Session no. F STORM WATER PERMITS DEMYSTIFIED€¦ · inspection Stormwater Construction Site Inspection Report General Information Project Name NPDES Tracking No. Location Date of

US Army Corps of Engineers

BUILDING STRONG®

Session no. F

STORM WATER PERMITS DEMYSTIFIED

James Rice, PE

USAG-HI Storm Water Program Manager

Russell Leong

U.S. Army Corps of Engineers

20 May 2010

BUILDING STRONG®

Agenda

Federal and State Law

USAG-HI NPDES Permit

►TMDL’s

►Construction Site Runoff Program

►Post Construction SWM

Summary/Next Steps

BUILDING STRONG®

Federal Law and Regulations


►Clean Water Act (CWA)-restore and maintain

the chemical, physical and biological integrity

of the Nations waters

►Water Quality Act of 1987

• CWA Section 402(p) NPDES

• Mandated Storm Water Permits for SW associated

with Industrial Activities

• Promulgated in 40 CFR 122-125

BUILDING STRONG®



►November 16, 1990 Phase I

• Medium and Large MS4

• Construction Sites 5 acres or more

►December 8, 1999 Phase II

• Small MS4

• Construction Sites 1-5 Acres

Energy Independence Security Act (EISA)

2007-Stormwater Management

BUILDING STRONG®

State Regulations-HI Primacy


► Hawaii Revised Statutes C 342D Water Pollution

• Inspection, enforcement, penalties and reporting

► Hawaii Administrative Rule C11-54,Water Quality

Standards, Revision February 2010

► Hawaii Administrative Rule C11-55,Water Pollution

Control

• Appx B SW Associated with Industrial Activities

• Appx C SW associated with Construction Activities

BUILDING STRONG®


Notice of Intent Form C-General Permit

Coverage for Construction Activities

►Disturb larger than one (1) acre

►Provide letter of authorization to discharge

through USAG-HI MS4

BUILDING STRONG®

USAG HI Small MS4

► SWMP

• Required to comply with

six minimum measures

• Construction Site

Runoff

• Post Construction

Storm Water

Management in New

Development and

Redevelopment

• Annual Report

BUILDING STRONG®

Total Maximum Daily Loads

(TMDL’s)

Assessments to determine source of

pollutants of concern

►Maximum amount of pollutants water body

can assimilate

►Then allocate each stakeholder an amount

that can be discharged.

BUILDING STRONG®


(TMDL’s)

SDOH collecting data and completing

assessments at various watersheds

throughout the State

►Kaukonahua and Waikele Watersheds

►COE collecting data in house

Waste load allocation will be incorporated

into the NPDES permit.

BUILDING STRONG®

Downstream

Outflow Locations

Upstream Background Location

SW-2

SW-1

SW-3

SW-4

Mt. Kaala (marsh)


(TMDL’s)

Surface Water Sampler Locations

BUILDING STRONG®

NPDES Permit MS4

Construction Site Runoff Control

► Why do we need this?

• Runoff from construction sites flows to MS4

► Required to have regulatory mechanism for requiring

erosion and sediment controls

► Conduct site plan review

► Procedures for site inspection and enforcement

measures

► Procedures for citizens complaints

BUILDING STRONG®

Quarterly Inspections

Conduct Quarterly

Inspections

► Intent is to reduce

sediment laden runoff

from leaving the site

► Review approved plan,

NOI form C, erosion

and sediment control

plan

► Conduct BMP

inspection

Stormwater Construction Site Inspection Report

General Information

Project Name

NPDES Tracking No. Location

Date of Inspection Start/End Time

Inspector’s Name(s)

Inspector’s Title(s)

Inspector’s Contact Information

Inspector’s Qualifications

Insert qualifications or add reference to the SWPPP. (See Section 5 of the SWPPP

Template)

Describe present phase of

construction

Type of Inspection:

Regular Pre-storm event During storm event Post-storm event

Weather Information

Has there been a storm event since the last inspection? Yes No

If yes, provide:

Storm Start Date & Time: Storm Duration (hrs): Approximate Amount of Precipitation (in):

Weather at time of this inspection?

Clear Cloudy Rain Sleet Fog Snowing High Winds

Other: Temperature:

Have any discharges occurred since the last inspection? Yes No

If yes, describe:

Are there any discharges at the time of inspection? Yes No

If yes, describe:

Site-specific BMPs

Number the structural and non-structural BMPs identified in your SWPPP on your site map and list them

below (add as many BMPs as necessary). Carry a copy of the numbered site map with you during your

inspections. This list will ensure that you are inspecting all required BMPs at your site.

Describe corrective actions initiated, date completed, and note the person that completed the work in the

Corrective Action Log.

BMP BMP

Installed?

BMP

Maintenance

Required?

Corrective Action Needed and Notes

1 Yes No Yes No

2 Yes No Yes No

3 Yes No Yes No

4 Yes No Yes No

5 Yes No Yes No

6 Yes No Yes No

7 Yes No Yes No

8 Yes No Yes No

9 Yes No Yes No

10 Yes No Yes No

BUILDING STRONG®

Various Site Conditions

BUILDING STRONG®

Post Construction SWM

Why do we need this?

►Increase in type and quantity of pollutants

across developed areas(oil and grease,

metals, nutrients)

►Increase in impervious area-scour, flooding

Implementation

►Non structural BMP’s

• Sensitive areas

BUILDING STRONG®



Implementation

►Structural BMP’s

• Infiltration practices-

infiltration trenches,

porous pavement

• Vegetative practices-bio

swales, filter strips and

rain gardens

BUILDING STRONG®


Post Construction SWM in New

Development and Redevelopment

Projects

►Modify Design Build RFP to incorporate EISA

2007. ODUSD I&E requires Low Impact

Development to meet intent of EISA

►Retrofit Analysis-Schofield and Wheeler(COE)

►Require operations and maintenance plan

BUILDING STRONG®

Enforcement Policies

USAG-HI NPDES Enforcement Policies

►Illicit Discharge Detection and Elimination

►Construction Site Runoff Control

►Post Construction SWM in New Development

and Redevelopment (Draft)

BUILDING STRONG®

Summary/Next Steps

NOI Form C

Letter of Authorization to Discharge

Comply with EISA

Complete TMDL Studies

LID Retrofit Analysis

BUILDING STRONG®

SESSION G

STORMWATER PERMITS

DEMISTIFIED – PART 2

AGENDA

• WHO ARE THE REGULATORS?;

• WHAT ARE THE REGULATIONS?;

• NOI FORM C – GUIDELINES;

• HRS 342 D-1;

• HAR 11-54;

• HAR 11-55;

• EPA CONSTRUCTION GENERAL PERMIT;

• EPA SWPPP GUIDE;

• EPA 40 CFR PART 450;

BUILDING STRONG®

WHO ARE THE REGULATORS?

AT ANY TIME YOU MAY BE VISITED BY – Directorate of Public Works

(DPW) Clean Water Program Manager; State Dept of Health (SDOH)

Compliance Branch; Environmental Protection Agency (EPA); City and

County of Honolulu (CCH); State Dept of Transportation Highways

(SDOTH).

• DPW – Enforcement Policy;

• SDOH – Fines; Penalties;

• EPA – Fines; Penalties; National Database;

• CCH – If project is in their right-of-way; Permit Req’d.

• SDOTH - If project is in their right-of-way; Permit Req’d.

Site Specific Best Management Practices (BMPs) or Storm Water Pollution

Prevention Plan (SWPPP) will need to cover all. Estimate and design for

the most conservative.

BUILDING STRONG®

WHO ARE THE REGULATORS?

READ – EPA SWWP GUIDE

BUILDING STRONG®

Ref: Guidelines_C.pdf; Guidelines for NOI Form C; Rev 8/1/2007

REGULATIONS

NOI FORM C

BUILDING STRONG®

Ref: Guidelines_C.pdf; Guidelines for NOI Form C; Rev 8/1/2007

REGULATIONS

NOI FORM C

iv. Controls for Land Disturbances

(1) A combination of sediment and erosion control measures are required to

achieve maximum pollutant removal.

(a) Disturbed Area => 10 acres - Sediment Basins Required. Design volume

from a 2-year, 24-hour storm, or 3,600 cubic feet of storage per acre.

Provide until final stabilization of the site.

(b) Disturbed Area => 10 acres where single basin cannot be provided.

Smaller sediment basins and/or sediment traps should be used. At a

minimum, silt fences, vegetative buffer strips, or equivalent sediment

controls are required for all down slope boundaries.

(c) Disturbed Area < 10 acres. Smaller sediment basins and/or sediment traps

should be used. At a minimum, silt fences, vegetative buffer strips, or

equivalent sediment controls are required for all down slope boundaries

BUILDING STRONG®

Ref: Hawaii Revised Statutes 342 D-1

REGULATIONS

HAWAII REVISED STATUTES

342 D-1; Part 1 Definitions

& General Provisions

DEFINITIONS

• State Waters – Includes drainage ditches;

• Water Pollutant – Includes rock, sand, soil, sediment;

• Water Pollution – Includes change in color of state waters; Includes discharge

of solid or liquid into state waters.

BUILDING STRONG®

Ref: Hawaii Administrative Rules; Chapter 11-54; 8/31/2004

REGULATIONS

HAWAII ADMINISTRATIVE RULES

CHAPTER 11-54

11-54-4 Basic water quality criteria applicable to all waters.

(a) All waters shall be free of substances attributable to domestic, industrial, or

other controllable sources of pollutants, including:

(2) Floating debris, oil, grease, scum, or other floating materials;

(3) Substances in amounts sufficient to produce taste in the water or

detectable off-flavor in the flesh of fish, or in amounts sufficient to produce

objectionable color, turbidity or other conditions in the receiving waters;

(6) Soil particles resulting from erosion on land involved in earthwork,

such as the construction of public works; highways; subdivisions;

recreational, commercial, or industrial developments; or the cultivation and

management of agricultural lands.

BUILDING STRONG®

PRE-TEST

WHAT IS THE COLOR OF THE WATER?

BUILDING STRONG®


REGULATIONS


CHAPTER 11-54

11-54-5.2 Inland water criteria. (b) Specific criteria for streams. Water column

criteria for streams shall be as provided in the following table:

BUILDING STRONG®


REGULATIONS


CHAPTER 11-54

N.T.U. = Nephelometric Turbidity Units. A comparison of the intensity of light

scattered by the sample under defined conditions with the intensity of light

scattered by a standard reference suspension under the same conditions. The

higher the intensity of scattered light, the higher the turbidity.

BUILDING STRONG®

POST-TEST

IS THE COLOR OF THE WATER NEAR 250 NTU?


BONUS QUESTION 1:

BONUS QUESTION 2:

BUILDING STRONG®

ACTIVE CONSTRUCTION

SITES 2007 – 618 ac

BUILDING STRONG®

Ref: Hawaii Administrative Rules; Chapter 11-55; Appendix C; 10/2007; page 55-C-8

REGULATIONS


CHAPTER 11-55; APPENDIX C

(L) If the construction project discharges storm water to a state water for which

a total maximum daily load has been approved by the EPA, the permittee shall

incorporate measures or controls to comply with the total maximum daily load

into the project's site specific construction best management practices plan

The measures or controls to meet the total maximum daily load

shall be implemented at the start of construction activities.

BUILDING STRONG®

Ref: EPA; NPDES General Permit for Stormwater Discharges From Construction Activities; As modified effective January 8, 2009.

REGULATIONS

EPA CONSTRUCTION

GENERAL PERMIT

3.5 Consistency with Total Maximum Daily Loads

If you are discharging into a water with an EPA established or approved

tMDL, you must implement measures to ensure that your discharge of

Pollutants from the site is consistent with the assumptions and requirements

of the EPA-established or approved TMDL, including any specific wasteload

allocation that has been established that would apply to your discharge. See

Part 1.3.C.5 for further information on determining permit eligibility related to

TMDLs.

5.6 Documentation of Permit Eligibility Related to Total Maximum Daily

Loads

C. Measures taken by you to ensure that your discharge of pollutants from

the site is consistent with the assumptions and requirements of the EPA-

established or approved TMDL, including any specific wasteload allocation

that has been established that would apply to your discharge.

BUILDING STRONG®


REGULATIONS

EPA CONSTRUCTION

GENERAL PERMIT

3.7 Training of Employees. You must train employees and subcontractors

as necessary to make them aware of the applicable control measures

implemented at the site so that they follow applicable procedures.

BUILDING STRONG®


REGULATIONS

EPA CONSTRUCTION

GENERAL PERMIT

D. Qualified Personnel: Inspections must be conducted by qualified

personnel (provided by the operator or cooperatively by multiple operators).

“Qualified personnel” means a person knowledgeable in the principles and

practice of erosion and sediment controls who possesses the skills to assess

conditions at the construction site that could impact stormwater quality and

to assess the effectiveness of any sediment and erosion control measures

selected to control the quality of stormwater discharges from the

construction activity.”

BUILDING STRONG®


REGULATIONS

EPA CONSTRUCTION

GENERAL PERMIT

A. Sediment Controls: You must implement the following, where

applicable:

1. Sediment Basins: For common drainage locations that serve an area

with 10 or more acres disturbed at one time, a temporary (or permanent)

sediment basin that provides storage for a calculated volume of runoff from

the drainage area from a 2-year, 24-hour storm, or equivalent control

measures, must be provided where attainable until final stabilization of the

site. Where no such calculation has been performed, a temporary (or

permanent) sediment basin providing 3,600 cubic feet of storage per acre

drained, or equivalent control measures, must be provided where

attainable until final stabilization of the site.

BUILDING STRONG®

NO SEDIMENT BASIN

179 ac; 1 – SILT FENCE

BUILDING STRONG®

Ref: EPA 833-R-04-004; Developing Your Stormwater Pollution Prevention Plan; A Guide for Construction Sites; May 2007

REGULATIONS

EPA SWPPP GUIDE

BUILDING STRONG®

Ref: 40 CFR Part 450 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category; Final Rule; 12/1/2009

REGULATIONS

EFFLUENT LIMITATION GUIDELINES

40 CFR Part 450; Final Rule

• On or after 4/1/2010, Non-numeric effluent limitations become effective

• On or after 8/2/2010, Effluent limitations become effective for sites with

disturbed acreage =>20. Maximum daily discharge of 280 NTU.


disturbed acreage =>10

BUILDING STRONG®

Ref: 40 CFR Part 450 Effluent Limitations Guidelines and Standards for the

Construction and Development Point Source Category; Final Rule; 12/1/2009

REGULATIONS



• On or after 4/1/2010, Non-numeric effluent limitations become effective

1. Non-Numeric Effluent Limitations Contained in the Final Rule

a. Erosion and Sediment Controls; i through vii.

b. Soil Stabilization Requirements;

c. Dewatering Requirements;

d. Pollution Prevention Measures; i through iii.

e. Prohibited Discharges; i through iv.

f. Surface Outlets

2. Changes to the Non-Numeric Effluent Limitations Since Proposal. EPA

made a number of changes to the non-numeric effluent limitations for the final

rule.

BUILDING STRONG®



REGULATIONS



• Monitoring Requirements

• Applies to 10 acres or more.

• Acreage include non-contiguous that are disturbed at same time.

• Daily Maximum Limitation

• Can sample multiple times during the day to determine the average

• If you did not sample, but the regulator did, the regulators average

applies.

• If you sampled and the regulator sampled, all the samples shall be

averaged.

• EPA discourages practices that monitor and select only results that are

below the limitation.

• EPA expects a minimum of 3 samples be collected at each discharge

point.

• Properly calibrated field turbidity meter is sufficient

• Sampling from 6 am to 6 pm.

BUILDING STRONG®

PRE-TEST

WHAT IS THE COLOR OF THE WATER?

BONUS QUESTION:

BUILDING STRONG®



Photos: Courtesy of CCH, Dept of Env Services

REGULATIONS




disturbed acreage =>20

• Discharge is less than or equal to 280 NTU

13 NTU 280 NTU

BUILDING STRONG®

POST-TEST



BUILDING STRONG®

Ref: 40 CFR Part 450 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category; Final Rule; 12/1/2009Ref: Isopluvial contours for 24-hr 2-year recurrence interval from NOAA

REGULATIONS



• Exception for Large Storm Event.

• On days when total precipitation during that day exceeds the local 2-

year, 24-hour storm event. 5-inches SB and WAAF.

• Even when total precipitation during the day exceeds the local 2-year,

24-hour storm permittees must comply with the non-numeric effluent

limitations.

BUILDING STRONG®

QUESTIONS

Session no. F STORM WATER PERMITS DEMYSTIFIED€¦ · inspection Stormwater Construction Site Inspection Report General Information Project Name NPDES Tracking No. Location Date of

Documents