencies, the non-
municipal MS4 has significant challenges.
In the case of illicit discharge detection and
elimination (IDDE), trans-
portation agencies face unique
challenges due to an unequal
comparison to municipalities.
Unlike municipalities, which
occupy land within a given
jurisdictional boundary that
may include multiple water-
sheds, land cover and land
uses, transportation agencies
primarily manage linear sys-
tems. One roadway may span
an entire state, several geologi-
cal formations; large and small
communities, and span bridges
over multiple water bodies. As
a result, identifying, tracking
and managing for point source
pollution, illegal sewer connec-
tions, and other infrastructure
concerns differs greatly from
that of a municipal MS4. That
said, compliance activities do
still occur – just in a different
form. Illicit discharge from
roadways may more commonly
occur from traffic accidents
as spills. Most transportation
agencies already track inci-
dents, and provide public in-
formation regarding spill con-
tainment and safety as a result
of response.
Other existing programs
also can work with cross-pur-
poses for both discharge detection and
outreach, education and even public in-
volvement. Litter reporting hotlines, email
addresses and Adopt-A-Highway programs
provide citizens an opportunity to partici-
pate and share information on issues not
only related to litter removal and reporting,
but also potential water quality concerns.
Because most departments of transporta-
tion already implement such programs,
one MS4 compliance effort should be to
incorporate water quality and stormwater
management information and activities
with these existing programs.
Regardless of whether or not the MS4
permit holder is a municipality, compliance
is necessary. If nothing else, MS4 compli-
ance means we are making a conscious ef-
fort to protect and maintain our local water
resources to the best of our abilities. The in-
tent of environmental regulation is to min-
imize, if not eliminate pollution whenever
possible. Permits are established as a means
MS4 compliance means we are making a conscious effort to pro-
tect and maintain our local water resources to the best of our
abilities.

5. STORMWATER MANAGEMENT
www.landandwater.com 33
of defining activities and establishing pa-
rameters to determine the scope of com-
pliance and metrics by which performance
is measured. The structure and processes
related to an agency-wide MS4 program
are defined (and approved) by the language
contained in the permit. However, the per-
mit itself is not the key to compliance. The
activities and obligations identified within
serve as the means to program compliance.
The goals and vision of a successful, com-
prehensive MS4 program should include
the following key elements:
Clear, Consistent Language: Ensure
every employee understands at a basic level
the objectives of the agency MS4 program.
If staff can understand, compliance is more
likely. If regulators observe broad under-
standing among staff, they too should be
able to understand the goals and objectives.
Flexible: While regulatory require-
ments often do contain rigid restrictions,
opportunities do exist for interpretation
and inclusion of new approaches. Keep
options open for innovative practices, in-
corporating new technology, and engaging
with “new” stakeholders who may not tra-
ditionally be included in the decision mak-
ing process.
Streamlined: While compliance ac-
tivities may be distributed across the en-
tire organization, ultimate responsibility
should lie within one division or one pro-
gram contact to promote efficiency. One
person will submit the final permit and
subsequent reports. This is not a likely ac-
tivity to be shared among multiple staff.
Transparent, Trackable, Enforce-
able: Public agencies, as well as those mak-
ing use of public funds through grants and
other programs, are obligated to ensure
transparency in government. This includes
the availability of records, documents and
other pertinent information. A website
dedicated to general public information
on MS4 compliance helps ensure trans-
parency. By tracking compliance activities,
corrective actions are more effectively en-
forced. In addition, public funds allocated
for compliance activities may be more ef-
ficiently utilized. L&W
by Rebecca Kauten & Carrie
Powers
For more information, contact Rebecca
Kauten, rebecca-kauten@uiowa.edu and for
questions about the straw or SPLASH contact
Carrie Powers, cpowers@glendale.co.us
As citizens become aware of water quality data through their own observations,
often times it motivates them to change their own pollution causing behaviors.