Stormwater and ConstructionStormwater and ConstructionStormwater and Construction Stormwater and Construction Activity Activity

N R l ti d E f tN R l ti d E f tNew Regulations and EnforcementNew Regulations and Enforcement

Matthew P. CoglianeseMatthew P. CoglianeseP&AP&AP&AP&A

Why Do EPA/DEP Care?Why Do EPA/DEP Care?Why Do EPA/DEP Care?Why Do EPA/DEP Care?

1.1. Soil and sediment runoff is a major Soil and sediment runoff is a major 1.1. Soil and sediment runoff is a major Soil and sediment runoff is a major cause of water quality problems and it cause of water quality problems and it reduces the depth of small streams, reduces the depth of small streams, lakes and reservoirs. lakes and reservoirs.

2.2. How big of a problem is it?How big of a problem is it?3.3. What are the agencies planning to do What are the agencies planning to do

about it?about it?

Current Regulatory StructureCurrent Regulatory StructureCurrent Regulatory StructureCurrent Regulatory StructureConstruction ActivityConstruction Activityyy

State of Florida Erosion and Sediment Control State of Florida Erosion and Sediment Control Designer and Reviewer Manual June 2007Designer and Reviewer Manual June 2007Designer and Reviewer Manual June 2007Designer and Reviewer Manual June 2007Brochure on the Florida NPDES Stormwater Brochure on the Florida NPDES Stormwater Permitting Program for Construction ActivityPermitting Program for Construction ActivityEPA Stormwater Pollution Prevention Plans for EPA Stormwater Pollution Prevention Plans for Construction ActivitiesConstruction ActivitiesEPA's Storm Water Management for Construction EPA's Storm Water Management for Construction EPA s Storm Water Management for Construction EPA s Storm Water Management for Construction Activities: Developing Pollution Prevention Plans Activities: Developing Pollution Prevention Plans and Best Management Practices (10/01/92). and Best Management Practices (10/01/92).

Current SystemCurrent SystemCurrent SystemCurrent System

Large construction activityLarge construction activity is is Large construction activityLarge construction activity is is defined as activity that:defined as activity that:––Disturbs five acres or greater of land or Disturbs five acres or greater of land or ––Disturbs five acres or greater of land, or Disturbs five acres or greater of land, or ––Disturbs less than five acres of land that Disturbs less than five acres of land that

is part of a larger common plan of is part of a larger common plan of is part of a larger common plan of is part of a larger common plan of development or sale that will ultimately development or sale that will ultimately disturb five acres or greater.disturb five acres or greater.gg

Current SystemCurrent SystemCurrent SystemCurrent SystemSmall construction activitySmall construction activity is defined as activity that:is defined as activity that:

Disturbs equal to or greater than one and less than five Disturbs equal to or greater than one and less than five acres of land, or acres of land, or Disturbs less than one acre of land that is part of a larger Disturbs less than one acre of land that is part of a larger Disturbs less than one acre of land that is part of a larger Disturbs less than one acre of land that is part of a larger common plan of development or sale that will ultimately common plan of development or sale that will ultimately disturb between one and five acres.disturb between one and five acres.DisturbanceDisturbance includes , but is not limited to soil includes , but is not limited to soil disturbance clearing grading and excavationdisturbance clearing grading and excavationdisturbance, clearing, grading, and excavation.disturbance, clearing, grading, and excavation.A A larger common plan of development or salelarger common plan of development or sale is an is an area where multiple, separate, and distinct construction area where multiple, separate, and distinct construction activities may be taking place at different times and at activities may be taking place at different times and at diff t h d l d l diff t h d l d l different schedules under one plan. different schedules under one plan.

An An operatoroperator is the entity that owns is the entity that owns An An operatoroperator is the entity that owns is the entity that owns or operates the construction activity or operates the construction activity and that has authority to control and that has authority to control and that has authority to control and that has authority to control those activities at the project those activities at the project necessary to ensure compliance with necessary to ensure compliance with necessary to ensure compliance with necessary to ensure compliance with the terms of the permit.the terms of the permit.

The Construction General PermitThe Construction General PermitA A CGPCGP Notice of Intent (NOI)Notice of Intent (NOI) | | WordWord (DEP Form 62(DEP Form 62 621 300(4)(b)) 621 300(4)(b)) A A CGPCGP Notice of Intent (NOI)Notice of Intent (NOI) | | WordWord (DEP Form 62(DEP Form 62--621.300(4)(b)) 621.300(4)(b)) must be submitted online using must be submitted online using Interactive Notice of Intent (iNOI)Interactive Notice of Intent (iNOI) or by or by paper copy to the paper copy to the NPDES Stormwater Notices CenterNPDES Stormwater Notices Center to obtain permit to obtain permit coverage. coverage. A A stormwater pollution prevention plan (SWPPP)stormwater pollution prevention plan (SWPPP) must be developed must be developed

d i l t d t b i li ith th itd i l t d t b i li ith th it S th CGP S th CGP and implemented to be in compliance with the permit.and implemented to be in compliance with the permit. See the CGP, as See the CGP, as well as SWPPP guidance provided below, for details. well as SWPPP guidance provided below, for details. State of Florida Erosion and Sediment Control Designer and Reviewer State of Florida Erosion and Sediment Control Designer and Reviewer Manual June 2007Manual June 2007Guidance & Template for Stormwater Pollution Prevention PlansGuidance & Template for Stormwater Pollution Prevention PlansGuidance & Template for Stormwater Pollution Prevention PlansGuidance & Template for Stormwater Pollution Prevention PlansEPA's Stormwater Pollution Prevention Plans for Construction ActivitiesEPA's Stormwater Pollution Prevention Plans for Construction ActivitiesStorm Water Management for Construction Activities: Developing Pollution Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices (10/01/92)Prevention Plans and Best Management Practices (10/01/92). . –– A A Notice of Termination (NOT)Notice of Termination (NOT) | | WordWord (DEP Form 62(DEP Form 62--621.300(6)) must be 621.300(6)) must be

b itt d b itt d lili b t th b t th NPDES St t N ti C tNPDES St t N ti C t t t submitted submitted onlineonline or by paper copy to the or by paper copy to the NPDES Stormwater Notices CenterNPDES Stormwater Notices Center to to discontinue permit coverage.discontinue permit coverage. Permit coverage may be terminated when the Permit coverage may be terminated when the eligibility requirements for termination specified in the CGP are met. eligibility requirements for termination specified in the CGP are met.

Stormwater Pollution Prevention Stormwater Pollution Prevention Pl f C i A i i iPl f C i A i i iPlans for Construction Activities Plans for Construction Activities Developing Your Stormwater Developing Your Stormwater Developing Your Stormwater Developing Your Stormwater Pollution Prevention Plan: A Guide for Pollution Prevention Plan: A Guide for Construction SitesConstruction SitesConstruction SitesConstruction Sites––SWPPP TemplatesSWPPP Templates

Sample Inspection FormSample Inspection Form––Sample Inspection FormSample Inspection Form

--http://cfpub.epa.gov/npdes/stormwaterhttp://cfpub.epa.gov/npdes/stormwater/swppp cfm#guide/swppp cfm#guide/swppp.cfm#guide/swppp.cfm#guide

So what’s new?So what’s new?So, what s new?So, what s new?

The New Rule & It’s EvolutionThe New Rule & It’s EvolutionThe New Rule & It s EvolutionThe New Rule & It s Evolution––ELG’sELG’s and and NSPS’sNSPS’s

Rule requires construction site owners and Rule requires construction site owners and operators to implement a range of erosionand sediment control measures and

ll ti ti ti t t l pollution prevention practices to control pollutants in discharges from construction sites.

The rule requires certain construction The rule requires certain construction site owners and operators to sample stormwater discharges and comply stormwater discharges and comply with a numeric standard for the pollutant turbidity in these pollutant turbidity in these discharges starting in August of 20112011.

The final rule is intended to work in The final rule is intended to work in concert with existing state and local programs adding a technology-programs, adding a technologybased “floor” that establishes minimum requirements that apply minimum requirements that apply nationally

The rule requires all construction site The rule requires all construction site owners and operators to implement a range of erosion and sediment a range of erosion and sediment control best management practices (BMPs) to reduce pollutants in (BMPs) to reduce pollutants in stormwater discharges

Permittees are also required to Permittees are also required to implement a range of pollution prevention measures to control pdischarges from activities such as dewatering and concrete washout. The rule contains stringent requirements for soil stabilization as

ll well.

Phased Approach to Numeric Phased Approach to Numeric Li i iLi i iLimitationsLimitations

Construction sites that disturb 20 or more Construction sites that disturb 20 or more acres at one time:– conduct monitoring of discharges and comply g g

with the numeric limitation beginning 18 months after the effective date of the final rule rule.

– Beginning four years after the effective date of the final rule, the monitoring requirements and numeric limitation will apply to all sites that disturb 10 acres or more.

ImplementationImplementationImplementationImplementation

The implementation date of the new The implementation date of the new requirements will vary depending on when states reissue their permits when states reissue their permits and whether projects are covered by individual or general permitsindividual or general permits

Examples of New RequirementsExamples of New RequirementsExamples of New RequirementsExamples of New Requirements(a) (a) Erosion and Sediment ControlsErosion and Sediment Controls. . (a)(a) os o a d Sed e t Co t o sos o a d Sed e t Co t o s–– Design, install and maintain effective erosion Design, install and maintain effective erosion

controls and sediment controls to minimize the controls and sediment controls to minimize the discharge of pollutants At a minimum such discharge of pollutants At a minimum such discharge of pollutants. At a minimum, such discharge of pollutants. At a minimum, such controls must be designed, installed and controls must be designed, installed and maintained to: maintained to:

(1) Control stormwater volume and velocity within (1) Control stormwater volume and velocity within (1) Control stormwater volume and velocity within (1) Control stormwater volume and velocity within the site to minimize soil erosion; (2) Control the site to minimize soil erosion; (2) Control stormwater discharges, including both peak flow stormwater discharges, including both peak flow rates and total stormwater volume, to minimize rates and total stormwater volume, to minimize ,,erosion at outlets and to minimize downstream erosion at outlets and to minimize downstream channel and streambank erosion; (3) Minimize the channel and streambank erosion; (3) Minimize the amount of soil exposed during construction activity; amount of soil exposed during construction activity; (4) Minimize the disturbance of steep slopes;(4) Minimize the disturbance of steep slopes;(4) Minimize the disturbance of steep slopes;(4) Minimize the disturbance of steep slopes;

Examples of New RequirementsExamples of New RequirementsExamples of New RequirementsExamples of New Requirements–– (5) Minimize sediment discharges from the site. The (5) Minimize sediment discharges from the site. The

d i i ll i d i f i d d i i ll i d i f i d design, installation and maintenance of erosion and design, installation and maintenance of erosion and sediment controls must address factors such as the sediment controls must address factors such as the amount, frequency, intensity and duration of amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, precipitation, the nature of resulting stormwater runoff, precipitation, the nature of resulting stormwater runoff, precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil and soil characteristics, including the range of soil particle sizes expected to be present on the site; particle sizes expected to be present on the site;

–– (6) Provide and maintain natural buffers around surface (6) Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, sediment removal and maximize stormwater infiltration, unless infeasible; andunless infeasible; and(7) Minimize soil compaction and unless infeasible (7) Minimize soil compaction and unless infeasible –– (7) Minimize soil compaction and, unless infeasible, (7) Minimize soil compaction and, unless infeasible, preserve topsoil. preserve topsoil.

(b) (b) Soil StabilizationSoil Stabilization. Stabilization of disturbed areas . Stabilization of disturbed areas must at a minimum be initiated immediately whenever must at a minimum be initiated immediately whenever must, at a minimum, be initiated immediately whenever must, at a minimum, be initiated immediately whenever any clearing, grading, excavating or other earth disturbing any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days will not resume for a period exceeding 14 calendar days will not resume for a period exceeding 14 calendar days. will not resume for a period exceeding 14 calendar days.

Stabilization must be completed within a period of time Stabilization must be completed within a period of time determined by the permitting authoritydetermined by the permitting authority. In arid, semiarid, . In arid, semiarid, y p g yy p g y , ,, ,and droughtand drought--stricken areas where initiating vegetative stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by stabilization measures must be employed as specified by the permitting authority the permitting authority p g yp g y

(c) (c) DewateringDewatering Discharges from Discharges from (c) (c) DewateringDewatering. Discharges from . Discharges from dewatering activities, including dewatering activities, including discharges from dewatering of discharges from dewatering of discharges from dewatering of discharges from dewatering of trenches and excavations, are trenches and excavations, are prohibited unless managed by prohibited unless managed by prohibited unless managed by prohibited unless managed by appropriate controls. appropriate controls.

Pollution Prevention MeasuresPollution Prevention MeasuresPollution Prevention MeasuresPollution Prevention MeasuresDesign, install, implement, and maintain Design, install, implement, and maintain es g , sta , p e e t, a d a taes g , sta , p e e t, a d a taeffective pollution prevention measures to effective pollution prevention measures to minimize the discharge of pollutantsminimize the discharge of pollutants. At a . At a minimum such measures must be minimum such measures must be minimum, such measures must be minimum, such measures must be designed, installed, implemented and designed, installed, implemented and maintained to: maintained to: –– (1) Minimize the discharge of pollutants from (1) Minimize the discharge of pollutants from

equipment and vehicle washing, wheel wash equipment and vehicle washing, wheel wash water and other wash waters Wash waters water and other wash waters Wash waters water, and other wash waters. Wash waters water, and other wash waters. Wash waters must be treated in a sediment basin or must be treated in a sediment basin or alternative control that provides equivalent or alternative control that provides equivalent or better treatment prior to discharge;better treatment prior to discharge;better treatment prior to discharge;better treatment prior to discharge;

Pollution Prevention MeasuresPollution Prevention MeasuresPollution Prevention MeasuresPollution Prevention Measures

((2) Minimize the exposure of building materials 2) Minimize the exposure of building materials ((2) Minimize the exposure of building materials, 2) Minimize the exposure of building materials, building products, construction wastes, trash, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, landscape materials, fertilizers, pesticides, herbicides detergents sanitary waste and other herbicides detergents sanitary waste and other herbicides, detergents, sanitary waste and other herbicides, detergents, sanitary waste and other materials present on the site to precipitation and materials present on the site to precipitation and to stormwater; andto stormwater; and

(3) Minimize the discharge of pollutants from (3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and spills and leaks and implement chemical spill and p p pp p pleak prevention and response procedures.leak prevention and response procedures.

(e) (e) Prohibited DischargesProhibited Discharges. The following . The following ( )( ) gg ggdischarges are prohibited: (1) discharges are prohibited: (1) Wastewater from washout of concrete, Wastewater from washout of concrete, unless managed by an appropriate unless managed by an appropriate u ess a aged by a app op ateu ess a aged by a app op atecontrol; (2) Wastewater from washout control; (2) Wastewater from washout and cleanout of stucco, paint, form release and cleanout of stucco, paint, form release oils, curing compounds and other oils, curing compounds and other oils, curing compounds and other oils, curing compounds and other construction materials; (3) Fuels, oils, construction materials; (3) Fuels, oils, or other pollutants used in vehicle and or other pollutants used in vehicle and equipment operation and maintenance; equipment operation and maintenance; equipment operation and maintenance; equipment operation and maintenance; and (4) Soaps or solvents used in and (4) Soaps or solvents used in vehicle and equipment washing. vehicle and equipment washing.

(f) (f) Surface OutletsSurface Outlets(f) (f) Surface OutletsSurface Outlets––When discharging from basins and When discharging from basins and

impoundments utilize outlet structures impoundments utilize outlet structures impoundments, utilize outlet structures impoundments, utilize outlet structures that withdraw water from the surface, that withdraw water from the surface, unless infeasible.unless infeasible.

Numeric LimitationsNumeric LimitationsFor all construction sites that disturb For all construction sites that disturb 20 or more acres20 or more acres of of land at one time (whether contiguous or not), the average land at one time (whether contiguous or not), the average turbidity for any discharge for any day may not exceed a turbidity for any discharge for any day may not exceed a y y g y y yy y g y y ynumeric effluent limit of numeric effluent limit of 280 NTU280 NTU (turbidity measurement (turbidity measurement units) units) –– the deadline for complying with this numeric limit the deadline for complying with this numeric limit will be about August 2011 (40 CFR will be about August 2011 (40 CFR §§ 450.22(a));450.22(a));

The The 280 NTU280 NTU effluent limit is expanded to include all effluent limit is expanded to include all construction sites that disturb construction sites that disturb 10 or more acres10 or more acres of land at of land at one time (whether contiguous or not) in about January one time (whether contiguous or not) in about January 2014;2014;2014;2014;

The turbidity effluent limit is limited to the 2The turbidity effluent limit is limited to the 2--year, 24year, 24--hour hour storm event;storm event;;;

As most states implement the federal stormwater rules, As most states implement the federal stormwater rules, they will be responsible for establishing implementing the they will be responsible for establishing implementing the new regulations and standardsnew regulations and standardsnew regulations and standards.new regulations and standards.

EPA expects compliance with the new EPA expects compliance with the new EPA expects compliance with the new EPA expects compliance with the new regulation to regulation to reducereduce the amount of the amount of sedimentsediment and other and other pollutantspollutantssedimentsediment and other and other pollutantspollutantsdischarged from construction and discharged from construction and development sites by approximately development sites by approximately development sites by approximately development sites by approximately 4 billion pounds per year4 billion pounds per year. EPA puts . EPA puts the annual the annual costcost of the rule at about of the rule at about the annual the annual costcost of the rule at about of the rule at about $959 million$959 million, once fully , once fully implemented implemented implemented. implemented.

Key ResourcesKey Resources––Webcast: Construction SWPPPs Webcast: Construction SWPPPs

from A to Z: Everything You Ever from A to Z: Everything You Ever Wanted to Know and More!Wanted to Know and More! -- This This EPA b t f th k l t fEPA b t f th k l t fEPA webcast focuses on the key elements of EPA webcast focuses on the key elements of developing an effective SWPPP and developing an effective SWPPP and summarizes EPA's new SWPPP Guide forsummarizes EPA's new SWPPP Guide forsummarizes EPA s new SWPPP Guide for summarizes EPA s new SWPPP Guide for construction sites. This webcast also includes a construction sites. This webcast also includes a discussion of common problems found during discussion of common problems found during p gp gconstruction site inspections. construction site inspections.

W b t St t Ph II W b t St t Ph II Webcast: Stormwater Phase II: Webcast: Stormwater Phase II: Developing an Effective Municipal Developing an Effective Municipal Stormwater Management Program For Stormwater Management Program For g gg gConstruction Sites (Construction 101)Construction Sites (Construction 101)-- This EPA webcast reviews the basic elements This EPA webcast reviews the basic elements necessary to build an effective municipal program necessary to build an effective municipal program y p p gy p p gfor construction site stormwater management. It for construction site stormwater management. It also discusses some of the basics of proper BMP also discusses some of the basics of proper BMP implementation and how to conduct effectiveimplementation and how to conduct effectiveimplementation and how to conduct effective implementation and how to conduct effective inspections.inspections.Construction Industry Compliance Construction Industry Compliance Assistance CenterAssistance Center E planations ofE planations ofAssistance CenterAssistance Center -- Explanations of Explanations of environmental rules for the construction industry. environmental rules for the construction industry. Links to stormwater permits and technical Links to stormwater permits and technical

l f ll 50 t tl f ll 50 t tmanuals for all 50 states. manuals for all 50 states.

N ti l M f B t M t P ti f NPDES N ti l M f B t M t P ti f NPDES National Menu of Best Management Practices for NPDES National Menu of Best Management Practices for NPDES Stormwater Phase IIStormwater Phase II -- The Construction Section of this Menu The Construction Section of this Menu contains dozen of fact sheets on applicable construction site BMPs. contains dozen of fact sheets on applicable construction site BMPs. Controlling stormwater runoff pollution requires a suite of BMPs Controlling stormwater runoff pollution requires a suite of BMPs working together and this Menu will help you determine which working together and this Menu will help you determine which BMP t it bl f it BMP t it bl f it BMPs are most suitable for your site. BMPs are most suitable for your site. EPA's Construction General PermitEPA's Construction General Permit -- If your construction site is If your construction site is located in an area where EPA is the located in an area where EPA is the permitting authoritypermitting authority, you may , you may obtain NPDES permit coverage under this construction general obtain NPDES permit coverage under this construction general permit (CGP). This page provides information on filing a Notice of permit (CGP). This page provides information on filing a Notice of p ( ) p g p gp ( ) p g p gIntent (NOI) and other helpful information and resources. Intent (NOI) and other helpful information and resources. Managing Your Environmental Responsibilities: A Planning Guide Managing Your Environmental Responsibilities: A Planning Guide for Construction and Development (PDF)for Construction and Development (PDF) (255 pp, 2.3MB) (255 pp, 2.3MB) --Produced by EPA, this document will help you comply with a Produced by EPA, this document will help you comply with a variety of environmental regulations at every stage of your variety of environmental regulations at every stage of your variety of environmental regulations at every stage of your variety of environmental regulations at every stage of your construction project. construction project. International Erosion Control AssociationInternational Erosion Control Association -- NonNon--profit educational profit educational organization working to educate and connect its membership of organization working to educate and connect its membership of erosion and sediment control consultants, contractors, academics, erosion and sediment control consultants, contractors, academics, corporations and businesspersons The website offers information corporations and businesspersons The website offers information corporations, and businesspersons. The website offers information corporations, and businesspersons. The website offers information on certifications for stormwater and erosion and sediment control on certifications for stormwater and erosion and sediment control professionals. professionals. Certified Professional in Erosion and Sediment ControlCertified Professional in Erosion and Sediment Control --Certification program to become a recognized specialist in soil Certification program to become a recognized specialist in soil

i d di t t li d di t t lerosion and sediment control.erosion and sediment control.