Storm Water Stormwater Storm-water by f9d602f216ec8297

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									   NPDES Storm Water

         Phase II
         Small MS4’s

     Everett Spencer
    Enforcement Officer
      EPA Region 6

Beaumont, TX - June 13, 2002

   Storm Water - Compliance, and Enforcement:
       Everett Spencer (6EN-WT)
        Enforcement Officer
   Storm Water - Permit Questions:
       Brent Larsen (6WQ-PP)
        NPDES Permit Writer
 NPDES Small MS4
Storm Water Program
           What is an MS4?
A municipal separate storm sewer system
(MS4) is:
A conveyance or system of conveyances... owned
by a State, city, town, or other public entity that
discharges to waters of the U.S. and is:
•   designed or used for collecting or conveying storm
•   not a combined sewer
•   not part of a Publicly Owned Treatment Works
      Phase I MS4 Coverage
Phase I covers Large and Medium MS4s

  •   Large MS4s are in places with a population of

  •   Medium MS4s are in places with a population
      of 100,000 < 249,999

  •   Many MS4s in places less than 100,000 have
      also been designated by the PA
   Phase II MS4 Coverage
A small MS4 is:

 Any MS4 that is not already
 designated and regulated as a
 medium or large MS4 under
 Phase I. This includes Federally-
 operated systems.
      Phase II MS4 Coverage
A Phase II-regulated small MS4 is any
small MS4:

•   Located in an “urbanized area”
    (nationwide designation) and not waived by
    the PA; or

•   Designated by the PA
   Urbanized Area Definition

A central place (or places) and the
adjacent densely settled surrounding
territory that together have a minimum
residential population of 50,000 people
and a minimum average density of
1,000 people/square mile.
Urbanized Area Map
 Determining Location in a UA
 Operators  of small MS4s should determine
 if they are located within the boundaries of
 a Bureau of the Census-defined
 “urbanized area” based on the latest
 decennial Census

 Operatorshave several options for finding
 the necessary information regarding UA
    Determining Location in a UA

   Appendix 6 to the preamble
   State Data Centers
    Designation by the PA
The PA must develop and apply
designation criteria to all small MS4s
located outside of a UA that serve a
jurisdiction with a population of at
least 10,000 and a population density
of at least 1,000 people/sq. mi.
      Designation by the PA
         Designation Criteria
 Discharge   to sensitive waters
 High growth or growth potential
 High population density
 Contiguity to an urbanized area
 Significant contributor of pollutants to
  waters of the U.S.
 Ineffective protection of water quality by
  other programs
   Designation by the PA

The PA must also designate any small
MS4 that is contributing substantially to
the pollutant loadings of a physically
interconnected MS4 that is regulated
under the NPDES Storm Water
    Small MS4 Waiver Option 1
Available for small MS4s in UAs where…

•   The small MS4 serves a population <1,000 within
    the UA

•   The small MS4 is not contributing pollutants to a
    physically interconnected regulated MS4

•   If the small MS4 is discharging to an impaired water
    body, storm water controls are not needed based on
    a TMDL that addresses the pollutants of concern
    Small MS4 Waiver Option 2
Available for small MS4s in UAs where…
•   The small MS4 serves a population <10,000
•   The PA has evaluated all waters that receive a
    discharge from the small MS4
•   The PA has determined that storm water controls
    are not needed based on a TMDL or equivalent
    analysis that addresses the pollutants of concern
•   The PA has determined that future discharges will
    not impact water quality.
Regulated Small MS4 Phase-In

 The PA may phase-in the
 requirements for regulated small
 MS4s with populations less than
 10,000 on a schedule consistent
 with a State watershed permitting
        Permit Requirements
Required to develop, implement and enforce a
storm water management program to:

•   Reduce the discharge of pollutants to the
    maximum extent practicable (MEP)
•   Protect water quality
•   Satisfy the appropriate water quality
    requirements of the Clean Water Act
      Permit Requirements

The storm water management
program must include:

•   Six minimum control measures
•   Evaluation/assessment efforts
•   Recordkeeping
       Permit Requirements
 Must submit an NOI or individual permit
 application and identify the following
 elements for each minimum control
  •   Best management practices
  •   Measurable goals
  •   Timing and frequency of the actions
  •   Responsible persons

 EPA will issue a “menu” of BMPs as
         Permit Requirements

Must evaluate program and submit reports:
  •   Annual reports in the first permit term, in
      years 2 and 4 in subsequent terms
  •   No monitoring is required under the rule, but
      may be required by the PA
  •   Also need to keep relevant records for at
      least 3 years
            Permit Requirements
Reports must include:
  •   Status of compliance with permit conditions:
       •   Assessment of BMPS and measurable goals
  •   Results of any info collected and analyzed
  •   A summary of the storm water activities
      planned for the next reporting cycle
  •   A change in any BMPs or measurable goals
  •   Notice that relying on another entity, if
             Permit Options

General Permit
 Strongly encouraged by EPA
 Application: Notice of Intent (NOI)
 Application requirements: Follow rule
  requirements in 40 CFR 122.33-122.35
 Permit requirements: Found in
  40 CFR 122.34
             Permit Options

Individual Permit
 Application   requirements:
  •   Option 1 - Phase II Application
  •   Option 2 - Phase I Application

       requirements: Found in
 Permit
 40 CFR 122.34 or 122.26(d)
              Permit Options
Modification of Existing Phase I Permit --
 Co-permittee with Medium/Large MS4

 Application    requirements
  •   Comply with applicable Phase I MS4
      application requirements in lieu of Phase II
 Permit   requirements
  •   Comply with the applicable terms of the
      modified permit in lieu Phase II requirements
   Permit Flexibility for the PA
Qualifying State, Tribal and Local Programs

 PA may include conditions that direct the
 operator to follow a “qualifying” program’s
 requirements rather than the requirements of
 the minimum control measures

 The permittee’s compliance with the
 qualifying program is deemed compliance
 with the NPDES permit for the particular
   Permit Flexibility for the PA
Recognizing Existing State, Tribal and
 Local Responsibilities
 In the small MS4 permit, the PA may
  recognize that another governmental entity
  is responsible, under an NPDES permit, for
  one or more of the minimum control
 The  permittee is not obligated to include the
  particular measure(s) in their program
    Regulated Small MS4
  Permit Flexibility Examples
 Qualifying   local programs
  •   State program requires MS4 operators to
      eliminate illicit discharges

 Recognizing    existing programs
  •   Phase I county has developed outreach
      program for whole county
Program Implementation Options

   Become a co-permittee with another regulated
    small, medium, or large MS4
   Seek own permit but rely on another entity for
    one or more of the minimum control measures
          Must be as stringent
          Make a note in NOI and reports
          Must have permission
          Permittee remains liable
Deadlines for Small MS4 Compliance
 “Automatically”    designated small MS4s:
  •   Permit coverage by March 10, 2003
  •   If PA has approved schedule for phasing
      coverage for MS4s <10,000 - coverage by
      March 8, 2007
 Individually   designated small MS4s:
  •   Permit coverage within 180 days of notice
 Full   implementation of MS4’s program:
  •   Within 5 years of permit issuance
 Minimum Measures,
BMPs and Measurable
 Minimum Control Measure:
Public Education and Outreach

 Distribute educational materials to the
  community, or
 Conduct equivalent outreach activities
 about the impacts of storm water
 discharges on water bodies and the
 steps that the public can take to reduce
 pollutants in storm water runoff
 Minimum Control Measure:
Public Education and Outreach

 May use materials provided by others
 Inform public on how to get involved in storm
  water program activities
 Tailor program to target specific groups of
  entities, particularly those likely to have
  significant storm water impacts
 Address the viewpoints and concerns of
  minority and disadvantaged communities
 Public Education and Outreach
What Are Some BMPs for Implementing This Measure?

 Develop   and distribute brochures on
  proper septic system maintenance
 Target specific groups - outreach to
  restaurants on impact of grease clogging
  storm drains
 Develop alternative information sources,
  such as web sites, bumper stickers,
  refrigerator magnets, posters for bus and
  subway stops, and restaurant placemats
 Storm Drain Stenciling
 Public Education and Outreach
What Are Some BMPs for Implementing This Measure?

 Brochures   on proper use and disposal of
  landscape and garden chemicals/fertilizers
 Develop educational programs for school-
  age children
 Include information on the water quality of
  nearby rivers/lakes in community mailings
 Survey the public’s knowledge on water
 Public Education and Outreach
What Are Appropriate Measurable Goals?

Target Activity
1 year   3 Brochures developed and distributed in water
         utility bills

2 years A web site created; school curricula developed;
        storm drains stenciled.
3 years 75% of public reached with storm water
        educational material

4 years Survey shows 20% increase in public
        awareness of storm water
 Minimum Control Measure:
Public Involvement/Participation
 Comply with State, Tribal and local
  public notice requirements

 Provide opportunities for the public to
  participate, such as:
   Localstorm water management panel
   Volunteer monitoring
         Public Participation
What Are Some BMPs for Implementing This Measure?

 Set up a local storm water management panel
  which includes members of the public
 Establish volunteer water quality monitoring
 Stream Clean Up Days
 Use volunteers groups to find/map outfalls
 Set up a hotline for water quality complaints
           Public Participation
What Are Appropriate Measurable Goals?

Target   Activity
1 year   Notice of a public meeting in different print
         media and bilingual flyers; local SW panel

2 years Final recommendations of local SW panel; radio
        spots promoting program and participation.
3 years 3 Stream Clean Up days held every year
4 years Volunteer monitoring results published
    Minimum Control Measure:
Illicit Discharge Detection and Elimination

What are some sources of illicit discharges?
   Sanitary wastewater
   Effluent from septic tanks
   Improper auto and household toxics disposal
   Do all illicit discharges need to be addressed?
   No, not all illicit discharges are illegal
        (e.g., fire fighting, dechlorinated
        swimming pool water, etc.)
  Minimum Control Measure:
Illicit Discharge Detection and Elimination
 Develop    a sewer system map of all outfalls
  and the names of all receiving waters
 Prohibit non-storm water discharges,
  through an ordinance or other means, and
  implement appropriate enforcement
 Implement a plan to detect and address
  non-storm water discharges
 Inform public of hazards associated with
  illegal discharges and improper disposal of
  Minimum Control Measure:
Illicit Discharge Detection and Elimination

   A plan with procedures for:
     Locating priority problem areas
     Tracing the source of an illicit discharge
     Removing the source
     Program evaluation & assessment
   Promotion of public reporting of discharges
   Distribution of outreach materials
   Storm drain stenciling
Illicit Discharge Detection & Elimination
What Are Some BMPs for Implementing This Measure?

   Collect all existing information on outfall locations
    (e.g., city records, drainage maps, storm drain maps),
    and then conduct field surveys to verify locations;
   Coordinate volunteers for locating outfalls or stenciling
    storm drains.
   Develop storm water ordinance to prohibit illicit
   Locate problem areas for detailed screening using
    methods such as public complaints; visual screening;
    water sampling from manholes and outfalls during dry
    weather; and infrared and thermal photography.
Illicit Discharge Detection & Elimination
What Are Some BMPs for Implementing This Measure?

   Determine the source of the problems using
    methods such as:
       dye-testing buildings in problem areas;
       dye- or smoke-testing buildings at the time of sale;
       tracing the discharge upstream in the storm sewer;
       employing a certification program that shows that
        buildings have been checked for illicit connections;
       implementing an inspection program of existing
        septic systems; and
       using video to inspect the storm sewers.
Illicit Discharge Detection & Elimination
What Are Some BMPs for Implementing This Measure?

 Educate and work with dischargers found to be
  sources of illicit connections.
 Develop informative brochures on proper
  disposal methods for specific audiences and
  school curricula.
 Design a program to publicize and facilitate
  public reporting of illicit discharges.
 Initiate recycling programs for commonly
  dumped wastes, such as motor oil, antifreeze,
  and pesticides.
 Illicit Discharge Detection & Elimination
   What Are Appropriate Measurable Goals?

Target    Activity
1 year    Outfall locations mapped; recycling program for
          household hazardous waste in place.
2 years Ordinance in place; training for public employees

3 years 50% of priority areas have been screened for
        illicit discharges; households participating in
        quarterly household hazardous waste special
        collection days.
4 years all identified illicit connections have been fixed.
 Minimum Control Measure:
   Construction Site Storm Water
          Runoff Control
 Develop a program to reduce pollutants from
 construction activities that disturb > 1 acre
 Use an ordinance, or other regulatory means,
 with penalties, that requires appropriate E&S
 controls and requirements to control waste
 Have     procedures for:
   site plan review
   site inspection & enforcement
   public input
    Minimum Control Measure:
      Construction Site Storm Water
             Runoff Control
 Procedures for site plan review should include
  review of individual pre-construction site plans
   Procedures for site inspections and
    enforcement could include steps to identify
    priority sites based on the nature of the site,
    topography, soil characteristics, and receiving
    water quality.
   Provide appropriate educational and training
    measures for construction site operators
Construction Site Runoff Control
What Are Some BMPs for Implementing This Measure?

 Develop   an ordinance that requires
  controls for polluted runoff from
  construction sites that disturb more than
  one acre;
 Develop procedures for site plan reviews
  and inspections;
 Develop procedures for the receipt and
  consideration of public inquiries, concerns,
  and information submitted regarding local
  construction activities.
Construction Site Runoff Control
What Are Some BMPs for Implementing This Measure?

 E&S   Control BMPs which can be used
  on site include:
    phased   grading
    stabilized construction entrance
    entrance/exit tire wash
    temporary seeding and mulching
    erosion control blankets and geotextiles
    silt fence
    storm drain inlet protection
Construction Site Runoff Control
What Are Appropriate Measurable Goals?

Target   Activity
1 year  Ordinance or other regulatory mechanism in
        place; procedures for information submitted by
        the public in place.
2 years Procedures for site inspections implemented;
        educational program for construction operators
        in place
3 years 75% of local construction operators trained

4 years 90+% of sites complying with local ordinance
 Minimum Control Measure:
Post-construction Storm Water Management in
   New Development and Redevelopment
 Develop  a program, using an ordinance or
 other regulatory means, to address runoff
 from new development and redevelopment
 projects that disturb > 1 acre
 Implement  strategies with a combination of
 structural and/or non-structural BMPs
 Ensureadequate long-term operation &
 maintenance (O&M) of BMPs
    Minimum Control Measure:
Post-construction Storm Water Management in
   New Development and Redevelopment

   The BMPs chosen should:
      be appropriate for the local community
      minimize water quality impacts
      attempt to maintain pre-development runoff
   Participate in watershed planning efforts
   Assess existing ordinances, policies, and programs
    that address storm water runoff quality
   Provide opportunities for public participation
  Two Approaches to Storm
    Water Management
 Conveyance        Approach
    Collectand concentrate runoff through a
     network of gutters, drainage structures,
     and underground pipes

 Infiltration    Approach
              runoff into the soil by allowing it to
    Infiltrate
     flow slowly over permeable surfaces
      Basic Low Impact Design
  Conservation            Multifunctional
  Minimize Impacts         Landscape
  Hydraulically           Increase Flow Path
   Disconnect              Unique Watershed
  Disburse runoff          Storage Design
  Uniform Distribution    Upland Treatment

  Micro-scale             Pollution Prevention

PG County, LID Manual
       Post-Construction/ New
    What Are Some Non-Structural BMPs for
         Implementing This Measure?
 Develop master plans, comprehensive plans,
  or zoning ordinances to guide the growth of
  your community away from sensitive areas and
  restrict certain types of growth to areas that
  can support it without compromising water
 Establish site-based local controls such as
  buffer strip and riparian zone preservation,
  minimization of disturbance and
  imperviousness, and maximization of open
        Post-Construction/ New
      Development/ Redevelopment
       What Are Some Structural BMPs for
         Implementing This Measure?
   Incorporate storm water storage into your system by
    gathering runoff in wet ponds, dry basins, or
    multichamber catch basins and slowly releasing it to
    receiving waters or drainage systems.
   Build infiltration systems such as infiltration
    basins/trenches, dry wells, and porous pavement, to
    facilitate the percolation of runoff through the soil to
    ground water, and, thereby reduce storm water quantity
    and mobilization of pollutants.
     Post-Construction/ New
   Development/ Redevelopment
      What Are Some Structural BMPs for
        Implementing This Measure?
Incorporate vegetative practices such as:
     grassy swales,
     filter strips,
     artificial wetlands, and
     rain gardens
to enhance pollutant removal, maintain/improve
  natural site hydrology, promote healthier
  habitats, and increase aesthetic appeal.
     Post-Construction/ New
   Development/ Redevelopment
What Are Appropriate Measurable Goals?
Target Activity
1 year  Strategies developed that include
        structural and/or non-structural BMPs.
2 years Strategies codified by use of ordinance
        or other regulatory mechanism.
3 years Reduced percent of new impervious
        surfaces associated with new
        development projects.
4 years Improved clarity and reduced
        sedimentation of local waterbodies.
  Minimum Control Measure:
Pollution Prevention/Good Housekeeping
        for Municipal Operations
 Developan O&M program to prevent or
 reduce pollutant runoff from operations
 Includeemployee training to prevent and
 reduce storm water pollution from activities
 such as the maintenance of park and open
 space, buildings, and storm water
    Minimum Control Measure:
Pollution Prevention/Good Housekeeping
        for Municipal Operations
 Maintenance activities and schedules, and long-term
  inspection procedures
   Controls on the discharge of pollutants from streets,
    salt/sand storage areas, waste transfer stations, etc.
   Procedures for disposing of waste from the MS4
   Ways to ensure new flood management projects
    assess impacts on water quality
Pollution Prevention/ Good Housekeeping
         for Municipal Operations
What Are Some BMPs for Implementing This Measure?
 Establish maintenance activities, maintenance
  schedules, and long-term inspection
  procedures for structural and non-structural
  controls to reduce floatables and other
  pollutants discharged from the separate storm
 Establish procedures for the proper disposal of
  waste removed from the separate storm sewer
  systems, including dredge spoil, accumulated
  sediments, floatables, and other debris.
Pollution Prevention/ Good Housekeeping
         for Municipal Operations
 What Are Some BMPs for Implementing This
   Develop programs that promote recycling,
    minimize pesticide use and protect salt sand

   Coordinate with flood control managers to
    ensure that new flood management projects
    assess the impacts on water quality and
    examine existing projects for incorporation of
    additional water quality protection devices or
Pollution Prevention/ Good Housekeeping
         for Municipal Operations
   What Are Appropriate Measurable Goals?
 Target  Activity
 1 year Pollution prevention plan completed; employee
         training materials developed; procedures in
         place for catch basin cleaning and street
                                  employees completed;
 2 years Training for appropriateimplemented.
         recycling program fully
                                     BMPs incorporated
 3 years Some pollution prevention percentage reduction
         into master plan; a certain
         in pesticide and sand/salt use; maintenance
         schedule for BMPs established.
 4 years A certain percentage reduction in floatables
         discharged; a certain compliance rate with
         maintenance schedules for BMPs; controls in
         place for all areas of concern.
Interaction of the MS4,
   Construction, and
  Industrial Programs
Training Review

 We have addressed:
    Who is covered
    Who is responsible for obtaining permit
    What is required and when

 Now will address:
    Similar but different requirements
    Multiple responsibilities
Changes to Industrial Program
 ISTEA moratorium will      expire
 “Noexposure” exclusion expanded to all
 industrial categories
 All   industrial categories must either:
   Submit   No Exposure Certification
   Apply   for Permit Coverage
Construction Permits
 Specific  Requirements for small
  construction will be in GP
 Current CGP expires 2/2003
 Small CGP will be issued by 12/2002
 EPA’s next CGP will contain requirements
  for all construction activity
 Requirements may be different for small
  and large construction
Small MS4 Program
 Small MS4 program will have general
  permits & NOIs as application
 All MS4s required to meet MEP standard
 Small MS4s have no requirements for:
    Monitoring

    Oversight of Industrial Activity
Multiple Responsibilities
Construction Operators

 Any location - must obtain NPDES coverage
 Located in regulated small MS4 - must also comply
  with MS4’s construction requirements
 MS4 construction requirements similar to CGP but no
  SWPPP required
 CGP can reference qualifying local program
 Compliance with QLP is compliance with NPDES
Reasons for MS4 Construction

 Requirements tailored   to locality
 Local  oversight more effective than just
  State oversight
Reasons for NPDES Construction

 SWPPP required
 Federal   and Citizen enforcement
 Controls discharges  from construction to
  all waters of US, not just to MS4s
 Multiple Responsibilities
 Municipal Operators

 Ifregulated small MS4 is construction or
  industrial operator it must obtain permit
  coverage for those activities
 Coverage  may be through 3 GPs or individual
  permit that includes industrial and municipal
 Small MS4 application date is same for
  municipal and industrial requirements
Construction Phase I
 Compliance Issues
      The following is a Review of current
    Requirements and common problems
  for Phase I permits. Phase II construction
permits will use a similar type general permit.
This is best info that Enforcement can provide
     until the Phase II permits are issued.
     Construction Permitting
         needs a permit if the overall
 Facility
  common plan of development or sale is
  5 or more acres and not otherwise
 Exemptions:
   Municipal projects if municipality is less
    than 100,000
   Agricultural
             Who Needs Permitted
   EPA Permits the “Operator”:
       The "operator" is the party or parties that either
        individually or taken together meet the following
        two criteria:
            1) They have operational control over the site
             specifications (including the ability to make modifications
             in specifications); and
            2) they have the day-to-day operational control of those
             activities at the site necessary to ensure compliance with
             plan requirements and permit conditions (e.g., are
             authorized to carry out activities identified in the plan).
 Typical   Commercial Construction Site
   Developer (controls site specs)
   General Contractor (day-to-day activities)

 Typical   Residential Construction Site
   Developer

   Each    Builder
              Permit Coverage
 Each Party that it takes to meet the definition
  of “Operator” must obtain permit coverage.
 Each Party (e.g. Developer and General
  Contractor) must submit applications and
  obtain permit coverage.
 Must obtain permit coverage before starting
  earth disturbing activities.
 Current General Permit available in Texas
       July 6, 1998 [63 Fed. Reg. 36489-36519]
                  How to Apply
   General Permit – Submit a Notice of Intent
    (NOI) application form to:
       Storm Water Notice of Intent (4203M)
        US EPA - Ariel Rios Building
        1200 Pennsylvania Ave., NW
        Washington, DC 20460
       Recommend it be sent Certified Mail
   Obtain permit coverage 48 hours after post
    mark of NOI, but only if:
       NOI is Administratively Complete
       Signed by an Authorized Person
             Authorized Person
 Must sign the NOI, SWPPP, all reports to the
  SWPPP, and information submitted to EPA
 May Delegate Authority to a non-authorized
  person (except for NOIs) if they submit a
  letter to EPA Region 6 assigning the
  delegation (see delegation letter)
       Non-authorized person may be a job title or even
        a different company
 Authorized Definition at 40 CFR 122.22
 Generally an Authorized person is:
       Corporation: Officer of the Company
       Partnership: Partner
       Proprietorship: Proprietor
 Storm Water Pollution Prevention Plan
 The NOI asks you if you have prepared a
  SWPPP prior to submittal of the NOI and you
  must certify that you have done so BEFORE
  submitting the NOI
 “Operators” are responsible for the SWPPP
  even if they did not prepare it.
       A General Contractor is obligated to review the
        SWPPP provided by a Developer
            Cannot just accept a SWPPP like they do site plans
       Use the permit and EPA’s checklists to assure all
        components are in the SWPPP
              Construction Sign
   Must be posted at the Entrance of the Facility
       Can a reasonable person determine the primary
        construction entrance and read this sign from that
        entrance without entering the property?
       Does not include such places as in the trailer or on
        the Right-to-know sign
 Audience is the general public and not
  employees (e.g. not on the Right-to-know sign)
 Separate sign for EACH operator
       Separate one for developer and general contractor
   Must post NOI next to sign(s) until you get
    your permit number(s)
   Minimum of Bi-Weekly and within 24 hours
    after the end of a 0.5” rainfall
       If it rains Saturday, who inspects on Sunday?
   Must be Done by Qualified Personnel
       Qualifications must be documented in the SWPPP
   As a report to the SWPPP, Inspections Must
    be signed and certified
       Recommend Delegating Authority to the Inspector
        to certify these reports
   Purpose
       Evaluate Effectiveness of Controls
            Determine which controls need Replaced
            Determine which controls can be removed
            Determine what new controls are needed
            Evaluate “other” Best Management Practices such as
             good housekeeping and storage of potential pollutants
   Must Update SWPPP afterwards
       File Inspection report (signed & certified)
       Update Site Map
       Update any controls or Best Management Practice
               Qualified Inspector
 No formal certification or license
 Must provide documentation in SWPPP
       Experience
            Years in construction
            Number of SWPPPs implemented
       Education
            College or technical training on erosion controls
            AGC Course (e.g. the one you are now taking)
   EPA Enforcement:
       Would challenge qualifications of the inspector if
        he/she fails to assure SWPPP is properly
        maintained or controls are not properly
  Common Plan of Dev./Sale
 Common     Plan of Development or Sale
  starts with documentation such as plats,
  blue prints, marketing plans, etc.
 Test for End of a Common Plan of
  Development or Sale:
   Was   the original plan and its modifications
    ever substantially completed
   Is there a clearly identifiable period of time
    where there is no on-going construction
             Endangered Species
   Must be a report in the SWPPP on
    endangered species
       Must be signed and certified
       A one line conclusion of no-impact is not
            Must document how you arrived at this conclusion
   ESA – Implemented by US Fish & Wildlife
    and not EPA
       Contact US Fish & Wildlife on minimum
        acceptable standards for compliance with ESA
   Failure to Comply with ESA may make you
    ineligible for the Construction General Permit
        Historic Preservation Act
   Must be a report in the SWPPP on impacts of
    sites listed on the National Register of
    Historic Places.
       Must be signed and certified
       A one line conclusion of no-impact is not
            Must document how you arrived at this conclusion
   Contact your State Historic Preservation
    Officer for more information
                  Erosion Controls
   Must be fully documented in SWPPP
       Includes
            design specifications
            installation instructions
            maintenance schedules
   Post-construction controls
       Must specifically be documented
   Detention Preferred
       Every 10 Acres of common drainage
            Detention pond of 3600 ft^3 per acre drainage
       May Use Alternative Equivalent Controls
            Must specify what these controls are and specifically
             state that they are equivalent to Detention
                      Site Map
   Must show flow directions
       Topo or arrows are appropriate indicators
   Must be Current
       Updated as of the last inspection
       All controls are marked as to whether they are
        installed or removed
       All areas finally stabilized are so indicated
   Must have a separate general location map
       Includes major streets and waters of the U.S.
            Runoff Coefficients
   Number between 0 and 1 indicating how fast
    water will runoff
       0 = 100% pervious cover (Amazon jungle)
       1 = 100% impervious cover (all paved)
 1992 Region 6 Construction General Permit
  only required Post-Runoff Coefficient
 1998 Permit requires Pre and Post-Runoff
           Good Housekeeping
 Construction Debris and Floatables
 Having subs pick up after themselves by the
  end of the day
 Properly protect potential pollutant materials
  at end of day or before rain (e.g. store
  chemical drums, such as concrete cure, that
  have been opened under cover or under a
 Designate storage areas for fuels, lubricants,
  paints, solvents, etc.
       Document in SWPPP and on site map
     Offsite Material Storage
 Includes staging areas and borrow pits
 Must be included in the SWPPP if they are
  solely dedicated to the construction project.
 General Contractor will usually have to add
  this to the SWPPP because the engineer will
  not know prior to construction where or if the
  general contractor will make use of these
            NPDES Inspections
   Can be performed by EPA, TNRCC, or the
    MS4 City.
       Failure to allow your MS4 city to inspect your
        facility is a federal violation of the NPDES
        construction general permit.
 EPA authorized to Inspect and gather
  information by Section 308 of the CWA.
 EPA Policy that if any facility denies entry for
  an NPDES inspection, that EPA will obtain a
   Section 309 of CWA authorizes civil and
    criminal penalties for violations.
       Difference between a civil verses criminal violation
        is whether is knowing and negligent verses
        accidental and unknowing
   Civil Enforcement
       Judicial prosecution if more than $137,500 or
        injunctive relief required
       Administrative if less than $137,500 and injunctive
        relief not needed
    Administrative Enforcement
   Administrative Order
       Issued first to demand compliance and/or set a
        schedule for compliance
       Frequently requires a Show Cause meeting with
   Administrative Penalty Order
       Class I: Up to $27,000, but not more than $11,000
        per violation
       Class II: Up to $137,500, but not more than
        $11,000 per violation
       Both are filed with the Regional Hearing Clerk and
        EPA files public notice in the newspaper
       Resolved either by CAFO or through a Hearing
        before a RJO or ALJ
Region 6 Enforcement Actions
   Most first time violators are receiving
    administrative penalties of $15,000-50,000
    assuming no significant environmental
       Each Penalty is determined on a case-by-case
        evaluation in accordance with the Clean Water Act
        Settlement Policy of 1995.
   Wal-mart and General Contractors
       Recently settled for $1,000,000 for violations at 17
        facilities plus implementation of an environmental
        management plan.
                   Citizen Suits
 Authorized by Section 505 of the Act for up to
  $27,500 per day per violation
 Can enforce Civil violations only
 Can only be for ongoing violations and EPA
  must be given 60 days notice of a suit
 EPA’s diligent investigation and prosecution
  takes precedence over citizen suits
 Penalty monies are paid to US Treasury and
  not the plaintiffs
       Judges frequently award successful plaintiffs
        money to cover court costs
                           Its Just Dirt
   Why do we regulate the discharge of dirt?
       It’s the 2nd most frequent parameter listed as
        reason for impairment of water bodies as reported
        in the 305(b) reports to Congress.
       Discharge of Sediment and Erosion from
        Construction have environmental impacts
            High Turbidity and TSS
            Lowers Dissolved Oxygen
            Acts as a carrier for more toxic pollutants such as metals
            Fills up bottom of lakes/streams
                  May result in need for lakes to be dredged like at White
                   Rock Lake in Dallas to the tune of $18,000,000
                  Inhibits reproduction of aquatic species that are inhibited
                   by large sediment loads (e.g. salmon that need rocks on
                   bottom of stream to lay eggs)
            Pollution Prevention
   P2 is fairly new to EPA
       Works on the theory that preventing pollution from
        getting in the discharge is as effective as removing
        in through treatment
 EPA encouraging P2 to work as a cost
  effective method of protecting the
 What if P2 as a whole for the construction
  industry doesn’t work?
       May have to go to Treatment (e.g. package plants
        for treatment of storm water)
       Much more expensive

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