The new sf bay area municipal regional permit (mrp 2.0) MODULE 5

Regulatory History SF Bay Area = REGION 2 Originally 6 separate Phase I MS4 permits combined into one MRP Original MRP (R2-2009-0074 / R2-2011-0083) effective 12/09/09 MRP 2.0 (R2-2015-0049) EFFECTIVE 1/01/16

What’s Different in MRP 2.0? MAJOR Changes to Provision C.3 Green Infrastructure (GI) Requirements Special Projects O&M Inspections No grandfathering for pre-C.3 projects if construction had not started by 1/01/16 (MRP effective date)

Green Infrastructure (GI) Provision C.3.j. in the MRP Implement Low Impact Development (LID) on all projects as defined by C.3.b.ii. (“Regulated Projects”) Disconnect/treat impervious surfaces Reduce adverse water quality impacts of urban runoff/urbanization Reduce PCB and mercury levels and meet TMDL requirements

Green Infrastructure Plan Must maintain a list of GI projects Framework for Plan due by 6/30/17 (2017 Annual Report) Must be approved by local governing body (mayor, city/county manager, etc.) Final, completed Plan due by 9/15/19 (2019 Annual Report)

What’s in the GI Plan? Mechanism for prioritization and mapping of potential and planned projects, both public and private, for GI on a drainage-specific basis Targets for retrofitting of impervious areas Both within the timeframe of by 2020, 2030, and 2040 Design Guidelines and Standard Specifications for GI See C.3.j.i. for further requirements These are the main requirements

PCB Monitoring Requirements The MRP requires municipalities in Alameda, Contra Costa, San Mateo and Santa Clara Counties and the cities of Fairfield-Suisun and Vallejo (Pemittees) to reduce controllable sources of PCBs that can be mobilized by stormwater runoff and transported to receiving waters. The Permit takes a phased approach by requiring several pilot-scale projects, which will be evaluated for effectiveness in reducing loads of PCBs. These include: Evaluate managing PCBs in construction materials, such as caulk, that can be released to the environment during demolition and renovation. Identify and abate areas with high PCB concentrations. Evaluate enhanced sediment removal and management practices for stormwater conveyances, such as city street sweeping, pump station cleaning. Evaluate on-site stormwater treatment retrofits, Evaluate diversion of dry weather flows and first flush runoff for treatment (e.g. at a wastewater treatment plant).

Construction General Permit and Stormwater Pollution Prevention Plans Requirements for Projects Greater than 1 Acre

Permit Registration Documents Permit Registration Documents (PRDs) need to be submitted before start of construction and include: Notice of Intent (NOI) Site Map Risk Assessment and Stormwater Pollution Prevention Plan Annual Fee Signed Certification Statement

Notice of Intent The Notice of Intent (NOI) is to notify the RWQCB of a project, provide information on how compliance with the CGP will be maintained on the project, and request approval of the RWQCB to begin soil disturbing operations. A successful NOI process results in enrolling a project under the permit.

Site Map Your site map should include the following information: Drainage patterns and approximate slopes anticipated after major grading activities Areas of soil disturbance Outline of areas which may not be disturbed Locations of major structural and non structural controls Locations of expected stabilization practices Locations of surface waters/wetlands Locations where stormwater is discharged to a surface water or MS4

What is a SWPPP? This is the most important PRD and the only one that cannot be completed through the online Stormwater Multi-Application Reporting and Tracking System (SMARTS)…more on that later The SWPPP is a requirement of the State Construction General Permit (CGP) which regulates construction projects larger than one acre or projects that are a part of a larger plan of development.   Once your SWPPP is developed, the rest of your PRDs can be completed through SMARTS

What is a SWPPP? (cont’d) Document that summarizes construction site compliance activities Reflects the Risk Level Identifies Qualified SWPPP Practitioner/Qualified SWPPP Developer Includes (depending on Risk Level): Monitoring Requirements Inspection Requirements/Logs Sampling Locations Erosion and Sediment Control Drawings BMPs to be used

Legally Responsible Person The Legally Responsible Person (LRP) is straightforward when the project is a private development (residential, commercial) but when it is a public project the agency is the LRP and they require the contractor to include the SWPPP in their bid (preparation and implementation).

Requirements of the SWPPP In the case of a public project, the contractor almost always under bids the SWPPP and does a poor job in implementing. Ultimately, the agency is the LRP and therefore they are on the hook to comply with the permit so they hire firms, like Drake Haglan, to provide 3rd party inspection to regulate the contractor. This process is costly because the agency is paying twice to implement the SWPPP.

SWPPP Certifications Another issue is the required certifications, QSD and QSP. These certifications came out of the 2009 CGP due to the lack of knowledge from the contracting community in preparing and implementing the SWPPPs.

QSD A Qualified SWPP Developer (QSD) is the higher certification of the two and allows the person to prepare the SWPPP. There are several prerequisite licenses you must hold to become a QSD, the PE being one of them. This is difficult for contractors so they have to hire a firm to prepare the SWPPP unless they have someone on staff with the required prerequisite licenses.

QSP A Qualified SWPPP Practitioner (QSP) is the certification that allows a person to implement the SWPPP at the job site during construction. They can only implement, they cannot prepare or make significant changes to the SWPPP. The prerequisite certifications are CPESC and CESSWI which are easier to obtain. Contractors generally have QSP’s on staff.

Circumstances affecting a SWPPP Another issue with implementing the SWPPP is that it is heavily dependent on the amount of rain received during construction. Therefore the cost to implement is unknown.

Do You Always Need a SWPPP? No, a project requires a SWPPP when: The area of disturbance is greater than 1 acre; and/or There is the possibility that stormwater could run off of your site (This is almost always the case, however, if the topography of your site is such that there is no possibility that rainfall or snow melt could leave the site or enter a waterway under any condition, you would not need permit coverage.) What if your project is disturbing more than an acre but there is no chance for stormwater run off during construction? File a Rainfall Erosivity Waiver

Rainfall Erosivity Waiver Current stormwater regulations allow NPDES permitting authorities to waive NPDES permitting requirements for stormwater discharges from small construction sites if: the construction site disturbs less than five acres, and the rainfall erosivity factor (“R” in the revised universal soil loss equation, or RUSLE) value is less than five (5) during the period of construction activity. Small construction sites that qualify for the waiver generally take place during a relatively short time in arid or semi-arid areas. Note that the permitting authority has the option to not allow waivers for small construction activity even if the R factor is below 5 if the project is in an area where watersheds are known to be heavily impacted by or sensitive to sedimentation

Rainfall Erosivity Factor What is the Rainfall Erosivity Factor or R Factor? Measures the impact that rainfall has on erosion from a particular site How is it calculated? Traditionally, the R Factor was calculated by hand using the Erosivity Index (EI) Zone Map to determine which EI zone the project is in which was then cross-referenced to the EI Table and the R Factor extrapolated based on the construction start and end dates. Multiple calculations would have to be done if the project spanned more than one year. Now, the EPA has a handy online calculator that calculates the R Factor based on the construction start and end date and the location of the project. https://www.epa.gov/npdes/rainfall-erosivity-factor-calculator-small-construction-sites#getTool

What’s Next? You’ve calculated your R Factor and it’s greater than 5, what now? You need to determine which Risk Level SWPPP will be required Each project is evaluated for sediment discharge risk and receiving water risk (another handy spreadsheet calculator: http://www.swrcb.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_2009_0009_app_1.xls) Permit requirements (i.e. monitoring, sampling, and BMPs) increase with risk level. Risk Level 2 and 3 sites must collect stormwater samples and analyze the samples for pH and turbidity.

SWPPP Risk Levels and Requirements projects will be subject to minimum BMP and visual monitoring requirements Risk Level 2 projects will be subject to NALs and some additional monitoring requirements including Rain Event Action Plans (REAPs), and Risk Level 3 projects will be subject to NELs, and more rigorous monitoring requirements including REAPs and receiving water monitoring and in some cases bioassessment.

Numeric Action Levels (NAL) and Numeric Effluent Limits (NEL) Risk Level 2 and 3 projects must collect samples from runoff and test for pH and turbidity.   Evaluation of BMPs and corrective action is required when NALs are exceeded.  An NEL exceedance is a violation of the Construction General Permit, which can result in enforcement action by the local Regional Water Quality Control Board (RWQCB).

Rain Event Action Plans Required of Risk Levels 2 & 3 QSP must develop a REAP 48 hours prior to any likely precipitation event. A likely precipitation event is any weather pattern that is forecast to have a 50% or greater probability of producing precipitation in the project area. The QSP must obtain a printed copy of precipitation forecast information from the National Weather Service Forecast Office entering the zip code of the project’s location at: http://www.srh.noaa.gov/forecast

Best Management Practices Attachments C, D, and E of the Construction General Permit define what BMPs are required for each Risk Level. Typical BMPs include: Good Site Management “Housekeeping” Non‐stormwater Management Erosion Controls Sediment Controls Run‐on and Runoff Controls

Stormwater Multi Application Reporting and Tracking System (SMARTS) You have your SWPPP completed, now you need the rest of your PRDs and this is accomplished through SMARTS What is SMARTS? SMARTS was developed as an online database for dischargers to electronically file their storm water permit documents. The system allows the Region and State Board staff, as well as the public, to access storm water data through submitted documents.

RWQCB Inspections From time to time the RWQCB will conduct inspections under both the MRP and CGP Inspections can be random or RWQCB may inspect your site if a staff member receives a complaint about a non-compliant site

How do you remain in compliance? Ensure that the QSP completes all administrative requirements, including: Inspections and SWPPP maintenance The SWPPP map should always show exactly which BMPs are installed. It’s the first thing an inspector will ask to see during an inspection! Never allow trackout Prevent trash from blowing off the site Concrete washouts must be water tight Always be forthright with Regional Board inspectors. If a BMP breaks, somebody has to fix it!

Helpful Websites: https://www.epa.gov/waterdata/rainfall-erosivity-factor-calculator http://www.waterboards.ca.gov/rwqcb2/water_issues/programs/stormwater/Municipal/index.shtml https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.xhtml