[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Notices]
[Pages 18605-18628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9695]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5810-6]
Draft National Pollutant Discharge Elimination System (NPDES)
General Permit for Storm Water Discharges From Construction Activities
That Are Classified as Associated With Industrial Activity (FLR100000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of draft NPDES general permit reissuance for storm water
discharges from construction activities
[[Page 18606]]
that are classified as ``associated with industrial activity''.
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SUMMARY: Section 405 of the Water Quality Act of 1987 (WQA) added
section 402(p) of the Clean Water Act (CWA) which requires the
Environmental Protection Agency (EPA) to develop a phased approach to
regulating storm water discharges under the National Pollutant
Discharge Elimination System (NPDES) program. EPA published a final
regulation on November 16, 1990, (55 FR 47990) establishing permit
application requirements for storm water discharges associated with
industrial activity and for discharges from municipal separate storm
sewer systems serving a population of 100,000 or more. In the permit
application regulations, EPA defined the term ``storm water discharge
associated with industrial activity'' in a comprehensive manner to
cover a wide variety of facilities. This definition greatly expanded
the number of industrial facilities subject to the NPDES program.
EPA published a final NPDES general permit for storm water
discharges from construction activities that are classified as
``associated with industrial activity'' on September 25, 1992, (57 FR
44412). The general permit established Notice of Intent (NOI)
requirements, special conditions, requirements to develop and implement
storm water pollution prevention plans, and requirements to conduct
site inspections for facilities with discharges authorized by the
permit. Today's notice requests comments on the draft reissuance of the
above referenced general permit for discharges of storm water from
construction activities ``associated with industrial activity'' in the
State of Florida.
ADDRESSES: Persons wishing to comment upon or object to any aspects of
this permit reissuance or wishing to request a public hearing, are
invited to submit the same in writing within sixty (60) days of this
notice to the Office of Environmental Assessment, United States
Environmental Protection Agency, Region 4, Atlanta Federal Center, 100
Alabama Street, S.W., Atlanta, GA 30303-3104, Attention: Ms. Lena
Scott.
DATES: Comments relative to this draft permit are not required;
however, if you wish to submit comments, the comments must be received
by June 16, 1997.
FOR FURTHER INFORMATION CONTACT: Contact Mr. Floyd Wellborn, telephone
number (404) 562-9296, or Mr. Michael Mitchell, telephone number (404)
562-9303, or at the following address: United States Environmental
Protection Agency, Region 4, Water Management Division, Surface Water
Permits Section, Atlanta Federal Center, 61 Forsyth Street, S.W.,
Atlanta, GA 30303.
SUPPLEMENTARY INFORMATION:
Procedures for Reaching a Final Permit Decision
Pursuant to 40 CFR 124.13, any person who believes any condition of
the permit is inappropriate must raise all reasonably ascertainable
issues and submit all reasonably available arguments in full,
supporting their position, by the close of the comment period. All
comments on the proposed NPDES general permit received within the 60-
day period will be considered in the formulation of final
determinations regarding the permit reissuance.
After consideration of all written comments and the requirements
and policies in the Act and appropriate regulations, the EPA Regional
administrator will make determinations regarding the general permit
reissuance. If the determinations are substantially unchanged from
those announced by this notice, the Administrator will so notify all
persons submitting written comments. If the determinations are
substantially changed, the Administrator will issue a public notice
indicating the revised determinations.
A formal hearing is available to challenge any NPDES permit issued
according to the regulations at 40 CFR 124.15 except for a general
permit as cited by 40 CFR 124.71. Persons affected by a general permit
may not challenge the conditions of a general permit as a right in
further Agency proceedings. They may instead either challenge the
general permit in court, or apply for an individual permit as specified
at 40 CFR 122.21 as authorized at 40 CFR 122.28, and then request a
formal hearing on the issuance or denial of an individual permit.
Administrative Record
The proposed NPDES general permit, fact sheet and other relevant
documents are on file and may be inspected any time between 9:00 a.m.
and 4:00 p.m., Monday through Friday at the address shown below. Copies
of the draft NPDES general permit, fact sheet or other relevant
documents may be obtained by writing the United States Environmental
Protection Agency, Region 4, Atlanta Federal Center, 100 Alabama
Street, S.W., Atlanta, GA 30303-3104, Attention: Ms. Lena Scott, or
calling (404) 562-9607.
Draft NPDES Permits for Storm Water Discharges from Construction
Activities that are Classified as ``Associated with Industrial
Activity''
Table of Contents
Part I. Coverage Under This Permit
A. Permit Area
B. Eligibility
C. Authorization
Part II. Notice of Intent Requirements
A. Deadlines for Notification
B. Failure to Notify
C. Where to Submit
D. Additional Notification
E. Renotification
Part III. Special Conditions
A. Prohibition on Non-storm Water Discharges
B. Releases in excess of Reportable Quantities
Part IV. Unpaved Rural Roads
A. Construction
B. Maintenance
Part V. Storm Water Pollution Prevention Plans
A. Deadlines for Plan Preparation and Compliance
B. Signature and Plan Review
C. Keeping Plans Current
D. Contents of Plan
E. Contractors
Part VI. Retention of Records
Part VII. Standard Permit Conditions
A. Duty to Comply
B. Continuation of the Expired General Permit
C. Need to Halt or Reduce Activity Not a Defense
D. Duty to Mitigate
E. Duty to Provide Information
F. Other Information
G. Signatory Requirements
H. Penalties for Falsification of Reports
I. Penalties for Falsification of Monitoring Systems
J. Oil and Hazardous Substance Liability
K. Property Rights
L. Severability
M. Transfers
N. Requiring an Individual Permit or an Alternative General
Permit
O. State Laws
P. Proper Operation and Maintenance
Q. Inspection and Entry
R. Permit Actions
S. Planned Changes
T. Twenty-four Hour Reporting
U. Bypass
Part VIII. Reopener Clause
Part IX. Notice of Termination
A. Contents of the Notice of Termination
B. Where to Submit
C. Additional Notification
Part X. Definitions
PREFACE
The CWA provides that storm water discharges associated with
industrial activity from a point source (including discharges through a
municipal separate storm sewer system) to waters of the United States
are unlawful, unless authorized by an National Pollutant Discharge
Elimination System (NPDES)
[[Page 18607]]
permit. The terms ``storm water discharge associated with industrial
activity'', ``point source'' and ``waters of the United States'' are
critical to determining whether a facility is subject to this
requirement. Complete definitions of these terms are found in the
definition section (Part X) of this permit.
Part I. Coverage Under this Permit
A. Permit Area
The permit covers all areas administered by Region 4 in the State
of Florida.
B. Eligibility
1. This permit may authorize all discharges identified in the
pollution prevention plan of storm water associated with industrial
activity from construction sites, (those sites or common plans of
development or sale, including unpaved roads, that will result in the
disturbance of five or more acres total land area),\1\ (henceforth
referred to as storm water discharges from construction activities)
occurring after the effective date of this permit (including discharges
occurring after the effective date of this permit where the
construction activity was initiated before the effective date of this
permit), except for discharges identified under paragraph I.B.3.
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\1\ On June 4, 1992, the United State Court of Appeals for the
Ninth Circuit remanded the exemption for construction sites of less
than five acres to the EPA for further rulemaking. (Nos. 90-70671
and 91-70200).
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2. This permit may authorize storm water discharges from
construction sites that are mixed with storm water discharges
associated with industrial activity from industrial sources other than
construction, where:
a. the industrial source other than construction is located on the
same site as the construction activity;
b. storm water discharges associated with industrial activity from
the areas of the site where construction activities are occurring are
in compliance with the terms of this permit; and
c. storm water discharges associated with industrial activity from
the areas of the site where industrial activity other than construction
are occurring (including storm water discharges from dedicated asphalt
plants and dedicated concrete plants) are in compliance with the terms,
including applicable NOI or application requirements, of a different
NPDES general permit or individual permit authorizing such discharges.
3. Limitations on Coverage. The following storm water discharges
from construction sites are not authorized by this permit:
a. storm water discharges associated with industrial activity that
originate from the site after construction activities have been
completed and the site has undergone final stabilization;
b. discharges that are mixed with sources of non-storm water, other
than discharges identified in Part III.A of this permit which are in
compliance with Part V.D.5 (non-storm water discharges) of this permit;
c. storm water discharges associated with industrial activity that
are subject to an existing NPDES individual or general permit or which
are issued a permit in accordance with paragraph VI.L (requiring an
individual permit or an alternative general permit) of this permit.
Such discharges may be authorized under this permit after an existing
permit expires, provided the existing permit did not establish numeric
limitations for such discharges;
d. storm water discharges from construction sites that the Director
(EPA) has determined to be or may reasonably be expected to be
contributing to a violation of a water quality standard;
e. storm water discharges from construction sites if the discharges
may adversely affect a listed or proposed to be listed endangered or
threatened species or its critical habitat (see Appendix C);
f. discharges of storm water associated with industrial activity
from construction sites not specifically identified in the pollution
prevention plan in accordance with Part V of this permit. Such
discharges not identified in the plan are subject to the upset and
bypass rules in Part VII of this permit.
C. Authorization
1. A discharger must submit a Notice of Intent (NOI) in accordance
with the requirements of Part II of this permit, using an NOI form
provided by the Director (or a photocopy thereof), in order for storm
water discharges from construction sites to be authorized to discharge
under this general permit.\2\
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\2\ A copy of the approved NOI form is provided in Appendix A of
this notice.
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2. Where a new operator is selected after the submittal of an NOI
under Part II, a new NOI must be submitted by the operator in
accordance with Part II, using an NOI form provided by the Director (or
a photocopy thereof).
3. Unless notified by the Director to the contrary, dischargers who
submit an NOI in accordance with the requirements of this permit are
authorized to discharge storm water from construction sites under the
terms and conditions of this permit 2 days after the date that the NOI
is postmarked. The Director may deny coverage under this permit and
require submittal of an application for an individual NPDES permit
based on a review of the NOI or other information (see Part VII.L of
this permit).
Part II. Notice of Intent Requirements
A. Deadlines for Notification
1. Except as provided in paragraphs II.A.2, II.A.3, and II.A.4,
individuals who intend to obtain coverage under this general permit for
storm water discharges from a construction site (where disturbances
associated with the construction project commence before October 1,
1997), including unpaved rural roads, shall submit a Notice of Intent
(NOI) in accordance with the requirements of this Part by December 31,
1997;
2. Individuals who intend to obtain coverage under this general
permit for storm water discharges from a construction site, including
unpaved rural roads, where disturbances associated with the
construction project commence after October 1, 1997, shall submit an
NOI in accordance with the requirements of this Part, at least 2 days
prior to the commencement of construction activities (e.g. the initial
disturbance of soils associated with clearing, grading, excavation
activities, or other construction activities). Prior to submitting this
NOI, the owner of a storm water management system must receive a State
of Florida storm water permit from either the Florida Department of
Environmental Protection (FDEP) or a Florida Water Management District
(FWMD);
3. For storm water discharges from construction sites, including
unpaved rural roads, where the operator changes (including projects
where an operator is selected after an NOI has been submitted under
Parts II.A.1 or II.A.2), an NOI in accordance with the requirements of
this Part shall be submitted at least 2 days prior to when the operator
commences work at the site; and
4. EPA will accept an NOI in accordance with the requirements of
this Part after the dates provided in Parts II.A.1, 2 or 3 of this
permit. In such instances, EPA may bring appropriate enforcement
actions.
B. Contents of Notice of Intent
The Notice(s) of Intent shall be signed in accordance with Part
VII.G of this permit by all of the entities identified in Part II.B.2
and shall include the following information:
1. The mailing address, and location (including the county) of the
[[Page 18608]]
construction site for which the notification is submitted. Where a
mailing address for the site is not available, the location of the
approximate center of the site must be described in terms of the
latitude and longitude to the nearest 15 seconds, or the section,
township and range to the nearest quarter section;
2. The name, address and telephone number of the operator(s) with
day to day operational control that have been identified at the time of
the NOI submittal, and operator status as a Federal, State, private,
public or other entity. Where multiple operators have been selected at
the time of the initial NOI submittal, NOIs must be attached and
submitted in the same envelope. When an additional operator submits an
NOI for a site with a existing NPDES permit, the NOI for the additional
operators must indicate the number for the existing NPDES permit;
3. The location of the first outfall in latitude and longitude to
the nearest 15 seconds and the name of the receiving water(s) into
which that outfall discharges, or if the discharge is through a
municipal separate storm sewer, the name of the municipal operator of
the storm sewer and the ultimate receiving water(s). (All other
outfalls must be listed in the pollution prevention plan as required by
Part V.);
4. The permit number of any NPDES permit(s) for any discharge(s)
(including any storm water discharges or non-storm water discharges)
from the site;
5. An indication of whether the owner or operator has existing
quantitative data which describes the concentration of pollutants in
storm water discharges (existing data should not be included as part of
the NOI); and
6. An estimate of project start date and completion dates,
estimates of the number of acres of the site on which soil will be
disturbed, and a certification that a storm water pollution prevention
plan has been prepared for the site in accordance with Part V of this
permit. (A copy of the plans or permits should not be included with the
NOI submission). The applicant shall submit a narrative statement
certifying that the storm water pollution prevention plan for the
facility provides compliance with approved State of Florida issued
permits, erosion and sediment control plans and storm water management
plans. The applicant shall also submit a copy of the cover page of the
State permit issued by FDEP or a FWMD to the facility for the storm
water associated with construction activity.
C. Where to Submit
1. Facilities which discharge storm water associated with
industrial activity must use a NOI form provided by the Director (or
photocopy thereof). The form in the Federal Register notice in which
this permit was published may be photocopied and used. Forms are also
available by calling (404) 562-9296. NOIs must be signed in accordance
with Part VII.G of this permit. NOIs are to be submitted to the
Director of the NPDES program in care of the following address: Storm
Water Notice of Intent (4203), 401 M Street, S.W., Washington, DC
20460.
2. A copy of the NOI or other indication that storm water
discharges from the site are covered under an NPDES permit, and a brief
description of the project shall be posted at the construction site in
a prominent place for public viewing (such as alongside a building
permit).
D. Additional Notification
Facilities which are operating under approved State or local
sediment and erosion plans, grading plans, or storm water management
plans shall also submit signed copies of the Notice of Intent to the
State or local agency approving such plans in accordance with the
deadlines in Part II.A of this permit (or sooner where required by
State or local rules). Facilities which discharge storm water
associated with construction activities to a municipal separate storm
water system within Broward, Dade, Duval, Escambia, Hillsborough,
Orange, Palm Beach, Pinellas, Polk or Sarasota Counties shall submit a
copy of the NOI to the operator of the municipal separate storm sewer
system. Included within these counties, the Florida Department of
Transportation (FDOT), incorporated municipalities, and Chapter 298
Special Districts shall also be notified where they own or operate a
municipal separate storm sewer system receiving storm water discharges
associated with construction activity covered by this permit.
E. Renotification
Upon issuance of a new general permit, the permittee is required to
notify the Director of his intent to be covered by the new general
permit.
Part III. Special Conditions, Management Practices, and other Non-
Numeric Limitations
A. Prohibition on Non-Storm Water Discharges
1. Except as provided in paragraph I.B.2 and III.A.2, all
discharges covered by this permit shall be composed entirely of storm
water.
2. a. Except as provided in paragraph III.A.2.(b), discharges of
material other than storm water must be in compliance with a NPDES
permit (other than this permit) issued for the discharge.
b. The following non-storm water discharges may be authorized by
this permit provided the non-storm water component of the discharge is
in compliance with paragraph V.D.5 and the storm water management
system is designed to accept these discharges and provide treatment of
the non-storm water component sufficient to meet Florida water quality
standards: discharges from fire fighting activities; fire hydrant
flushings; waters used to wash vehicles or control dust in accordance
with Part V.D.2.c.(2); potable water sources including waterline
flushings; irrigation drainage; routine external building washdown
which does not use detergents; pavement washwaters where spills or
leaks of toxic or hazardous materials have not occurred (unless all
spilled material has been removed) and where detergents are not used;
air conditioning condensate; springs; and foundation or footing drains
where flows are not contaminated with process materials such as
solvents. Discharges resulting from ground water dewatering activities
at construction sites are not covered by this permit. The applicant may
seek coverage for these discharges under NPDES General Permit No.
FLG830000, published on July 17, 1989. (54 FR 29986) and modified on
August 29, 1991 (56 FR 42736).
B. Releases in Excess of Reportable Quantities
1. The discharge of hazardous substances or oil in the storm water
discharge(s) from a facility shall be prevented or minimized in
accordance with the applicable storm water pollution prevention plan
for the facility. This permit does not relieve the permittee of the
reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a
release containing a hazardous substance in an amount equal to or in
excess of a reporting quantity established under either 40 CFR 117 or
40 CFR 302, occurs during a 24 hour period:
a. The permittee is required to notify the National Response Center
(NRC) (800-424-8802; in the Washington, DC metropolitan area 202-426-
2675) in accordance with the requirements of 40 CFR 117 and 40 CFR 302
as soon as he or she has knowledge of the discharge;
b. The permittee shall submit within 14 calendar days of knowledge
of the
[[Page 18609]]
release a written description of: the release (including the type and
estimate of the amount of material released), the date that such
release occurred, the circumstances leading to the release, and steps
to be taken in accordance with Part III.B.3 of this permit to EPA
Region 4 Office at the address provided in Part VI.C (addresses) of
this permit; and
c. The storm water pollution prevention plan required under Part V
of this permit must be modified within 14 calendar days of knowledge of
the release to: provide a description of the release, the circumstances
leading to the release, and the date of the release. In addition, the
plan must be reviewed to identify measures to prevent the reoccurrence
of such releases and to respond to such releases, and the plan must be
modified where appropriate.
2. Spills. This permit does not authorize the discharge of
hazardous substances or oil resulting from an on-site spill.
Part IV. Unpaved Rural Roads
A. Applicability
The provisions of this part are applicable to the construction of
roads, except roads constructed for silviculture and agricultural uses,
that disturb five (5) acres or more and will remain unpaved after
construction is complete.
B. Construction
Construction of unpaved rural roads where the possibility of a
point source discharge to surface waters exists, must comply with all
applicable portions of this permit and the document Silviculture Best
Management Practices, 1993 Florida Department of Agriculture & Consumer
Services, or most current version or revisions of this document. In
addition, the following conditions apply:
1. Water turnouts, drainage systems designed to reduce the volume
and velocity of ditch flow, shall be constructed in conjunction with
the roadside drainage ditches in accordance with Appendix 7 of the
above referenced document.
2. All water turnouts must direct diverted flow onto vegetated
areas where it can be adequately dispersed. The turnouts shall not
direct diverted flow or road runoff into waters of the United States.
C. Notice of Termination
Where a site has been finally stabilized and all storm water
discharges from construction activities that are authorized by this
permit are eliminated (see Part IX.A.5. for the definition of
eliminated), or where the operator of all storm water discharges at a
facility changes, the operator of the facility may submit a Notice of
Termination that is signed in accordance with Part VII.G of this
permit.
Part V. Storm Water Pollution Prevention Plans
A storm water pollution prevention plan shall be developed for each
construction site covered by this permit. Storm water pollution
prevention plans shall be prepared in accordance with good engineering
practices. The plan shall identify potential sources of pollution which
may reasonably be expected to affect the quality of storm water
discharges from the construction site. In addition, the plan shall
describe and ensure the implementation of practices which will be used
to reduce the pollutants in storm water discharges associated with
industrial activity at the construction site and to assure compliance
with the terms and conditions of this permit. Facilities must implement
the provisions of the storm water pollution prevention plan required
under this part as a condition of this permit.
A. Deadlines for Plan Preparation and Compliance
The plan shall:
1. Be completed (including certifications required under Part V.E)
prior to the submittal of an NOI to be covered under this permit and
updated as appropriate;
2. The plan shall provide for compliance with the terms and
schedule of the plan beginning with the initiation of construction
activities.
B. Signature and Plan Review
1. The plan shall be signed in accordance with Part VII.G, and be
retained on-site at the facility which generates the storm water
discharge in accordance with Part V (retention of records) of this
permit.
2. The permittee shall submit plans to the State agency which
issued the storm water permit referenced in Part II.B.6. and shall make
plans available upon request to the Director; a State or local agency
approving sediment and erosion plans, grading plans, or storm water
management plans; or in the case of a storm water discharge associated
with industrial activity which discharges through a municipal separate
storm sewer system with an NPDES permit, to the municipal operator of
the system.
3. The Director, or authorized representative, may notify the
permittee at any time that the plan does not meet one or more of the
minimum requirements of this Part. Such notification shall identify
those provisions of the permit which are not being met by the plan, and
identify which provisions of the plan require modifications in order to
meet the minimum requirements of this part. Within 7 days of such
notification from the Director, (or as otherwise provided by the
Director), or authorized representative, the permittee shall make the
required changes to the plan and shall submit to the Director a written
certification that the requested changes have been made.
C. Keeping Plans Current
The permittee shall amend the plan whenever there is a change in
design, construction, operation, or maintenance, which has a
significant effect on the potential for the discharge of pollutants to
the waters of the United States, including the addition of or change in
location of storm water discharge points, and which has not otherwise
been addressed in the plan or if the storm water pollution prevention
plan proves to be ineffective in eliminating or significantly
minimizing pollutants from sources identified under Part V.D.2 of this
permit, or in otherwise achieving the general objectives of controlling
pollutants in storm water discharges associated with industrial
activity. In addition, the plan shall be amended to identify any new
contractor and/or subcontractor that will implement a measure of the
storm water pollution prevention plan (see Part V.E). Amendments to the
plan shall be prepared, dated, and kept as separate documents from the
original plan. The amendments to the plan may be reviewed by EPA in the
same manner as Part V.B above. Amendments to the plan must be submitted
to the State agency which issued the State storm water permit.
D. Contents of Plan
The storm water pollution prevention plan shall include the
following items:
1. Site Description. Each plan shall provide a description of
pollutant sources and other information as indicated:
a. A description of the nature of the construction activity;
b. A description of the intended sequence of major activities which
disturb soils for major portions of the site (e.g. grubbing,
excavation, grading);
c. Estimates of the total area of the site and the total area of
the site that is expected to be disturbed by excavation, grading, or
other activities;
d. An estimate of the runoff coefficient of the site before, during
and
[[Page 18610]]
after construction activities are completed using ``C'' from the
Rational Method, and existing data describing the soil or the quality
of any discharge from the site and an estimate of the size of the
drainage area for each outfall;
e. A site map indicating drainage patterns and approximate slopes
anticipated after major grading activities, areas of soil disturbance,
an outline of areas which may not be disturbed, the location of major
structural and nonstructural controls identified in the plan, the
location of areas where stabilization practices are expected to occur,
surface waters (including wetlands), and locations where storm water is
discharged to a surface water; and
f. The location in terms of latitude and longitude, to the nearest
15 seconds, of each outfall, the name of the receiving water(s) for
each outfall and the amount of wetland acreage at the site.
2. Controls. Each plan shall include a description of appropriate
controls and measures that will be implemented at the construction
site. The plan will clearly describe for each major activity identified
in Part V.D.1.b appropriate control measures and the timing during the
construction process that the measures will be implemented. (For
example, perimeter controls for one portion of the site will be
installed after the clearing and grubbing necessary for installation of
the measure, but before the clearing and grubbing for the remaining
portions of the site. Perimeter controls will be actively maintained
until final stabilization of those portions of the site upward of the
perimeter control. Temporary perimeter controls will be removed after
final stabilization). All controls shall be consistent with the
requirements set forth in the State Water Policy of Florida (Chapter
62-40, Florida Administrative Code), the applicable storm water
permitting requirements of the FDEP or appropriate FWMD, and the
guidelines contained in the Florida Development Manual: A Guide to
Sound Land and Water Management (FDEP, 1988) and any subsequent
amendments. The description and implementation of controls shall
address the following minimum components:
a. Erosion and Sediment Controls.
(1) Performance Standards. (a) The erosion and sediment controls
must be capable of removing 80% of the Settleable Solids (SS) in storm
water discharges from the site to Class III waters.
(b) The erosion and sediment controls must be capable of removing
95% of the SS in storm water discharges from the site to sensitive
waters such as potable water sources (class I waters), shellfish
harvesting waters (Class II waters) and outstanding Florida waters.
(2) Stabilization Practices. A description of interim and permanent
stabilization practices, including site-specific scheduling of the
implementation of the practices. Site plans should ensure that existing
vegetation is preserved where attainable and that disturbed portions of
the site are stabilized. Stabilization practices may include: temporary
seeding, permanent seeding, mulching, geotextiles, sod stabilization,
vegetative buffer strips, protection of trees, preservation of mature
vegetation, and other appropriate measures. A record of the dates when
major grading activities occur, when construction activities
temporarily or permanently cease on a portion of the site and when
stabilization measures are initiated shall be included in the plan.
Stabilization measures shall be initiated as soon as practicable in
portions of the site where construction activities have temporarily or
permanently ceased.
(3) Structural Practices. A description of structural practices, to
divert flows from exposed soils, store flows or otherwise limit runoff
and the discharge of pollutants from exposed areas of the site in
accordance with the requirements set forth in Section 62-40, 420, FAC,
and the applicable storm water regulations of the FDEP or appropriate
FWMD. Such practices may include silt fences, earth dikes, drainage
swales, sediment traps, check dams, subsurface drains, pipe slope
drains, level spreaders, storm drain inlet protection, rock outlet
protection, reinforced soil retaining systems, gabions, and temporary
or permanent sediment basins. Structural practices should be placed on
upland soils unless a State of Florida wetland resource management
permit issued pursuant to Chapters 373 or 403, FS, and applicable
regulations of the FDEP or FWMD authorize otherwise. The installation
of these devices may be subject to Section 404 of the CWA.
(a) For common drainage locations that serve an area with more than
10 disturbed acres at one time, a temporary (or permanent) sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent control measures, shall be provided where attainable until
final stabilization of the site. The 3,600 cubic feet of storage area
per acre drained does not apply to flows from offsite areas and flows
from onsite areas that are either undisturbed or have undergone final
stabilization where such flows are diverted around both the disturbed
area and the sediment basin. For drainage locations which serve more
than 10 disturbed acres at one time and where a temporary sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent controls is not attainable, smaller sediment basins and/or
sediment traps should be used. At a minimum, silt fences, or equivalent
sediment controls are required for all sideslope and downslope
boundaries of the construction area.
(b) For drainage locations serving less than 10 acres, sediment
basins and/or sediment traps should be used. At a minimum, silt fences
or equivalent sediment controls are required for all sideslope and
downslope boundaries of the construction area unless a sediment basin
providing storage for 3,600 cubic feet of storage per acre drained is
provided.
b. Storm Water Management. A description of measures that will be
installed during the construction process to control pollutants in
storm water discharges that will occur after construction operations
have been completed. The description of controls shall be consistent
with the requirements set forth in the State Water Policy of Florida
(Chapter 62-40, FAC), the applicable storm water permitting regulations
of the guidelines contained in the Florida Development Manual: A Guide
to Sound Land and Water Management (FDEP, 1988), and any subsequent
amendments. Structural measures should be placed on upland soils unless
a State of Florida wetland resource management permit issued pursuant
to Chapters 373 or 403, FS, and applicable regulations of the FDEP or
FWMD authorize otherwise. The installation of these devices may be
subject to Section 404 of the CWA. This NPDES permit only addresses the
installation of storm water management measures, and not the ultimate
operation and maintenance of such structures after the construction
activities have been completed and the site has undergone final
stabilization. Permittees are only responsible for the installation and
maintenance of storm water management measures prior to final
stabilization of the site, and are not responsible for maintenance
after storm water discharges associated with industrial activity have
been eliminated from the site. However, all storm water management
systems shall be operated and maintained in perpetuity after final
stabilization in accordance with the requirements set forth in the
State of Florida storm water permit issued for the site.
(1) Such practices may include: storm water detention structures
(including
[[Page 18611]]
wet ponds); storm water retention structures; flow attenuation by use
of open vegetated swales and natural depressions; infiltration of
runoff onsite; and sequential systems (which combine several
practices). Pursuant to the requirements of section 62-40, 420, FAC,
the storm water management system shall be designed to remove at least
80 percent of the average annual load of pollutants which cause or
contribute to violations of water quality standards (95 percent if the
system discharges to an Outstanding Florida Water). The pollution
prevention plan shall include an explanation of the technical basis
used to select the practices to control pollution where flows exceed
predevelopment levels.
(2) Velocity dissipation devices shall be placed at discharge
locations and along the length of any outfall channel for the purpose
of providing a non-erosive velocity flow from the structure to a water
course so that the natural physical and biological characteristics and
functions are maintained and protected (e.g. no significant changes in
the hydrological regime of the receiving water). Equalization of the
predevelopment and post-development storm water peak discharge rate and
volume shall be a goal in the design of the post-development storm
water management system.
c. Other Controls.
(1) Waste Disposal. No solid materials, including building
materials, shall be discharged to waters of the United States, except
as authorized by a Section 404 permit and by a State of Florida wetland
resource management permit issued pursuant to chapters 373 or 403, FS,
and the applicable regulations of the FDEP or FWMD.
(2) Off-site vehicle tracking of sediments and the generation of
dust shall be minimized.
(3) The plan shall ensure and demonstrate compliance with
applicable State and/or local waste disposal, sanitary sewer or septic
system regulations.
(4) The plan shall address the proper application rates and methods
for the use of fertilizers and pesticides at the construction site and
set forth how these procedures will be implemented and enforced.
d. Approved State or Local Plans.
(1) Facilities which discharge storm water associated with
industrial activity from construction activities must include in their
storm water pollution prevention plan procedures and requirements
specified in applicable sediment and erosion site plans or site
permits, or storm water management site plans or site permits approved
by State or local officials. Permittees shall provide a certification
in their storm water pollution prevention plan that their storm water
pollution prevention plan reflects requirements applicable to
protecting surface water resources in sediment and erosion site plans
or site permits, or storm water management site plans or site permits
approved by State or local officials. Permittees shall comply with any
such requirements during the term of the permit. This provision does
not apply to provisions of master plans, comprehensive plans, non-
enforceable guidelines or technical guidance documents that are not
identified in a specific plan or permit that is issued for the
construction site.
(2) Storm water pollution prevention plans must be amended to
reflect any change applicable to protecting surface water resources in
sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by State or local
officials for which the permittee receives written notice. Where the
permittee receives such written notice of a change, the permittee shall
provide a recertification in the storm water pollution plan that the
storm water pollution prevention plan has been modified to address such
changes.
(3) Dischargers seeking alternative permit requirements shall
submit an individual permit application in accordance with Part VII.L
of the permit at the address indicated in Part V.C of this permit for
the appropriate Regional Office, along with a description of why
requirements in approved State or local plans or permits, or changes to
such plans or permits should not be applicable as a condition of an
NPDES permit.
3. Maintenance. A description of procedures to ensure the timely
maintenance of vegetation, erosion and sediment control measures and
other protective measures identified in the site plan in good and
effective operating conditions.
4. Inspections. Qualified personnel (provided by the discharger)
shall inspect all points of discharge into waters of the United States
or to a municipal separate storm sewer system and all disturbed areas
of the construction site that have not been finally stabilized, areas
used for storage of materials that are exposed to precipitation,
structural control measures, and locations where vehicles enter or exit
the site at least once every seven calendar days and within 24 hours of
the end of a storm that is 0.25 inches or greater. Where sites have
been finally stabilized, or during seasonal arid periods in arid areas
(areas with an average annual rainfall of 0-10 inches) and semi-arid
areas (areas with an average annual rainfall of 10-20 inches) such
inspection shall be conducted at least once every month.
a. Disturbed areas and areas used for storage of materials that are
exposed to precipitation shall be inspected for evidence of, or the
potential for, pollutants entering the storm water system. The storm
water management system and erosion and sediment control measures
identified in the plan shall be observed to ensure that they are
operating correctly. Where discharge locations or points are
accessible, they shall be inspected to ascertain whether erosion
control measures are effective in meeting the performance standards set
forth in State Water Policy (chapter 62-40, FAC) and the applicable
storm water permitting regulations of the FDEP or appropriate FWMD.
Locations where vehicles enter or exit the site shall be inspected for
evidence of offsite sediment tracking.
b. Based on the results of the inspection, the site description
identified in the plan in accordance with paragraph V.D.1 of this
permit and pollution prevention measures identified in the plan in
accordance with paragraph V.D.2 of this permit shall be revised as
appropriate, but in no case later than 7 calendar days following the
inspection. Such modifications shall provide for timely implementation
of any changes to the plan within 7 calendar days following the
inspection.
c. A report summarizing the scope of the inspection, name(s) and
qualifications of personnel making the inspection, the date(s) of the
inspection, major observations relating to the implementation of the
storm water pollution prevention plan, and actions taken in accordance
with paragraph V.D.4.b of the permit shall be made and retained as part
of the storm water pollution prevention plan for at least three years
from the date that the site is finally stabilized. Such reports shall
identify any incidents of non-compliance. Where a report does not
identify any incidents of non-compliance, the report shall contain a
certification that the facility is in compliance with the storm water
pollution prevention plan and this permit. The report shall be signed
in accordance with Part VII.G of this permit.
5. Non-Storm Water Discharges--Except for flows from fire fighting
activities, sources of non-storm water listed in Part III.A.2 of this
permit that are combined with storm water discharges associated with
industrial
[[Page 18612]]
activity must be identified in the plan. The plan shall identify and
ensure the implementation of appropriate pollution prevention measures
for the non-storm water component(s) of the discharge.
E. Contractors
1. The storm water pollution prevention plan must clearly identify
for each measure identified in the plan, the contractor(s) and/or
subcontractor(s) that will implement the measure. All contractors and
subcontractors identified in the plan must sign a copy of the
certification statement in Part V.E.2 of this permit in accordance with
Part VII.G of this permit. All certifications must be included in the
storm water pollution prevention plan.
2. Certification Statement. All contractors and subcontractors
identified in a storm water pollution prevention plan in accordance
with Part V.E.1 of this permit shall sign a copy of the following
certification statement before conducting any professional service
identified in the storm water pollution prevention plan:
``I certify under penalty of law that I understand the terms and
conditions of the general National Pollutant Discharge Elimination
System (NPDES) permit that authorizes the storm water discharges
associated with industrial activity from the construction site
identified as part of this certification.''
The certification must include the name and title of the person
providing the signature in accordance with Part VII.G of this permit;
the name, address and telephone number of the contracting firm; the
address (or other identifying description) of the site; and the date
the certification is made.
Part VI. Retention of Records
A. The permittee shall retain copies of storm water pollution
prevention plans and all reports required by this permit, and records
of all data used to complete the Notice of Intent to be covered by this
permit, for a period of at least three years from the date that the
site is finally stabilized. This period may be extended by request of
the Director at any time.
B. The permittee shall retain a copy of the storm water pollution
prevention plan required by this permit at the construction site from
the date of project initiation to the date of final stabilization.
C. Addresses. Except for the submittal of NOIs (see Part II.C of
this permit), all written correspondence directed to the U.S.
Environmental Protection Agency concerning discharges in any State,
Indian land or from any Federal Facility covered under this permit,
including the submittal of individual permit applications, shall be
sent to the address listed below: U.S. EPA, Region 4, Water Management
Division, Storm Water Staff, Atlanta Federal Center, 61 Forsyth St.,
SW, Atlanta, GA 30303.
Part VII. Standard Permit Conditions
A. Duty to Comply
1. The permittee must comply with all conditions of this permit.
Any permit noncompliance constitutes a violation of the CWA and is
grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal
application.
2. Penalties for Violations of Permit Conditions.
a. Criminal. (1) Negligent Violations. The CWA provides that any
person who negligently violates permit conditions implementing Sections
301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of
not less than $2,500 nor more than $25,000 per day of violation, or by
imprisonment for not more than 1 year, or both.
(2) Knowing Violations. The CWA provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less
than $5,000 nor more than $50,000 per day of violation, or by
imprisonment for not more than 3 year, or both.
(3) Knowing Endangerment. The CWA provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act and who knows at that time that
he is placing another person in imminent danger of death or serious
bodily injury is subject to a fine of not more than $250,000, or by
imprisonment for not more than 15 year, or both.
(4) False Statement. The CWA provides that any person who knowingly
makes any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or
required to be maintained under the Act or who knowingly falsifies,
tampers with, or renders inaccurate, any monitoring device or method
required to be maintained under the Act, shall upon conviction, be
punished by a fine of not more than $10,000 or by imprisonment for not
more than 2 years, or by both. If a conviction is for a violation
committed after a first conviction of such person under this paragraph,
punishment shall be by a fine of not more than $20,000 per day of
violation, or by imprisonment of not more than 4 years, or by both.
(See Section 309.c.4 of the Clean Water Act).
b. Civil Penalties--The CWA provides that any person who violates a
permit condition implementing Sections 301, 302, 306, 307, 308, 318, or
405 of the Act is subject to a civil penalty not to exceed $25,000 per
day for each violation.
c. Administrative Penalties--The CWA provides that any person who
violates a permit condition implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to an administrative penalty, as
follows:
(1) Class I penalty. Not to exceed $10,000 per violation nor shall
the maximum amount exceed $25,000.
(2) Class II penalty. Not to exceed $10,000 per day for each day
during which the violation continues nor shall the maximum amount
exceed $125,000.
B. Continuation of the Expired General Permit
This permit expires at midnight on October 1, 2002. However, an
expired general permit continues in force and effect until a new
general permit or an individual permit is issued. Permittees must
submit a new NOI in accordance with the requirements of Part II of this
permit, using an NOI form provided by the Director (or photocopy
thereof) between August 1, 2002 and October 1, 2002 to remain covered
under the continued permit after October 1, 2002. Facilities that have
not obtain coverage under the permit by October 1, 2002 cannot become
authorized to discharge under the continued permit.
C. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.
D. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
E. Duty to Provide Information
The permittee shall furnish within a reasonable time to the
Director; an authorized representative of the Director; a State or
local agency approving sediment and erosion plans, grading plans, or
storm water management plans; or in the case of a storm water discharge
associated with
[[Page 18613]]
industrial activity which discharges through a municipal separate storm
sewer system with an NPDES permit, to the municipal operator of the
system, any information which is requested to determine compliance with
this permit or other information.
F. Other Information
When the permittee becomes aware that he or she failed to submit
any relevant facts or submitted incorrect information in the Notice of
Intent or in any other report to the Director, he or she shall promptly
submit such facts or information.
G. Signatory Requirements
All Notices of Intent, storm water pollution prevention plans,
reports, certifications or information either submitted to the Director
or the operator of a large or medium municipal separate storm sewer
system, or that this permit requires be maintained by the permittee,
shall be signed as follows:
1. All Notices of Intent shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means: (1) A
president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function, or any other person who
performs similar policy or decision-making functions for the
corporation; or (2) the manager of one or more manufacturing,
production or operating facilities employing more than 250 persons or
having gross annual sales or expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures;
b. For a partnership or sole proprietorship: by a general partner
or the proprietor, respectively; or
c. For a municipality, State, Federal, or other public agency: by
either a principal executive officer or ranking elected official. For
purposes of this section, a principal executive officer of a Federal
agency includes (1) the chief executive officer of the agency, or (2) a
senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., Regional
Administrators of EPA).
2. All reports required by the permit and other information
requested by the Director or authorized representative of the Director
shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person described above
and submitted to the Director.
b. The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of manager, operator,
superintendent, or position of equivalent responsibility or an
individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named
position).
c. Changes to authorization. If an authorization under paragraph
II.B.3. is no longer accurate because a different operator has
responsibility for the overall operation of the construction site, a
new notice of intent satisfying the requirements of paragraph II.B.
must be submitted to the Director prior to or together with any
reports, information, or applications to be signed by an authorized
representative.
d. Certification. Any person signing documents under paragraph VI.G
shall make the following certification:
``I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.''
H. Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water Act provides that any person
who knowingly makes any false material statement, representation, or
certification in any record or other document submitted or required to
be maintained under this permit, including reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2 years, or by both.
I. Penalties for Falsification of Monitoring Systems
The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or both. If a conviction of a person is for a
violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under section 311 of the CWA or section 106 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA).
K. Property Rights
The issuance of this permit does not convey any property rights of
any sort, nor any exclusive privileges, nor does it authorize any
injury to private property nor any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
L. Severability
The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit shall not be
affected thereby.
M. Transfers
Coverage under this permit is not transferable to any person except
after notice to the Director. The Director may require termination of
permit coverage by the current permittee in accordance with Part IX of
this permit; and the subsequent submission of a Notice of Intent to
receive coverage under the permit by the new applicant in accordance
with Part II of this permit.
N. Requiring an Individual Permit or an Alternative General Permit
1. The Director may require any person authorized by this permit to
apply for and/or obtain either an individual NPDES permit or an
alternative NPDES general permit. Any interested person may petition
the Director to take action under this paragraph. Where the Director
requires a discharger authorized to discharge under this permit to
apply for an individual NPDES permit, the Director shall notify the
discharger in writing that a permit application is required. This
notification shall include a brief statement of the reasons for this
decision, an application form, a
[[Page 18614]]
statement setting a deadline for the discharger to file the
application, and a statement that on the effective date of issuance or
denial of the individual NPDES permit or the alternative general permit
as it applies to the individual permittee, coverage under this general
permit shall automatically terminate. Applications shall be submitted
to the appropriate Regional Office indicated in Part V.C of this
permit. The Director may grant additional time to submit the
application upon request of the applicant. If a discharger fails to
submit in a timely manner an individual NPDES permit application as
required by the Director under this paragraph, then the applicability
of this permit to the individual NPDES permittee is automatically
terminated at the end of the day specified by the Director for
application submittal.
2. Any discharger authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual
permit. In such cases, the permittee shall submit an individual
application in accordance with the requirements of 40 CFR
122.26(c)(1)(ii), with reasons supporting the request, to the Director
at the address for the appropriate Regional Office indicated in Part
V.C of this permit. The request may be granted by issuance of any
individual permit or an alternative general permit if the reasons cited
by the permittee are adequate to support the request.
3. When an individual NPDES permit is issued to a discharger
otherwise subject to this permit, or the discharger is authorized to
discharge under an alternative NPDES general permit, the applicability
of this permit to the individual NPDES permittee is automatically
terminated on the effective date of the individual permit or the date
of authorization of coverage under the alternative general permit,
whichever the case may be. When an individual NPDES permit is denied to
an owner or operator otherwise subject to this permit, or the owner or
operator is denied for coverage under an alternative NPDES general
permit, the applicability of this permit to the individual NPDES
permittee is automatically terminated on the date of such denial,
unless otherwise specified by the Director.
O. State/Environmental Laws
1. Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State law or regulation under authority preserved by section
510 of the Act.
2. No condition of this permit shall release the permittee from any
responsibility or requirements under other environmental statutes or
regulations.
P. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit and with the requirements
of storm water pollution prevention plans. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. Proper operation and maintenance requires
the operation of backup or auxiliary facilities or similar systems,
installed by a permittee only when necessary to achieve compliance with
the conditions of the permit.
Q. Inspection and Entry
The permittee shall allow the Director or an authorized
representative of EPA, the State, or, in the case of a construction
site which discharges through a municipal separate storm sewer, an
authorized representative of the municipal operator or the separate
storm sewer receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted or where records must be kept under
the conditions of this permit;
2. Have access to and copy at reasonable times, any records that
must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities or equipment
(including monitoring and control equipment); and
4. Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the CWA, any
substances or parameter at any location on the site.
R. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not
stay any permit condition.
S. Planned Changes
The permittee shall amend the pollution prevention plan as soon as
possible identifying any planned physical alterations or additions to
the permitted facility.
T. Twenty-Four Hour Reporting
(1) The permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally
within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within 5
days of the time the permittee becomes aware of the circumstances. A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause: the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance.
U. Bypass
(1) Definitions.
(i) Bypass means the intentional diversion of waste streams from
any portion of a treatment facility.
(ii) Severe property damage means substantial physical damage to
property which causes them to become inoperable or substantial and
permanent loss of natural resources which can reasonably be expected to
occur in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
(2) Bypass not exceeding limitations. The permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of paragraphs S(3) and S(4).
(3) Notice.
(i) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass.
(ii) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in paragraph R. of this section (24-
hour notice).
(4) Prohibition of bypass.
(i) Bypass is prohibited, and the Director may take enforcement
action against a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
[[Page 18615]]
(B) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgement to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) the permittee submitted notices as required under paragraph
S(3) of this section.
(ii) The Director may approve an anticipated bypass after
considering its adverse effects, if the Director determines that it
will meet the three conditions listed above in paragraph S(4)(i) of
this section.
Part VIII. Reopener Clause
A. If there is evidence indicating potential or realized impacts on
water quality due to any storm water discharge associated with
industrial activity covered by this permit, the discharger may be
required to obtain individual permit or an alternative general permit
in accordance with Part I.C of this permit or the permit may be
modified to include different limitations and/or requirements.
B. Permit modification or revocation will be conducted according to
40 CFR 122.62, 122.63, 122.64 and 124.5.
C. This permit may be modified, or alternatively, revoked and
reissued, to comply with any applicable provisions of the Phase II
storm water regulations once they are issued.
Part IX. Termination of Coverage
A. Notice of Termination
Where a site has been finally stabilized and all storm water
discharges from construction sites that are authorized by this permit
are eliminated (see Part IX.A.5. for the definition of eliminated), or
where the operator of all storm water discharges at a facility changes,
the operator of the facility may submit a Notice of Termination that is
signed in accordance with Part VII.G of this permit. The Notice of
Termination shall include the following information:
1. The mailing address, and location of the construction site for
which the notification is submitted. Where a mailing address for the
site is not available, the location can be described in terms of the
latitude and longitude of the approximate center of the facility to the
nearest 15 seconds, or the section, township and range to the nearest
quarter section;
2. The name, address, and telephone number of the operator seeking
termination of permit coverage;
3. The NPDES permit number for the storm water discharge identified
by this Notice of Termination;
4. An identification of whether the storm water discharges
associated with industrial activity have been eliminated or the
operator of the discharges has changed; and
5. The following certification signed in accordance with Part VII.G
(signatory requirements) of this permit:
``I certify under penalty of law that all storm water discharges
associated with industrial activity from the identified facility
that are authorized by a NPDES general permit have otherwise been
eliminated or that I am no longer the operator of the facility or
construction site. I understand that by submitting this notice of
termination, that I am no longer authorized to discharge storm water
associated with industrial activity by the general permit, and that
discharging pollutants in storm water associated with industrial
activity to waters of the United States is unlawful under the Clean
Water Act where the discharge is not authorized by a NPDES permit. I
also understand that the submittal of this notice of termination
does not release an operator from liability for any violations of
this permit or the Clean Water Act.''
For the purposes of this certification, elimination of storm water
discharges associated with industrial activity means that all disturbed
soils at the identified facility have been finally stabilized and
temporary erosion and sediment control measures have been removed or
will be removed at an appropriate time, or that all storm water
discharges associated with construction activities from the identified
site that are authorized by a NPDES general permit have otherwise been
eliminated.
B. All Notices of Termination are to be sent, using the form
provided by the Director (or a photocopy thereof) 3, to the
following address: Storm Water Notice of Termination, Surface Water
Permits & Facilities Branch, 100 Alabama St., SW, Atlanta, GA 30303.
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\3\ A copy of the approved NOT form is provided in Appendix A of
this notice.
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C. Additional Notification
A copy of the Notice of Termination shall be sent to the State
agency which issued the State storm water permit for the site and, if
the storm water management system discharges to a municipal separate
storm sewer system within Broward, Dade, Duval, Escambia, Hillsborough,
Lee, Leon, Manatee, Orange, Palm Beach, Pasco, Pinellas, Polk, Sarasota
or Seminole Counties, to the owner of that system. Included within
these counties, the Florida Department of Transportation (FDOT),
incorporated municipalities, and chapter 298 Special Districts also
shall be notified where they own or operate a municipal separate storm
sewer system receiving storm water discharges associated with
construction activity covered by this permit.
Part X. Definitions
Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United
States. BMPs also include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
Commencement of Construction--The initial disturbance of soils
associated with clearing, grading, or excavating activities or other
construction activities.
CWA means Clean Water Act or the Federal Water Pollution Control
Act
Dedicated portable asphalt plant--A portable asphalt plant that is
located on or contiguous to a construction site and that provides
asphalt only to the construction site that the plant is located on or
adjacent to. The term dedicated portable asphalt plant does not include
facilities that are subject to the asphalt emulsion effluent limitation
guideline at 40 CFR 443.
Dedicated portable concrete plant--A portable concrete plant that
is located on or contiguous to a construction site and that provides
concrete only to the construction site that the plant is located on or
adjacent to.
Director means the Regional Administrator of the Environmental
Protection Agency or an authorized representative.
Final Stabilization means that all soil disturbing activities at
the site have been completed, and that a uniform perennial vegetative
cover with a density of 70% of the cover for unpaved areas and areas
not covered by permanent structures has been established or equivalent
permanent stabilization measures (such as the use of riprap, gabions,
or geotextiles) have been employed.
Flow-weighted composite sample means a composite sample consisting
of a mixture of aliquots collected at a constant time interval, where
the volume of each aliquot is proportional to the flow rate of the
discharge.
Large and Medium municipal separate storm sewer system means all
[[Page 18616]]
municipal separate storm sewers that are either: (i) located in an
incorporated place (city) with a population of 100,000 or more as
determined by the latest Decennial Census by the Bureau of Census
(these cities are listed in Appendices F and G of 40 CFR Part 122); or
(ii) located in the counties with unincorporated urbanized populations
of 100,000 or more, except municipal separate storm sewers that are
located in the incorporated places, townships or towns within such
counties (these counties are listed in Appendices H and I of 40 CFR
Part 122); or (iii) owned or operated by a municipality other than
those described in paragraph (i) or (ii) and that are designated by the
Director as part of the large or medium municipal separate storm sewer
system.
NOI means notice of intent to be covered by this permit (see Part
II of this permit.)
NOT means notice of termination (see Part IX of this permit).
Point Source means any discernible, confined, and discrete
conveyance, including but not limited to, any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may
be discharges. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
Runoff coefficient means the fraction of total rainfall that will
appear at the conveyance as runoff.
Storm Water means storm water runoff, snow melt runoff, and surface
runoff and drainage.
Storm Water Associated with Industrial Activity means the discharge
from any conveyance which is used for collecting and conveying storm
water and which is directly related to manufacturing, processing or raw
materials storage areas at an industrial plant. The term does not
include discharges from facilities or activities excluded from the
NPDES program. For the categories of industries identified in
paragraphs (i) through (x) of this definition, the term includes, but
is not limited to, storm water discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by carriers of
raw materials, manufactured products, waste material, or by-products
used or created by the facility; material handling sites; refuse sites;
sites used for the application or disposal of process waste waters (as
defined at 40 CFR 401); sites used for the storage and maintenance of
material handling equipment; sites used for residual treatment,
storage, or disposal; shipping and receiving areas; manufacturing
buildings; storage areas (including tank farms) for raw materials, and
intermediate and finished products; and areas where industrial activity
has taken place in the past and significant materials remain and are
exposed to storm water. For the categories of industries identified in
paragraph (xi) of this definition, the term includes only storm water
discharges from all areas (except access roads and rail lines) listed
in the previous sentence where material handling equipment or
activities, raw materials, intermediate products, final products, waste
materials, by-products, or industrial machinery are exposed to storm
water. For the purposes of this paragraph, material handling activities
include the: storage, loading and unloading, transportation, or
conveyance of any raw material, intermediate product, finished product,
by-product or waste product. The term excludes areas located on plant
lands separate from the plant's industrial activities, such as office
buildings and accompanying parking lots as long as the drainage from
the excluded areas is not mixed with storm water drained from the above
described areas. Industrial facilities (including industrial facilities
that are Federally or municipally owned or operated that meet the
description of the facilities listed in this paragraph (i)-(xi) of this
definition) include those facilities designated under 122.26(a)(1)(v).
The following categories of facilities are considered to be engaging in
``industrial activity'' for purposes of this subsection:
(i) Facilities subject to storm water effluent limitations
guidelines, new source performance standards, or toxic pollutant
effluent standards under 40 CFR Subchapter N (except facilities with
toxic pollutant effluent standards which are exempted under category
(xi) of this definition);
(ii) Facilities classified as Standard Industrial Classifications
24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32
(except 323), 33, 3441, 373;
(iii) Facilities classified as Standard Industrial Classifications
10 through 14 (mineral industry) including active or inactive mining
operations (except for areas of coal mining operations no longer
meeting the definition of a reclamation area under 40 CFR 434.11(l)
because the performance bond issued to the facility by the appropriate
SMCRA authority has been released, or except for areas of non-coal
mining operations which have been released from applicable State or
Federal reclamation requirements after December 17, 1990) and oil and
gas exploration, production, processing, or treatment operations, or
transmission facilities that discharge storm water contaminated by
contact with or that has come into contact with, any overburden, raw
material, intermediate products, finished products, byproducts or waste
products located on the site of such operations; inactive mining
operations are mining sites that are not being actively mined, but
which have an identifiable owner/operator;
(iv) Hazardous waste treatment, storage, or disposal facilities,
including those that are operating under interim status or a permit
under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that have
received any industrial wastes (waste that is received from any of the
facilities described under this subsection) including those that are
subject to regulation under Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materials, including
metal scrapyards, battery reclaimers, salvage yards, and automobile
junkyards, including but limited to those classified as Standard
Industrial Classification 5015 and 5093;
(vii) Steam electric power generating facilities, including coal
handling sites;
(viii) Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which
have vehicle maintenance shops, equipment cleaning operations, or
airport deicing operations. Only those portions of the facility that
are either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and
lubrication), equipment cleaning operations, airport deicing
operations, or which are otherwise identified under paragraphs (i)-
(vii) or (ix)-(xi) of this subsection are associated with industrial
activity;
(ix) Treatment works treating domestic sewage or any other sewage
sludge or wastewater treatment device or system, used in the storage
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that are
located within the confines of the facility, with a design flow of 1.0
mgd or more, or required to have an approved pretreatment program under
40 CFR 403. Not included are farm lands, domestic gardens or lands used
for sludge management where sludge is beneficially reused and which are
not physically located in the confines of the facility, or areas that
are in compliance with 40 CFR 503;
[[Page 18617]]
(x) Construction activity including clearing, grading and
excavation activities except: operations that result in the disturbance
of less than five acres of total land area which are not part of a
larger common plan of development or sale;
(xi) Facilities under Standard Industrial Classifications 20, 21,
22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are
not otherwise included within categories (i)-(x)).4
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\4\ On June 4, 1992, the United States Court of Appeals for the
Ninth Circuit remanded the exclusion for manufacturing facilities in
category (xi) which do not have materials or activities exposed to
storm water to the EPA for further rulemaking. (Nos. 90-70671 and
91-70200).
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Waters of the United States means:
(a) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
(b) All interstate waters, including interstate ``wetlands'';
(c) All other waters such as interstate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by
industries in interstate commerce;
(d) All impoundments of waters otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in paragraphs (a) through (d)
of this definition;
(f) The territorial sea; and
(g) Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a) through (f) of this
definition.
Waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of CWA are not waters of the United
States.
Robert F. McGhee,
Director, Water Management Division.
Draft NPDES Permits for Storm Water Discharges from Construction
Activities that are Classified as ``Associated with Industrial
Activity''; Fact Sheet
DATES: These general permits shall be effective on April 16, 1997.
Deadlines for submittal of Notices of Intent to be authorized to
discharge under these permits are as follows:
(1) On or before October 1, 1992, for storm water discharges
associated with industrial activity from construction sites where
disturbances associated with a construction project occur on or before
October 1, 1992, and final stabilization is completed after October 1,
1992;
(2) For storm water discharges associated with industrial activity
from construction sites where disturbances associated with a
construction project do not occur until after October 1, 1992, at least
2 days prior to the commencement of construction; and
(3) For storm water discharges associated with industrial activity
from construction sites where the original permittee at the site
changes or an additional operator submits an NOI for coverage as a
copermittee, a new NOI shall be submitted at least 2 days prior to when
the new operator commences work at the site.
The final general permits provide additional dates for compliance
with the terms of the permit.
Table of Contents
I. Introduction
II. Coverage of General permits
III. Summary of Options for Controlling Pollutants
IV. Summary of Permit Conditions
V. Cost Estimates
VI. Economic Impact (Executive Order 12291)
VII. Paperwork Reduction Act
VIII. Section 401 Certification
IX. Regulatory Flexibility Act
I. Introduction
In 1972, the Federal Water Pollution Control Act (also referred to
as the Clean Water Act (CWA)) was amended to provide that the discharge
of any pollutants to waters of the Untied States from any point source
is unlawful, except if the discharge is in compliance with a National
Pollutant Discharge Elimination System (NDPES) permit. In 1987,
Sec. 402(p) was added to the CWA to establish a comprehensive framework
for addressing storm water discharges under the NPDES program. Section
402(p)(4) of the CWA clarifies the requirements for EPA to issue NPDES
permits for storm water discharges associated with industrial activity.
On November 16, 1990 (55 FR 47990), EPA published final regulations
which define the term ``storm water discharge associated with
industrial activity''.
In 1992, EPA issued a general permit for discharges of storm water
from construction activities ``associated with industrial activity'' to
reduce the administrative burden of issuing an individual NDPES permit
to each construction activity.
II. Coverage of General Permits
Section 402(p) of the Clean Water Act (CWA) clarifies that storm
water discharges associated with industrial activity to waters of the
United States must be authorized by an NPDES permit. On November 16,
1990, EPA published regulations under the NPDES program which defined
the term ``storm water discharge associated with industrial activity''
to include storm water discharges from construction activities
(including clearing, grading, and excavation activities) that result in
the disturbance of five or more acres of total land area, including
areas that are part of a larger common plan of development or sale (40
CFR 122.26(b)(14)(x)).5 The term ``storm water discharge from
construction activities'' will be used in this document to refer to
storm water discharges from construction sites that meet the definition
of a storm water discharge associated with industrial activity.
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\5\ On June 4, 1992, the United States Court of Appeals for the
Ninth Circuit remanded the exemption for construction sites of less
than five acres to the EPA for further rulemaking (Natural Resources
Defense Council v. EPA, Nos. 90-70671 and 91-70200, slip op. at 6217
(9th Cir. June 4, 1992).
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This draft general permit may authorize storm water discharges from
existing construction sites (facilities where construction activities
began before October 1, 1997, and final stabilization is to occur after
October 1, 1997) and new construction sites. New construction sites are
those facilities where disturbances associated construction activities
commence after October 1, 1997. To obtain authorization under today's
permits, a discharger must submit a complete NOI and comply with the
terms of the permit. The terms of the permit, including the
requirements for submitting an NOI, are discussed in more detail below.
The following discharges are not authorized by these final general
permits:
Storm water discharges associated with industrial activity
that originate
[[Page 18618]]
from the site after construction activities have been completed and the
site has undergone final stabilization;
Non-storm water discharges (except certain non-storm water
discharges specifically listed in today's general permits). However,
today's permits can authorize storm water discharges from construction
activities where such discharges are mixed with non-storm water
discharges that are authorized by a different NPDES permit;
Storm water discharges from construction sites that are
covered by an existing NPDES individual or general permit. However,
storm water discharges associated with industrial activity from a
construction site that are authorized by an existing permit may be
authorized by today's general permit after the existing permit expires,
provided the expired permit did not establish numeric limitations for
such discharges;
Storm water discharges from construction sites that the
Director has determined to be or may reasonably be expected to be
contributing to a violation of a water quality standard; and
Storm water discharges from construction sites if the
discharges are likely to adversely affect a listed endangered or
threatened species or a species that is proposed to be listed as
endangered or threatened or its critical habitat.
III. Summary of Options for Controlling Pollutants
Most controls for construction activities can be categorized into
two groups: 1) sediment and erosion controls; and 2) storm water
management measures. Sediment and erosion controls generally address
pollutants in storm water generated from the site during the time when
construction activities are occurring. Storm water management measures
generally are installed during and before competition of the
construction process, but primarily result in reductions of pollutants
in storm water discharged from the site after the construction has been
completed. Additional measures include housekeeping best management
practices.
A. Sediment and Erosion Controls.
Erosion controls provide the first line of defense in preventing
offsite sediment movement and are designed to prevent erosion through
protection and preservation of soils. Sediment controls are designed to
remove sediment from runoff before the runoff is discharged from the
site. Sediment and erosion controls can be further divided into two
major classes of controls: stabilization practices and structural
practices. Major types of sediment and erosion practices are summarized
below. A more complete description of these practices is given in
``Storm Water Management for Construction Activities: Developing
Pollution Prevention Plans and Best Management Practices'', U.S. EPA,
1992.
1. Sediment and Erosion Controls: Stabilization Practices.
Stabilization, as discussed here, refers to covering or maintaining an
existing cover over soils. The cover may be vegetation, such as grass,
trees, vines, or shrubs. Stabilization measures can also include
nonvegetative controls such as geotextiles, riprap, or gabions (wire
mesh boxes filed with rock). Mulches, such as straw or bark, are most
effective when used in conjunction with establishing vegetation, but
can be used without vegetation. Stabilization of exposed and denuded
soils is one of the most important factors in minimizing erosion while
construction activities occur. A vegetation cover reduces the erosion
potential of a site by absorbing the kinetic energy of raindrops that
would otherwise disturb unprotected soil; intercepting water so that it
infiltrates into the ground instead of running off the surface; and
slowing the velocity of runoff, thereby promoting deposition of
sediment in the runoff. Stabilization measures are often the most
important measures taken to prevent offsite sediment movement and can
provide large reductions suspended sediment levels in discharges and
receiving waters.\6\ Examples of stabilization measures are summarized
below.
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\6\ ``Performance of Current Sediment Control Measures at
Maryland Construction Sites'', January 1990, Metropolitan Washington
Council of Governments.
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a. Temporary Seeding. Temporary seeding provides for temporary
stabilization by establishing vegetation at areas of the site where
activities will temporarily cease until later in the construction
project. Without temporary stabilization, soils at these areas are
exposed to precipitation for an extended time period, even though work
is not occurring on these areas. Temporary seeding practices have been
found to be up to 95 percent effective in reducing erosion.\7\
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\7\ ``Guides for Erosion and Sediment Control in California,''
USDA, Soil Conservation Service, Davis CA, Revised 1985.
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b. Permanent Seeding. Permanent seeding involves establishing a
sustainable ground cover at a site. Permanent seeding stabilizes the
soil to reduce sediment in runoff from the site by controlling erosion
and is typically required at most sites for aesthetic reasons.
c. Mulching. Mulching is typically conducted as part of permanent
and temporary seeding practices. Where temporary and permanent seeding
is not feasible, exposed soils can be stabilized by applying plant
residues or other suitable materials to the soil surface. Although
generally not as effective as seeding practices, mulching by itself,
does provide some erosion control. Mulching in conjunction with seeding
provides erosion protection prior to the onset of vegetation growth. In
addition, mulching protects seeding activities, providing a higher
likelihood of successful establishment of vegetation. To maintain
optimum effectiveness, mulches must be anchored to resist wind
displacement.
d. Sod Stabilization. Sod stabilization involves establishing long-
term stands of grass with sod on exposed surfaces. When installed and
maintained properly, sodding can be more than 99 percent effective in
reducing erosion \8\, making it the most effective vegetation practice
available. The cost of sod stabilization (relative to other vegetative
controls) typically limits its use to exposed soils where a quick
vegetative cover is desired and sites which can be maintained with
ground equipment. In addition, sod is sensitive to climate and may
require intensive watering and fertilization.
---------------------------------------------------------------------------
\8\ ``Guides for Erosion and Sediment Control in California'',
USDA--Soil Conservation Service, Davis CA, Revised 1985.
---------------------------------------------------------------------------
e. Vegetative Buffer Strips. Vegetative buffer strips are preserved
or planted strips of vegetation at the top and bottom of a slope,
outlining property boundaries, or adjacent to receiving waters such as
streams or wetlands. Vegetative buffer strips can slow runoff flows at
critical areas, decreasing erosion and allowing sediment deposition.
f. Protection of Trees. This practice involves preserving and
protecting selected trees that exist on the site prior to development.
Mature trees provide extensive canopy and root systems which help to
hold soil in place. Shade trees also keep soil from drying rapidly and
becoming susceptible to erosion. Measures taken to protect trees can
vary significantly, from simple measures such as installing tree
fencing around the drip line and installing tree armoring, to more
complex measures such as building retaining walls and tree wells.
2. Sediment and Erosion Controls: Structural Practices. Structural
practices involve the installation of devices to
[[Page 18619]]
divert flow, store flow, or limit runoff. Structural practices have
several objectives. First, structural practices can be designed to
prevent water from crossing disturbed areas where sediment may be
removed. This involves diverting runoff from undisturbed upslope areas
through use of earth dikes, temporary swales, perimeter dike/swales, or
diversions to stable areas. A second objective of structural practices
can be to remove sediment from site runoff before the runoff leaves the
site. Approaches to removing sediment from site runoff include
diverting flows to a trapping or storage device or filtering diffuse
flow through silt fences before it leaves the site. All structural
practices require proper maintenance (removal of sediment) to remain
functional.
a. Earth Dike. Earth dikes are temporary berms or ridges of
compacted soil that channel water to a desired location. Earth dikes
should be stabilized with vegetation.
b. Silt Fence. Silt fences are a barrier of geotextile fabric
(filter cloth) used to intercept sediment in diffuse runoff. They must
be carefully maintained to ensure structural stability and to remove
excess sediment.
c. Drainage Swales. A drainage swale is a drainage channel lined
with grass, riprap, asphalt, concrete, or other materials. Drainage
swales are installed to convey runoff without causing erosion.
d. Sediment Traps. Sediment traps can be installed in a drainage
way, at a storm drain inlet, or other points of discharge from a
disturbed area.
e. Check Dams. Check dams are small temporary dams constructed
across a swale or drainage ditch to reduce the velocity of runoff
flows, thereby reducing erosion of the swale or ditch. Check dams
should not be used in a live stream. Check dams reduce the need for
more stringent erosion control practices in the swale due to the
decreased velocity and energy of runoff.
f. Level Spreader. Level spreaders are outlets for dikes and
diversions consisting of an excavated depression constructed at zero
grade across a slope. Level spreaders convert concentrated runoff into
diffuse runoff and release it onto areas stabilized by existing
vegetation.
g. Subsurface Drain. Subsurface drains transport water to an area
where the water can be managed effectively. Drains can be made of tile,
pipe, or tubing.
h. Pipe Slope Drain. A pipe slope drain is a temporary structure
placed from the top of a slope to the bottom of a slope to convey
surface runoff down slopes without causing erosion.
i. Temporary Storm Drain Diversion. Temporary storm drain
diversions are used to re-direct flow in a storm drain to discharge
into a sediment trapping device.
j. Storm Drain Inlet Protection. Storm drain inlet protection can
be provided by a sediment filter or an excavated impounding area around
a storm drain inlet. These devices prevent sediment from entering storm
drainage systems prior to permanent stabilization of the disturbed
area.
k. Rock Outlet Protection. Rock protection placed at the outlet end
of culverts or channels can reduce the depth, velocity, and energy of
water so that the flow will not erode the receiving downstream reach.
l. Other Controls. Other controls include temporary sediment
basins, sump pits, entrance stabilization measures, waterway crossings,
and wind breaks.
B. Storm Water Management Measures.
Storm water management measures are installed during and prior to
completion of the construction process, but primarily result in
reductions of pollutants in storm water discharged from the site after
the construction has been completed. Construction activities often
result in significant changes in land use. Such changes typically
involve an increase in the overall imperviousness of the site, which
can result in dramatic changes to the runoff patterns of a site. As the
amount within a drainage area increases, the amount of pollutants
carried by the runoff increases. In addition, activities such as
automobile travel on roads can result in higher pollutant
concentrations in runoff compared to preconstruction levels.
Traditional storm water management controls attempt to limit the
increases in the amount of runoff and the amount of pollutants
discharged from a site associated with the change in land use.
Major classes of storm water management measures include
infiltration of runoff onsite; flow attenuation by vegetation or
natural depressions; outfall velocity dissipation devices; storm water
retention structures and artificial wetlands; and storm water detention
structures. For many sites, a combination of these controls may be
appropriate. A summary of storm water management controls is provided
below. A more complete description of storm water management controls
is found in ``Storm Water Management for Construction Activities:
Developing Pollution Prevention Plans and Best Management Practices'',
U.S. EPA, 1992, and ``A Current Assessment of Urban Best Management
Practices'' Metropolitan Washington Council of Governments, March 1992.
1. Onsite Infiltration. A variety of infiltration technologies,
including infiltration trenches and infiltration basins, can reduce the
volume and pollutant loadings of storm water discharges from a site.
Infiltration devices tend to mitigate changes to predevelopment
hydrologic conditions. Properly designed and installed infiltration
devices can reduce peak discharges, provide ground water recharge,
augment low flow conditions of receiving streams, reduce storm water
discharge volumes and pollutant loads, and protect downstream channels
from erosion. Infiltration devices are a feasible option where soils
are permeable and the water table and bedrock are well below the
surface. Infiltration basins can also be used as sediment basins during
construction.\9\ Infiltration trenches can be more easily placed into
under-utilized areas of a development and can be used for small sites
and infill developments. However, trenches may require regular
maintenance to prevent clogs, particularly where grass inlets or other
pollutant removing inlets are not used. In some situations, such as low
density areas of parking lots, porous pavement can provide for
infiltration.
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\9\ ``Controlling Urban Runoff: A Practical Manual for Planning
and Designing Urban BMPs'', July, 1987, Metropolitan Washington
Council of Governments.
---------------------------------------------------------------------------
2. Flow Attenuation by Vegetation or Natural Depressions. Flow
attenuation provided by vegetation or natural depressions can provide
pollutant removal and infiltration and can lower the erosive potential
of flows.\10\ In addition, these practices can enhance habitat values
and the appearance of a site. Vegetative flow attenuation devices
include grass swales and filter strips as well as trees that are either
preserved or planted during construction.
---------------------------------------------------------------------------
\10\ ``Urban Targeting and BMP Selection'', United States EPA,
Region V, November 1990.
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Typically the costs of vegetative controls are less than other
storm water practices. The use of check dams incorporated into flow
paths can provide additional infiltration and flow attenuation.\11\
Given the limited capacity to accept large volumes of runoff, and
potential erosion problems associated with large concentrated flows,
vegetative controls should
[[Page 18620]]
usually be used in combination with other storm water devices.
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\11\ ``Standards and Specifications for Infiltration
Practices'', 1984, Maryland Water Resources Administration.
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Grass swales are typically used in areas such as low or medium
density residential development and highway medians as an alternative
to curb and gutter drainage systems.\12\
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\12\ ``Controlling Urban Runoff: A Practical Manual for Planning
and Designing Urban BMPs'', Metropolitan Washington Council of
Governments, July 1987.
---------------------------------------------------------------------------
3. Outfall Velocity Dissipation Devices. Outfall velocity
dissipation devices include riprap and stone or concrete flow
spreaders. Outfall velocity dissipation devices slow the flow of water
discharged from a site to lessen erosion caused by the discharge.
4. Retention Structures/Artificial Wetlands. Retention structures
include ponds and artificial wetlands that are designed to maintain a
permanent pool of water. Properly installed and maintained retention
structures (also known as wet ponds) and artificial wetlands \13\ can
achieve a high removal rate of sediment, BOD, organic nutrients and
metals, and are most cost-effective when used to control runoff from
larger, intensively developed sites.\14\ These devices rely on settling
and biological processes to remove pollutants. Retention ponds and
artificial wetlands can also create wildlife habitat, recreation, and
landscape amenities, as well as corresponding higher property values.
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\13\ See ``Wetland basins for Storm Water Treatment: Discussion
and Background'', Maryland Sediment and Storm water Division, 1987
and ``The Value of Wetlands for Non-point Source Control--Literature
Summary'', Strecker, E., et al., 1990.
\14\ ``Controlling Urban Runoff, A Practical Manual for Planning
and Designing Urban BMPs'', Metropolitan Washington Council of
Governments, 1987.
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5. Water Quality Detention Structures. Storm water detention
structures include extended detention ponds, which control the rate at
which the pond drains after a storm event. Extended detention ponds are
usually designed to completely drain in about 24 to 40 hours, and will
remain dry at other times. They can provide pollutant removal
efficiencies that are similar to those of retention ponds.\15\ Extended
detention systems are typically designed to provide both water quality
and water quantity (flood control) benefits.\16\
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\15\ ``Urban Targeting and BMP Selection'', United States EPA,
Region V, November 1990.
\16\ ``Urban Surface Water Management'', Walesh, S.G., Wiley,
1989.
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C. Housekeeping BMPs
Pollutants that may enter storm water from construction sites
because of poor housekeeping include oils, grease, paints, gasoline,
concrete truck washdown, raw materials used in the manufacture of
concrete (e.g., sand, aggregate, and cement), solvents, litter, debris,
and sanitary wastes. Construction site management plans can address the
following to prevent the discharge of these pollutants:
Designate areas for equipment maintenance and repair;
Provide waste receptacles at convenient locations and
provide regular collection of wastes;
Locate equipment washdown areas on site, and provide
appropriate control of washwaters;
Provide protected storage areas for chemicals, paints,
solvents, fertilizers, and other potentially toxic materials; and
Provide adequately maintained sanitary facilities.
IV. Summary of Permit Conditions
These general permits contain Notice of Intent requirements, a
prohibition on discharging sources of non-storm water, requirements for
releases of hazardous substances or oil in excess of reporting
quantities, requirements for developing and implementing storm water
pollution prevention plans, and requirements for site inspections.
A. Notice of Intent Requirements
NPDES general permits for storm water discharges associated with
industrial activity require that dischargers submit a Notice of Intent
(NOI) to be covered by the permit prior to the authorization of their
discharges under such permit (see 40 CFR 122.28(b)(2)). Consistent with
these regulatory requirements, today's draft permit proposes NOI
requirements. These requirements are consistent with the previously
issued general permit. Dischargers that submit a complete NOI are not
required to submit an individual permit application for such discharge,
unless the Director specifically notifies the discharger that an
individual permit application must be submitted.
Dischargers who want to obtain coverage under these permits must
submit NOIs using the form provided by EPA (or a photocopy thereof).
The NOI form is provided in Appendix A of this notice and can be
photocopied for use in submittals. NOI forms are also available from
the EPA Region 4 Office (see the ADDRESSES section of today's notice).
Completed NOI forms must be submitted to the following address: Storm
Water Notices of Intent(4203), 401 M Street, S.W., Washington, DC 20460
Dischargers operating under approved State or local sediment and
erosion plans, grading plans, or storm water management plans, must, in
addition to filing copies of the NOI with EPA, submit signed copies of
the NOI to the State or local agency approving such plans by the
deadlines stated below.
1. Deadlines for Submitting NOIs
Deadlines for submittal of NOIs to be authorized to discharge under
these permits are as follows:
On or before October 1, 1997, for storm water
discharges from construction sites where disturbances associated
with a construction project occur on or before October 1, 1997, and
final stabilization 17 is completed at the site after October
1, 1997;
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\17\ The term ``final stabilization'' is defined in today's
permits and is discussed in more detail in the Notice of Termination
section of today's fact sheet.
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At least 2 days prior to the commencement of
construction activities (e.g., the initial disturbance of soils
associated with clearing, grading, excavation activities, or other
construction activities), where such activities commence after
October 1, 1997; and
For storm water discharges from construction sites
where the operator changes, (including projects where an operator is
selected after an NOI has been submitted), an NOI shall be submitted
at least 2 days prior to when the operator commences work at the
site.
EPA will accept an NOI at a later date. However, in such instances,
EPA may bring appropriate enforcement actions.
2. Authorization. Dischargers who submit a complete NOI in
accordance with the requirements of these permits are authorized to
discharge storm water from construction sites under the terms and
conditions of this permit 2 days after the date that the NOI is
postmarked, unless notified by EPA.
EPA may deny coverage under this permit and require submittal of an
individual NPDES permit application based on a review of the
completeness and/or content of the NOI or other information (e.g.,
water quality information, compliance history, etc.). Where EPA
requires a discharger authorized under the general permit to apply for
an individual NPDES permit or an alternative general permit, EPA will
notify the discharger in writing that a permit application is required.
Coverage under this general permit will automatically terminate if the
discharger fails to submit the required permit application in a timely
manner. Where the discharger does submit a requested permit
application, coverage under this general permit will automatically
terminate on the effective date of the issuance or denial of the
individual NPDES permit or the alternative general permit as it applies
to the individual permittee.
3. Contents of the NOI. A photocopy of the NOI in Appendix A of
today's notice may be completed and submitted
[[Page 18621]]
to EPA's central address to obtain authorization to discharge under
today's permits. The NOI form requires the following information:
The mailing address of the construction site for which
the notification is submitted. Where a mailing address for the site
is not available, the location of the approximate center of the site
must be described in terms of the latitude and longitude to the
nearest 15 seconds, or the section, township, and range to the
nearest quarter;
The site owner's name, address, and telephone number;
The name, address, and telephone number of the
operator(s) with day-to-day operational control who have been
identified at the time of the NOI submittal, and their status as a
Federal, State, private, public, or other entity. Where multiple
operators have been selected at the time of the initial NOI
submittal, NOIs must be attached and submitted in the same envelope.
When an additional operator submits an NOI for a site with a
preexisting NPDES permit, the NOI of the additional operator must
indicate the preexisting NPDES permit number for discharge(s) from
the site;
The name of the receiving water(s), or if the discharge
is through a municipal separate storm sewer, the name of the
municipal operator of the storm sewer and the ultimate receiving
water(s);
The permit number of any NPDES permit(s) for any other
discharge(s) (including any other storm water discharges or any non-
storm water discharges) from the site;
An indication of whether the operator has existing
sampling data that describe the concentration of pollutants in storm
water discharges. Existing data should not be included as part of
the NOI and should not be submitted unless and until requested by
EPA; and
An estimate of project start date and completion dates,
estimates of the number of acres of the site on which soil will be
disturbed, and a certification that a storm water pollution
prevention plan has been prepared for the site in accordance with
the permit and that such plan complies with approved State and/or
local sediment and erosion plans or permits and/or storm water
management plans or permits. A copy of the plans or permits should
not be included with the NOI submission, and should not be submitted
unless and until requested by EPA.
The NOI must be signed in accordance with the signatory
requirements of 40 CFR 122.22. A complete description of these
signatory requirements is provided in the instructions accompanying the
NOI (see Appendix A).
4. Additional Notification. In addition to submitting the NOI to
EPA, facilities operating under approved State or local sediment and
erosion plans, grading plans, or storm water management plans are
required to submit signed copies of the NOI to the State or local
agency approving such plans by the deadlines stated above. Failure to
do so constitutes a violation of the permit.
B. Special Conditions
1. Prohibition on Non-Storm Water Discharges. Today's draft permit
do not authorize non-storm water discharges that are mixed with storm
water except for specific classes of non-storm water discharges
specified in the permits. Non-storm water discharges that can be
authorized under today's draft permit include discharges from
firefighting activities; fire hydrant flushings; waters used to wash
vehicles or control dust in accordance with permit requirements;
potable water sources including waterline flushings; irrigation
drainage; routine external building washdown that does not use
detergents; pavement washwaters where spills or leaks of toxic or
hazardous materials have not occurred (unless all spilled material has
been removed) and where detergents are not used; air conditioning
condensate; springs; and foundation or footing drains where flows are
not contaminated with process materials such as solvents.18
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\18\ These discharges are consistent with the allowable classes
of non-storm water discharges to municipal separate storm sewer
systems (40 CFR 122.26(d)(iv)(D)).
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To be authorized under the final issued permit, sources of non-
storm water (except flows from firefighting activities) must be
specifically identified in the storm water pollution prevention plan
prepared for the facility. (Plan requirements are discussed in more
detail below). Where such discharges occur, the plan must also identify
and ensure the implementation of appropriate pollution prevention
measures for the non-storm water components of the discharge. For
example, to reduce pollutants in irrigation drainage, a plan could
identify low maintenance lawn areas that do not require the use of
fertilizers or biocides; for higher maintenance lawn areas, a plan
could identify measures such as limiting fertilizer use based on
seasonal and agronomic considerations, decreasing biocide use with an
integrated pest management program, introducing natural vegetation or
more hearty species, and reducing water use (thereby reducing the
volume of irrigation drainage).
This permit will not require pollution prevention measures to be
identified and implemented for non-storm water flows from firefighting
activities since these flows will usually occur as unplanned emergency
situations where it is necessary to take immediate action to protect
the public.
The general prohibition on non-storm water discharges in today's
draft permit ensures that non-storm water discharges (except for those
classes of non-storm water discharges that are conditionally
authorized) are not inadvertently authorized by these permits. Where a
storm water discharge is mixed with process wastewaters or other
sources of non-storm water prior to discharge, and the discharge is
currently not authorized by an NPDES permit, the discharge cannot be
covered by today's permits and the discharger should (1) submit the
appropriate application forms (Forms 1 and 2C) to obtain permit
coverage or (2) discontinue the discharge.
2. Releases of Reportable Quantities of Hazardous Substances and
Oil. Today's draft permit provides that the discharge of hazardous
substances or oil from a facility must be eliminated or minimized in
accordance with the storm water pollution plan developed for the
facility. Where a permitted storm water discharge contains a hazardous
substance or oil in an amount equal to or in excess of a reporting
quantity established under 40 CFR 110, 40 CFR 117, or 40 CFR 302,
during a 24-hour period, today's permits require the following actions:
The permittee must notify the National Response Center
(NRC) (800-424-8802; in the Washington, D.C. metropolitan area 202-
426-2675) in accordance with the requirements of 40 CFR 110, 40 CFR
117, and 40 CFR 302, as soon as they have knowledge of the
discharge;
The permittee must modify the storm water pollution
prevention plan for the facility within 14 calendar days of
knowledge of the release to provide (1) A description of the
release, (2) the date of the release, and (3) the circumstances
leading to the release. In addition, the permittee must modify the
plan, as appropriate, to identify measures to prevent the
reoccurrence of such releases and to respond to such releases.
Within 14 calendar days of the knowledge of the
release, the permittee must submit to EPA (1) A written description
of the release (including the type and estimated amount of material
released), (2) the date that such release occurred, (3) the
circumstances leading to the release, and (4) any steps to be taken
to modify the storm water pollution prevention plan for the
facility.
Where a discharge of a hazardous substance or oil in excess of
reporting quantities is caused by a non-storm water discharge (e.g., a
spill of oil into a separate storm sewer), the spill is not authorized
by this permit. The discharger must report the spill as required under
40 CFR 110. In the event of a spill, the requirements of Section 311 of
the CWA and otherwise applicable provisions of Sections 301 and 402 of
the CWA continue to apply.
[[Page 18622]]
This approach is consistent with the requirements for reporting
releases of hazardous substances and oil-requirements that make a clear
distinction between hazardous substances typically found in storm water
discharges and those associated with spills that are not considered
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
C. Unpaved Rural Roads
Part IV of the permit and its conditions are intended to eliminate,
prevent or minimize the discharge of pollutants to waters of the U.S.
from the construction of unpaved roads. EPA believes that the discharge
of storm water runoff from the construction of unpaved roads could be a
significant source of pollutants to waters of the United States.
Therefore, the discharge of storm water from the construction of
unpaved roads greater than five (5) acres is not exempt from the
requirements of 40 CFR Sec. 122.26(a)(1)(ii) and (b)(14)(x) under the
Intermodal Surface Transportation Efficiency Act of 1991. This action
is in accordance with Sec. 402(p)(2)(E) of the Clean Water Act (1987,
as amended). If five (5) acres equals 217,800 ft2 and area equals
length times width, then the approximate length of road equal to five
(5) acres would be 217,800 ft2 divided by the road width. For
example, assuming a road construction area width of 25 feet, five (5)
acres of road would be approximately 1.65 miles.
The principle component of the Part IV requirements is the
construction of drainage systems, water turn-outs, in accordance with
the document, Silviculture Best Management Practices, 1993 Florida
Department of Agriculture & Consumer Services, to reduce the volume and
velocity of roadside ditch flow. The construction of the drainage
systems in conjunction with the final cover conditions of the road
constitute final stabilization under Part IX.A. of the permit. In
addition, the turn-outs should be maintained to continue eliminating,
preventing and/or minimizing the discharge of pollutants to waters of
the U.S. All relevant portions of the pollution prevention plan
requirements of Part V of the permit shall be applied to discharges of
storm water from unpaved roads.
D. Storm Water Pollution Prevention Plan Requirements
The pollution prevention plans required by today's draft permit
focuses on two major tasks: (1) Providing a site description that
identifies sources of pollution to storm water discharges associated
with industrial activity from the facility and (2) identifying and
implementing appropriate measures to reduce pollutants in storm water
discharges to ensure compliance with the terms and conditions of these
permits.
In developing these permits, the Agency reviewed a significant
number of existing State and local sediment and erosion control and
storm water management requirements. State and local data were reviewed
for a wide range of climates and varying types of construction
activities.
1. Contents of the Plan
Storm water pollution prevention plans must include a site
description; a description of controls that will be used at the site
(e.g., erosion and sediment controls, storm water management measures);
a description of maintenance and inspection procedures; and a
description of pollution prevention measures for any non-storm water
discharges that exist.
a. Site Description. Storm water pollution prevention plans must be
based on an accurate understanding of the pollution potential of the
site. The first part of the plan requires an evaluation of the sources
of pollution at a specific construction site. The plan must identify
potential sources of pollution that may reasonably be expected to
affect the quality of storm water discharges from the construction
site. In addition, the source identification components for pollution
prevention plans must provide a description of the site and the
construction activities. This information is intended to provide a
better understanding of site runoff and major pollutant sources. At a
minimum, plans must include the following:
A description of the nature of the construction
activity. This would typically include a description of the ultimate
use of the project (e.g., low-density residential, shopping mall,
highway).
A description of the intended sequence of major
activities that disturb soils for major portions of the site (e.g.,
grubbing, excavation, grading).
Estimates of the total area of the site and the total
area of the site that is expected to be disturbed by excavation,
grading, or other activities. Where the construction activity is to
be staged, it may be appropriate to describe areas of the site that
will be disturbed at different stages of the construction process.
Estimates of the runoff coefficient of the site after
construction activities are completed as well as existing data
describing the quality of any discharge from the site or the soil.
The runoff coefficient is defined as the fraction of total rainfall
that will appear at the conveyance as runoff. Runoff coefficients
can be estimated from site plan maps, which provide estimates of the
area of impervious structures planned for the site and estimates of
areas where vegetation will be precluded or incorporated. Runoff
coefficients are one tool for evaluating the volume of runoff that
will occur from a site when construction is completed. These
coefficients assist in evaluating pollutant loadings, potential
hydraulic impacts to receiving waters, and flooding impacts. They
are also used for sizing of post-construction storm water management
measures.
A site map indicating drainage patterns and approximate
slopes anticipated after major grading activities, areas of soil
disturbance; an outline of areas that will not be disturbed; the
location of major structural and nonstructural controls identified
in the plan; the location of areas where stabilization practices are
expected to occur; the location of surface waters (including
wetlands); and locations where storm water is discharged to a
surface water. Site maps should also include other major features
and potential pollutant sources, such as the location of impervious
structures and the location of soil piles during the construction
process.
The name of the receiving water(s), and areal extent of
wetland acreage at the site.
b. Controls to Reduce Pollutants. The storm water pollution
prevention plan must describe and ensure the implementation of
practices that will be used to reduce the pollutants in storm water
discharges from the site and assure compliance with the terms and
conditions of the permit. Permittees are required to develop a
description of four classes of controls appropriate for inclusion in
the facility's plan, and implement controls identified in the plan in
accordance with the plan. The description of controls must address (1)
Erosion and sediment controls, (2) storm water management, (3) a
specified set of other controls, and (4) any applicable procedures and
requirements of State and local sediment and erosion plans or storm
water management plans.
The pollution prevention plan must clearly describe the intended
sequence of major activities and when, in relation to the construction
process, the control will be implemented. Good site planning and
preservation of mature vegetation are primary control techniques for
controlling sediment in storm water discharges during construction
activities as well as for developing a strategy for storm water
management that controls pollutants in storm water discharges after the
completion of construction activities. Properly staging major earth
disturbing activities can also dramatically decrease the costs of
sediment and erosion controls. The description of the intended sequence
of major activities will typically describe the intended staging of
activities on different parts of the site.
[[Page 18623]]
Permittees must develop and implement four classes of controls in
the pollution prevention plan, each of which is discussed below.
i. Erosion and Sediment Controls. The requirements for erosion and
sediment controls for construction activities in this permit have three
goals: (1) to divert upslope water around disturbed areas of the site;
(2) to limit the exposure of disturbed areas to the shortest duration
possible; and (3) to remove sediment from storm water before it leaves
the site. Erosion and sediment controls include both stabilization
practices and structural practices.
Performance Standards
The erosion and sediment control practices must at a minimum:
(a) remove 80% of the Settleable Solids (SS) in storm water
discharges from the site to Class III waters;
(b) remove 95% of the SS in storm water discharges from the site to
sensitive waters such as potable water sources (class I waters),
shellfish harvesting waters (Class II waters) and outstanding Florida
waters.
The performance standards, as listed in Part V of the permit, are
based on the Florida Water Policy established in the document, Florida
Section 6217 Informal Threshold Review, September 14, 1994. These
performance standards are intended to preserve the beneficial use of
waters and to establish a relationship between the SWPPP requirements
and Florida's Water Quality Standards.
Stabilization Practices. Pollution prevention plans must include a
description of interim and permanent stabilization practices, including
site-specific scheduling of the implementation of the practices. The
plans should ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized as
quickly as possible. Stabilization practices are the first line of
defense for preventing erosion; they include temporary seeding,
permanent seeding, mulching, geotextiles, sod stabilization, vegetative
buffer strips, protection of trees, preservation of mature vegetative
buffer strips, and other appropriate measures. Temporary stabilization
practices are often cited as the single most important factor in
reducing erosion at construction sites.19
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\19\ ``New York Guidelines for Urban Erosion and Sediment
Control'', USDA, Soil Conservation Service, March 1988.
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Stabilization also involves preserving and protecting selected
trees that were on the site prior to development. Mature trees have
extensive canopy and root systems, which help to hold soil in place.
Shade trees also keep soil from drying rapidly and becoming susceptible
to erosion. Measures taken to protect trees can vary significantly,
from simple measures such as installing tree fencing around the drip
line and installing tree armoring, to more complex measures such as
building retaining walls and tree wells.
Since stabilization practices play such an important role in
preventing erosion, it is critical that they are rapidly employed in
appropriate areas. These permits provide that, except in three
situations, stabilization measures be initiated on disturbed areas as
soon as practicable, but no more than 14 days after construction
activity on a particular portion of the site has temporarily or
permanently ceased. The three exceptions to this requirement are the
following:
Where construction activities will resume on a portion of
the site within 21 days from when the construction activities ceased.
Where the initiation of stabilization measures is
precluded by snow cover, in which case, stabilization measures must be
initiated as soon as practicable.
In arid areas (areas with an average annual rainfall of 0
to 10 inches) and semi-arid area (areas with an average annual rainfall
of 10 to 20 inches), where the initiation of stabilization measures is
precluded by seasonal arid conditions, in which case, stabilization
measures must be initiated as soon as practicable.
Structural Practices. The pollution prevention plan must include a
description of structural practices to the degree economically
attainable, to divert flows from exposed soils, store flows, or
otherwise limit runoff and the discharge of pollutants from exposed
areas of the site. Structural controls are necessary because vegetative
controls cannot be employed at areas of the site that are continually
disturbed and because a finite time period is required before
vegetative practices are fully effective. Options for such controls
include silt fences, earth dikes, drainage swales, check dams,
subsurface drains, pipe slope drains, level spreaders, storm drain
inlet protection, rock outlet protection, sediment traps, rock outlet
protection, reinforced soil retaining systems, gabions, and temporary
or permanent sediment basins. Structural measures should be placed on
upland soils to the degree possible.
For sites with more than 10 disturbed acres at one time that are
served by a common drainage location, a temporary or permanent sediment
basin providing 3,600 cubic feet of storage per acre drained, or
equivalent control measures (such as suitably sized dry wells or
infiltration structures), must be provided where economically
attainable until final stabilization of the site has been accomplished.
Flows from offsite areas and flows from onsite areas that are either
undisturbed or have undergone final stabilization may be diverted
around both the sediment basin and the disturbed area. The requirement
to provide 3,600 cubic feet of storage area per acre drained does not
apply to such diverted flows.
For the drainage locations which serve more than 10 disturbed acres
at one time and where a sediment basin providing storage or equivalent
controls for 3,600 cubic feet per acre drained is not economically
attainable, smaller sediment basins or sediment traps should be used.
At a minimum, silt fences, or equivalent sediment controls are required
for all sideslope and downslope boundaries of the construction area.
Diversion structures should be used on upland boundaries of disturbed
areas to prevent runon from entering disturbed areas.
For drainage locations serving 10 or less acres, smaller sediment
basins or sediment traps should be used and at a minimum, silt fences,
or equivalent sediment controls are required for all sideslope and
downslope boundaries of the construction area. Alternatively, the
permittee may provide a sediment basin providing storage for 3,600
cubic feet of storage per acre drained. Diversion structures should be
used on upland boundaries of disturbed areas to prevent runon from
entering disturbed areas.
ii. Storm Water Management. The plan must include a description of
``storm water management'' measures 20. These permits address only
the installation of storm water management measures and not the
ultimate operation and maintenance of such structures after the
construction activities have been completed and the site has undergone
final stabilization. Permittees are responsible only for the
installation and maintenance of storm water management measures prior
to final stabilization of the site and are not responsible for
maintenance after storm water discharges associated with construction
activities have been eliminated from the site.
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\20\ For the purpose of the special requirements for
construction activities, the term ``storm water management''
measures refers to controls that will primarily reduce the discharge
of pollutants in storm water from sites after completion of
construction activities.
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Land development can significantly increase storm water discharge
volumes and peak velocities where appropriate
[[Page 18624]]
storm water management measures are not implemented. In addition, storm
water discharges will typically contain higher levels of pollutants,
including total suspended solids (TSS), heavy metals, nutrients, and
oxygen demanding constituents 21.
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\21\ See ``Nationwide Urban Runoff Program'', EPA, 1984.
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Storm water management measures that are installed during the
construction process can control the volume of storm water discharged
and peak discharge velocities, as well as reduce the amount of
pollutants discharged after the construction operations have been
completed. Reductions in peak discharge velocities and volumes can also
reduce pollutant loads, as well as reduce physical impacts such as
stream bank erosion and stream bed scour. Storm water management
measures that mitigate changes to predevelopment runoff characteristics
assist in protecting and maintaining the physical and biological
characteristics of receiving streams and wetlands.
Structural measures should be placed on upland soils to the degree
attainable. The installation of such devices may be subject to Section
404 of the CWA if the devices are placed in wetlands (or other waters
of the United States).
Options for storm water management measures that are to be
evaluated in the development of plans include infiltration of runoff on
site; flow attenuation by use of open vegetated swales and natural
depressions; storm water retention structures and storm water detention
structures (including wet ponds); and sequential systems that combine
several practices.
The pollution prevention plan must include an explanation of the
technical basis used to select the practices to control pollution where
flows exceed predevelopment levels. The explanation of the technical
basis for selecting practices should address how a number of factors
were evaluated, including the pollutant removal efficiencies of the
measures, the costs of the measure, site specific factors that will
affect the application of the measures, the economic achievability of
the measure at a particular site, and other relevant factors.
EPA anticipates that storm water management measures at many sites
will be able to provide for the removal of at least 80 percent of total
suspended solids (TSS) 22. A number of storm water management
measures can be used to achieve this level of control, including
properly designed and installed wet ponds, infiltration trenches,
infiltration basins, sand filter system, manmade storm water wetlands,
and multiple pond systems. The pollutant removal efficiencies of
various storm water management measures can be estimated from a number
of sources, including ``Storm Water Management for Construction
Activities: Developing Pollution Prevention Plans and Best Management
Practices,'' U.S. EPA, 1992, and ``A Current Assessment of Urban Best
Management Practice,'' prepared for U.S. EPA by Metropolitan Washington
Council of Governments, March 1992. Proper selection of a technology
depends on site factors and other conditions.
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\22\ TSS can be used as an indicator parameter to characterize
the control of other pollutants, including heavy metals, oxygen
demanding pollutants, and nutrients, commonly found in storm water
discharges.
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In selecting storm water management measures, the permittee should
consider the impacts of each method on other water resources, such as
ground water. Although storm water pollution prevention plans primarily
focus on storm water management, EPA encourages facilities to avoid
creating ground water pollution problems. For example, if the water
table is unusually high in an area or soils are especially sandy and
porous, an infiltration pond may contaminate a ground water source
unless special preventive measures are taken. Under EPA's July 1991
Ground Water Protection Strategy, States are encouraged to develop
Comprehensive State Ground Water Protection Programs (CSGWPPs). Efforts
to control storm water should be compatible with State ground water
objectives as reflected in CSGWPPs.
The evaluation of whether the pollutant loadings and the hydrologic
conditions (the volume of discharge) of flows exceed predevelopment
levels can be based on hydrologic models which consider conditions such
as the natural vegetation which is typical for the area.
Increased discharge velocities can greatly accelerate erosion near
the outlet of onsite structural measures. To mitigate these effects,
these permits require that velocity dissipation devices be placed at
discharge locations and along the length of any outfall channel as
necessary to provide a non-erosive velocity flow from the structure to
a water course. Velocity dissipation devices maintain and protect the
natural physical and biological characteristics and functions of the
watercourse, e.g., hydrologic conditions, such as the hydroperiod and
hydrodynamics, that were present prior to the initiation of
construction activities.
iii. Other Controls. Other controls to be addressed in storm water
pollution prevention plans for construction activities require that no
non-storm water solid materials, including building material wastes,
shall be discharged at the site, except as authorized by a Section 404
permit.
These final permits require that offsite vehicle tracking of
sediments and the generation of dust be minimized. This can be
accomplished by measures such as providing gravel or paving at access
entrance and exit drives, parking areas, and unpaved roads on the site
carrying significant amounts of traffic (e.g., more than 25 vehicles
per day); providing entrance wash racks or stations for trucks; and/or
providing street sweeping.
In addition, these permits require that the plan shall ensure and
demonstrate compliance with applicable State and/or local sanitary
sewer, septic system, and waste disposal regulations.23
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\23\ In rural and suburban areas that are served by septic
systems, malfunctioning septic systems can contribute pollutants to
storm water discharges. Malfunctioning septic tanks may be a more
significant surface runoff pollution problem than a ground water
problem. This is because a malfunctioning septic system is less
likely to cause ground water contamination where a bacterial mat in
the soil retards the downward movement of wastewater. Surface
malfunctions are caused by clogged or impermeable soils, or when
stopped up or collapsed pipes force untreated wastewater to the
surface. Surface malfunctions can vary in degree from occasional
damp patches on the surface to constant pooling or runoff of
wastewater. These discharges have high bacteria, nitrate, and
nutrient levels and can contain a variety of household chemicals.
This permit does not establish new criteria for septic systems, but
rather addresses existing State or local criteria.
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iv. State and Local Controls. Many municipalities and States have
developed sediment and erosion control requirements for construction
activities. A significant number of municipalities and States have also
developed storm water management controls. These general permits
require that storm water pollution prevention plans for facilities that
discharge storm water associated with industrial activity from
construction activities include procedures and requirements of State
and local sediment and erosion control plans or storm water management
plans. Permittees are required to provide a certification that their
storm water pollution prevention plan reflects requirements related to
protecting water resources that are specified in State or local
sediment and erosion plans or storm water management plans.\24\In
[[Page 18625]]
addition, permittees are required to amend their storm water pollution
prevention plans to reflect any change in a sediment and erosion site
plan or site permit or storm water management site plan or site permit
approved by State or local officials for which the permittee receives
written notice. Where such amendments are made, the permittee must
provide a recertification that the storm water pollution prevention
plan has been modified. This provision does not apply to provisions of
master plans, comprehensive plans, nonenforceable guidelines, or
technical guidance documents, but rather to site-specific State or
local permits or plans.
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\24\ Operators of storm water discharges from construction
activities which, based on an evaluation of site specific
conditions, believe that State and local plans do not adequately
represent BAT and BCT requirements for the facility may request to
be excluded from the coverage of the general permit by submitting to
the Director an individual application with a detailed explanation
of the reasons supporting the request, including any supporting
documentation showing that certain permit conditions are not
appropriate.
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c. Maintenance
Erosion and sediment controls can become ineffective if they are
damaged or not properly maintained. Maintenance of controls has been
identified as a major part of effective erosion and sediment programs.
Plans must contain a description of prompt and timely maintenance and
repair procedures addressing all erosion and sediment control measures
(e.g., sediment basins, traps, silt fences), vegetation, and other
measures identified in the site plan to ensure that such measures are
kept in good and effective operating condition.
d. Inspections
Procedures in a plan must provide that specified areas on the site
are inspected by qualified personnel provided by the discharger a
minimum of once every seven calendar days and within 24 hours after any
storm event of greater than 0.5 inches. Areas of the site that must be
observed during such inspections include disturbed areas, areas used
for storage of materials that are exposed to precipitation, structural
control measures, and locations where vehicles enter or exit the site.
Where sites have been temporarily or finally stabilized, or during
seasonal arid periods in arid areas (areas with an average annual
rainfall of 0 to 10 inches) and semi-arid areas (with an average annual
rainfall of 10 to 20 inches) the inspection must be conducted at least
once every month.
Disturbed areas and areas used for storage of materials that are
exposed to precipitation must be inspected for evidence of, or the
potential for, pollutants entering the runoff from the site. Erosion
and sediment control measures identified in the plan must be observed
to ensure that they are operating correctly. Observations can be made
during wet or dry weather conditions. Where discharge locations or
points are accessible, they must be inspected to ascertain whether
erosion control measures are effective in preventing significant
impacts to receiving waters. This can be done by inspecting receiving
waters to see whether any signs of erosion or sediment are associated
with the discharge location. Locations where vehicles enter or exit the
site must be inspected for evidence of offsite sediment tracking.
Based on the results of the inspection, the site description and
the pollution prevention measures identified in the plan must be
revised as soon as possible after an inspection that reveals
inadequacies. The inspection and plan review process must provide for
timely implementation of any changes to the plan within 7 calendar days
following the inspection.
An inspection report that summarizes the scope of the inspection,
name(s) and qualifications of personnel conducting the inspection, the
dates of the inspection, major observations relating to the
implementation of the storm water pollution prevention plan, and
actions taken must be retained as part of the storm water pollution
prevention plan for at least three years after the date of inspection.
The report must be signed in accordance with the signatory requirements
in the Standard Conditions section of this draft permit.
Diligent inspections are necessary to ensure adequate
implementation of onsite sediment and erosion controls, particularly in
the later stages of construction when the volume of runoff is greatest
and the storage capacity of the sediment basins has been
reduced.25
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\25\ ``Performance of Current Sediment Control Measures at
Maryland Construction Sites'', January 1990, Metropolitan Washington
Council of Governments.
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e. Non-Storm Water Discharges
The final issued permit may authorize storm water discharges from
construction activities that are mixed with discharges from
firefighting activities, fire hydrant flushings, waters used to wash
vehicles or control dust in accordance with efforts to minimize offsite
sediment tracking, potable water sources including waterline flushings,
irrigation drainage from watering vegetation, routine exterior building
washdown that does not use detergents, pavement washwaters where spills
or leaks of toxic or hazardous materials have not occurred (unless all
spilled material has been removed) and where detergents are not used,
air conditioning condensate, springs, and foundation or footing drains
where flows are not contaminated with process materials such as
solvents, provided the non-storm water component of the discharge is
specifically identified in the pollution prevention plan. In addition,
the plan must identify and ensure the implementation of appropriate
pollution prevention measures for each of the non-storm water
component(s) of the discharge.\26\
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\26\ This is consistent with the allowable types of non-storm
water discharges to municipal separate storm sewer systems (40 CFR
122.26(d)(2)(iv)(A)).
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EPA believes that where these classes of non-storm water discharges
are identified in a pollution prevention plan and where appropriate
pollution prevention measures are evaluated, identified, and
implemented, they generally pose low risks to the environment. The
Agency also notes that it can request individual permit applications
for such discharges where appropriate. The Agency is not requiring that
flows from fire-fighting activities be identified in plans because of
the emergency nature of such discharges coupled with their low
probability and the unpredictability of their occurrence.
2. Deadlines for Plan Preparation and Compliance
The final issued permit will establish the following deadlines for
storm water pollution prevention plan development and compliance:
The plan must be completed prior to the submittal of an
NOI to be covered under this permit and updated as appropriate.
For construction activities that have begun on or before
October 1, 1997, except the plan shall provide for compliance with the
terms and schedule of the plan beginning on October 1, 1997.
For construction activities that have begun after October
1, 1997, the plan must provide for compliance with the terms and
schedule of the plan beginning with the initiation of construction
activities.
3. Signature and Plan Review
Signature and plan review requirements are as follows:
The plan must be signed by all permittees for a site in
accordance with the signatory requirements in the Standard Permit
Conditions section of the permit, and must be retained on site at the
facility that generates the storm water discharge.
The permittee must make plans available, upon request, to
EPA, and
[[Page 18626]]
State or local agency approved sediment and erosion plans, grading
plans, or storm water management plans. In the case of a storm water
discharge associated with industrial activity that discharges through a
municipal separate storm sewer system with an NPDES permit, permittees
must make plans available to the municipal operator of the system upon
request.
EPA may notify the permittee at any time that the plan
does not meet one or more of the minimum requirements. Within 7 days of
such notification from EPA (or as otherwise requested by EPA), the
permittee must make the required changes to the plan and submit to EPA
a written certification that the requested changes have been made.
4. Keeping Plans Current
The permittee must amend the plan whenever there is a change in
design, construction, operation, or maintenance, that has a significant
effect on the potential for the discharge of pollutants to waters of
the United States or to municipal separate storm sewer systems. The
plan must also be amended if it proves to be ineffective in eliminating
or significantly minimizing pollutants in the storm water discharges
from the construction activity. In addition, the plan shall be amended
to identify any new contractor and/or subcontractor that will implement
a measure of the storm water pollution prevention plan. Amendments to
the plan will be reviewed by EPA as described above.
5. Additional Requirements
These permits authorize a storm water discharge associated with
industrial activity from a construction site that is mixed with a storm
water discharge from an industrial source other than construction, only
under the following conditions:
The industrial source other than construction is located
on the same site as the construction activity; and
Storm water discharges from where the construction
activities are occurring are in compliance with the terms of this
permit.
6. Contractors
The storm water pollution prevention plan must clearly identify for
each measure identified in the plan, the contractor(s) and/or
subcontractor(s) that will implement the measure. All contractors and
subcontractors identified in the plan must sign a copy of the
certification statement presented below before conducting any
professional service at the site identified in the pollution prevention
plan:
``I certify under penalty of law that I understand the terms and
conditions of the general National Pollutant Discharge Elimination
System (NPDES) permit that authorizes the storm water discharges
associated with industrial activity from the construction site
identified as part of this certification.''
All certifications must be included in the storm water pollution
prevention plan.
E. Retention of Records
The permittee is required to retain records or copies of all
reports required by this permit, including storm water pollution
prevention plans and records of all data used to complete the NOI to be
covered by the permit, for a period of at least three years from the
date of final stabilization. This period may be extended by request of
the Director.
F. Notice of Termination
A discharger may submit a Notice of Termination (NOT) to EPA in two
sets of circumstances: 1) after a site has undergone final
stabilization and the facility no longer discharges storm water
associated with industrial activity from a construction site and 2)
when the permittee has transferred operational control to another
permittee and is no longer an operator for the site. NOTs must be
submitted using the form provided by the Director (or a photocopy
thereof). A copy of the NOT form is in Appendix B and can be
photocopied for use. NOTs will assist EPA in tracking the status of the
discharger.
Today's draft permit defines final stabilization for the purpose of
submitting an NOT as occurring when all soil disturbing activities are
completed and a uniform perennial vegetative cover with a density of 70
percent for the unpaved areas and areas not covered by permanent
structures has been established or equivalent stabilization measures
have been employed. Equivalent stabilization measures include permanent
measures other than establishing vegetation, such as the use of rip-
rap, gabions, and/or geotextiles.
A copy of the NOT, and instructions for completing the NOT, are
provided in Appendix B of today's notice. The NOT form requires the
following information:
The mailing address of the construction site for which the
notification is submitted. Where a mailing address for the site is not
available, the location of the approximate center of the site must be
described in terms of the latitude and longitude to the nearest 15
seconds, or the section, township, and range to the nearest quarter.
The site owner's name, address, and telephone number.
The name, address, and telephone number of the operator
addressed by the NOT, and operator status as a Federal, State, private,
public, or other entity.
The NPDES permit for the storm water discharge identified
by the NOT.
The following certification:
``I certify under penalty of law that disturbed soils at the
identified facility have been finally stabilized and temporary
erosion and sediment control measures have been removed or will be
removed at an appropriate time, or that all storm water discharges
associated with construction activities from the identified site
that are authorized by an NPDES general permit have been eliminated
or that I am no longer the operator of the construction activity. I
understand that by submitting this notice of termination, that I am
no longer authorized to discharge storm water by the general permit,
and that discharging pollutants in storm water associated with
industrial activity to waters of the United States is unlawful under
the Clean Water Act where the discharge is not authorized by a NPDES
permit.''
Notices of Termination are to be sent to the following address:
Storm Water Notice of Intent (4203), 401 M Street, S.W., Washington, DC
20460.
The NOT must be signed by the appropriate individual in accordance
with the signatory requirements of 40 CFR 122.22. A description of
these signatory requirements is provided in the instructions
accompanying the NOT (see Appendix B).
Submittal of a NOT, by itself, does not relieve permittees from the
obligations of the permit, such as the requirement to stabilize the
site. Appropriate enforcement actions may still be taken for permit
violations where a permittee submits a NOT but the permittee has not
transferred operational control to another permittee or the site has
not undergone final stabilization.
G. Regional Offices
Notices of Intent to be authorized to discharge under these permits
should be sent to: Storm Water Notice of Intent (4203), 401 M Street,
S.W., Washington, DC 20460
Other submittals of information required under these permits or
individual permit applications should be sent to the appropriate EPA
Regional Office: AL (Indian lands), FL, GA (Indian lands), KY (Indian
lands), MS (Indian lands), NC (Indian lands), SC (Indian lands), TN
(Indian lands), United States EPA, Region IV, Water Management
Division, (SWPFB-15), Storm Water Staff, 100 Alabama Street,
[[Page 18627]]
S.W., Atlanta, GA 30303-3104, Contact: Floyd Wellborn, (404) 562-9296.
H. Special Conditions in Specified States
Section 401 of the CWA provides that no Federal license or permit,
including NPDES permits, to conduct any activity that may result in any
discharge into navigable waters shall be granted until the State in
which the discharge originates certifies that the discharge will comply
with the applicable provisions of Sections 301, 302, 303, 306, and 307
of the CWA.
V. Cost Estimates
The two major costs associated with pollution prevention plans for
construction activities include the costs of sediment and erosion
controls (see Table 1) and the costs of storm water management measures
(see Table 2). Today's permits provide flexibility in developing
controls for construction activities. Typically, most construction
sites will employ several types of sediment and erosion controls and
storm water management controls, but not all the controls listed in
Tables 1 and 2. In general, sites that disturb a large area will incur
higher pollution prevention costs.
Table 1.--Sediment and Erosion Control Costs
------------------------------------------------------------------------
------------------------------------------------------------------------
Temporary seeding......................... $1.00 per square foot.
Permanent seeding......................... $1.00 per square foot.
Mulching.................................. $1.25 per square foot.
Sod stabilization......................... $4.00 per square foot.
Vegetative buffer strips.................. $1.00 per square foot.
Protection of trees....................... $30.00 to $200.00 per tree
set.
Earth dikes............................... $5.50 per linear foot.
Silt fences............................... $6.00 per linear foot.
Drainage swales-grass..................... $3.00 per square yard.
Drainage swales-sod....................... $4.00 per square yard.
Drainage swales-asphalt................... $35.00 per square yard.
Drainage swales-concrete.................. $65.00 per square yard.
Check dams-rock........................... $100 per dam.
Check dams-covered straw bales............ $50 per dam.
Level spreader-earthen.................... $4.00 per square yard.
Level spreader-concrete................... $65.00 per square yard.
Subsurface drain.......................... $2.25 per linear foot.
Pipe slope drain.......................... $5.00 per linear foot.
Temporary storm drain diversion........... variable.
Storm drain inlet protection.............. $300 per inlet.
Rock outlet protection.................... $45 per square yard.
Sediment traps............................ $500 to $7,000 per trap.
Temporary sediment basins................. $5,000 to $50,000 per basin.
Sump pit.................................. $500 to $7,000.
Entrance stabilization.................... $1,500 to $5,000 per
entrance.
Entrance wash rack........................ $2,000 per rack.
Temporary waterway crossing............... $500 to $1,500.
Wind breaks............................... $2.50 per linear foot.
------------------------------------------------------------------------
Practices such as sod stabilization and tree protection increase
property values and satisfy consumer aesthetic needs.
Sources: ``Means Site Work Cost Data'', 9th edition, 1990, R.S. Means
Company. ``Sediment and Erosion Control, An Inventory of Current
Practices'', prepared by Kamber Engineering for U.S. EPA, April 1990.
Table 2.--Annualized Costs of Several Storm Water Management Options
for Construction Sites
------------------------------------------------------------------------
Annualized Annualized
cost for 9- cost for 20-
Option acre developed acre developed
area area
------------------------------------------------------------------------
Wet Ponds............................... $5,872 $9,820.
Dry Ponds............................... 3,240 5,907.
Dry Ponds with Extended Detention....... 3,110 5,413
Infiltration Trenches................... 4,134 6,359.
------------------------------------------------------------------------
Estimates based on methodology presented in ``Cost of Urban Runoff
Quality Controls'', Wiegand, C., Schueler, T., Chittenden, W., and
Jellick, D., Urban Runoff Quality-Impact and Quality Enhancement
Technology, Proceedings of an Engineering Foundation Conference, ASCE,
1986, edited by B. Urbonas and L.A. Roesner.
Costs are presented in 1992 dollars and were reviewed by the Office
of Management and Budget during the previous issuance of this permit,
September 25, 1992. Annualized costs are based on a 10 year period and
10 percent discount rate. Estimates include a contingency cost of 25
percent of the construction cost and operation and maintenance costs of
5 percent of the construction cost. Land costs are not included.
VI. Economic Impact (Executive Order 12291)
EPA has submitted this notice to the Office of Management and
Budget for review under Executive Order 12291.
VII. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in these final general permits under the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et.seq. EPA did not prepare an Information
Collection Request (ICR) document for today's permits because the
information collection requirements in these permits have already been
approved by the Office of Management and Budget (OMB) in submissions
made for the NPDES permit program under the provisions of the Clean
Water Act.
VIII. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, U.S.C. 601 et. seq., EPA is
required to prepare a Regulatory Flexibility Analysis to assess the
impact of rules on small entities. No Regulatory Flexibility Analysis
is required, however, where the head of the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
Today's draft permit provides small entities with an application
option that is less burdensome than individual applications or
participating in a group application. The other requirements have been
designed to minimize significant economic impacts of the rule on small
entities and does not have a significant impact on industry. In
addition, the permits reduce significant administrative burdens on
regulated sources. Accordingly, I hereby certify pursuant to the
provisions of the Regulatory Flexibility Act, that these permits will
not have a significant impact on a substantial number of small
entities.
Appendix A
Notice of Intent (NOI) Form (an NOI will not appear in today's
proposed permit but will be included in the final issuance).
Appendix B
Notice of Termination (NOT) Form (an NOT will not appear in
today's proposed permit but will be included in the final issuance).
Appendix C--Endangered Species Guidance
I. Instructions
A list of species that EPA has determined may be affected by the
activities covered by the construction general permit will be
included in the final issued permit. These species will be listed by
county. In order to get construction general permit coverage,
applicants must:
Indicate in box provided on the NOI whether any species
listed in this Addendum are in proximity to the facility, and
Certify pursuant to Section I.B.3.e. of the
construction general permit that their storm
[[Page 18628]]
water discharges, and BMPs constructed to control storm water
runoff, are not likely, and will not be likely to adversely affect
species identified in Addendum H of this permit.
To do this, please follow steps 1 through 4 below.
Step 1: Review the County Species List to Determine if any Species are
Located in the Discharging Facility County
If no species are listed in a facility's county or if a
facility's county is not found on the list, an applicant is eligible
for construction general permit coverage and may indicate in the NOI
that no species are found in proximity and provide the necessary
certification. If species are located in the county, follow step 2
below. Where a facility is located in more than one county, the
lists for all counties should be reviewed.
Step 2: Determine if any Species may be Found ``in Proximity'' to the
Facility
A species is in proximity to a facility's storm water discharge
when the species is:
Located in the path or immediate area through which or
over which contaminated point source storm water flows from
industrial activities to the point of discharge into the receiving
water.
Located in the immediate vicinity of, or nearby, the
point of discharge into receiving waters.
Located in the area of a site where storm water BMPs
are planned or are to be constructed.
The area in proximity to be searched/surveyed for listed species
will vary with the size of the facility, the nature and quantity of
the storm water discharges, and the type of receiving waters. Given
the number of facilities potentially covered by the construction
general permit, no specific method to determine whether species are
in proximity is required for permit coverage under the construction
general permit. Instead, applicants should use the method or methods
which best allow them to determine to the best of their knowledge
whether species are in proximity to their particular facility. These
methods may include:
Conducting visual inspections: This method may be
particularly suitable for facilities that are smaller in size,
facilities located in non-natural settings such as highly urbanized
areas or industrial parks where there is little or no nature
habitat; and facilities that discharge directly into municipal storm
water collection systems. For other facilities, a visual survey of
the facility site and storm water drainage areas may be insufficient
to determine whether species are likely to be located in proximity
to the discharge.
Contacting the nearest State Wildlife Agency or U.S.
Fish and Wildlife Service (FWS) or National Marine Fisheries Service
(NMFS) offices. Many endangered and threatened species are found in
well-defined areas or habitats. That information is frequently known
to state or federal wildlife agencies. FWS has offices in every
state. NMFS has regional offices in: Gloucester, Massachusetts; St.
Petersburg, Florida; Long Beach, California; Portland, Oregon; and
Juneau, Alaska.
Contacting local/regional conservation groups. These
groups inventory species and their locations and maintain lists of
sightings and habitats.
Conducting a formal biological survey. Larger
facilities with extensive storm water discharges may choose to
conduct biological surveys as the most effective way to assess
whether species are located in proximity and whether there are
likely adverse effects.
If no species are in proximity, an applicant is eligible for
construction general permit coverage and may indicate that in the
NOI and provide the necessary certification. If listed species are
found in proximity to a facility, applicants must follow step 3
below.
Step 3: Determine If Species Could Be Adversely Affected by the
Facility's Storm Water Discharges or by BMPS To Control Those
Discharges.
Scope of Adverse Effects: Potential adverse effects from storm
water include:
Hydrological. Storm water may cause siltation,
sedimentation or induce other changes in the receiving waters such
as temperature, salinity or pH. These effects will vary with the
amount of storm water discharged and the volume and condition of the
receiving water. Where a storm water discharge constitutes a minute
portion of the total volume of the receiving water, adverse
hydrological effects are less likely.
Habitat. Storm water may drain or inundate listed
species habitat.
Toxicity. In some cases, pollutants in storm water may
have toxic effects on listed species.
The scope of effects to consider will vary with each site.
Applicants must also consider the likelihood of adverse effects on
species from any BMPs to control storm water. Most adverse impacts
from BMPs are likely to occur from the construction activities.
Using earlier ESA authorizations for construction general permit
eligibility: In some cases, a facility may be eligible for
construction general permit coverage because actual or potential
adverse affects were addressed or discounted through an earlier ESA
authorization. Examples of such authorization include:
An earlier ESA section 7 consultation for that
facility.
A section 10(a) permit issued for the facility.
An area-wide Habitat Conservation Plan applicable to
that facility.
A clearance letter from the Services (which discounts
the possibility of an adverse impacts from the facility).
In order for applicants to use an earlier ESA authorization to
meet eligibility requirements: (1) The authorization must adequately
address impacts for storm water discharges and BMPs from the
facility on endangered and threatened species, (2) It must be
current because there have been no subsequent changes in facility
operations or circumstances which might impact species in ways not
considered in the earlier authorization, and (3) The applicant must
comply with any requirements from those authorizations to avoid or
mitigate adverse effects to species. Applicants who wish to pursue
this approach should carefully review documentation for those
authorizations ensure that the above conditions are met.
If adverse effects are not likely, an applicant is eligible for
construction general permit coverage and may indicate in the NOI
that species are found in proximity and provide the necessary
certification. If adverse effects are likely, follow step 4 below.
Step 4: Determine If Measures Can Be Implemented To Avoid Any Adverse
Effects
If an applicant determines that adverse effects are likely, it
can receive coverage if appropriate measures are undertaken to avoid
or eliminate any actual or potential adverse affects prior to
applying for permit coverage. These measures may involve relatively
simple changes to facility operations such as re-routing a storm
water discharge to bypass an area where species are located.
At this stage, applicants may wish to contact the FWS and/or
NMFS to see what appropriate measures might be suitable to avoid or
eliminate adverse impacts to species.
If applicants adopt these measures, they must continue to abide
by them during the course of permit coverage.
If appropriate measures are not available, the applicant is not
eligible at that time for coverage under the construction general
permit. Applicants should contact the appropriate EPA regional
office about either:
Entering into Section 7 consultation in order to obtain
construction general permit coverage, or
Obtaining an individual NPDES storm water permit.
[FR Doc. 97-9695 Filed 4-15-97; 8:45 am]
BILLING CODE 6560-50-P