1. SW101 Large and Small Construction Denise Hamilton, EPA Region 6 8 th Annual Region 6 MS4 Operators Conference June 26, 2006

3. Source: NCTCOG Storm Water Pollution Prevention Storm Water Pollution Prevention Practices for Practices for Construction

5. Source: NCTCOG Storm Water Pollution Prevention Storm Water Pollution Prevention Practices for Practices for Construction

7. Regulated Industrial Activities: Construction Found under Category (x) of “Industrial Activity” and in “Small Construction” Land Disturbance of one or more acres –Clearing, grading or excavation Activities part of a larger common plan of development –Multiple activities within a contiguous area –Includes activities taking place on different schedules

8. “Common Plan” EX: 8-¼ acre lots in subdivision = 2 acre small construction project

9. “Common Plan” EX: 32-¼ acre lots in subdivision = 8 acre large construction project

10. Part of “Common Plan” EX: First ¼ acre lot = part of larger development project

11. “Common Plan” - Infill EX: ¼ acre lot, 4 left = part of 1 acre small construction project

12. “Common Plan” - Infill EX: ¼ acre lot, 2 left = part of ½ acre project

13. “Common Plan” – New Plan POOL EX: ¼ acre lot later adding pool => only count pool disturbance

14. “Common Plan” – ¼ Mile EX: Existing road, projects ¼ apart = part of 1/4 acre project

15. “Common Plan” – Future Plans EX: If college grows, we have area we could put new dorm someday

16. Who Needs a Permit – “Operators”... any party associated with the construction project that meets either of the following criteria: (1)The party has operational control over project specifications (including the ability to make modifications in specifications), or (2)the party has day-to-day operational control of those activities at a project site which are necessary to ensure compliance with the storm water pollution prevention plan or other permit conditions (e. g., they are authorized to direct workers at the site to carry out activities identified in the storm water pollution prevention plan or comply with other permit conditions).

17. Large Construction (Phase I) Permitting Construction General Permit (CGP) No waivers available Requires storm water pollution prevention plan and NOI

18. Small Construction (Phase II) Permitting EPA has one CGP, some states have separate large vs. small general permits Potential permit coverage for: –Construction activity that disturbs less than 1 acre of land may be designated based on water quality impact

19. Waivers for Small Construction Activities Rainfall erosivity factor less than 5 (“low rainfall erosivity”) Storm water controls are not needed based on a TMDL or equivalent assessment that addresses the pollutants of concern

20. Overview of Storm Water Construction General Permits & BMPs

21. How Do General Permits Work? Permit issued and then eligible dischargers “register” with a Notice of Intent (NOI) STEPS: –Get copy of permit –Make sure you are eligible –Prepare Pollution Prevention Plan (SWP3) –THEN submit NOI

22. How Could MS4 Permits Impact Construction? Requirement for MS4 controls on construction Requirement for MS4 controls on development and redevelopment Requirements for public involvement and participation in MS4 Storm Water Management Program QLPs?

23. CGP in a Nutshell City of Greater Bendigo, Victoria, Australia

24. What Discharges are Covered by the Permit? Storm water discharges associated with large construction (5+ acres) Storm water discharges associated with small construction (1-5 acres) Certain incidental non-storm water discharges associated with construction sites

25. What Discharges are NOT Covered by the Permit? Most non-storm water Post construction storm water discharges Discharges under another permit Discharges that would cause or contribute to non-attainment of water quality standards Discharges not consistent with a TMDL

26. Endangered Species Act and the CGP Permittees must certify on the NOI that no impacts to endangered species are likely or have previous ESA authorization for adverse effects Addendum contains guidance

27. National Historic Preservation Act and the CGP Must certify: –That discharges do not affect property that is listed, or eligible for listing, under the NHPA; or –That facility can obtain, and maintain compliance with, a written agreement with the State or Tribal Historic Preservation Officer Addendum contains guidance

28. What Goes Into a SWP3? Site information and map Best Management Practices (BMPs) you will use Records/Inspections Feedback loop on effectiveness – the SWP3 is supposed to be a “living” document

29. What BMPs must be in a SWP3? LOTS of flexibility Must include: –Site and activity description –Controls to reduce pollutants during construction –Stabilization of disturbed areas –Description of post-construction controls

53. I’ve got permit coverage, now what? Post your site sign Implement the SWP3 you developed Conduct and document your inspections – addressing any maintenance or SWP3 revisions as necessary Option to inspect every other week plus after 0.5” rain OR simply once per week – document your choice in your SWP3 (1/wk option not available in all States)

54. When can I terminate my permit? Earth disturbing activities finished and site has been finally stabilized Someone else has replaced you as the “operator” For residential construction, once site is temporarily stabilized and occupied by the homeowner (e.g, wants to put in their own lawn).

55. What are my“final stabilization” options? 70% of background vegetative cover (semi-permanent practices leading to final stabilization allowed in some states) Non-vegetative stabilization (riprap, gabions, etc.) – impervious cover used simply for stabilization should be avoided On agricultural land, return to pre-construction agricultural use (e.g., row crops, etc.)