1. Overview of Changes to OKR10
Carrie J. Evenson, Ph.D.
Environmental Programs Specialist IV
Industrial Wastewater Enforcement Section
Water Quality Division
Department of Environmental Quality

2. Outline Permit Drafting Process Overview of Changes
Application Process

3. Permit Drafting Process
Reviewed EPA’s current CGP
Developed draft of DEQ CGP
Conducted Stakeholder Advisory Committee and DEQ Work Group meetings to discuss proposed changes between December 2011 and February 2012
Submitted final draft to EPA for review on March 20, 2012

4. Permit Drafting Process
Received and addressed comments from EPA on June 22, 2012
Opened public comment period on June 29, 2012
Closed public comment period on July 31, 2012
Addressed public comments
Issued CGP on August 13, 2012
Effective September 13, 2012

5. Stakeholder Advisory Committee
Aaron Milligan – SW Manager, Norman
Craig Thurmond – Builder, Thurmond Consulting INC.
Jason Vogel – Professor, OSU
Geoff Canty – Consultant, formerly with EST INC.
Richard McKown – Developer, Green Earth Land Design LLC
Kevin Burgess – Biologist, USFWS
Richard Smith - Manager, INCOG
Steven Barnett – Contractor, K & R Builders INC.
Michele Dolan – Stormwater Coordinator, ODOT
Mike Means – Executive Vice President, Oklahoma State Home Builders Association

6. Permit Location OKR10 can be found here:

7. Areas of Change Definition changes
Impaired, outstanding, & sensitive waters requirements
Endangered species provisions
Stormwater discharges from asphalt and concrete batch plants
Stormwater pollution prevention plans
Buffer requirements
Form changes

8. Definition Changes

9. Definition Changes Defined new terms: Temporary stabilization
To provide temporary cover:
During establishment & growth of vegetation, and/or
In areas where earth-disturbing activities will occur again
Final stabilization
To provide permanent cover and qualify for permit termination

10. Definition Changes “Owner/Operator” replaced with “Operator”
Clarified use of term
“Owner” = individual who owns structure or land
Doesn’t necessarily imply operational control of construction activities
Established “primary operator” and “secondary operator”
Primarily for use with larger common plans of development with multiple parties meeting definition of “operator”

11. Definition of an Operator
Primary operator
Elected to obtain permit coverage for all discharges at a construction site
Responsibilities
Ensuring sufficient overall controls at site
Developing and maintaining SWP3
Identifying all secondary operators and areas where they are active
Ensuring secondary operators are aware of SWP3 requirements and BMPs applicability to their activities

12. Definition of an Operator
Secondary operator
May obtain separate permit coverage and develop SWP3 for their areas of activity
Responsibilities:
Must be familiar with and abide by primary operator’s permit and SWP3
Must notify primary operator prior to beginning earth disturbing activities
Must avoid damaging or interfering with BMP effectiveness

13. Impaired, Outstanding, & Sensitive Waters

14. 2005
2012

16. Outstanding or Sensitive Waters Requirements
For sites discharging to Outstanding Resource Water (ORW) or Aquatic Resource of Concern (ARC)
Indicate on NOI and/or address in SWP3
Inspection frequency
Changed from once every 14 days to once every 7 days and within 24 hours of ≥ 0.5 inch storm event
Stabilization requirements
Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased
Completed within 7 days

17. Outstanding or Sensitive Waters Requirements
For sites discharging to Outstanding Resource Water (ORW) or Aquatic Resource of Concern (ARC)
100 ft buffer zone required
Alternately, use Addendum I “Buffer Guidance” for equivalent controls
Temporary or permanent sediment basin required for areas that serve an area with ≥5 acres disturbed
Corrective actions required

18. Impaired Waters Requirements
Defined new term:
Impaired water or water quality impaired water
Identified by State or EPA pursuant to Section 303(d) or the Clean Water Act as not meeting applicable State water quality standards
Includes
Waters with approved or established TMDLs, and
Waters for which a TMDL has not yet been established or approved

19. Impaired Waters Requirements
For sites within one mile of streams impaired for sediment:
Indicate on Notice of Intent
Inspection frequency
Changed from once every 14 days to once every 7 days and within 24 hours of ≥ 0.5 inch storm event
Stabilization requirements
Initiated immediately following day earth-disturbing activities have temporarily or permanently ceased
Completed within 7 days

20. Endangered Species Provisions

21. Endangered Species Provisions
Eligibility criteria
Not located within corridors of Aquatic Resources of Concern (ARC)
Located within a corridor of an ARC but SWP3 describes area and specifies measures to be employed to protect species or habitat
Contact DEQ, not USFWS, when applicants don’t meet the criteria

22. Concrete and Asphalt Batch Plants

23. Concrete and Asphalt Batch Plants
Support activity criteria
Directly related to construction site with OKR10 permit coverage
Is NOT a commercial operation serving multiple unrelated construction projects
BMPs for support activity are identified in construction site’s SWP3
Is NOT located within watershed of ORW

24. Concrete and Asphalt Batch Plants
Monitoring and reporting requirements from OKR05 added to OKR10 (see Addendum G)
Must meet same requirements as plants with OKR05 coverage including:
Conducting quarterly visual monitoring
Completing at least annual site inspections
Submitting Annual Comprehensive Site Compliance Evaluation reports (ACSCERs)

25. Concrete and Asphalt Batch Plants
ACSCERs
Annual review of the plant as well as SWP3
Completed using findings from annual comprehensive site inspection
Submitted to DEQ by March 1st of each year
Reported using DEQ Form

26. Concrete and Asphalt Batch Plants
For asphalt batch plants only:
Numeric effluent limitation monitoring (NELM) applies
Must sample stormwater discharge at least once per year for following parameters:

27. Concrete and Asphalt Batch Plants
For asphalt batch plants only:
NELM continued:
Analyses to be conducted by DEQ certified laboratory
NELM results to be submitted to DEQ on Discharge Monitoring Reports (DMR) annually by March 1st
DMR form can be found at: http;//
For construction projects lasting less than one year
Collect at least one NELM sample
Conduct quarterly visual monitoring
Submit ACSCER

28. SWP3 Requirements

29. SWP3 Requirements Added “practice of engineering” reference:
“Use of a licensed professional engineer (PE) for SWP3 preparation is not required by the permit. However, if any part of the SWP3 involves the practice of engineering, then those engineering practices and designs are required to be prepared by a licensed professional engineer.”

30. SWP3 Requirements
Modified content of SWP3 to be consistent with EPA’s construction stormwater general permit
Added “Corrective Action” provision
Complete corrective action within 7 days from the time of discovery
Document corrective action in SWP3 within 7 days of completion

31. SWP3 Requirements
Must address all non-numeric effluent limitation guidelines
Erosion and sediment control
Stabilization
Pollution prevention
Must address monitoring requirements for support activities
Straw/hay bale barriers no longer allowed as erosion or sediment control

32. Buffer Requirements

33. Buffer Requirements Two (2) buffer requirements (see Addendum I)
Discharging into receiving water located on or immediately adjacent to your site
Provide 50 feet of natural buffer as measured from the top of the bank to disturbed portions of the site
Discharging to the watershed of ARC and/or ORW
Provide 100 feet of vegetated buffer between area disturbed and all perennial or intermittent streams; or 50 feet of vegetated buffer between area disturbed and all ephemeral streams or drainages.

34. Buffer Requirements Types of Streams Perennial Intermittent Ephemeral
Flow year-round
Intermittent
Flow periodically/seasonally when there is enough water from various sources
Ephemeral
Exist for short periods of time, usually during a rainy period
May have defined channels even when they are dry

35. Buffer Requirements Three compliance alternatives
Alternative 1: Provide and maintain a 50/100-foot natural buffer
Alternative 2: Provide and maintain >50/100-foot buffer and install additional erosion and sediment controls
Alternative 3: Implement equivalent erosion and sediment controls to achieve the same sediment load reduction as provided by a 50/100 foot natural buffer if natural buffer of any size is infeasible

36. Buffer Requirements
Natural buffers and equivalent sediment controls don’t apply when:
Water crossings, limited water access, and stream restoration authorized under a Clean Water Act (CWA) Section 404 permit exist
No natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces)

37. Form Changes

38. Notice of Intent (NOI) Changes
New fees:
Referenced in Oklahoma Administrative Code 252:606 Appendix D
Application fee = $100
Submit once with NOI
Permit fee = $330 + Consumer Price Index adjustment
Currently $340.56
Prorated for first year

39. Notice of Intent (NOI) Changes
Added “Purpose of Project”
To describe project and allow DEQ to determine if permit is required
Example: Stone Briar Farms

40. Notice of Intent (NOI) Changes
Added new check box

41. Notice of Intent (NOI) Changes
Added new certification statements

42. Application Process

43. Application Process
For sites permitted with DEQ as of September 12, 2012:
If complete, submit Notice of Termination and pay annual permit fee
If still under construction, submit Notice of Intent (NOI) no later than December 13, 2012
Permit and application fees were invoiced in October
Pay that invoice
Do NOT submit additional application fee with NOI

44. Application Process For sites where operator changes:
Submit NOI form from new permit indicating “Modification” at least 2 days before assuming operational control
Include application fee with NOI
Only submit SWP3 if the project is located:
Within Outstanding Resource Waters
Within a Federal and State ARC
Within a larger site which is disturbing land of 40 or more acres.

45. Application Process
For new construction sites/developments permitted after September 12, 2012:
Submit NOI form from new permit at least 30 days prior to start of earth disturbing activities
Include application fee with NOI
Only submit SWP3 if the project is located:
Within Outstanding Resource Waters
Within a Federal and State ARC
Within a larger site which is disturbing land of 40 or more acres.

46. Application Process For all: Mail to:
DEQ/Environmental Complaints and Local Services (ECLS)
Storm Water Unit
P.O. Box 1677
Oklahoma City, OK
FAX (405)
Make checks payable to “Oklahoma Department of Environmental Quality”

47. DEQ Stormwater Contacts
Permitting
Mark Derichsweiler – (405)
Karen Milford – (405)
Permit Administration
Matt Pace - (405)
Amber McIntyre - (405)
Matt Johnson- (405)
Compliance/Enforcement
Wayne T. Craney - (405)
Bob Giger (North) - (405)
Michele Loudenback (West)– (405)
Joe Willingham (South) - (405)

48. Questions, Comments, Discussion