Transcript Construction Site Erosion Control and Phase 2 of the

Module 1: Stormwater Permit
Program
Robert Pitt
Department of Civil and Environmental Engineering
University of Alabama
Tuscaloosa, AL
Early Regulations
• The Refuse Act of 1899 (33 USC 407) was
used in 1970 to establish a discharge permit
system (PL92-500). This act prohibited the
discharge of any material, except sewage
and runoff, into navigable waterways
without a permit from the Dept. of the
Army.
Goals of PL 92-500
• The NPDES was to enable Congress’ goal of no pollutant
discharges whatsoever by 1985.
• Other goals of PL 92-500 included the protection and
propagation of fish, shellfish, and wildlife and recreational
uses of water by July 1983,
• to prohibit the discharge of toxic pollutants, to continue the
funding of POTWs, to develop areawide wastewater
treatment management plans, to fund a major resource and
demonstration effort to improve treatment technology, and
to protect the rights of the States to reduce pollution and to
plan their water resources uses.
• There have been various other laws
affecting non-point water quality
management. The most important ones
include the National Environmental Policy
Act of 1969 (PL 91-190) which requires
environmental impact studies, and the Toxic
Substances Control Act of 1965 (PL 94469).
Amendments to the Water Pollution
Control Act
 1956 (making the legislation permanent and to fund
construction grants for POTWs),
 1961 (increased funding for water quality research and
construction grants),
 1965 (increased construction grants and started research
concerning combined sewer overflows),
 1966 (removed the dollar limit on construction grants),
 1972 (the most important advances to this date; act
renamed “Clean Water Act”),
 1977 (to extend some of the deadlines established in the
1972 amendments), and
 1988 (to require discharge permits for stormwater).
Phase I of the Stormwater Permit
Program
• The EPA regulations to control stormwater runoff were first
published in the Dec. 7, 1988 issue of the Federal Register.
• These regulations initiated a permit process for urban runoff,
but the reporting information required and the schedules vary
depending on the land use and the size of the community.
• The EPA was required by Section 405 of the Water Quality Act
of 1987 to establish permit application requirements for large
municipalities (having populations greater than 250,000) and
industrial concerns (including construction operations) by
February 4, 1989.
• Permit application requirements for municipalities having
populations between 100,000 and 250,000 were to be
established by February 4, 1991.
• The first applications (for the industries and large cities) were
to be submitted by February 4, 1990.
Some Features of Phase II of
Stormwater Permit Program
• Rule became final on Dec 8, 1999.
• Small construction permit applications due
starting March 10, 2003.
• Applicable to all construction sites from 1
to 5 acres (Phase I covered larger sites).
• Smaller sites may be covered if part of
larger common plan, or if designated as a
significant water pollutant contributor.
Waivers Available for Small
Construction Sites
• Low predicted rainfall erosion potential (NRCS
rainfall erosivity factor, R, less than 5 for period
of construction activity; not expected to be
applicable for Alabama conditions), or
• Determination that controls are not necessary
based on TMDL analysis or equivalent
(considering proximity to water resources and
sensitivity of receiving waters).
Phase II Construction Program
Requirements (EPA Guidance)
• EPA recommends the use of existing Phase I
general permits as a guide for developing Phase II
small construction permits. Three general
requirements:
- Notice of Intent (NOI)
- Stormwater Pollution Prevention Plan (SWPPP)
- Notice of Termination (NOT)
Notice of Intent
• Contains general information (location,
timing, nearby water resources, etc.)
• Contains certification that the activity will
not impact endangered or threatened species
(for the EPA’s NOI, not commonly included
in delegated state’s NOIs)
Storm Water Pollution Prevention
Plan (SWPPP)
• Lists and describes construction site erosion
controls that will minimize the discharge of
pollutants from the site
• Technology-based standards (Best Available
Technology, or BAT)
• Professional judgment of permit writer
(Best Conventional Technology, or BCT)
Notice of Termination
• This is submitted when the final
stabilization of the site has been achieved.
Recommended Controls for Small
Construction Sites (EPA Guidance)
• Best control accomplished through proper
planning, installation, and maintenance of
controls.
• Non-Structural Controls:
- Minimize disturbance
- Preserve natural vegetation
- Good housekeeping
Recommended Controls for Small
Construction Sites (cont.)
• Small sites have less space that prevent use
of some controls, plus less access to
qualified help.
• Structural Controls:
- Erosion controls (mulch, grass, and
stockpile covers)
- Sediment controls (silt fence, inlet
protection, check dams, stabilized
construction entrances, and sediment traps)
Permit Requirements for each
Regulatory Agency
 develop, implement, and enforce a program to reduce
the discharge of pollutants and protect water quality to
the “maximum extent practicable”
 must include six minimum control measures:
- public education and outreach
- public involvement and participation
- illicit discharge detection and elimination
- construction site stormwater runoff control
- post-construction stormwater management in new
development and redevelopment
- pollution prevention and good housekeeping for
municipal operations
Permit Requirements for each
Regulatory Agency (cont.)
 must submit a notice of intent (NOI), or permit
application, and identify for each minimum
control measure:
- best management practices to be used
- measurable goals
- timeframe for implementation
- responsible persons
 must evaluate program and submit reports
TMDL Regulations
• Another important emerging regulation affecting
drainage and stormwater quality is the TMDL
program.
• The TMDL program is aimed specifically at assuring
attainment of water quality standards by requiring the
establishment of pollutant loading targets and
allocations for waters identified as not now in
attainment with those standards.
• Section 303(d)(1) of the Clean Water Act provides
that states, with EPA review and approval, must
identify waters not meeting standards, and must
establish total maximum daily loads (TMDLs) for
them to restore water quality.
• The National Water Quality Inventory Report to
Congress for 1996 indicated that:
• of the 19% of the nation’s rivers and streams that
had been evaluated, 35% do not fully support
water quality standards, or uses, and 8% are
considered threatened.
• Of the 72% of estuary waters evaluated, 38% are
not fully supporting uses/standards and 4% are
threatened.
• Of the 40% of lakes, ponds and reservoirs
evaluated (not including the Great Lakes), 39% are
not fully supporting uses/standards and 10% are
threatened.
• Under section 303(d)(1), states are required
to identify and establish a priority ranking
for waters not meeting water quality
standards, taking into account the severity
of the pollution and the uses to be made of
the waters.
• The EPA is required to review each state’s
list of impaired waters. Once the list is
established, the states are to develop a
TMDL for each listed water.
• In general, a TMDL is a quantitative assessment of
water quality problems, contributing sources, and
pollution reductions needed to attain water quality
standards.
• The TMDL specifies the amount of pollution or
other stressor that needs to be reduced to meet
water quality standards, allocates pollution
control, or management responsibilities among
sources in a watershed, and provides a scientific
and policy basis for taking actions needed to
restore a waterbody.
• Beginning in 1986, and escalating since
1996, environmental public interest
organizations have filed numerous lawsuits
under the Clean Water Act’s citizen suit
provision (section 505) alleging that the
EPA had failed to carry out its mandatory
duty to disapprove inadequate state section
303(d)(1) lists and/or TMDLs, or to carry
out state program responsibilities where
states have failed to do so.
• By mid 1998, all states had EPA-approved
1996 section 303(d)(1) lists, but the content
and scope of these lists varied greatly.
• Development of TMDLs has been initiated
at an increasing pace in some states, but
most TMDLs remain to be completed.
• Many of the waters still needing TMDLs
are impaired by contributions from both
point and nonpoint sources.
• The EPA has undertaken a variety of steps
to strengthen the TMDL program.