Transcript No Slide Title - Get the Dirt Out :: Intro

Discussion Topics
- Why Dirt Is Harmful to Our Waterways
- The Federal Clean Water Act
General NPDES Permit for Construction
Activities (“General Construction Permit”)
- Erosion and Sediment Control
Best Management Practices (BMPs)
- Permit Enforcement
Get the Dirt Out
Project Benefits
Problems are Remedied Faster
Because Citizens Know What to
Look For and How to Work With
Government Agencies
Water is a Vital Georgia Resource
Benefits of Our Water Resource
-Drinking Water
-Recreation/Tourism
- Fisheries
- Agricultural
-Industrial
-Energy
-Waste Assimilation
Why is Dirt
Harmful
to Our
Waterways?
- Stormwater runoff is the major cause of
impaired water quality in Georgia's streams,
rivers and lakes.
- Only 14 percent of the 70,150 stream and river
miles in Georgia are monitored-- of that
percentage, nearly 60 percent do not meet water
quality standards.
Georgia’s Rapid
Population
Growth
Impacts from Development
- Local disturbance increases runoff velocity and
destroys land cover, which decreases infiltration...
rain can no longer soak into the ground.
- As many as four truckloads of soil can leave
a single building block during a storm event.
- Loss of valuable topsoil decreases productivity
of the land and decreases property value…it
takes nature 100 years to form 1” of topsoil.
Before
After
Impacts from Soil Erosion
- Eroded soils carried as suspended sediment
cause turbidity in waterways
(cloudy or muddy appearance).
- Sediment can carry and store toxic
pollutants and nutrients that can harm
habitats
(e.g. metals, oils, toxins and bacteria).
Impact on Habitat
- Excessive Sediment: Blocks sunlight from
aquatic plants;
- Takes vital oxygen away from plants,
fish, and other aquatic animals; and
- Decreases visibility, which can hamper
the fish's ability to find food.
51 (19%) of the Nation’s Freshwater
Fish Species are in Georgia
3rd in the
Nation for the
Number of
Freshwater
Fish Species
at Risk
Impact on Fish
- Sedimentation clogs the spaces
between rocks and gravel, buries
eggs, and prevents flowing water
and oxygen from reaching the eggs
and newly hatched fish
(Cont.) Impact on Fish
- Reduces populations of "shredders"
(mayflies and other stream insects) thereby
reducing quality of nutrients
- Lowers reproductive success of fish
and mussels
- Damages fish and mussels gills
Impact on Humans
- Fills in drinking reservoirs;
increasing water treatment costs
- Affects recreational enjoyment
- Causes property damage
Federal Clean
Water Act
&
General Stormwater
NPDES Permit
Permits To Control Sedimentation
- Clean Water Act (CWA) -- National Pollutant
Discharge Elimination System Permit (NPDES)
Discharges associated with construction
and industrial activities, including clearing,
grading, and excavation of at least one acre
require a NPDES permit
- General Permit No. GAR 100003 -- Georgia has
the authority to administer NPDES permits
Permits to Control Sedimentation
CWA
Clean Water Act
NPDES Permit
EPA
Delegates Some Authority to:
General Permit
GAR 100003
EPD
Delegates Some Authority to:
LIA
Local Issuing Authority
404 Permit
Army Corps of Engineers
Issues Permit for Construction
within Waters of the State
Local Issuing Authority (LIA)
- The EPD may certify a county or
municipality as an LIA
If… a county or municipality has enacted an
ordinance which meets or exceeds the state
general permit, and employs qualified
personnel.
Some Counties Are
Issuing Authorities (LIA)
Atkinson – Baldwin – Banks – Barrow – Bartow - Ben Hill – Berrien – Bibb – Bleckley
– Brooks – Bryan – Bulloch – Burke – Butts – Candler – Carroll – Catossa – Charlton
– Chatham – Cherokee – Clarke – Clay – Clayton – Clinch – Cobb – Coffee –
Columbia – Cook – Coweta – Crisp – Decatur – Dekalb – Dodge – Dooly – Dougherty
– Douglas – Effingham – Fannin – Fayette – Floyd – Forsyth – Franklin – Fulton –
Gilmer – Glascock – Glynn – Gordon – Grady – Greene – Gwinnett – Habersham –
Hall – Hancock – Haralson – Harris – Hart – Heard – Henry – Houston – Irwin –
Jackson – Jasper – Jefferson – Johnson – Jones – Lamar – Lanier – Laurens – Lee –
Liberty – Lincoln – Lowndes – Lumpkin – Marion – McDuffie – Meriwether – Miller –
Mitchell – Monroe – Montgomery – Morgan – Murray – Muscogee – Newton – Oconee
– Oglethorpe – Paulding – Peach – Pickens – Pierce – Pike – Pulaski – Putnam –
Rabun – Richmond – Rockdale – Screven – Seminole – Spaulding – Stewart – Sumtesr
– Taylor – Telfair – Terell – Thomas – Tift – Toombs – Treutlen – Troup – Turner –
Union – Walker – Walton – Ware – Warren – Washington – Wayne – Webster – White
– Whifield – Wilcox – Wilkes – Wilkonson
Who Needs a Permit?
There are Three Tiers of Permittees:
- Primary
Owner/operator (day-to-day control)
- Secondary
Individual builders, utility company/contractor, etc.
- Tertiary
Individual builders within a surface water
drainage area where the primary permittee
has submitted a notice of termination
Types of Permits
- Common Development
A contiguous area where multiple, separate, and distinct
construction activities may be taking place at different times
on different schedules under one plan of development or sale
- Stand Alone
Construction activities that are not part of a common
development where the primary permittee chooses not
to use secondary permittees
- Infrastructure
Construction activities being conducted by an
infrastructure company or infrastructure contractor
Permit’s Basic Requirements
- Notice of Intent (NOI)
- Erosion, Sedimentation, and Pollution
Control Plan (ESPCP)
- User Fees
- Notice of Termination (NOT)
Notice of Intent (NOI)
-Must be submitted to EPD Regional Office,
and if applicable to the LIA, at least 14 days prior
to commencement of construction activities
Erosion, Sedimentation, and
Pollution Control Plan (ESPCP)
- Outlines Best Management Practices (BMP)
and sampling location
- Must be prepared by a design professional
- Must be approved by the Local Issuing Authority
- Must be kept current
User Fees
- $80 per disturbed acre must be
paid by the permittee, half to EPD
and half to the permittee’s LIA
- Must be paid at the time of NOI submittal
Notice of Termination (NOT)
- Must be filed with EPD when final stabilization
of the site is achieved.
- Final stabilization occurs when all soil disturbing
activities have been completed and unpaved areas
are 100% covered with vegetation with a 70% density.
Permit
Compliance
Problems...
What to Look For
- Misinterpretation of the Regulations
- Failure to Identify State Waters
- Illegal Use of Instream Treatment Ponds
“Water Quality Ponds”
- Stream Buffer Violations
- Failure to Design, Install, or Maintain BMPs
- Failure to Enforce Regulations
Failure to
Identify
State Waters
Defining Waters of the State
There Are Federal
and State Definitions
Both Are Equally Broad…
Waters of the State
Georgia’s General Assembly Definition of State
Waters, Incorporated Into GAR 100003:
“any and all rivers, streams, creeks, branches, lakes,
reservoirs, ponds, drainage systems, springs, wells,
wetlands, and all other bodies of surface or
subsurface water, natural or artificial, ...
(Cont.) Waters of the State
Georgia’s General Assembly Definition of State
Waters, Incorporated Into GAR 100003:
… lying within or forming a part of the boundaries
of the states which are not entirely confined and
retained completely upon the property of a single
individual, partnership, or corporation.
Common Mistakes in
Identifying State Waters
Factors that are not to be considered
- Whether a stream appears on a topographical map
as a solid or dashed blue line (the presence of a blue
line is an indication of state waters, but not all
streams are mapped as blue lines)
- Whether the stream originates on the property
(Cont.) Identifying State Waters
Factors that are not to be considered
- The amount of water in the stream at any given time,
i.e. under normal conditions
- Size of the watershed area
- The absence of observable aquatic life
- Whether or not it is a “ditch”
Illegal Use
of Instream
Treatment Ponds
Instream Treatment Ponds
“Water Quality Ponds”
- Sediment is
trapped in
stream channel
- Sediment filter
and “pond” fill
with sediment
Ponds Overflow and Sediment Enters Watershed
Any Sediment Captured IS Already in Stream Bed
Instream Sediment Basins
Require 404 Permits, but the
Army Corps of Engineers
Will Not Issue a 404 Permit
[If] there is a practicable alternative to the
proposed discharge which would have less
adverse impact on the aquatic ecosystem,
so long as the alternative does not have other
significant adverse environmental consequences.
U.S. EPA Region IV
Typically Opposes
Instream Sediment Basins
Region IV Guidance for Reconciling
Stormwater Management and Water
Quality and Resource Protection
Issues (6/23/04)
Stream Buffer
Violations
Buffer Zone
A strip of undisturbed, natural land or
vegetation bordering streams,
Helps to reduce storm runoff velocities and
filter sediment in runoff water.
Buffers Are Filters
Stream Buffer Requirement
-State Law requires a 25-foot buffer (50-feet
for trout streams) along the banks of all
state waters.
Stream Buffer Exemptions
• Piping of small trout waters
(avg. annual flow of less than 25 gpm)
• Sewer and water line crossings
• Drainage structures
- Roadway drainage structures (e.g. bridges)
- Ephemeral Streams with no base flow
(these waters were exempted in a DNR rule
change in Dec ’04. However, this change does not
apply to the General Permit, as the Permit
requires buffers for all state waters with wrested
vegetation)
Buffer Variance Criteria
The following are the criteria EPD uses to
evaluate a Buffer Variance Application:
(only EPD Director can issue a variance)
1.
Construction or repair of a structure that must be located in
the buffer
2.
Restoration and/or enhancement
3.
Provision to access the property
4.
Gravity flow sewer line that cannot be outside the buffer
5.
Crossing for utility lines
(Cont.) Buffer Variance Criteria
6.
Development of one single family home and cannot be
accomplished without the variance
7.
Recreational foot trails and viewing areas
8.
The project requires a COE 404 permit, and has an
approved mitigation plan
9.
The project will result in improved or maintained water
quality
10. The project is on an impaired water, will result in improved
or maintained water quality, and will not adversely impact
the cause of the impairment
Do They Have a Buffer Variance?
Common Problems
- Failure to obtain a variance
- ONLY the EPD Director can grant a buffer
variance for state buffer requirements
- Compliance with the Army Corp of Engineers
requirements
Failure to Design,
Install and Maintain
Best Management
Practices (BMPs)
There Are Two Types of BMPs:
- Erosion Control
Minimizing impact that dislodges soil
- Sediment Control
Minimizing suspended particles in runoff
Erosion - the process by
which land surface is worn
away by the action of wind,
water, ice, or gravity
Sediment - the process
where soil particles are
suspended and settle out
as water velocity decreases
What Contributes to Erosion?
- Removing vegetation
- Removing topsoil and organic matter
- Reshaping the lay of the land
- Exposing subsoil to precipitation
(Cont.) Contributes to Erosion?
- Failure to cover bare soil area
- Removing vegetation along stream bed
- Allowing gullies to form and grow larger
BMPs...
It’s All About
a System
The Five S’s for
Erosion & Sediment Controls
- Soak it In
Maximize seeding and mulching
- Sift it Out
Use silt fences and other filters
- Slow it Down
Don’t let gullies form
- Spread it Around
Break up concentrated flows
- Settle it Out
Use sediment traps and basins
The State Soil Water Conservation Commission
(SSWCC) creates the standard and publishes the
“Green Book”
Erosion, Sedimentation, and
Pollution Control Plan (ESPCP)
Requires:
- Soil, topographic and drainage information
- Description of existing vegetation and
the supplemental vegetation to be established
- Delineation of State Waters and Buffers
(Cont) ESPCP
Requires:
- Erosion BMPs
- Sediment BMPs
- Maintenance Program,
Including a 24 hour contact person
Evaluating a
Construction
Site
Good Construction Site
Construction
exit in good
condition
Maintained
silt fences
Site well graded and roughed
However, needs temporary mulch
Poor Construction Site
- Silt fence down
- Construction exit
needs maintenance
- Site poorly graded
- Construction debris
litters site
- Generally poorly
maintained
From a Distance the Site Looks
Well-Covered and Stabilized
However…
Rill channels
created deep
gullies at the
bottom of slopes
Temporary
Sediment
Control
Construction Exit
A stone stabilization pad must be located at
any point where traffic will be leaving a
construction site.
Purpose - reduce or eliminate the transport of
mud onto a public right-of-way by motor
vehicles or by runoff.
Construction Exit
Reduces Tracking of Soil on to Streets
Good Rock Pad
- Right size of rock
- Good Placement
- No rutting
- No exposed soil
Construction Exit
Good Rock Pad
- Right size of rock
- Good Placement
- No rutting
- No exposed soil
Construction Exit
Bad Rock Pad!
- Soil is tracking
onto street
- Pad too thin should
be 6” minimum
- Lacks filter fabric
underline,
causing rock to
spread and sink
into soil
Inlet Sediment Traps
A temporary protective device formed
around a storm drain inlet to trap sediment
Purpose - prevent sediment from entering
the storm drainage system.
Inlet Sediment Traps
Settle it Out
Good
Application!
- Trap wellprotected
- The device will
ensure sediment
does not enter
the storm drain
system
Inlet Sediment Traps
Good Job!
- Trap protected
- Area well-protected
with vegetation
Inlet Sediment Traps
Very Bad!
- NO Protection
- NO attempt
to protect
- Obvious active
runoff
Curb Filter Inlet
Slow it Down/Settle it Out
Good
Application!
- Inlet protected
- Area well-mulched
- Silt fence along
curb protects
storm drain
Curb Filter Inlet
- Rock baskets
placed along inlet
- Spacers keep
basket from
falling into the
inlet
- Allows for water
to flow without
plugging inlet
Curb Filter Inlet
Bad Barrier!
- Blocks turned
wrong way…
water can’t flow
between holes
- Runoff will go
around the inlet
Causing erosion
on an
embankment
Curb Filter Inlet
Bad Barrier!
- Hay bales
don’t work
- Breaks down and
quickly falls apart
- Water flows around
or under too easily
Curb Filter Inlet
- The importance of
protecting a site’s
curb inlet
- Site has many
problems for this
amount of
sediment on road
(Notice: The bad
silt fence and exit
pad)
Rock Check Dams
A small temporary barrier, grade control
structure or small dam constructed across a
swale, drainage ditch or area of concentrated
flow.
Purpose - minimize the erosion rate by
reducing the velocity of stormwater in area
of concentrated flow.
Rock Check Dam
Slow it Down / Sift it Out
Good
Installation!
- Small stone barrier
across a swale,
ditch or area of
concentrated flow
- Great placing, size
and overflow
notch
Rock Check Dam
Great Work!
- Sides are higher on
upper banks
- Middle section is
lower
- Will need to be
cleaned out as
the sediment
accumulates
Rock Check Dam
Several in a Series
Good Job!
- Used in small
swales to reduce
water velocity
- Allows sediments
to settle out
Sediment Barriers
Temporary structures typically constructed of silt
fence supported by steel or wood post. Other types
include sandbags, straw bales, brush piles...
Purpose - prevent sediment carried by sheet flow
from leaving the site.
Silt Fence
Sift it In
- A silt fence is
designed to allow
water to pass
through while
retaining sediment
on site
- Land slope
determines the
placement and
length of the fence
Silt Fence
Good Barrier!
- Good use of a
j-hook-- helps to
slow it down
- Fence is trenched
- Good temporary
seeding and
mulching
Sediment Barrier
Poor Application!
- Not embedded in
soil and water
migrates under
bales
- Straw bales are to be
embedded 4”
into the soil
Silt Fence
Bad Barrier!
- Not installed
properly
- Fence is to be
trenched in 6”
minimum
- Soil around fabric
is to be compacted
Silt Fence
NOT Even a
Good Attempt!
ALSO...
Improper
Material Used
Silt Fence
VERY POOR
GRADING!
- Silt fences are
full and collapsed
- Never stack the
silt fences
- More doesn’t
mean better
Silt Fence
- NEVER use
silt fence for
concentrated
flow
- Tried multiple
layers of fence
Instead…clean
out, spread back
on site, grade, use
a rock check dam
Wrong Use of Silt Fence
- NEVER use
silt fence in
state waters
- Poor management
area needs to be
cleaned!!
Upstream BMPs
have failed!
MAINTENANCE!
Sediment Basin
A basin created by the construction of a
barrier or dam across a waterway or
excavating a basin.
Purpose - detain waters and trap sediment.
The water is temporarily stored and the bulk
of the sediment carried by the water drops
out and is retained in the basin.
Two Types of Basin
Retention Pond is designed to hold water
indefinitely.The pond is designed to have drainage
leading to another location when the water level
gets above the pond capacity.
Detention Pond is a low lying area designed
to temporarily hold water while slowly draining to
another location.
Sediment Basins
Settle it Out
Good Basin!
- Nice grass growth
- Large sediment
trap used to slow
down sediment to
settle out of water
Sediment Basins
Well-Maintained!
- Retrofitting
half round pipe
with stone pile
used at trap to
filter water before
entering outlet
Sediment Basins
- A permanent
stormwater
detention basin can
function as
temporary
sediment storage
- However, it
requires
continuous
maintenance!!
Sediment Basins
- Require a lot of
monitoring and
maintenance
during site
construction
- Sediment should
be removed when
pond is 1/3 full
MAINTENANCE!
Erosion
Control
Outlet Protection
A rip-rapped channel section placed below
storm drain outlets.
Purpose - reduce velocity of flow before
entering receiving channels below the storm
drain outlets.
Outlet Protection
Spread it Around
- Good placement
and construction
of rock apron
- Will slow
down and
break up the
concentrated
flows
However… the
area needs seeding
and mulching
Poor Maintenance of Outlet
Clogged with Sediment !
Outlet Protection
Poor Protection!
- Too thin, needs
more rock
- No flow dissipater
at the outlet
Disturbed Area
Stabilization
Establishing temporary vegetative cover or to
apply mulch to stabilize the soil
Its purpose is to:
Reduce damage from sediment and runoff to
downstream areas
Improve wildlife habitat and increase
biological activity in the soil
Vegetation and Mulching
Soak it In
Good Coverage!
- Area wellprotected, overseeded as
annual grass died
- Straw used as
mulch
Vegetation
- Temporary or
permanent cover
of vegetation to
reduce rainfall
impact and
erosion
- Grass also removes
sediment from
runoff
Vegetation
Good Coverage!
- Erosion control
blankets of
natural material
and straw are
used to
protect seeds and
grass growing
though blanket
Vegetation
Good Coverage!
- Grass seed is
mixed with
fertilizer in
recycled paper
and sprayed
into place
However…silt
fence is down and
no curb filter inlet
Mulching
Good Coverage!
- Should not see
much soil under
mulch
- Temporary cover
of straw used to
reduce rainfall
impact and
conserve moisture
Mulching
Very Poor
Coverage!
- This amount of
mulch does not
protect soil from
rainfall impact
- Building
materials around
site is not mulch
Slope Protection
Poor Protection!
- Seed has washed
away, rills and
gullies have
formed
- Temporary
down drains,
blankets and
barriers are
needed on slopes
A Few Down Drains Added
However... Site
still has rills
gullies, the
vegetation
has died and
No barriers
Slow it Down…
Sift it Out …
Spread it
Around!
Permit
Enforcement
Authority to Enforce
- EPD has ultimate authority under the General Permit
- LIA gets authority under GESA (state law)
If they become certified, pass an ordinance mirroring the
requirements of the permit and have trained personnel
- EPA always retains authority to enforce
under federally delegated programs or permits
Violations of the Permit
- Failure to submit an NOI
- Failure to properly design, install or
maintain BMPs
- Failure to monitor/sample or report
- Failure to pay fees
(Cont.) Violations of the Permit
- Encroaching in the buffer without a variance
Activity in the 25 foot (50 foot for trout streams)
- Violating Water Quality Standards
(e.g.) Increasing the turbidity of a stream by
25 NTUs (Based on an upstream and downstream
measurement from the site)
Enforcement Action
- Notice of Violation
- Mandatory Stop Work Orders
- Penalties
- Civil Suits
Notice of Violation (NOV)
- Issued by LIA, but EPD can also issue
- For 1st and 2nd violations, violator has
5 days to “correct”
If not corrected, the LIA shall issue
a stop work order
- 3rd violation, LIA shall issued a stop work order
Mandatory Stop Work Orders
Issued for:
- Land disturbance without a permit (no NOI)
- Significant sediment discharged to waters
- Encroachment in stream buffer without
a variance
- BMPs not properly designed, installed
and/or maintained
Penalties
- LIA:
Fines not to exceed $2,500 per day, per violation
- EPD and EPA:
Fines : $27,500 up to March 15, 2004, and
$32,500 thereafter
Citizen
Suits
CWA Allows Any Citizen to File Suit
Against NPDES Permit Holder
Requires:
- Individual or Organizational “Standing”
…Must be affected directly by violations
- A 60 day notice
- Violation must be ongoing
Suit Hurdles
- Site Access --- DO NOT TRESPASS!!
- Costs
Experts
Litigation
- Inadequate Government Enforcement
Get the
Dirt Out
in Your Watershed
Monitor Construction Activities
In Your Watershed
What to watch for:
- Zoning notices and hearings
- Site clearing activities
-Other activities suggesting large development
-Muddy water flowing down streets
Do Your Own Evaluation
- Gather files/documents
- Contact government agencies
- Document the violations
Photograph, photograph, photograph and take notes.
Gather Files/Documents
- Contact your EPD’s District Office
and/or your LIA
- Gather the NOI and the ESPCP
- Gather the NPDES sampling reports and any
E&S violations citations
Help Government
Agencies Enforce the Law!
- Create a “Who to Call” list for
your watershed
- Use a report card, letter, and pictures
to document the issue
- Document, Document, Document - Pictures!
Site Report Card
A 96 acre Lake Just Prior to
Extensive Upstream Development
Condition of Lake -- During Upstream
Development and After a 1.5” Rainfall
Sediment and Increased Velocity from
Extensive Development -- Entering Lake
Sediment Leaving Lake and
Flowing into the Watershed
Protect Georgia’s Waterways
Special Thanks To:
Sally Mason
The Community Foundation for Greater Atlanta
U.S. EPA, Region IV and Headquarters
The Turner Foundation
Georgia Civil Justice Foundation
Donahue Studios, Inc.
Newfields
Southwings
** We thank our sponsors for supporting this important program. The purpose of this program is to educate citizens about environmental
laws and regulations. In doing so, neither UCR nor GCLPI advocate any particular position and the support for this program is intended
solely to educate citizens of Georgia in the law and the process for participation by citizens in the legal process.
Georgia Center
for Law in the Public Interest
175 Trinity Avenue, SW
Atlanta, GA 30303
(404) 659-3122 (phone)
(404) 688-5912 (fax)
[email protected]
Upper Chattahoochee Riverkeeper
3 Puritan Mill
916 Joseph Lowery Blvd.
Atlanta, GA 30318
404-352-9828
fax 404-352-8676
[email protected]
[email protected]
www.cleangeorgia.org
www.ucriverkeeper.org