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5 <br />', ~~ • Effectiveness - program elements effectively address stormwater pollutants. <br />~ ^ Local Applicability - technically feasible considering local soils, geography, etc.. <br />• Program Resources - program elements are being implemented to the maximum extent <br />practicable given available resources and the permittees stormwater management <br />program priorities. <br />The MEP determination language will be included in the "Permit Renewal Submittal" <br />requirements of the permits so that DEQ has the information on hand at the end of the next <br />permit cycle. ' <br />Lonq Term Maintenance <br />Regular maintenance will ensure stormwater treatment facilities maintain effective infiltration, flow <br />control and pollutant removal. Oregon's Phase I permits have general requirements related to <br />maintenance, but the permit and annual reporting requirements are vague. Currently, develope~s <br />are not typically responsible for the long-term performance of stormwater treatment facilities, so <br />the treatment facilities are designed to minimize the cost and/or area of the facility, not for ease of <br />maintenance or to maximize water quality and flow management benefits. A few Phase I <br />communities assume responsibility for stormwater treatment facility maintenance on private <br />property. Some permittees provided information on long term maintenance of public and private <br />stormwater facilities in their SWMP and%or annual reports, but the majority did not. EPA's MS4 <br />Program Evaluation Guidance (January 2007) recommends that states focus on long-term <br />maintenance of public and private facilities when Phase I programs are evaluated. In order to be <br />consistent with EPA's Program Evaluation Guidance, DEQ believes that municipal stormwater <br />programs should include long term maintenance element for both public and private facilities and <br />`` J <br />~ that tt~e MS4 permits should include appropriate requirements. <br />~'~" Permittees agreed to include a description of their long term maintenance programs in their <br />SWMPs and to report on program activities annually. DEQ and the permittees agreed that <br />specific permit language will be addressed during permit negotiations. <br />Anticipated Permit Language <br />The next permits will include language clarifying that permittees must implement a maintenance <br />and inspection program for both public and private stormwater treatment facilities. If a public or <br />private stormwater facility treats runoff from an impervious area greater than 5000 square feet, <br />the facility will need to be addressed via the permittee's maintenance and inspection program. <br />The permits will include the following requirements: <br />• Inventory and map the location of public and private stormwater treatment facilities that <br />serve an impervious area greater than 5,000 square feet. <br />~ Require maintenance agreements for private stormwater treatment facilities that serve <br />an impervious area greater than 5,000 square feet. Maintenance agreements will <br />specify the actions to be taken'and when, as well as identify the party legally responsible <br />for facility maintenance. <br />• Inspect private facilities or require inspections and reporting by owner/operators in the <br />maintenance agreements. <br />• Ensure that inspections and maintenance of public and pr'ivate facilities are occurring at <br />a frequency that is adequate to maintain effective infilt~ation, flow control and pollutant <br />removal. <br />^ Develop local requirements to ensure that stormwater treatment facilities are designed to <br />facilitate maintenance. <br />,~ <br />5 <br />