NPDES CONSTRUCTION STORM WATER PERMITS

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NPDES CONSTRUCTION STORM WATER PERMITS
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PERMIT HISTORY

• NPDES General Permit No. GAR100000 first issued
  in 1992 appealed by environmental groups
• Negotiations with environmental groups through
  four additional issuances/appeals through 1996
• 1999 issuance appealed by regulated community
• GAR100000 issued in August of 2000 expired July
  31, 2003

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WHAT NOW?

• Permitting threshold reduced to one acre in
  accordance with U.S. EPAs Phase II Storm Water
  regulations
• Separate general permits for Stand Alone
  (Individual) projects, Common Developments, and
  Infrastructure projects
• Permits are available on Georgia EPDs website at
  www.dnr.state.ga.us/dnr/environ click on
  Technical Guidance and then Storm Water

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THREE GENERAL PERMITS

• GAR100001 Stand Alone Projects
• GAR100002 Infrastructure Projects
• GAR100003 Common Developments

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OBTAINING PERMIT COVERAGE

• Determine which permit is required for your
  project
• Obtain copy of Notice of Intent (NOI) form for
  that permit from EPDs website
• Fill out NOI form completely and correctly
• Submit NOI form by return receipt certified mail
  at least 14 days before beginning construction
• Copy of NOI to Local Issuing Authority

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ESPC PLAN

• An Erosion, Sedimentation and Pollution Control
  (ESPC) Plan must be developed, implemented and
  maintained for all permitted construction sites
• Plan developed for entire project by the primary
  permittee
• ESPC Plan must include Best Management Practices
  (BMPs) consistent with the Manual for Erosion
  Sediment Control In Georgia
• Plan must also identify all other potential
  sources of storm water pollution and appropriate
  BMPs for managing them
• ESPC Plan requirements in Part IV of the permit

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DEADLINES FOR PLAN COMPLETION

• For new sites, the ESPC Plan must be completed
  before beginning construction
• Sites under construction on the effective date of
  the permits that were covered by the previous
  permit (GAR100000) may continue to operate under
  the existing ESPC Plan and Comprehensive
  Monitoring Program (CMP) with the exception of
  the sampling requirements
• Plan must be kept on site or at a readily
  available location

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DEADLINES FOR PLAN COMPLETION

• Sites that disturb 250 acres or more must develop
  an ESPC Plan within 60 days and implement the
  Plan within 90 days of the effective date of the
  new permits
• Sites that disturb between one and five acres
  that are under construction and have passed mass
  grading as of the effective date of the new
  permits must submit a NOI, but are not required
  to amend their Plan or conduct any storm water
  sampling if the site will reach final
  stabilization within 180 days after the effective
  date of the permit
• Separate NOI form

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PLAN SUBMITTALS

• For new projects that will disturb equal to or
  greater than 50 acres, submit a copy of the ES
  PC Plan to the EPD District Office with the NOI
• For all projects located in a jurisdiction where
  there is no local issuing authority for LDA
  permits, submit a copy of the Plan to EPDs Water
  Protection Branch and copies of the NOI and the
  Plan to the appropriate local Soil Water
  Conservation District Office for information /
  review

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INSPECTIONS

• Inspections by qualified personnel only
• Daily at vehicle entrances exits and areas
  where petroleum products are used, stored, or
  handled
• Weekly and within 24 hours of each ½ inch or
  greater storm event disturbed areas, storage
  areas, structural BMPs, and outfall locations
• Monthly inspections of final stabilized areas
• If BMP deficiencies are found during an
  inspection, they should be corrected immediately
  and the Plan must be revised as appropriate
  within seven days

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SAMPLING REQUIREMENTS

• Note A separate Comprehensive Monitoring
  Program (CMP) is not required by the new permits
• Two sampling events over the course of the
  project sample all receiving waters and/or
  outfalls
• First ½ inch or greater rain event during normal
  business hours that occurs after clearing and
  grubbing
• Second from a ½ inch or greater rain event that
  occurs either 90 days after the first event or
  after all mass grading operations have been
  completed

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SAMPLING REQUIREMENTS

• When BMP deficiencies exist during one of the two
  required sampling events, corrective action must
  be defined and implemented within two days
• Additional sampling must be conducted for every ½
  inch or greater rainfall event during normal
  business hours until deficiencies are corrected
  or turbidity standard is attained

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REPORTING

• Submit monitoring results by the 15th day of the
  month following the sampling event
• Reports should include name and location of
  project, name(s) of sampling personnel, sample
  locations, date and time of sampling, and
  sampling results
• Reports submitted to EPD District Office

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TERMINATION OF COVERAGE

• Submit Notice of Termination (NOT) when entire
  project has undergone final stabilization, all
  storm water discharges associated with
  construction activity have ceased, and the site
  is in compliance with the permit
• Final Stabilization ALL soil disturbing
  activities have been completed AND 100 of soil
  surface is covered in permanent vegetation with a
  density of 70 or more, or equivalent permanent
  stabilization measures have been used
• Change in Owner/Operator notify next
  Owner/Operator NOI submittal
• Copy of NOT to Local Issuing Authority

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LIKELY AREAS OF ENFORCEMENT

• Failure to submit NOI to obtain permit coverage
• Failure to prepare, implement, or maintain ESPC
  Plan
• Improper installation maintenance of BMPs
• Failure to conduct turbidity sampling
• Incomplete record keeping and reporting
• Improper BMPs resulting in turbidity numbers
  exceeding Appendix B values
• Failure to pay fees

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PERMIT FEES

• Agreed upon during permit negotiations in return
  for reduction of monitoring requirements
• DNR Board will meet in October to adopt rules and
  set the permit fee
• Fee will not exceed 80 per disturbed acre
• Implementation by end of 2003
• Fees will be based on amount of disturbed acreage
  existing at the site on the effective date of the
  permits (August 13, 2003)
• Payment of fees agreed to by permitee upon
  submittal of NOI

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COMMON SENSE TIPS

• Develop good ESPC Plan and implement it
  correctly
• Begin installing BMPs as soon as land is
  disturbed
• Keep disturbances to a minimum
• Quickly stabilize disturbed areas
• Inspect often and train employees in ES control
• Correct BMP deficiencies immediately
• Comply with the Permit!!!!!!!

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KEEP THE MUD OUT OF THE CREEK!!!