South Dakota General Stormwater Discharge Permit - Construction

On February 1, 2010, the revised NPDES discharge permit for construction site stormwater discharges takes effect in South Dakota. The South Dakota Department of Environment & Natural Resources (DENR) issued the revised permit on December 31, 2009; this permit replaced the previous, which had been issued in 2002 and has been expired since 2007. The revised permit makes a number of changes to the stormwater compliance requirements needing to be met at affected construction sites.

Some of the key requirements include:

Permit

• NOI must be signed by the owner
• SWPPP must be developed before the NOI is submitted
• All SWPPPs, inspection reports, or other information must be signed and certified by a signatory official or by a “duly authorized representative” (Signatory authority must identify authorized representative and submit written authorization letter to DENR)

Stormwater Controls

• Controls must be designed to meet 2 inch 24 hour event (2-year, 24-hour storm event)
• Sediment basins required if >10 acres disturbed at one time, where possible
• Sediment traps or other equivalent controls required if <10>
• All storm drain inlets must be protected until site is stabilized
• Install velocity dissipation devices at points with high flows
• Soil stockpiles must have silt fence or other effective controls Properly store and dispose of litter, construction debris, and chemicals

Inspections

• Once every 7 days
• Within 24 hours after storm that is 0.5 inches or greater

Maintenance

• Remove sediment when ponds are 50% full
• Clean silt fences before sediment is 50% of the fence height
• Must minimize dust generation and tracking; street sweeping required at a minimum
• Remove sediment that accumulates off-site
• Site must be stabilized within 14 days after construction has ceased at the site

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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EPA Extends 2008 Construction Stormwater Permit

US EPA has proposed to extend the 2-year term of the Agency’s July 2008 general permit for stormwater discharges from construction activities (CGP) by 1 year. According to EPA, the extension is needed to ensure Agency compliance with a court order requiring promulgation of effluent limitations guidelines (ELG) and new source performance standards (NSPS) for the construction and development (C&D) point source category.

The 2008 CGP provides coverage for discharges from construction sites in areas not addressed by an approved state national pollutant discharge elimination system (NPDES) program. EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 issued the 2008 CGP to replace the expired 2003 CGP for operators of new and unpermitted ongoing construction projects. The current 2008 CGP expires on June 30, 2010.

EPA is proposing to extend coverage of the CGP to June 30, 2011. This would give EPA approximately the same time period—18 months—that the Agency required to issue the 2003 CGP. The 2008 CGP required 3 years to finalize.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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Stormwater Surveys For Developers, Contractors, Cities and States

US EPA is proposing a survey in advance of rulemaking related to stormwater permits and permit requirements.

EPA plans to propose a rule to control stormwater from newly developed and redeveloped sites and to take final action no later than November 2012. In support of this rulemaking, EPA is proposing to require three different groups to complete questionnaires about current stormwater management practices:

• Owners, operators, developers, and contractors of newly and redeveloped sites;
• Owners and operators of municipal separate storm sewer systems; and
• States and territories.
  

The proposed survey will be open for public comment for 60 days following publication in the Federal Register.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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Oil and Gas Facilities - New Stormwater Permit Requirements

The 1987 Water Quality Act (WQA) added section 402(l)(2) to the Clean Water Act (CWA) specifying that EPA and States shall not require NPDES permits for uncontaminated storm water discharges from oil and gas exploration, production, processing or treatment operations, or transmission facilities. The Energy Policy Act of 2005 also added a new provision to the CWA defining the term "oil and gas exploration, production, processing, or treatment operations or transmission facilities" to mean "all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activity."

In 2006, EPA published a final rule that effectively exempted from NPDES permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities (with some limited exceptions).

On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion vacating EPA's 2006 oil and gas construction stormwater regulation. On July 21, 2008, EPA filed a petition for rehearing in this case; on November 3, 2008, the Court issued its order denying EPA’s request.

With the vacatur of the 2006 rule, the effective requirements for oil and gas facilities are the regulations in place prior to the 2006 rule. The relevant regulations that were effective prior to the 2006 rule are:

122.26(a)(2) The Director may not require a permit for discharges of storm water runoff from mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations.

122.26(e)(8) For any storm water discharge associated with small construction activity identified in paragraph (b)(15)(i) of this section, see 122.21(c)(1). Discharges from these sources, other than discharges associated with small construction activity at oil and gas exploration, production, processing, and treatment operations or transmission facilities, require permit authorization by March 10, 2003, unless designated for coverage before then. Discharges associated with small construction activity at such oil and gas sites require permit authorization by June 12, 2006.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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Virginia DCR SWPPP Requirements - Proposed Changes

The Virginia Department of Conservation and Recreation (DCR) has proposed certain revisions to its current General Permit for Discharges of Stormwater from Construction Activities, which expires on June 30, 2009. Several updates have been proposed to the requirements for and contents of a Stormwater Pollution Prevention Plan (SWPPP) for the construction site, including:

• A requirement for the SWPPP to be made available to the public. Access to the
  SWPPP could be arranged at a time and location convenient to the operator or permittee, but no less than twice per month and during normal business hours.
• A direct requirement that all operators implement an Erosion and Sediment
  Control plan for the site in accordance with the Erosion and Sediment Control Law and Regulations.
• Clarification that water quality and quantity requirements must be met by the operator.
  The addition of an option for inspections of the site to be conducted every 7 days; the operator can still choose the current inspection schedule of every 14 days and within 48 hours following a runoff producing event if desired,
• A requirement that the operator report if there has been any correspondence with Federal officials regarding endangered species on the site, and a description of any measures necessary to protect such species,
• A requirement that any TMDL wasteload allocations made to construction activities be addressed through the implementation of control measures and strategies described in the SWPPP.

DRC anticipates that the revised permit will be published in June 2009, with an effective date of July 1, 2009.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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Do Construction Sites Need SPCC Plan In Addition To SWPPP?

Does a construction site that operates under a stormwater discharge permit and has a Stormwater Pollution Prevention Plan (SWPPP) also need a Spill Prevention Control and Countermeasure (SPCC) Plan?

The answer is POSSIBLY; the requirements for a stormwater discharge permit and for a SPCC Plan are independent of each other. Not all construction sites that need a stormwater permit also need an SPCC Plan - and some construction sites that do not need a stormwater permit may need an SPCC Plan.

Whether or not a given construction site needs an SPCC Plan will depend on the oil storage capacity on site, even if storage tanks, mobile tanks, oil-filled equipment, etc are only on-site temporarily. [Read more about SPCC requirements] Individual State programs may also have additional requirements for notification, registration or permitting of above ground storage tanks at construction sites.

Even construction sites that do not exceed the thresholds requiring an SPCC Plan need to have spill prevention and control measures. In most cases this requirement is contained in the site stormwater discharge permit, or in State general duty provisions to prevent and control spills, and to clean up spilled materials.

Caltha LLP offers some very cost effective options for construction sites needing to prepare SPCC Plans, SWPPPs, or to develop spill prevention and response procedures. Click here to request more information on construction site SPCC/SWPPP Services.

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Stormwater Effluent Limits For Industrial - MS4; Are These Next?

US EPA has recently proposed effluent limits for stormwater discharges from larger construction sites. [Read more about Construction Stormwater Discharge Limits]. This has prompted many industrial and municipal stormwater permitees to speculate on whether or not similar effluent limits will be proposed under Multi-sector General Permits (MSGP) or MS4 permits.

The simple answer is that almost anything is possible.

However, the establishment of construction site effluent limits has some important differences that may not allow easy transfer of the same effluent limits to industrial or MS4 permits.

1. Effluent limits are based on a specific stormwater treatment method that is added to the stormwater treatment pond requirements for smaller sites. Without the requirement to install a pond, the additional treatment may not be economically-feasible. Unless specific structural BMPs, like ponds, are required for industrial or MS4 dischargers, it would be difficult to translate the construction site effluent limits. Because of the nature of industrial and MS4 discharges, requiring treatment ponds would be difficult.


2. In general, the variety of activities and stormwater handling practices associated with industrial and MS4 discharges will be significantly broader compared to construction sites. Therefore, again, translating the proposed effluent limits to industrial and MS4 dischargers would be difficult.

Given these factors, it may be difficult to demonstrate that similar Best Available Technology used to calculate effluent limits for construction site discharges could be equally applied to other types of discharges.

Caltha LLP provides expert technical support in permitting and compliance with State and Federal stormwater permits. To request a quote of services on-line, go to Caltha Stormwater Quote Page.

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EPA Proposed Stormwater Eflluent Limits - Comparison To Benchmark Concentration

In December 2008, US EPA published proposed effluent limits for stormwater discharges from construction sites. [Read more about proposed limits] The proposed rules included a numeric effluent limit of 90 NTU. NTUs are a standard measurement of turbidity in water. Turbidity is a measurement of suspended material in the water.

Benchmark values and previous stormwater effluent limits have always been expressed as Total Suspended Solids (TSS). Turbidity is related to TSS, however the relationship between turbidity and TSS is not always direct, and will be affected by a number of different factors.

Stormwater benchmark concentrations for TSS usually range from 100 to 250 mg/L. Using a few typical conversions between NTU and TSS, it is predicted that an effluent limit of 90 NTU will be roughly equivalent to 45 to 65 mg/L expressed as TSS. Therefore, it is projected that the proposed stormwater effluent limit is about one-half the lowest current benchmark concentration for TSS.

Caltha LLP provides expert technical support to dischargers subject to State and EPA stormwater discharge permit, including permitting, SWPPP training, stormwater monitoring, site inspections, and overall compliance program development.

For further information contact Caltha LLP at
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Knowledge Based SWPPP Training – Texas (TCEQ) Construction Permit Example

Stormwater training requirements in most general permits are prescriptive and require specific documentation to demonstrate compliance. If documentation can be produced that shows an employee received appropriate training, the permit requirement is considered to be met. Most often, training rooster sign-in sheets are used as documentation.

An alternate requirement for SWPPP training is “knowledge-based”, meaning that compliance or noncompliance is determined by what the employee knows and not what training courses the employee has attended.

An example of knowledge-based training requirements is found in the Texas Commission on Environmental Quality (TCEQ) general permit for construction stormwater discharge (Permit # TXR150000). In this permit, “training” is only required for personnel responsible to conduct site inspections. No specific training needs to be documented. However, inspectors must be “knowledgeable of [requirements of the] general permit, familiar with the construction site, and knowledgeable of the SWPPP for the site”. Regardless of any specific training inspectors can show, if they can not meet these performance criteria, they may not be considered qualified to conduct inspections.

Although knowledge-based training requirements have the advantage that no specific training documentation is needed, they also require a higher standard for actual knowledge. Employers need to assure that their employees know what they need to know.


Caltha LLP has several training programs created to help Texas contractors meet the performance standards of the TCEQ construction site discharge permit, including several customized programs to meet the requirements of small and medium size contractors in all States.

For further information contact Caltha LLP at
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Stormwater Effluent Limits On Construction Site Discharges

On November 28, 2008, US EPA published its proposed revision to the federal requirements on stormwater discharges from construction sites. The key departure in the current proposal from existing requirements is the establishment of New Source Performance Standards (NSPS) and numeric effluent limit guidelines (ELG) that will apply to construction sites.

[Read more about the difference between "effluent limit" and "stormwater benchmarks]

[Read more about typical concentrations in stormwater compared to limits]

In June 2008, US EPA published its final general stormwater discharge permit for construction sites. US EPA’s intent is to issue a revised general permit once these new effluent limits are promulgated.

The current proposed rule addresses controls based on size of the construction site:

1. Less than 10 acres. Controls are similar to current approaches.
2. Greater than 10 acres. Sites greater than 10 acres will need to install temporary sediment basins meeting specific design criteria.
3. Greater than 30 acres. For large sites, discharges will need to monitor stormwater discharges and must meet a turbidity effluent limit of 13 nephelometric turbidity units (NTU). The effluent limit of 13 NTU is based on the determination that the Best Available Technology (BAT) has been demonstrated to meet this limit. In this case, the BAT is active treatment on-site using injection of polymer into the stormwater to improve precipitation of smaller particles.
   

Does this mean that all large construction sites will need to install active stormwater treatment systems? Not necessarily. Large sites subject to the effluent limit of 13 NTU will need to meet that limit. Sediment basins alone may not be capable of meeting this limit, and if so active treatment, including enhanced precipitation using chemical addition, may be required.

Once the US EPA finalizes the effluent limits for large construction sites, State general permits will likely include these permit limits as they are reissued. US EPA is accepting comments on the proposed Rule through February 26, 2009.


Caltha LLP assists dischargers as they evaluate and address regulatory obligations under State and Federal stormwater permits.

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New North Carolina (NCDENR) Stormwater Rules for Discharges to Sensitive Water

New Division of Water Quality stormwater rules became effective October 1, 2008 in North Carolina for coastal areas which drain to shellfishing areas or other high value water resources. The new rules regulate new development and redevelopment projects. The major areas for change are 1) coverage (non-residential), 2) low density thresholds, 3) design storm requirements, 4) wetlands and impervious surface calculations, and 5) vegetative buffer size.

In areas within one-half mile of shelling fishing areas, percent impervious cover must be <12%>MS4 stormwater discharge permits as they are reissued.

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California Stormwater Permitting Program Temporarly Shut Down By Court Order

In July 2008, court actions in California effectively shut down a large portion of the State's stormwater permitting program, leaving many new dischargers without a viable means of obtaining a stormwater discharge permit. This impacted new industrial dischargers; however the most significant impact was on new construction sites.

On July 2, 2008, the Orange County Superior Court issued a Writ of Mandate ordering the State Water Resources Control Board (State Water Board) to a cease, desist and suspend all activities relating to the implementation, application, and/or enforcement of the Standards in the Los Angeles Regional Water Quality Control Board's Basin Plan, as applied or to be applied to Stormwater. This injunction prohibited the approval of Notices of Intent (NOIs) in the Los Angeles Region under the Statewide National Pollutant Discharge Elimination System Construction, Small Linear Utility, and Industrial Storm Water General Permits.

The State Water Board and Los Angeles Regional Water Quality Control Board immediately stopped enrolling dischargers, processing NOIs, and assigning Waste Discharge Identification (WDID) numbers for activities in the Los Angeles Region. Applications (NOIs) received in July were rejected. This action did not eliminate the regulatory obligation to obtain a stormwater discharge permit. Therefore, new dischargers who were not already covered under the permit were not able to obtain coverage under the general permit.

On August 1, 2008, the Orange County Superior Court issued an order limiting the effect of a Writ of Mandate, and allowing the processing of Notices of Intent (NOIs) and Notices of Termination (NOTs). Dischargers with rejected NOIs were instructed to resubmit their NOI to the State Water Board with the applicable fee and a WDID Number would be assigned as soon as possible.

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Revised Arizona ADEQ Stormwater Permit Requirements for Dischargers Near Impaired Waters or Unique Waters

On February 29, 2008, the revised Arizona Department of Environmental Quality (ADEQ) general permit for the discharge of stormwater from construction sites became effective. This permit replaced an earlier general permit which had expired. The revised general permit now applies to all construction sites greater than one acre in size, with the exception of sites located on Indian lands within the State. For these sites, a different permit, issued by U.S. EPA, applies.

The requirements under the ADEQ permit will change substantially depending on the location of the project. The key criteria will be whether the site is within ¼-mile of:

• An impaired water
• A listed unique water (also known as an “Outstanding Arizona Water”, or OAW)

For project sites located within this radius, significantly more stringent permit compliance requirements may apply which include:

• Submittal of SWPPP with NOI, and extended waiting period for permit coverage
• Additional prohibitions on non-stormwater discharges
• Additional prohibitions on post-construction discharges
• Additional inspection requirements
• Stormwater monitoring

For project sites located with ¼-mile of either an impaired water or a listed unique water, a Stormwater Monitoring Plan must be developed and implemented. Monitoring of stormwater includes visual monitoring each week and collection and analysis of samples when stormwater is discharged. Monitoring results are then reported to ADEQ on Discharge Monitoring Report (DMR) forms.

For more information on this permit, go to:

Summary of Revised ADEQ Permit