Washington Mandatory BMP and Industrial Stormwater Requirements

The revised Washington Department of Ecology industrial stormwater general permit became effective on January 1, 2010. The revised permit has numerous substantive changes compared to the previous industrial stormwater permit. Some highlights of these changes include:


Stormwater Pollution Prevention Plan (SWPPP) Requirements

Mandatory BMPs must be implemented no later than July 1, 2010. The facility may omit individual BMPs if site conditions render the BMP unnecessary, infeasible, or the Permittee provides alternative and equally effective BMPs; and justifies the omission in the SWPPP. The mandatory BMPs include:

Operational Source Control BMPs:

• Vacuum paved surfaces with a vacuum sweeper once each quarter.
• Minimize stormwater contamination from dust. Inspect and maintain bag houses monthly.
• Keep all dumpsters under cover or keep dumpster lid closed when not in use.
• Clean catch basins when at capacity.
• Inspect all equipment and vehicles for leaking fluids. Take leaking equipment and vehicles out of service or prevent leaks until repaired.
• Store all chemical liquids, fluids, and petroleum products on an impervious surface with containment that is capable of containing 10% of the total enclosed tank volume or 110% of the volume contained in the largest tank, whichever is greater.
• Prevent precipitation from accumulating in containment areas.
• Locate spill kits within 25 feet of all stationary fueling stations, fuel transfer stations, and mobile fueling units.
• Facility personnel can not lock shut-off fueling nozzles in the open position, or “top-off” tanks being refueled.
• During fueling, facility personnel must block, plug or cover storm drains that receive runoff from areas where fueling.
• Use drip pans or equivalent containment measures during all petroleum transfer operations.
• Maintain a spill log that documents chemical and petroleum spills.
  

Structural Source Control BMPs:

• Use grading, berming, or curbing to prevent runoff of contaminated stormwater flows and divert run-on away from manufacturing, processing, and material storage areas.
• Perform all cleaning operations indoors, under cover, or in bermed areas that prevent stormwater runoff and run-on and capture any overspray. Drain wash water to a collection system for further treatment or storage.
  

SWPPP Signature/Certification

The Permittee must sign and certify the SWPPP and any revisions.

Benchmark Monitoring / Sampling

Facility must sample each distinct point of discharge off-site each calendar quarter; except “substantially identical outfalls”. Sampling must occur within the first 12 hours of stormwater discharge or as soon as practicable after the first 12 hours. Facilies must sample the stormwater discharge from the first fall storm event, after October 1st. “Consistent attainment” requires that four consecutive quarterly samples be equal to or less than the benchmark value; or for pH, within the range of 5.0 – 9.0.

Benchmarks and Effluent Limitations
Click here to review new stormwater benchmark concentrations

Discharges to 303(d)-Listed Waters

Numeric effluent limits now apply to facilities with discharges to 303(d)-listed impaired waterbodies (Category 5).

Inspections

Qualified personnel conduct and document visual inspections of the site monthly. Dry season and annual comprehensive inspection eliminated.

Corrective Actions

Permittees that exceed benchmark value (for a single parameter) for any two quarters during a calendar year complete a Level 2 Corrective Action (Structural Source Control BMPs). Permittees that exceed benchmark value (for a single parameter) for any three quarters during a calendar year complete a Level 3 Corrective Action (Treatment BMPs).

Facilities must revise their SWPPP and complete installation by September 30th the following year. All corrective actions must be documented in Annual Report. A licensed professional engineer, geologist, hydrogeologist, or certified professional in storm water quality (CPSWQ) must design and stamp the portion of the SWPPP that addresses (Level 3) stormwater treatment structures or processes.

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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Wisconsin Requirements for Contaminated Sediment Management

The Wisconsin Department of Natural Resources (WDNR) has promulgated rules regulating the beneficial reuse of sediment removed from stormwater detention ponds (Chapter NR 528). These rules streamline the assessment and approval process for the reuse of dredged sediments, especially if not intended to be disposed of in a landfill.

WDNR rules establish management standards, risk assessment procedures and “ceiling” contaminant concentrations for sediments. The sediment contaminants regulated under NR 528 include several heavy metals (arsenic, cadmium, chromium, lead), pH and electrical conductivity.

The end-uses considered under the rule include:

Disposal in licensed landfill,
General fill,
Confined geotechnical fill,
Landspreading,
Dedicated sediment management sites, and
Small quantity, course grained sediment management

NR 528 defines the level of risk assessment, acceptance criteria and specific management practices required for the different end-uses. The designated sediment manager must assure that these requirements are met and provide the required documentation and reporting.

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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Technical Guidance For EISA Section 438 Compliance

Under the new Section 438 of the Energy Independence and Security Act of 2007 (EISA), federal agencies have new requirements to reduce stormwater runoff from federal development and redevelopment projects to protect water resources. Federal agencies can comply using a variety of stormwater management practices often referred to as "green infrastructure" or "low impact development" practices, including for example, reducing impervious surfaces, using vegetative practices, porous pavements, cisterns and green roofs.

US EPA has recently issued guidance ("Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act") to assist federal agencies in minimizing the impact of federal development projects on nearby water bodies. The guidance is being issued in response to a change in law and an Executive Order signed by President Obama, which calls upon all federal agencies to lead by example to address a wide range of environmental issues, including stormwater runoff.

The purpose of the guidance document is to provide technical guidance and background information to assist federal agencies in implementing EISA Section 438. Each agency or department is responsible for ensuring compliance with EISA Section 438. The document contains guidance on how compliance with Section 438 can be achieved, measured and evaluated.

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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Massachusetts DEP Proposed Stormwater Regulations

The Massachusetts Department of Environmental Protection (DEP) is proposing a new approach to stormwater management which will require private owners of large impervious surfaces (including institutions, commercial, industrial and residential properties) to manage stormwater. The draft requirements include:

• Statewide private property owners of impervious surfaces ≥5 acres will be required to implement good housekeeping practices,
• Statewide private new developments with impervious surfaces ≥5 acres will be required to meet the state’s Stormwater Standards 3-6, including recharge and water quality treatment,
• Redevelopments with impervious surfaces ≥5 acres must maintain the same level of stormwater control and recharge, to the extent site constraints allow.

In areas that drain to an impaired waters with an existing or pending TMDL, a 65 % reduction in phosphorus load is required to achieve compliance with the State’s water quality standards.

Private property owners of impervious surfaces ≥2 acres will also be have requirements under the new program. New projects and redevelopments will have to meet statewide requirements and implement stormwater Best Management Practices (BMPs) capable of reducing phosphorus. Existing properties will be given 10 years to retrofit their properties to meet the phosphorus reduction requirement. TMDL areas include the Charles River watershed (with a 65% phosphorus reduction requirement) and a number of lake watersheds across the state.

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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WDNR Runoff Standards - Proposed Amendment to NR 151

The Wisconsin Department of Natural Resources (WDNR) is currently in the process of making revisions to Wisconsin Rule NR 151. NR 151establishes runoff pollution performance standards for non−agricultural facilities and transportation facilities and performance standards and prohibitions for agricultural facilities and practices designed to achieve water quality standards.

The WDNR has proposed amendments that include:

• develop an agricultural buffer or equivalent performance standard and a performance standard to address sediment, manure and other runoff from smaller, non-permitted farms;
• modify post-construction non-agricultural performance standards, regarding infiltration and protective areas;
• revise existing agricultural performance standards and prohibitions to clarify provisions related to manure storage facility closures and direct runoff of manure; and
• modify grant rules pertaining to eligibility, awards, allocation for TMDLs and project size.

A formal proposal for amendments is expected to be released for public comment in 2009.

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Stormwater Management Improvement Projects Funded Through Federal Stimulus

The Iowa State Revolving Fund (SRF) is currently soliciting "green projects" to be funded the SRF in response to the recent Federal Stimulus Bill. The federal stimulus bill routes some of the funds for water quality through the State Revolving Fund programs. Iowa’s allocation is $53 million for Clean Water SRF and $24 million for Drinking Water SRF. About 20% of each amount is intended to be used for green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities. While the Iowa SRF has projects that can be to funded with the remaining 80 percent, there are currently few fundable proposals for “green” projects.

Eligible stormwater management projects might include:

Water efficiency
o Reclamation, recycling, and reuse of rainwater, condensate, degraded water, stormwater, and/or wastewater streams

Stormwater quality management
o Stormwater infrastructure with a treatment component
o Stormwater retrofits that address hydrologic impacts to receiving waters by reducing discharge flow volume
o Street sweepers and vacuum trucks

Green infrastructure
o Implementation of green streets (green infrastructure practices in transportation right-of-ways)
o Porous paving, bioretention, green roofs
o Establishment or restoration of riparian buffers
o Retrofits to keep stormwater out of sewer system

All of the projects funded through the stimulus funds must have an environmental review and must comply with all federal regulations

Caltha LLP provides expert technical support to clients nationwide in addressing environmental review, stormwater management and stormwater pollution prevention requirements.

[Read further information on Stormwater Plan - SWPPP Services]

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Preventive Maintenance of Industrial Equipment - Permit Requirements

Maintenance of equipment and controls is a requirement for most stormwater pollution prevention programs. Maintenance can be 1) routine maintenance to correct deficiencies identified during routine inspections, and 2) preventive maintenance to address problems before they occur. In many jurisdictions, a written Preventive Maintenance Plan is required.

In most cases, two types of equipment or systems must be maintained:

1. Industrial equipment and systems, and
2. Stormwater BMPs and Stormwater Controls

Relative to industrial equipment and systems, routine maintenance and preventive maintenance is required for equipment and systems that could result in stormwater impacts if not properly maintained. Using the recent US EPA Multisector Permit (MSGP-2008) as one example, dischargers "must regularly inspect, test, maintain, and repair all industrial equipment and systems to avoid situations that may result in leaks, spills, and other releases of pollutants in stormwater discharged to receiving waters."

In addition, the MSGP-2008 requires that equipment that is awaiting maintenance be handled separately. Dischargers are required to "confine the storage of leaky or leak-prone vehicles and equipment awaiting maintenance to protected areas."

[Read more about maintenance requirements for stormwater controls and BMPs]

Caltha LLP provides expert technical support to clients nationwide in addressing stormwater permitting and SWPPP requirements, including developing effective inspection and preventive maintanence programs, and providing employee training programs.

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Maintenance of Stormwater Controls - BMPs - Regulatory Requirements

Once installed stormwater Best Management Practices (BMPs) or stormwater controls need to be maintained in order to remain effective. The most intuitive example is a stormwater detention basin or pond. If the pond is sized to remove 90% of suspended solids, it will only meet this target removal efficiency if it is maintained at its designed size. Over time, an effective pond will trap sediment; this sediment displaces the water volume in the pond and its removal efficiency begins to drop. Without maintenance (which in this example would be removing accumulated sediment), the pond will eventually approach 0% removal efficiency.

From a regulatory perspective, most State permits require that stormwater BMPs be maintained; in this context, BMPs could be any structural or non-structural control measure that the site uses.

Using the recent US EPA Multisector General Permit (MSGP-2008) as an example, dischargers must "maintain all control measures ... in effective operating condition. Nonstructural control measures must also be diligently maintained (e.g., spill response supplies available, personnel appropriately trained). If you find that your control measures need to be replaced or repaired, you must make the necessary repairs or modifications as expeditiously as practicable."

Maintenance of stormwater controls requires:

• Scheduled routine inspections, conducted by qualified staff
• Detailed evaluation under comprehensive site compliance evaluations
• Detailed documentation
• Rapid corrective action

Industrial sectors that are required to conduct routine benchmark monitoring will find maintenance to be especially important. In addition to conducting routine visual inspections of their controls, they will also be collecting and analyzing samples of their stormwater discharge in order to demonstrate that their controls remain effective.

Caltha LLP provides expert technical support to clients nationwide in addressing stormwater permitting and SWPPP requirements, including developing effective inspection and preventive maintanence programs, and providing employee training programs.

[Read further information on Stormwater - SWPPP Services]

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Stormwater Infiltration - Regulatory and Permitting Aspects

Infiltration is used as a stormwater control or Best Management Practice (BMP) in many areas. However, infiltrating run-off has some unique regulatory issues. First, in some States, infiltrating stormwater is a viable means to eliminate a discharge that would otherwise require an NPDES discharge permit. However, in most cases, the system would need to infiltrate all run-off from even the largest rain events. In addition, seasonal changes must also be considered; all run-off would need be collected and infiltrated even during frozen conditions. Some States regulate groundwater as a "water of the State", and therefore can regulate discharges to the groundwater using infiltration.

Here are two recent examples:

New Hampshire. New Hampshire has recently proposed requiring a "Alteration of Terrain" permit for many types of new projects. Infiltration of stormwater is prohibited if the run-off comes from "high load areas", which include many typical industrial activities.

[Read more about New Hampshire Alteration of Terrain permits]

Minnesota. The Minnesota Pollution Control Agency (MPCA) has been drafting regulations relating to infiltration of stormwater at sites regulated under the industrial stormwater discharge general permit. These requirements are still in revision, however as of November 2008 the format for regulation of infiltration as a stormwater control has included:

• Design criteria for amount of run-off to be infiltrated


• Rate at which infiltration must occur after a storm event


• Pretreatment requirements for run-off prior to discharge to designed infiltration basin


• Stormwater monitoring requirements and standards ("benchmarks") for run-off prior to discharge to designed infiltration basin


• Operation and maintenance requirements.

The draft MPCA infiltration requirements also include several prohibitions, where infiltration can not be used to manage stormwater. These include:

• Certain industrial sectors are prohibited from using infiltration BMPs;


• Certain sensitive areas where groundwater is vulnerable to contamination, including karst areas, and well head protection areas.
  

Finally, under some circumstances the disposal of stormwater run-off using a designed infiltration system can be further regulated as a Class V Injection Well. This will require further permitting and associated regulation.

Caltha LLP provides expert technical support to clients nationwide in addressing stormwater permitting and SWPPP requirements.

[Read further information on Stormwater Plan - SWPPP Services]

[Read further information on Stormwater Training - SWPPP Training]

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NH Alteration of Terrain Permit – High Load Areas

The New Hampshire Department of Environmental Services (DES) has recently finalized new rules requiring an Alteration of Terrain Permit (AOT) for many types of construction projects. The purpose of these rules to protect drinking water supplies, surface waters, and groundwater by specifying the procedures and criteria for obtaining permits required by the rule. These rules shall apply to any person proposing to:
(a) Dredge, excavate, place fill, mine, transport forest products, or undertake construction in or on the borders of surface waters; or
(b) Significantly alter the characteristics of the terrain in such a manner as to impede the natural runoff or create an unnatural runoff.

One key aspect of the rule is the definition and requirements for “High-Load Areas”. High-load areas include:
(1) Industrial facilities subject to the NPDES Multi-Sector General Permit;
(2) Petroleum storage facilities;
(3) Petroleum dispensing facilities;
(4) Vehicle fueling facilities;
(5) Vehicle service, maintenance and equipment cleaning facilities;
(6) Fleet storage areas;
(7) Public works storage areas;
(8) Road salt facilities;
(9) Commercial nurseries;
(10) Non-residential facilities having uncoated metal roofs with a slope flatter than 20%;
(11) Facilities with outdoor storage, loading, or unloading of hazardous substances, regardless of the primary use of the facility; and
(12) Facilities subject to chemical inventory under EPCRA Section 312.

A Source Control Plan may need to be prepared and submitted to NHDES for any proposed projects that include high-load areas and larger commercial parking areas.

The new rule also details requirements that apply to stormwater management practices from high-load areas, which include:

• Prohibition on groundwater recharge;
• Prohibition on infiltration practices;
• Prohibition on stormwater filtering practices, without an impermeable liner; and
• Prohibition on stormwater swale practices, without an impermeable liner.
  

Caltha LLP provides expert technical support to clients nationwide to develop cost effective pollution prevention programs to meet State and Federal requirements.

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Polyaromatic Hydrocarbon (PAH) in Sealants - Stormwater Impact Studies

Collaborative studies by the City of Austin, TX, and the U. S. Geological Survey have identified coal-tar based sealcoat as a major and previously unrecognized source of polycyclic aromatic hydrocarbon (PAH) contamination. Several PAHs are suspected human carcinogens and are toxic to aquatic life.

Studies in Austin, Texas, showed that particles in runoff from coal-tar based sealcoated parking lots have concentrations of PAHs that are about 65 times higher than concentrations in particles washed off parking lots that have not been sealcoated. Biological studies, conducted by the City of Austin in the field and in the laboratory, indicate that PAH levels in sediment contaminated with abraded sealcoat are toxic to aquatic life and are degrading aquatic communities.

This research has led the City of Austin to ban the use of coal-tar sealants for roads, parking lots, driveways, and other paved areas.

Caltha LLP assists private and public sector clients in evaluating potential stormwater pollution sources and developing cost effective stormwater pollution prevention programs to minimize their environmental impacts.

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Optimizing Consistency Between Multiple Industial SWPPP Plans

Larger companies may have several facilities that are subject to stormwater permit requirements and are required to develop site-specific Stormwater Pollution Prevention Plans (SWPPP). Some elements of the SWPPP will likely represent corporate wide programs that apply to all facilities. Companies may also want to “standardize” their SWPPP so that each facility is implementing similar programs; these will allow multiple facilities to share training materials, for example.

If all facilities are located within a single State, the process of standardizing the SWPPP programs is straightforward. Each facility SWPPP will need to include a site specific facility information and evaluation of the potential pollutant sources, but many of the program descriptions can be identical.

If facilities are located in different States, the process of maximizing consistency between SWPPPs requires significantly more thought. One option is to compile the most stringent set of requirements, and use them to develop the SWPPP template. The clear advantage of this approach is that all facilities will be conducting the same programs. The disadvantage is that many facilities will be implementing programs which are well beyond their own State requirements and will be incurring higher costs. Finding the proper balance between consistency and meeting individual State requirements is key.

For those companies that favor a higher degree of consistency between facilities, even at higher cost, there is another factor that should be considered. Overtime, individual State requirements change – on average, 20% of States revise their requirements each year. Therefore, careful consideration must be made to whether or not a change in one State will require that all SWPPPs in all States to be revised. If the answer is no, then over time, the SWPPP programs between States will become more and more different from each other. Therefore, the benefit of consistency that was important in the beginning will be lost.

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules. Caltha specializes in developing cost effective corporate-wide SWPPP programs covering multiple facilities. Click here to request further information on Stormwater and SWPPP Services.

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Managing Wastes and Waste Containers - Dumpsters - Roll-offs

One of the more challenging aspects of compliance with State and Federal stormwater pollution prevention requirements is the management of wastes. This holds true for both facilities that have a stormwater discharge permit, and facilities that have a conditional No Exposure Certification exemption.

Facilities that operate under a No Exposure Certification (NEC) find waste management particularly challenging because they have certified that wastes are not exposed to stormwater and that any wastes stored outdoors are managed in covered, water tight containers. In some States (e.g., Washington, New Jersey and others), all wastes must be stored inside a permanent building to qualify for the NEC exemption. Facilities that utilize roll-off containers find it challenging to either move containers indoors, or to use covered and water tight containers.

NEC facilities also have to address contractor wastes. As construction or renovation projects proceed, contractors need to meet the same requirements for waste storage. [Read more about NEC compliance]

Facilities that manage their stormwater impacts through a stormwater pollution prevention plan also need to address waste generation and storage. These facilities may elect to move wastes indoors or to use covered containers. However, in general, permitted facilities have more options available for waste management. They simply need to develop procedures to minimize the potential impacts of waste storage on their stormwater discharge.

Caltha LLP helps permitted and NEC facilities to develop cost effective waste management procedures to comply with regulatory requirements and to minimize their environmental footprint. Click here to request further information on Stormwater and SWPPP Services.

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Hazardous Metals in Stormwater – Texas (TCEQ) Requirements

As general permits for stormwater discharges are revised, States will attempt to address requirements for impaired waters into the permit requirements. How these requirements are expressed in the permit varies widely from State-to-State. Some States have developed requirements which promote pollution prevention measures.

As one example, the State of Texas has detected levels of selected heavy metals in surface waters which are of concern, and has promulgated numeric discharge standards for “hazardous metals” into the industrial stormwater permit. However, the Texas Commission on Environmental Quality (TCEQ) approach is to allow facilities to do a self-assessment for sources of hazardous metals and implement pollution prevention measures to avoid the higher costs of hazardous metal sampling and testing. To be exempted, facilities must certify that:

• Facility does not use a raw material, produce an intermediate product, or produce a final product that contains one of the listed hazardous metals, or


• Any raw materials, intermediate products, or final products which contain a hazardous metal are never exposed to stormwater or runoff, or


• Facility collects and analyses stormwater samples from the facility and the results indicate that hazardous metal(s) are not present in detectable levels.
  

Waivers may be obtained on a metal-by-metal basis, or on an outfall-by-outfall basis. A waiver from hazardous metals monitoring does not exempt the facility from other benchmark monitoring requirements which may apply. [Read more about benchmark monitoring]

Caltha LLP provides support to facilities nationwide on meeting State stormwater permit requirements and developing effective stormwater pollution prevention programs, including SWPPP training and stormwater compliance training programs.

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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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Pennsylvania DEP PPC Plan Requirements Compared to SWPPPs

The general permit for industrial stormwater discharges in Pennsylvania requires dischargers to prepare and implement a “Preparedness, Prevention and Contingency (PPC) Plan. This plan is unique to Pennsylvania dischargers; however, other States and the US EPA refer to a Stormwater Pollution Prevention Plan (SWPPP) to fill the same planning function.

The PPC Plan is equivalent to a typical SWPPP in many respects. Both PPC Plans and SWPPP include:

• Stormwater Management Practices
• Erosion and Sedimentation Control Practices
• Control of Non Stormwater Discharges
• Site Inspections
• Stormwater Monitoring
• SWPPP Training
• Special Requirements Applicable to SARA 313 Facilities

However, the PPC Plan has some unique requirements that are not typically part of SWPPP compliance requirements. One of the key differences includes the specific requirements for stormwater controls to be included in the PPC:

• Specific Best Management Practices (BMPs) or stormwater controls need to be “considered” by all dischargers (e.g., “Consider installing spill and overfill prevention equipment”)
• Specific Best Management Practices (BMPs) or stormwater controls required for all dischargers (e.g., “Install oil/water separators or oil and grease traps in fueling area storm drains.”, “Do not dispose of oil filters in trash cans or dumpsters”)
• Specific Best Management Practices (BMPs) or stormwater controls required for individual industrial sectors (e.g., “use drip pans when loading or unloading liquids”, “eliminate the use of chlorine products”, “install and use dust control/collection systems”)

Contact Caltha LLP for more information on PPC templates for industrial sectors in Pennsylvania.

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Using Infiltration as Stormwater BMP - Regulatory Issues

Infiltration is used as a stormwater control or Best Management Practice (BMP) in many areas. However, infiltrating run-off has some unique regulatory issues. First, in some States, infiltrating stormwater is a viable means to eliminate a discharge that would otherwise require an NPDES discharge permit. However, in most cases, the system would need to infiltrate all run-off from even the largest rain events. In addition, seasonal changes must also be considered; all run-off would need be collected and infiltrated even during frozen conditions. Some States, such as Minnesota, regulate groundwater as a "water of the State", and therefore can regulate discharges to the groundwater using infiltration.

The Minnesota Pollution Control Agency (MPCA) has been drafting regulations relating to infiltration of stormwater at sites regulated under the industrial stormwater discharge general permit. These requirements are still in revision, however as of November 2008 the format for regulation of infiltration as a stormwater control has included:

• Design criteria for amount of run-off to be infiltrated
• Rate at which infiltration must occur after a storm event
• Pretreatment requirements for run-off prior to discharge to designed infiltration basin
• Stormwater monitoring requirements and standards ("benchmarks") for run-off prior to discharge to designed infiltration basin
• Operation and maintenance requirements.

The draft MPCA infiltration requirements also include several prohibitions, where infiltration can not be used to manage stormwater. These include:

• Certain industrial sectors are prohibited from using infiltration BMPs;
• Certain sensitive areas where groundwater is vulnerable to contamination, including karst areas, and well head protection areas.

Finally, under some circumstances the disposal of stormwater run-off using a designed infiltration system can be further regulated as a Class V Injection Well. This will require further permitting and associated regulation.

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MPCA Industrial Stormwater - Key Elements of Draft Permit

UPDATE: On July 6, 2009, MPCA is scheduled to release its proposed Multisector Industrial General Stormwater Permit. In July, Caltha LLP will be hosting seminars in several cities across Minnesota to provide information on the proposed permit and rule changes, and steps facilities can take to reduce their impact.

For more information, go to:

MPCA SWPPP Permit - Industrial Stormwater Permit Reissue Seminars

++++++++++++++++++++++++++

The Minnesota Pollution Control Agency has been drafting its revised general permit for stormwater discharges from industrial sites. The current general permit was written in 1997, and the upcoming revision will reflect major changes in stormwater permitting requirements.

A partial draft permit was released on November 20, 2008. This draft did not contain some important sections of the permit – most significantly, it did not include any SECTOR SPECIFIC requirements which will be incorporated into the final permit. All sections of the draft are subject to further revision; this article provides a briefing on some of the key elements of the draft permit.

Some key requirements in the draft permit are:

Requirements for Designated “Special” Waters. MPCA intends to have additional requirements for stormwater discharges to a number of different types of special waters, such as trout streams, wetlands and others. The nature of these additional requirements has not been released.

Facility Inspections. Facility inspections will need to be conducted on a monthly basis. All employee(s) performing inspections must be trained.

Maintenance of BMPs. If BMPs/structural controls are found to be not functioning properly, repairs should be made within seven days. Anyone performing installation, inspection, maintenance and repair of BMPs must have appropriate training.

Mercury Minimization Plan. Each permittee must evaluate their facility to determine if any sources of mercury are potentially exposed to stormwater. If mercury sources or devices are found, a Mercury Minimization Plan must be developed.

Stormwater Monitoring. The most important change compared to the current MPCA general permit is the requirement to sample stormwater discharges. All permittees will collect and analyze at least four quarterly samples during Year 2 of permit coverage. Depending on the results, further samples may need to be collected in Year 4 and 5, and corrective actions may be required. Additional reporting and evaluations will be required for dischargers who continue to exceed benchmark concentrations.

Related Links:
Flowchart of Draft MPCA Stormwater Monitoring Requirements
Further information on stormwater benchmarks
Comparison of stormwater benchmarks to typical discharge data
Further information on selecting stormwater monitoring techniques

Special Requirements for Stormwater Infiltration. MPCA intends to include specific requirements for the design and operation of infiltration BMPs. For some industry sectors, infiltration will be prohibited.

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Local Stormwater Requirements - Additional Stormwater Compliance Requirements

One of the challenges many facilities face is complying with local stormwater requirements. These requirements are beyond those requirements specified in an NPDES permit. In fact, many local requirements apply to all properties, regardless of SIC code or whether or not a facility is required to obtain a discharge permit.

One of the most challenging aspects of complying with local requirements is the fact that different jurisdictions can have widely different requirements. Cities, Counties or other jurisdictions can range from very generic requirements, or very detailed requirements. For example, the City of Tampa Bay, Florida has general requirements:

Sec. 21-9. Protection of public drainage systems. •It is unlawful to introduce any foreign matter (including, but not limited to, trash, leaves, grass clippings, debris, garbage, fill, construction materials, organic or inorganic pollutants, acids, and petroleum products), whether by action or inaction, to any public drainage system including but not limited to streets.

In contrast, the City of Fremont, CA, for example, has very prescriptive requirements. Here is a small sample of the City's requirements:

I.K. Vehicle/Equipment Repair and Maintenance –1) Vehicle/equipment repair and maintenance shall be performed in a designated area indoors, or if such services must be performed outdoors, in an area designed to prevent the run-on and runoff of stormwater. 2) Secondary containment shall be provided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid, acid-containing batteries or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas.

Whether the local requirements are general or specific, in most cases, NPDES permits require compliance with local requirements in addition to permit conditions. In preparing SWPPPs, local requirements need to be considered in addition to the permit requirements.

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Polycyclic Aromatic Hydrocarbons in Stormwater - Austin Sealcoating Studies

Collaborative studies (Fact Sheet) by the City of Austin, TX, and the U. S. Geological Survey have identified coal-tar based sealcoat as a major and previously unrecognized source of polycyclic aromatic hydrocarbon (PAH) contamination. Several PAHs are suspected human carcinogens and are toxic to aquatic life. Studies in Austin, Texas, showed that particles in runoff from coal-tar based sealcoated parking lots have concentrations of PAHs that are about 65 times higher than concentrations in particles washed off parking lots that have not been sealcoated. Biological studies, conducted by the City of Austin in the field and in the laboratory, indicate that PAH levels in sediment contaminated with abraded sealcoat are toxic to aquatic life and are degrading aquatic communities, as indicated by loss of species and decreased numbers of organisms.

This research has led the City of Austin to ban the use of coal-tar sealants for roads, parking lots, driveways, and other paved areas.

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info@calthacompany.com
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