PROGRAMS: Water Pollution Control

DPNR/DEP’s Water Pollution Control Program (WPC) is entrusted with responsibility for implementing and enforcing water quality and pollution control laws in the USVI. Under the Clean Water Act (CWA), Section 106, the WPC Program is tasked with monitoring the marine waters of the USVI, and controlling discharges into those waters.

Major objectives of the WPC Program are to:

Ensure compliance with Territorial water quality standards;
Build and maintain information management systems for ongoing data analysis and the development of critical environmental parameters;

Monitor the health of potentially threatened biological communities;

Prevent degradation of marine waters by carefully reviewing development proposals;

Ensure that discharges to the waters of the USVI meet the requirements established by the CWA and the Territorial Pollutant Discharge Elimination System (TPDES) Permitting Program.

Programs administered and managed under the WPC Program include but are not limited to:

Ambient Monitoring Program
Territorial Pollutant Discharge Elimination System
Virgin Islands Beach Monitoring Program
Stormwater Discharge Pollution Prevention

Ambient Monitoring

WPC is charged with monitoring the ambient marine waters of the USVI, and the establishment of a large data set pertaining to site specific water quality. This data is used for several tasks including:

To help determine effluent permit limits in order to ensure the water quality use classification requirements of the receiving water body.
The development of various water body listings which, in turn, promote water quality restoration and improvements.
The redesignation of the best usage of the waters and to develop new water quality standards

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Territorial Pollutant Discharge Elimination System (TPDES)

The Territorial Pollutant Discharge Elimination System (TPDES) Program monitors discharges and enforces regulations controlling discharges from specific sites (point sources), including industrial, commercial and some residential sites that discharge into the waters of the USVI.

The TPDES program is modeled after the National Pollutant Discharge and Elimination System (NPDES) to which the Clean Water Act provides broad authority to establish the NPDES permit program, define pollution control technologies, establish effluent limitations, obtain information through reporting and compliance inspections and monitoring, and take enforcement actions when violations of the Act occur. The DPNR/DEP has oversight of all dischargers into the waters of the USVI through the TPDES permit program.

A point source is defined as “any discernable, confined and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged (VI Code T.12 §182(j)).”

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Water Pollution
Control Links

TMDL Reports, etc.
Beach Monitoring
Stormwater Pollution
Application Forms
Publications, Press
Releases etc.

The islands and cays of the USVI are surrounded by over one hundred and eighty-five nautical miles of the world’s most pristine bays and beaches, that in turn support some of the most beautiful coral reefs, mangroves, salt ponds and tropical sea grass beds. USVI waters and coastal shores are home to numerous species of fish, birds and other wildlife.

Millions of tourists and residents alike enjoy year round swimming, renowned coastal waters and breathtaking beaches in the USVI.

As in many places around the world, USVI waters are affected by development pressures from residents, industry and visitors, and related activities such as:

•	Increased construction along coastlines.
•	Boating activities.
•	Increases in pollution sources such as vessel wastes.
•	Sewage overflows and uncontrolled storm water runoff.

General Location Map for
Mangrove Lagoon and
Benner Bay TMDLs.

Virgin Islands Beach Monitoring Program

According to the US EPA's 2002 Beach Survey, more than a quarter of the reported beaches in the United States (672) issued at least one swimming advisory or beach closure in the summer of 2001. Most of these advisories were due to elevated bacteria levels primarily due to sewage overflows or storm water runoff.

Pursuant to requirements of the Beach Environmental Assessment and Coastal Health Act of 2000, DPNR/DEP established the Virgin Islands Beach Monitoring Program to improve public health and safety at USVI beaches.

Major goals of the Virgin Islands Beach Monitoring Program are:

To increase and improve water quality monitoring at local beaches,
Expand notification to the public of beach warnings or closings, and
Identify and eliminate threats to local beach water quality.

Regulatory & Legislative Context

Clean Water Act: The nation’s first comprehensive water pollution law, the Federal Water Pollution Control Act, was established in 1948. To better address rapidly evolving water pollution and water quality concerns of states and territories, the Federal Water Pollution Control Act was substantially broadened through a series of amendments in the 1960’s and 1970's. As amended in 1977 and subsequently, the Federal Water Pollution Control Act is now commonly known as the Clean Water Act.

The objective of this Clean Water Act (CWA) is to restore and maintain the chemical, biological and physical integrity of the Nation's waters. The Clean Water Act also empowers the states and territories to uphold the rules, regulations, and policies issued pursuant to the Act.

In 1972 the USVI Legislature enacted the Territorial Water Pollution Control Act in order to maintain and enhance water quality in the USVI. The DPNR/DEP is assigned the task of enforcing existing regulatory provisions, and implementing new provisions through which mandates of the Territorial Water Pollution Control Act can be realized.

BEACH Act: The BEACH Act (Beach Environmental Assessment and Coastal Health Act of 2000) amends the Clean Water Act by authorizing the US Environmental Protection Agency (EPA) to appropriate funds to states and territories for the development of water quality monitoring and notification programs, which will provide a more uniform system for protecting users of marine waters. The BEACH Act provides new opportunities for states and territories to improve monitoring of marine waters and beaches, and ultimately, to reduce health risks to the public.

Stormwater Discharge Pollution Prevention

Stormwater discharges are generated by runoff from land and impervious areas such as paved streets, parking lots, and building rooftops during rainfall events that often contain pollutants in quantities that could adversely affect water quality. Most stormwater discharges are considered point sources and require coverage by a TPDES permit. The primary method to control stormwater discharges is through the use of best management practices.

Who should be covered under the Construction General Permit?

	Permit Area – Entire Territory of the U.S.V.I.
	Eligibility – Construction activities covered
	n	All new and existing discharges composed entirely of storm water discharges associated with construction activity that enter surface waters of the territory or a storm drain leading to surface waters of the territory.
	n	Construction activities disturbing one (1) or more acres of total land
	n	Construction activities disturbing less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre.
	n	Storm water discharges from support activities Concrete or asphalt batch plants Equipment staging yards and material storage areas Excavated material disposal areas and borrow areas
	Obtaining authorization for discharge
	n	Meet eligibility requirements
	n	Submit complete and accurate NOI
	n	DPNR-DEP Director must issue letter to applicant granting coverage
	Who needs to apply?
	n	The "OPERATOR"
		Operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., owner or developer of project), or
		Day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., general contractor)
	Develop SWPPP for entire site or portion of the site for which it is the operator
	Joint SWPPP may be developed and implemented as a cooperative effort where there is more than one operator
	Three general operator scenarios and variations are possible:
	“Owner” as sole permittee - The property owner designs structures, develops and implements SWPPP, and serves as general contractor (or has an onsite representative to direct day-to-day operations). “Contractor” as sole permittee - Property owner hires on company) to design project and oversee all aspects of the construction project, including preparation and implementation of SWPPP and compliance with the permit. “Owner and contractor as co-permittees” - The owner retains control over any changes to site plans, SWPPPs, or storm water conveyance or control designs; but the contractor is responsible for overseeing actual earth disturbing activities and daily implementation of SWPPP and other permit conditions.

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Last Revised: Saturday May 13, 2006