Transcript No Slide Title

SW101
Large and Small Construction
Denise Hamilton, EPA Region 6
8th Annual Region 6 MS4 Operators Conference
June 26, 2006
Source: NCTCOG Storm Water Pollution Prevention Storm Water Pollution Prevention
Practices for Practices for Construction
Source: NCTCOG Storm Water Pollution Prevention Storm Water Pollution Prevention
Practices for Practices for Construction
Regulated Industrial Activities:
Construction
• Found under Category (x) of “Industrial Activity”
and in “Small Construction”
• Land Disturbance of one or more acres
– Clearing, grading or excavation
• Activities part of a larger common plan of
development
– Multiple activities within a contiguous area
– Includes activities taking place on different schedules
“Common Plan”
EX: 8-¼ acre lots in subdivision = 2 acre small construction project
“Common Plan”
EX: 32-¼ acre lots in subdivision = 8 acre large construction project
Part of “Common Plan”
EX: First ¼ acre lot = part of larger development project
“Common Plan” - Infill
EX: ¼ acre lot, 4 left = part of 1 acre small construction project
“Common Plan” - Infill
EX: ¼ acre lot, 2 left = part of ½ acre project
“Common Plan” – New Plan
POOL
EX: ¼ acre lot later adding pool => only count pool disturbance
“Common Plan” – ¼ Mile
EX: Existing road, projects ¼ apart = part of 1/4 acre project
“Common Plan” – Future Plans
EX: If college grows, we have area we could put new dorm someday
Who Needs a Permit –
“Operators”
. . . any party associated with the construction project
that meets either of the following criteria:
(1) The party has operational control over project specifications
(including the ability to make modifications in specifications),
or
(2) the party has day-to-day operational control of those
activities at a project site which are necessary to ensure
compliance with the storm water pollution prevention plan or
other permit conditions (e. g., they are authorized to direct
workers at the site to carry out activities identified in the
storm water pollution prevention plan or comply with other
Large Construction (Phase I)
Permitting
• Construction General Permit (CGP)
• No waivers available
• Requires storm water pollution prevention
plan and NOI
Small Construction (Phase II)
Permitting
• EPA has one CGP, some states have separate
large vs. small general permits
• Potential permit coverage for:
– Construction activity that disturbs less than 1 acre of
land may be designated based on water quality impact
Waivers for
Small Construction Activities
• Rainfall erosivity factor less than 5
(“low rainfall erosivity”)
• Storm water controls are not needed
based on a TMDL or equivalent
assessment that addresses the pollutants
of concern
Overview of Storm Water Construction
General Permits & BMPs
How Do General Permits Work?
• Permit issued and then eligible dischargers
“register” with a Notice of Intent (NOI)
• STEPS:
–
–
–
–
Get copy of permit
Make sure you are eligible
Prepare Pollution Prevention Plan (SWP3)
THEN submit NOI
How Could MS4 Permits
Impact Construction?
• Requirement for MS4 controls on
construction
• Requirement for MS4 controls on
development and redevelopment
• Requirements for public involvement and
participation in MS4 Storm Water
Management Program
• QLPs?
CGP in a Nutshell
City of Greater Bendigo, Victoria, Australia
What Discharges are Covered
by the Permit?
• Storm water discharges associated with
large construction (5+ acres)
• Storm water discharges associated with
small construction (1-5 acres)
• Certain incidental non-storm water
discharges associated with construction
sites
What Discharges are NOT
Covered by the Permit?
•
•
•
•
Most non-storm water
Post construction storm water discharges
Discharges under another permit
Discharges that would cause or contribute to
non-attainment of water quality standards
• Discharges not consistent with a TMDL
Endangered Species Act
and the CGP
• Permittees must certify on the NOI that no
impacts to endangered species are likely or
have previous ESA authorization for
adverse effects
• Addendum contains guidance
National Historic Preservation
Act and the CGP
• Must certify:
– That discharges do not affect property that is listed,
or eligible for listing, under the NHPA; or
– That facility can obtain, and maintain compliance
with, a written agreement with the State or Tribal
Historic Preservation Officer
• Addendum contains guidance
What Goes Into a SWP3?
•
•
•
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Site information and map
Best Management Practices (BMPs) you will use
Records/Inspections
Feedback loop on effectiveness – the SWP3 is
supposed to be a “living” document
What BMPs must be in a SWP3?
• LOTS of flexibility
• Must include:
–
–
–
–
Site and activity description
Controls to reduce pollutants during construction
Stabilization of disturbed areas
Description of post-construction controls
I’ve got permit coverage, now what?
• Post your site sign
• Implement the SWP3 you developed
• Conduct and document your inspections – addressing
any maintenance or SWP3 revisions as necessary
• Option to inspect every other week plus after 0.5” rain
OR simply once per week – document your choice in
your SWP3 (1/wk option not available in all States)
When can I terminate my permit?
• Earth disturbing activities finished and site has been
finally stabilized
• Someone else has replaced you as the “operator”
• For residential construction, once site is temporarily
stabilized and occupied by the homeowner (e.g, wants to
put in their own lawn).
What are my“final stabilization”
options?
• 70% of background vegetative cover (semi-permanent
practices leading to final stabilization allowed in some
states)
• Non-vegetative stabilization (riprap, gabions, etc.) –
impervious cover used simply for stabilization should be
avoided
• On agricultural land, return to pre-construction
agricultural use (e.g., row crops, etc.)