Transcript Slide 1

NPDES Permitting – An Overview
A&WMA AMS Luncheon
Thursday, March 12, 2009
Randall G. York, P.E., BCEE
This presentation attempts to present the basics of federal NPDES
permits and cannot serve as a standalone summary of applicable
requirements (state or federal). You are urged to obtain further
information from your permit issuing authority.
Items for Today’s Discussion
• History of U.S. Water Pollution Control
• Scope of The NPDES Program
• Types of Permits
• Overview of Permit Applications
• Practical Advice to Ease the “Pain”
History of U.S. Water Pollution
Control
• Present programs initiated by the 1948 Water Pollution
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Control Act
Federal role strengthened - Water Pollution Control Act
Amendments of 1956 & Federal Water Pollution Control
Act Amendments of 1961
Water Quality Act of 1965 required States to develop
standards
EPA in 1970 - Refuse Act Permit Program (RAPP) (under
the 1899 Rivers and Harbors Act)
Federal Water Pollution Control Act (FWPCA)
Amendments of 1972 were a comprehensive
recodification and revision
FWPCA Amendments’ Goals
• "the discharge of pollutants into navigable
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waters be eliminated by 1985“;
"an interim goal of water quality which provides
for the protection and propagation of fish,
shellfish, and wildlife and provides for recreation
in and on the water be achieved by July 1,
1983"; and
"that the discharge of toxic pollutants in toxic
amounts be prohibited".
FWPCA Amendments’ Principles
• The discharge of pollutants to navigable waters is not a
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right.
A discharge permit is required to use public resources for
waste disposal and limits the amount of pollutants that
may be discharged.
Wastewater must be treated with the best treatment
technology economically achievable, regardless of the
condition of the receiving water.
Effluent limits must be based on treatment technology
performance, but more stringent limits may be imposed
if the technology-based limits do not prevent violations
of water quality standards in the receiving water.
Scope Of The NPDES Program
• Under the NPDES Program, all facilities
which discharge pollutants from any point
source into waters of the United States are
required to obtain a NPDES permit
“Pollutants”
• Defined very broadly and includes any type of
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industrial, municipal and agricultural waste
discharged into water
Conventional ( BOD5, TSS, pH, fecal coliform
and O&G
Toxic or Priority (metals and organic
compounds)
Non-conventional (NH3, N, P, COD and WET)
“Point Source”
• Includes discharges from publicly owned
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treatment works (POTWs), discharges from
industrial facilities and discharges associated
with urban runoff
“Direct” sources discharge wastewater directly
into the receiving water body (NPDES)
”Indirect” sources discharge wastewater to a
POTW (National Pretreatment Program)
Waters of the United States
• Navigable waters
• Tributaries of navigable waters
• Interstate waters, and Intrastate lakes, rivers,
and streams which are:
– used by interstate travelers for recreation and other
purposes;
– sources of fish or shellfish sold in interstate
commerce; or
– utilized for industrial purposes by industries engaged
in interstate commerce.
Types Of Permits
• Individual Permit is specifically tailored to a
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facility based on information contained in the
permit application (e.g., type of activity, nature
of discharge, receiving water quality)
General Permit covers multiple facilities within a
specific category and large numbers of facilities
can be covered under a single permit.
Permit Issuance Process
INDIVIDUAL
GENERAL
Permit Application
Identify Need &
Collect Data
Permit / Fact Sheet
Development
Permit / Fact Sheet
Development
Public Notice &
Public Comments
Public Notice &
Public Comments
Administrative
Record
Administrative
Record
Final Permit
Final Permit
Notice of Intent
to be Covered
NPDES Permits May Be Required
for Different Kinds Of Discharges
• Industrial Wastewater
• Discharges of Stormwater from Industrial
Facilities
• Discharges of Stormwater Discharges from
Municipal Storm Sewers
• Discharges of Stormwater from
Construction Sites
Industrial Wastewater
• Process wastewater - Comes into direct contact with
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process or is covered by an ELG
Noncontact cooling water (NCCW) - Contained within a
closed loop and does not contact process.
Contact cooling water (CCW) - Contacts process or
otherwise becomes or can become contaminated.
Miscellaneous wastewaters –
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Blowdown from boilers or cooling water systems;
Laboratory wastes;
Housekeeping wastewaters;
Seepage from materials, product, or waste storage piles;
Sludge storage/processing operations.
Discharges of Stormwater from
Industrial Facilities
• Point source discharge
• SIC Code Applicability
• Exposure of Stormwater to Industrial
Activities (11 Questions)
Discharges of Stormwater
Discharges from Municipal Separate
Storm Sewer Systems (MS4s)
• Phase I (1990) requires larger cities to obtain
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NPDES permit coverage for stormwater.
Phase II (1999) requires regulated small MS4s
to obtain NPDES permit coverage for
stormwater.
Phase I MS4s typically are covered by individual
permits and Phase II MS4s are covered by a
general permit.
MS4s must implement a stormwater
management program to reduce contamination.
Discharges of Stormwater from
Construction Sites
• General NPDES Permit
– earth disturbance activity with a point source discharge involving
1 to 5 acres
– larger plan of development that involves 5 acres
– Excludes agricultural, timber, or road maintenance
• Individual NPDES Permit
– earth disturbance activities that are located in “special
protection” watersheds (high quality, exceptional value, and
exceptional value wetlands)
– may affect existing water quality standards or threatened or
endangered species and habitat
– have the potential for hazardous or toxic discharges
Major Components of a Permit
• Cover Page - Name and location of the permittee, statement authorizing the
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discharge and the specific locations for which a discharge is authorized.
Effluent Limits - The primary mechanism for controlling discharges of
pollutants and are based on applicable technology-based and water qualitybased standards.
Monitoring and Reporting Requirements - Used to characterize waste
streams and receiving waters, evaluate wastewater treatment efficiency,
and determine compliance with permit conditions.
Standard Conditions – Pre-established conditions that apply to all NPDES
permits and delineate the legal, administrative, and procedural
requirements of the permit.
Special Conditions - Conditions developed to supplement effluent limit
guidelines. Examples include: best management practices (BMPs),
additional monitoring activities, ambient stream surveys, and toxicity
reduction evaluations (TREs).
Major Components of a Permit
Application – Individual
• General Information Form (8000-PM-IT0001)
• Application Fee - $500
• Proper evidence of Act 14 municipality and
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county notification
Proof of local newspaper public notice (for new
and substantially changed discharges only)
Topographic Map
Industrial Wastewater - Module 1
Wastewater Treatment Technologies - Module 2
Major Components of a Permit
Application – Individual (cont.)
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Sources Of Wastewater sheet(s) - Module 3
Analysis Results Table(s) - Modules 4-9
Hazardous Substance Table - Module 10
Toxic Chemicals (Optional) - Module 11
Stormwater (if required) - Module 12
Stormwater Sampling Data Table (if required) Module 13
No Exposure Certification (if required) - Module
14
Major Components of a Permit
Application – General (Industrial
Stormwater)
• Completed NOI (signed) (Facility/Contact info,
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receiving water and outfall info, analytical data,
pollutant info, BMPs and compliance history)
NOI filing fee ($100)
Facility Information
– Facility Description – Attach a topographic map or
sketch indicating the point of discharge at the facility.
– Facility Description – Attach a USGS topographic map
showing facility and discharge location.
Major Components of a Permit
Application – General (Construction
Stormwater)
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Completed NOI Form
Complete Erosion and Sediment Control Plans
Permit filing fee of $250 (may be other fees)
Notifications to the local municipality and county
governments that specify Acts 67 and 68
Coordination
Proof of receipt of municipal notifications
Major Components of a Permit
Application – General (Construction
Stormwater) (cont.)
• The PNDI Review for the project area
• Complete Post Construction Stormwater
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Management Plan
Consistency letter from Municipal or County
Engineer (where applicable)
Appendix B Land Use Questions
Complete Required Worksheets 1 – 5 (project
planning details)
Checklist for Subsequent Phases (of permitted
projects)
Practical Advice to Ease the “Pain”
• The D and E in NPDES should be taken seriously. No Discharge =
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No Permit
Permitting costs more time and money than most expect. Do the
work on the front end and you avoid it altogether. Is discharging to
a POTW an option?
Include a narrative. This isn't part of any application but helps in
the review process. Describe the operations at the facility, how the
wastewater is generated, where and how water is collected, etc.
Get the latest version of the forms from the PADEP website.
Closely follow the application instructions. Benefits are obvious!
Completely fill out the application. Sometime units (gpd, mgd, etc.)
are changed without explanation, sections left blank etc. If any of
this is deliberate an explanation should be provided.
Practical Advice to Ease the “Pain”
(cont.)
• Some applications require a minimum number of
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samples. Be sure this is met.
If you are applying for a new permit that involves
stormwater, sample it. The instructions are not clear
about this but, but you will be asked to sample the
stormwater.
If you are preparing a "design engineers report" for a
Part II application be sure to follow the guidance
document.
Spend some time on the site map. Make sure the
outfalls are clearly located and update the lat/long if
possible.
Practical Advice to Ease the “Pain”
(cont.)
• Implement your BMPs. DEP will visit the site before the
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permit is issued. If the proposed/existing BMPs are not
in place, it will delay the permit.
System design – Keep stormwater separate from
industrial waste. Not a requirement, but favorably
received by PADEP and in most cases makes sense
anyway.
Analyze the application instructions for the sampling
requirements and prepare a Sample Protocol document
that lists pertinent details.
Discuss the Sample Protocol with the DEP permit writer
or compliance specialist, especially if there are anomalies
like inaccessible sampling points, no-flow situations, less
than 24 hour flow situations, etc.
Practical Advice to Ease the “Pain”
(cont.)
• Be meticulous in the details.
• Plan. Plan some more. Check your Plan.
• Maintain open communications among
Facility Operator, Engineer/Consultant,
Sampler, Laboratory and PADEP.
Questions?
• Randall G. York, P.E., BCEE
[email protected]