Welcome to training on Best Management Practices for Erosion and Sediment Control

Schedule ModuleTimeActivity 18:00-8:45Introduction 28:45-9:30Erosion Fundamentals 9:30-9:45Break 39:45-11:15BMPs-Soil Stabilization 511:15-12:00BMPs-Non Storm Water 12:00-1:00Lunch 41:00-2:15 BMPs-Sediment Control 62:15-3:00Design 3:00-3:15Break 73:15-4:00Construction 84:00-4:45Maintenance 4:45-5:00Training Closeout

Interaction with MDT Expertise n Construction and Environmental staff familiar with MDT erosion and sediment control issues and the development of the new manuals are attending this training n They are available to answer questions and provide interpretation of the material presented n Discussion time will be allowed at the end of each module

Your Instructor n Stuart Jennings n Montana State University n Reclamation Research Unit n

Module 1: BMP Manual Overview and Regulatory Considerations

n What is a BMP? n Why are BMPs important? n What is contained in the new MDT BMP Manual? n What permit is required for a construction site? Learning Objectives

Definitions—What is a BMP? n BMP-Best Management Practice for temporary erosion control n ESC-Erosion and Sediment Control

Why do we need BMPs? n The Clean Water Act (1972) n 1996 National Water Quality Impairment Survey n Polluted runoff is a leading source of water degradation n Total Maximum Daily Loads (TMDL) n Decrease highway maintenance costs

How do we know how to select the appropriate BMP? n BMP Manual and Field Guide n Evaluation of site conditions n Experience n Training

BMP Tools and Resources n BMP Manual n BMP Field Guide n BMP Course and Notes n Websites EPA Stormwater Program DEQ Water Protection Bureau

Purpose of the Manual and Field Guide n BMP Resources: provide technical and process- related BMP information BMP selection BMP specifications BMP integration with construction design Regulatory requirements

Goals of the BMP Training Course n Provide overview of new BMP manual n Promote understanding of regulatory requirements, inspection criteria, and penalties n Help improve BMP selection and implementation n Provide an experience forum for case studies: what works and doesn’t work

Course Components (Modules) n BMP Manual Overview and Regulatory Considerations n Erosion, Sediment, and Vegetation Fundamentals n Soil Stabilization BMPs (Group 1) n Sediment Control BMPs (Group 2) n Other BMPs (Group 3) n BMP Selection Criteria and Design Process n Construction and Implementation of SWPPP n BMP Inspection, Maintenance, and Removal

Montana Law and Storm Water Permitting

Montana Code Annotated (MCA) 2001 n TITLE 75. ENVIRONMENTAL PROTECTION CHAPTER 5. WATER QUALITY n (29) (a) "State waters" means a body of water, irrigation system, or drainage system, either surface or underground. (b) The term does not apply to: (i) ponds or lagoons used solely for treating, transporting, or impounding pollutants; or (ii) irrigation waters or land application disposal waters when the waters are used up within the irrigation or land application disposal system and the waters are not returned to state waters.

Montana Code Annotated (continued) n Policy. It is the public policy of this state to: (1) conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses; (2) provide a comprehensive program for the prevention, abatement, and control of water pollution.

Montana Code Annotated (continued) 25) (a) "Pollution" means: (i) contamination or other alteration of the physical, chemical, or biological properties of state waters that exceeds that permitted by Montana water quality standards, including but not limited to standards relating to change in temperature, taste, color, turbidity, or odor; or (ii) the discharge, seepage, drainage, infiltration, or flow of liquid, gaseous, solid, radioactive, or other substance into state water that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, or welfare, to livestock, or to wild animals, birds, fish, or other wildlife. (b) A discharge, seepage, drainage, infiltration, or flow that is authorized under the pollution discharge permit rules of the board is not pollution under this chapter.

Pollution Authorization

Storm Water Permitting Authority n Tribal Lands (EPA) n All other lands within the State of Montana (Montana Department of Environmental Quality)

General Permit for Storm Water Discharge associated with construction Activity (obtained from DEQ) n Part I. Coverage provided by General Permit n Part II. Effluent Limitations and Special Conditions n Part III. Monitoring, Reporting, Record Keeping n Part IV. Storm Water Pollution Prevention Plan (SWPPP) n Part V. Standard Conditions

General Permit Summary n Identify areas that may contribute pollutants to surface waters n Ensure that minimal sediment reaches surface water using erosion and sediment control measures n Develop and implement a Storm Water Pollution Prevention Plan (SWPPP)

General Permit Part I. Coverage provided n Construction disturbances >1 acre require permitting n All discharges must be in accordance with the SWPPP n Notice of Intent (NOI) Package must be submitted to DEQ n NOI Package contains standard NOI form, SWPPP and application fee

NOI Form n Name and address of operator(s) n Contact person telephone number n Project name and location n Name of receiving surface water n Construction schedule n Estimated area of disturbance Located on pages C-2 and D-2 of Reference Manual

General Permit Part II. Effluent Limitations and Special Conditions n All discharges to surface water must be composed entirely of stormwater n No discharge of process wastewater n Stormwater discharges must not cause or contribute to water quality standard violations n BMPs must be maintained in accordance with SWPPP

General Permit Part III. Monitoring, Reporting, Record Keeping n All erosion and sediment control measures must be inspected and maintained by the operator at least once every 14 days and within 24 hours of any storm event of 0.5 inches or greater n DEQ must be notified in writing within 2 days of the detection of any significant spill or release n Copy of SWPPP must be available on-site n Uncontrolled releases must be documented

“significant sediment” n Mud, dirt, sediment, or similar material exceeding 1.0 cubic foot in volume which is deposited in any area of 100 square feet or less on public or private streets or property adjacent to the construction site.

General Permit Part IV. Storm Water Pollution Prevention Plan (SWPPP) n Operator shall develop a SWPPP and submit a copy at the same time as the NOI form n Operator shall implement the SWPPP at the time construction activity commences n Operator is responsible for for ensuring SWPPP requirements stated in the General Permit are complied with Blank SWPPP located in Appendix E of the Reference Manual Example SWPPP located in Appendix F of the Reference Manual

SWPPP (continued) n The SWPPP may include any erosion and sediment control measures or BMPs including but not limited to the use of sediment basins, berms, barriers, filter strips, covers, diversion structures, seeding, and sodding

The SWPPP must include maps(s) indicating: n Areas of disturbance n Drainage patterns n Location of BMPs n Revegetation areas n Location of Impervious structures n Location of all surface waters n Location of 100 year floodplain

SWPPP (cont.) n Must include BMP description n Must preserve existing vegetation n None of temporary BMPs shall be removed until permanent vegetation and site stabilization has taken place n BMPs must minimize or prevent “significant sediment” from leaving the construction site

Notice of Termination (NOT) Form n Where a site has been finally stabilized the operator of a site shall submit a Notice of Termination to DEQ n “final stabilization” means all soil disturbing activities have been completed and a vegetative cover has been established with a density of at least 70 percent of the pre-disturbance levels Located on page G-2 and H-2 of the Reference Manual Appendices

Storm Water Compliance n DEQ expects all permit holders to be in compliance with the provisions of the General Permit and the site specific SWPPP n DEQ will conduct inspections n DEQ will issue fines for non-compliance

Fines for non-compliance n Civil penalties (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this chapter or a rule, permit, effluent standard, or order issued under the provisions of this chapter, the person is subject to a civil penalty not to exceed $25,000. Each day of violation constitutes a separate violation.

Fines for non-compliance n Criminal penalties. A person who willfully or negligently violates or any pretreatment standard established pursuant to this chapter is guilty of an offense and, upon conviction, is subject to a fine not to exceed $25,000 per day of violation or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, subsequent convictions subject a person to a fine of not more than $50,000 per day of violation or imprisonment for not more than 2 years, or both

Montana DEQ Contact Information n On the Web ( erConstruction.asp) erConstruction.asp n On the phone Water Protection Bureau Brian Heckenberger Spencee Willett Gail Faber

BMPs Examples Inlet Protection

BMPs Examples Silt Fence used to protect wetlandNo BMPs in place, wetland below

BMPs Examples

Aggregate stabilized construction entrance Muddy construction entrance

Consequences of BMPs

Module 1 Review n BMPs are required at construction sites larger than 1 acre n MDT has prepared a new BMP Manual n DEQ Requires a permit for each construction project n A site-specific SWPPP must be developed and implemented n BMPs must be maintained until the site is stable