Transcript Charlottesville Downtown Pedestrian Mall Rehabilitation

Landfills And
The New Virginia Stormwater Management
Program Regulations
…or why no one sings
in the rain anymore.
Agenda
Overview of regulatory
programs
Specific guidance from DEQ
Questions and Answers
The Regulatory Framework
9VAC25-151
Industrial Stormwater General Permit (VPDES)
9VAC25-840
Erosion and Sediment Control Regulations
9VAC25-870
Virginia Stormwater Management Program
9VAC25-880
General Permit for Discharges of Stormwater from
Construction Activities
9VAC25-890
General Permit for Discharge of Stormwater from
small MS4s
Virginia Stormwater
Management Program
And
General Permit for
Construction Activities
Stormwater Plan Submittal
Process
NO
Does your project
disturb over 1 acre of
land or disturb more
than 2500 square feet
within a CBPA?
YES
Does your
project
disturb over
10,000 sf?
NO
No Permit
Required
YES
ESC Permit
Required
ESC & SWM
Plan Submittal
Required
VSMP - Submittal Process
Initial
Submittal
to VSMP
Authority
50%
Payment of
VSMP
Application
Fee
1. ESC Plans
2. SWM Plans
3. SWPPP
a. ESC Report
b. Pollution Prevention
Plan
c. SWM narrative and
calculations
4. Long-Term Maintenance
Agreement
Land
Disturbance
Permit AND
Registration
Statement for
General
Permit
VSMP - Fees
GENERAL PERMIT FOR CONSTRUCTION
ACTIVITIES
DESCRIPTION
REGISTRATION FEE
ANNUAL MAINTENANCE FEE
New Permit – after 7/1/14
< 1 acre
> 1 acre but < 5 acres
> 5 acres but < 10 acres
> 10 acres but < 50 acres
$290
$2,700
$3,400
$4,500
$50
$400
$500
$650
> 50 acres but < 100 acres
$6,100
$900
> 100 acres
$9,600
$1,400
VSMP - Implementation
BASIC RULES
• Keep runoff in contact with soil
• Consider infiltration,
evapotranspiration & reuse
controls
• Retain runoff on site
Industrial Stormwater
General Permit
And
Solid Waste Management
Industrial Stormwater
General Permit
USEPA
DEQ
Owner
DEQ
Owner
• 1990 - Federal program (11 industrial activities)
• DEQ regulates and permits stormwater runoff from
industries by sector (30 sectors)
• Submits registration statement and fee
• Reviews and issues permit
• Implements program – monitoring and reporting
How do I know if I need a
permit?
BY DEFINITION:
• Facilities classified as SIC 24 (Mulch)… and SIC 28
(Compost)…….
• Landfills, land application sites, & open dumps …..
• Facilities involved in the recycling of materials……
How do I know if I need a
permit?
BY SOLID WASTE SECTORS
Sector A: Timber Products
• Wood, mulch and bark facilities (SIC 2499)
Sector C: Chemical and Allied Products
• Composting facilities (SIC 2875)
Sector L: Landfills and Land Application Sites
Sector N: Scrap Recycling Facilities (SIC 5093)
Sector P: Land Transportation and Warehousing
How do I know if I need a
permit?
By regulation (9VAC25-151-210)
Separate permit requirements established
for recycling facilities that receive ONLY
source separated recyclable materials
primarily from nonindustrial and
residential sources.
(e.g. common consumer products including
paper, newspaper, glass, cardboard, plastic
containers, aluminum and tin cans.)
How do I know if I need a
permit?
NO-EXPOSURE
• All industrial materials or activities are protected by a
storm-resistant shelter to prevent exposure to rain,
snow, snowmelt, or runoff.
• Any owner who becomes eligible for a no exposure
exclusion…may file a no exposure certification.
• A no exposure certification must be submitted to the
DEQ once every five years.
How do I know if I need a
permit?
INACTIVE AND UNSTAFFED SITES
• Waiver of quarterly visual assessments, routine facility
inspections and monitoring requirements may be
granted.
• Annual comprehensive site inspection required.
• Notification within 30 days of any changes – exposed
materials, activity or staffing.
How do I know if I need a
permit?
CO-LOCATED FACILITIES
Determination of Primary Industrial Activity
Facilities with co-located industrial activities on-site
shall:
• Comply with all applicable effluent limitations.
• Include description, special conditions etc. in
SWPPP.
Facilities may also have to monitor for benchmark
parameters if point discharge.
How do I know if I need a
permit?
LANDFILLS - EXCLUDED
Pre-1988 landfills – closed in accordance with
regulations or permits at that time
Post-1988 landfills – closed in accordance with
9VAC20-81-160/170
No exposed waste
General Program Requirements
SUMMARY
• Preparation and implementation of Storm
water Pollution Prevention Plan (SWPPP)
• Inspections
• Monitoring and reporting
• Corrective action
Storm water Pollution
Prevention Plan
LANDFILLS
SWPPP must address:
• Contaminated Stormwater – working face
• Non-contaminated Stormwater – intermediate and
final cover
• Erosion and sediment control plan –
stockpiles/borrow areas/other activities
• Inspections - frequency
• Record keeping - critical
Storm water Pollution
Prevention Plan
MULCHING FACILITIES
SWPPP must address good housekeeping in storage
areas, loading and unloading areas, and material
handling areas designed to:
• Limit the discharge from wood debris;
• Minimize the leachate generated from decaying
wood materials; and
• Minimize the generation of dust.
Storm water Pollution
Prevention Plan
MULCH DYEING OPERATIONS
• Discharge of wet dye drippings from mulch
dyeing operations are prohibited.
• SWPPP must specifically address control
measures to prevent the discharge of wet
dye drippings and to prevent seepage of
pollutants to groundwater.
Storm water Pollution
Prevention Plan
RECYCLING FACILITIES – SOURCE SEPARATED
MATERIALS (NON-INDUSTRIAL AND RESIDENTIAL)
SWPPP must address:
• Inbound recyclable material control
• Outdoor storage
• Indoor storage and material processing
• Vehicle and equipment maintenance
Storm water Pollution
Prevention Plan
LAND TRANSPORTATION (Ground/Rail)
SWPPP must address:
• Fueling stations
• Maintenance or cleaning areas
• Storage areas
• Loading and unloading areas
• Areas where storage of wastes occur
Industrial Stormwater
General Permit
MONITORING REQUIREMENTS:
Visual
Quarterly
Benchmark
Semi annual*
Effluent
Semi annual*
Discharges to impaired waters w/o TMDL
Semi annual*
Discharges to impaired waters w/ TMDL
Semi annual
Chesapeake Bay Watershed
First two years*
* New monitoring frequency
Industrial Stormwater
General Permit
SAMPLING:
• Representative outfalls can be considered.
• Sample within first 30 minutes of discharge unless
document impractical.
• Samples may be taken during the first three hours of
the discharge. (formerly 1 hour)
• Labs must meet Virginia Environmental Laboratory
Accreditation Program – by analyte per method (New)
Industrial Stormwater
General Permit
REPORTING
• Submit results on a DMR by January 10
and July 10 to DEQ.
• If discharging to MS4, submit to MS4.
• Visual monitoring kept with SWPPP.
Industrial Stormwater
General Permit
BENCHMARK PARAMETERS
SECTOR
PARAMETER
Mulch
TSS, BOD
Mulch dyeing operations
TSS, BOD, COD, aluminum, arsenic,
cadmium, chromium, copper, iron, lead,
manganese, mercury, nickel, selenium, silver,
zinc, Total N, Total P
Composting
TSS, BOD, COD, ammonia, Total N, Total P
Landfills
TSS (note that iron eliminated)
Scrap recycling
TSS, aluminum, cadmium, chromium, copper,
iron, lead, zinc
Land transportation
TSS, TPH
Industrial Stormwater
General Permit
NUMERIC EFFLUENT LIMITS - LANDFILLS
PARAMETER
Max. daily (mg/l)
Max. monthly average (mg/l)
BOD
140
37
TSS
88
27
Ammonia
10
4.9
Alpha
Terpineol
0.033
0.016
Benzoic Acid
0.12
0.071
P-Cresol
0.25
0.014
Phenol
0.026
0.015
0.2
0.11
Zinc - total
pH
Within range of 6 – 9
Industrial Stormwater
General Permit
IF YOU EXCEED A LIMIT:
•
Consider source – natural background
•
Review SWPPP and modify within 30 days.
•
Implementation of corrective measures before next storm
event or within 60 days or as approved by DEQ. Notification
may be required.
•
If construction required, complete work ASAP but no later than
3 years after exceedance. Temporary controls required.
•
Provide Schedule in SWPPP
•
Document actions in SWPPP
Industrial Stormwater
General Permit
FACILITIES IN THE CHESAPEAKE BAY
WATERSHED
(New requirements)
Industrial Stormwater
General Permit
Industrial Stormwater
General Permit
BASELINE MONITORING (Part I – B.7):
• TSS, Total Nitrogen and Total Phosphorus.
• Sample during first four monitoring periods (first two years of permit
coverage).
• Existing facilities may use data from the last two monitoring periods
of 2009 permit and the first two monitoring events of 2014 permit.
• Information to be used to assess information submitted to EPA.
• Data must be analyzed and compared against loading values in
regulations.
Industrial Stormwater
General Permit
BASELINE MONITORING :
If loading value exceeded, a TMDL Action Plan must be
submitted.
• Plan must be submitted within 90 days from the end of the
second year’s monitoring period – by 9/28/16.
• Implementation of plan over the remaining term of the permit to
achieve all the necessary reductions by 6/30/24.
• If plan required, an annual report is required by June 30th of each
year.
Industrial Stormwater
General Permit
EXPANSIONS OR NEW FACILITIES:
• Waste loads cannot exceed nutrient and sediment
loadings before land developed – “no net increase”.
• Documentation included in SWPPP. May use
VSMP water quality design criteria.
• Non-industrial land can be considered to comply
with no net increase.
• Pollutant trading or offsets can be considered.
Additional
Guidance from
DEQ:
Determination of Primary
Activity
Determination of Primary
Activity
DEQ GUIDANCE:
From: Tuxford, Burton (DEQ)
Sent: Wednesday, March 26, 2014
When we look at a facility for determination of its need for a Stormwater
permit, we look at the primary activity going on at the site. If it falls
within one of the 11 industrial activity categories from EPA’s 1990
Stormwater Regulations, they need a permit if they have point source
discharges to surface waters. We also look at the site to determine ALL
the industrial activities that are going on at the facility. All the “regulated”
industrial activities (i.e., in one of the 11 categories) are “co-located”
industrial activities.
Landfill Cell
Development
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Burton Tuxford (DEQ)
Date: April 23, 2014
“Lynn,
Answers to your questions:
If a landfill is permitted under VDEQ solid waste to include a number of
cells, would the construction of one of these permitted cells after 6/30/14
constitute a “new” facility? No, the new cell would be part of the normal
landfill operations, and would not be subject to the “new facility”
definition.”
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Burton Tuxford (DEQ)
Date: April 23, 2014
Lynn,
“The construction of a new cell at a permitted landfill would NOT be
considered an “expansion” that would trigger the “expansion” permit
special condition (SC #9) requirements. The opening and closing of
new cells is part of the normal landfill operations, and these activities
are exempt from the VSMP Construction Stormwater permitting
requirements, and therefore exempt from the permit special condition
requirement.”
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Burton Tuxford (DEQ)
Date: April 23, 2014
Lynn, Answers to your questions:
If a landfill is permitted under VDEQ and then permits a lateral
expansion requiring a Part A/Part B submittal, would the lateral
expansion make the landfill a “new” facility? No, the lateral expansion
would NOT make the landfill a “new facility”, but the expansion would be
subject to the “expansion” permit special condition (SC #9)
requirements.
If a new landfill is developed on a green field site, is it new? Yes, it is a
“new facility”.
Industrial Stormwater
General Permit
LANDFILL CLOSURE
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Ian Edwards (DEQ)
Date: March 31, 2014
“Mr. Hase:
As the facility has a VPDES stormwater discharge permit for industrial
activities then obtaining VSMP general permit coverage for construction
activities is not required provided there are adequate provisions in the
VPDES discharge permit from industrial activities to address erosion
and sediment control. An erosion and sediment control plan that is
approved by the local plan approving authority should be obtained prior
to land disturbing activities occurring.”
Industrial Stormwater
General Permit
BORROW AREA DEVELOPMENT
Industrial Stormwater
General Permit
EPA GUIDANCE:
From FAQ – EPA – Construction General Permit (provided by
VDEQ):
“Construction and construction related activities refer to the actual earth
disturbing construction activities and those activities supporting the
construction project such as construction materials or equipment
storage or maintenance…….. “Construction” does not include
routine earth disturbing activities that are part of the normal dayto-day operation of a completed facility (e.g. daily cover for
landfills, maintenance of gravel roads or parking areas landscape
maintenance, etc. “
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Ian Edwards (DEQ)
Sent: Thursday, April 03, 2014
To: Bill Hase
“The land disturbance associated with the borrow area at the landfill in
XXXXXXX should be included in the VPDES industrial activities
stormwater discharge permit.”
Ian Edwards
Acting Stormwater Manager
DEQ Blue Ridge Regional Office
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Ian Edwards(DEQ)
Sent: March 31, 2014
To: Bill Hase
If off site land disturbing activities are associated with this project, ………, then
VSMP Construction General Permit would be required for the offsite activity
provided the land disturbance is 1 acre or more. In addition an erosion and
sediment control plan from the local plan approving authority would be required
if the land disturbance is 10,000 square feet or more.”
Industrial Stormwater
General Permit
MULCH OPERATIONS
Industrial Stormwater
General Permit
DEQ GUIDANCE:
CO-LOCATED FACILITIES
From: Linda Shultz – 3/7/14
“One more point regarding co-located activities that might be helpful to clarify:
The VPDES GP is based on the primary activity. For example, a transfer
station or convenience center is not a covered sector (i.e., no VPDES
permit required). If mulching is their secondary activity, and the primary
activity does not require a GP, then no permit is required (unless DEQ
determines they are causing a water quality problem to a receiving
stream).
For co-located operations that fall under multiple sectors,( e.g., a landfill with
mulching), the permit is based on the primary activity (Sector L - landfill), and
the secondary activity (Sector A -mulching) requirements are additive.”
Industrial Stormwater
General Permit
DEQ GUIDANCE:
From: Tuxford, Burton (DEQ)
Sent: Wednesday, March 26, 2014
To: Shultz, Linda (DEQ)
Subject: RE: mulching and stormwater discharge
“…mulching falls within SIC 2499-1303 (and always has), which is regulated
and included in Sector A of the ISWGP.
Regarding XXXXXXX Landfill, the mulching now is a co-located industrial
activity that needs to be included in the landfill permit/SWPPP. Sounds like it
has a separate outfall… not a problem - - still covered. When the landfill closes,
it’s not clear what the primary activity would be, so I think it would be the
(regional office’s) call whether they want to consider the mulching for
permitting.”
Landfills – Mulch - Compost
DEQ GUIDANCE:
From: Tuxford, Burton (DEQ)
Sent: Wednesday, April 23, 2014
Subject: RE: mulching and stormwater discharge
“Facilities are NOT required to construct a specific controlled discharge
point under the re-issued industrial stormwater general permit. If the
discharge is pure sheet flow (i.e., not concentrated/channelized in any
way), that is fine. However, the discharges must still be controlled to
ensure that they are not significant contributors of pollutants to the
receiving stream, or causing a water quality problem. So, they still have
to manage their stormwater, even if it is not a point source discharge.”
Industrial Stormwater
General Permit
COMPOST OPERATIONS
Industrial Stormwater
General Permit
DEQ GUIDANCE:
COMPOSTING FACILITIES
From: Linda Shultz – 3/7/14
“If there is zero discharge, a facility is exempt from the VPDES permit
requirements and there is no filing necessary.
Composting facilities are now specifically included under Sector C of the
VPDES GP. They have always needed a permit (not all may have had them,
though). It just was not clear in the past which Sector they fell under.
As for yard waste composting facilities, the GP does not distinguish categories
of composting. Unless they are classified as something other than SIC
2875, yard waste composting is grouped with other types of composting in the
GP.
Infrastructure Development
VSMP - Submittal Process
NO
Does your project
disturb over 1 acre of
land or disturb more
than 2500 square feet
within a CBPA?
YES
Does your
project
disturb over
10,000 sf?
NO
No Permit
Required
YES
ESC Permit
Required
ESC & SWM
Plan Submittal
Required
Industrial Stormwater
General Permit
DEQ GUIDANCE:
TRANSFER STATIONS
From Burt Tuxford, May 5, 2014
Sector P is for land transportation facilities (SIC 40, 41, 42, 43, and 5171), that
perform maintenance (including vehicle and equipment rehabilitation,
mechanical repairs, painting, fueling and lubrication) and equipment
cleaning. Transfer stations are not described under any of these codes. Sector P is
also for SIC 4221-4225 (public warehousing and storage). Transfer stations do not
fit into these SIC codes either. If we designate a transfer station for permitting, and
they perform maintenance on site, then their permit would include Sector P
requirements.
Industrial Stormwater
General Permit
DEQ GUIDANCE:
TRANSFER STATIONS
From Burt Tuxford, May 5, 2014
Solid waste transfer stations are not regulated under the stormwater program, per
se. However, if the stormwater discharges from the facility are causing a water
quality problem, we could designate the station for permitting. If the transfer
station is located on a site that is required to be permitted for their stormwater
discharges (such as a landfill), it would be included as an “industrial activity” that
would need to be addressed in the facility’s SWPPP.
Industrial Stormwater
General Permit
DEQ GUIDANCE:
TRANSFER STATIONS
From Burt Tuxford, May 5, 2014
We look at the primary industrial activity on site to determine the need for a
stormwater permit. The primary activity at these facilities is “transfer station”, so
the storage areas would not trigger the need for a stormwater permit. If they
facility has been designated for permitting, this would be an “industrial activity”
that would need to be addressed in the facility’s SWPPP.
Questions And
Answers