References

NPDES Storm Water Construction Program

Why Is EPA Concerned About Storm Water?

  • Traditional point sources have been largely controlled (e.g., wastewater treatment plants, industrial process wastewaters).
  • Wet Weather Sources (e.g., combined sewer overflows, agricultural runoff, animal feeding operations, other non-point sources and urban storm water) are often cited as major causes of water quality impairment.

 

Why Is EPA Concerned About Storm Water?

  • Traditional “point sources” have been largely controlled (e.g., wastewater treatment plants, industrial process wastewaters).
  • “Wet Weather Sources” (e.g., combined sewer overflows, agricultural runoff, animal feeding operations, other non-point sources and urban storm water) are often cited as major causes of water quality impairment.

 

Problems Associated With Urban Storm Water

  • Illicit Connections and dumping
  • Bacteria (e.g., pets/wildlife)
  • Metals (e.g., Cu from brake pads)
  • Oils/grease/PAHs (e.g., from autos)
  • Nutrients and pesticides (e.g., lawncare)
  • Streambank erosion/hydrologic modification

 

National Storm Water Program

  • Authorized by the 1987 amendments to the Clean Water Act
  • Covers discharges from both municipal and industrial sources, including construction sites
  • Phase I (1990) covers large construction sties (5+ areas) – implemented in 1992
  • Phase II (1999) covers small construction site (1 to 5 acres) – implementation 2003-2013

 

Who’s Covered – Phase I Rule
Construction sites that will:

  • disturb 5 or more acres
  • disturb less than 5 acres, but is part of a larger plan of development or sale that will total 5 acres or more
  • discharge storm water runoff to a MS4 or waters of the US

 

Who’s Covered – Phase II Rule
Construction sites that will

  • disturb 1 to 5 acres
  • disturb less than 1 acres, but is part of a larger plan of development or sale that will total 1 to 5 acres
  • discharge storm water runoff to a MS4 or waters of the US

 

Permitting Options for Large Construction Sites

  • Construction General Permit (CGP) where EPA is the permitting authority
    • National CGP issued in Regions 1, 2 , 3, 7, 8, 9 and 10
    • Region 4 CGP
    • Region 6 CGP
    • Region 5 Tribal CGP to be noticed in Oct/Nov 2001
  • State general permits

 

Permitting Options for Small Construction Sites

  • Permitting authorities must develop and issue permits by December 2002
  • EPA has developed a model small construction permit based on the CGP

 

Waivers For Small Construction Sites

  • Rainfall Erosivity Waiver
    • intended to exempt the requirements for a permit when and where negligible rainfall/runoff-erosivity is expected (e.g., arid regions)
  • Water Quality Waiver
    • if storm water controls are not needed based on a “total maximum daily load” (TMDL) approved or established by EPA that addresses the pollutant(s) of concern
    • for non-impaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutant(s) of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety

 

Construction Permit Requirements

  • Eligibility requirements (e.g., Endangered Species Act, National Historic Preservation Act)
  • Notice of Intent (NOI)
  • Special Conditions
    • prohibition of non SW discharges, spills, water quality standards
  • Storm Water Pollution Prevention Plans
  • Storm Water Management Plans
  • Notice of Termination
  • Records Retention

 

Storm Water Pollution Prevention Plans

  • Site Description
  • Site Map
  • Sediment and Erosion Control Measures (BMPs)
  • Maintenance
  • Inspections
  • Identify responsible party(ies)

 

Available Resources

  • US EPA Storm Water Page (http://cfpub1.epa.gov/npdes/home.cfm?program_id=6)
  • Region 5 Storm Water Page (http://www.epa.gov/r5water/npdestek/npdstma.htm)