Transcript VA Erosion & Sediment Control Program General Permit for

Reissuance of the General Permit
for Stormwater Discharges from
Construction Activities
Eric R. Capps
VSMP Construction Permitting Manager
Construction General Permit
Required for stormwater discharges
associated with land-disturbing activities
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Large construction activity: > 5 acres
Small construction activity: > 1 acre < 5 acres
Bay Act Area: > 2,500 sqft < 1 acre
Common plan of development
Construction General Permit Fees
• Based on area of land-disturbance
> 5 acres - $500
> 1 acre < 5 acres - $300
2,500sqft < 1 acre – currently no fee unless
part of a common plan of development or sale
• Common plan of development or sale
- $300 or $500 fee
- Based on the developments land-disturbance
- Not the construction sites land-disturbance
Construction General Permit
• 5 Year Permit (Maximum)
• DCR01 General Permit
- Effective Date July 1, 2004
- Expiration Date June 30, 2009
- DCR01-FY-######
• VAR10 General Permit
- Effective Date July 1, 2009
- Expiration Date June 30, 2014
- VAR10-FY-######
Significant Changes from the 2004
Construction General Permit
• Updating and adding definitions
• Updates to standard forms
- Registration statement (DCR 199-146)
- Fee form (DCR 199-145)
- Notice of termination (DCR 199 -147)
- Transfer (DCR 199-191)
• Updates to stormwater pollution prevention
plan requirements (SWPPP)
• Inclusion of Part II water quality and
quantity requirements
Updating and Adding Definitions
• Control measure - any BMP, stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
• Qualified Personnel - licensed PE, RLD, or other person
certified by the board as a inspector combined administrator.
• Minimize - to prevent, reduce or eliminate using practicable
control measures to meet the conditions of the permit.
• Virginia Stormwater BMP Clearinghouse Website
a website that contains detailed standards and specifications for
control measures that may be used to comply with the Virginia
Stormwater Management Law and associated regulations
Registration Statement (Application)
• Continue coverage submit application by June 1, 2009
• Update SWPPP within 30 days after date of coverage
• Authorized to discharge stormwater 15 days following
submission of a complete and accurate application
• Direct discharges to receiving waters
- Impaired waters 2008 305(b)/303(d)
- TMDL WLA established for construction activities
• Nutrient offsets
• Certification
- Read and understood the application
- Documents were prepared properly
- Best of knowledge to be true, accurate and complete
- False information fine or imprisonment
Notice of Termination
• Submitted within 30 days of one or more of the following
conditions are meet:
1. Post-construction controls measures in place & functioning; final stabilization
of site
2. Another operator has assumed control over site
3. Obtained coverage under an alternative VPDES or VSMP permit
4. Residential only - temporary stabilization & transferred to homeowner
• List of permanent control measures or regional facility
- Type of control measure
- Location (locality, HUC, latitude & longitude)
- Waterbody they discharge into
- Number of acres treated
Posted Sign or Notice
• Near main entrance of construction activity
• Copy of permit coverage letter with permit
number
• Internet address to view SWPPP or name
and phone number of contact person for
viewing time
SWPPP
• Available to public
- Only for new discharges without
prior permit coverage
- On internet or hardcopy
- No less then once a month during normal business
hours
- Request of SWPPP my be charged for a copy
- Information excluded from disclosure by law or
not required by the permit not required to be
released
• ESC plan or agreement in lieu of plan
SWPPP
• Water quality and quantity criteria
- §4VAC50-60-1182 through §4VAC50-60-1190
• Impaired waters
- Control measures protective of water quality
standards
• TMDL WLA
- Strategies and control measures to ensure
consistency with the assumptions and
requirements
SWPPP
• Inspection
- Qualified personnel name and number
- Conducted every seven days; or
- Every 14 days and within 48 hours of runoff producing event
• Inspection reports
- Name of qualified personnel
- Date, major observations,
- Location of discharges of sediment and pollutants
- Location(s) of control measure requiring maintenance
- Locations(s) of failed control measures or inadequate
- Corrective actions required
- Weather information including rainfall amount
Maintenance
 Control Measures
• Maintained in effective operating condition
• Maintenance performed as soon as practicable
• Additional control implemented prior to next storm event
 SWPPP
• Changes in design, construction, or maintenance that effect
the discharge of pollutants
• Based on inspection, existing control measures are
ineffective
- Include additions or modifications to control measures
- If approval by plan-approving authority is needed
within seven of approval
Construction General Permit
Additional Information
• Notice of Appeal & Petition to Appeal
- Shenandoah Riverkeeper (Jeff Kelble)
- Potomac Riverkeeper
- Ralph Hendrickson
• EPA final approval
• www.dcr.virginia.gov/soil_&_water/vsmp.shtml
• www.dcr.virginia.gov/lawregs.htm
Possible Future Changes
• Virginia Stormwater Regulations Technical Criteria
• EPA Effluent limit guidelines (EFG)
• Chesapeake Bay TMDL