Overview of RIPDES Construction General Permit Requirements

Developed by:

Greg Goblick, Laura Stephenson RI Department of Environmental Management RIPDES Permitting Program

Introduction: RIPDES Construction Storm Water Program

• Review and introduction of Phase I and Phase II requirements • • • When is a permit required?

Who is responsible to implement the permit?

Who is responsible for compliance?

Goals of the Construction Storm Water Program

 Minimize erosion during construction  Reduce/eliminate pollutants in storm water to protect water quality  Consider post construction storm water management

Large Construction (Phase I) Permitting

 Construction General Permit (CGP) – RIPDES issued in 1993 – – Re-issued March 1998 Re-issued September 9, 2003 (Phase II requirements incorporated in new CGP)  Authorization under the old CGP – Allowed automatic authorization for projects approved by CRMC, DEM Freshwater Wetlands, DEM WQC (only an NOI needed to be submitted to RIPDES)

Small Construction Permitting (Phase II)

     Municipalities required to developed local programs (refer to Small MS4 General Permit) Covers construction activity one or more acres RIDEM permits required Statewide No waivers RIDEM organized 3 focus group meetings (consultants, municipalities, environmental organizations, state and federal agencies to discuss draft CGP permit )

SWPPP Requirements

1 . Stamped/signed by one of the following:    Registered Professional Engineer (P.E.) Certified Professional in Soil Erosion Control (CPESC) Certified Professional in Storm Water Quality (CPSWQ)  Registered Landscape Architect Note: SWPPPs that require engineering must be stamped/signed by P.E.

SWPPP Requirements

cont.

2. Identify potential sources of pollutants which may reasonably be expected to affect the quality of storm water discharges associated with the construction activity.

SWPPP Requirements

cont.

3. Describe and ensure the implementation of Best Management Practices (BMPs) used to reduce or eliminate pollutants in storm water discharge(s) and assure compliance with the permit.

SWPPP Requirements

cont.

4. BMP selection shall include an evaluation of the effectiveness of available practices and be made with proper references.

Permit Changes: Qualifying

Local Programs (QLPs) • Permit includes conditions that incorporate department approved QLPs • Compliance with QLP = compliance with RIPDES • QLPs issue permits for sites 1-5 acres and greater than 5 if QLP chooses to do so

Permit Changes:

Reasons for QLPs      Requirements tailored to locality Local oversight more effective than just State oversight Protect local infrastructure and prevent introduction of pollutants into the local storm sewers and drainage system (MS4) Streamline duplicative permitting requirements Reduce permit fees

Permit Changes:

Phase II Requirements   Requires permit coverage for: – – Construction activity disturbing > 1 acre and < 5 acres Construction activity below 1 acre that is part of a larger common plan of development or sale Potential permit coverage for: – Construction activity that disturbs less than 1 acre of land may be designated based on water quality impact

Permit Changes:

Streamlining    Incorporate RIPDES NOI requirements in wetlands application process Wetlands application serves as RIPDES NOI for all sites greater than 1 acre NOI does not have to be submitted for sites with a Qualifying State or Local Program permit or approval* Less paper, less time, less money!

* Federal/State agencies do not have to apply for QLP approval if a RIPDES Permit is obtained

Permit Changes:

NOI Form Part IX: Natural Heritage Areas  Professional (a P.E., CPESC, CPSWQ, or Registered Landscape Architect) must certify information in Part V of NOI: – Is the site within or directly discharging to a Natural Heritage Area? (Yes or No) – If the site is within or directly discharging to a NHA, do you have previous approval from the DEM Natural Heritage Program (NHP)? If yes, include a copy of the approval letter

Permit Changes:

Part IX NHA’s Continued Projects that propose a storm water or allowable non-storm water discharge to or has discharge related activities that may potentially affect a NHA: Submit Map  Location of construction – Street address – – Nearest utility pole number Assessors plot and lot  Total area of site – Limits of disturbance

Permit Changes:

NOI Form Part X: SWPPP Development  Needs to be filled out for activities that are not required to submit a SWPPP (see authorization)  Ensure that a site specific SWPPP was prepared consistent with requirements  Does not alleviate or limit liability and sole responsibility of the owner/operator to implement & amend SWPPP

If CRMC or QLP Approval, and WQ Cert (if appl.) THEN Is my site > 5 acres?

NO YES

Authorization

YES Do I require any of the following?

• CRMC permit • QLP approval • WQ Certification • Wetlands permit YES Is my site 1 < x < 5 acres?

If Freshwater Wetlands Permit Submit NOI and approval YES THEN THEN Automatically Authorized

Do I require any of the following?

• CRMC permit • QLP approval • WQ Certification • Wetlands permit

Authorization

NO Is my site > 5 acres?

YES Submit SWPPP and NOI NO Is my site 1 < x < 5 acres?

YES Discharging directly to a NHA?

YES NO THEN Authorization upon notification YES Prior approval from NHP?

NO Submit NOI Submit NOI THEN Automatic authorization w/i 30 days Submit NOI & approval THEN Automatically authorized

Future Improvements

Kick it up a notch • Termination of project - P.E. certifies that any permanent structures constructed are according to SWPPP/design manual • Revise goals to be consistent with updated Storm Water Design Manual

Future Improvements

cont.

• Consider additional measures for final stabilization and long term storm water management • Consider requiring various measures such as sediment traps, basins or other controls based on area of disturbance

RIPDES Contact Information

Greg Goblick

Senior Environmental Engineer RIDEM RIPDES Program tel: (401) 222-4700 ext.7265

email: [email protected]

Margarita Chatterton

Senior Environmental Engineer RIDEM RIPDES Program tel: (401) 222-4700 ext.7605

email: [email protected]

Web: http://www.state.ri.us/dem/programs/ benviron/water/permits/ripdes/stwater/index.htm