APPLICATIONS OF WATER QUALITY REGULATIONS

APPLICATIONS OF WATER QUALITY REGULATIONS

Module 22, part c – Applications

Developed by: Desotelle Updated: U6-m22c-s2

Objectives

Students will be able to: evaluate examples of land alternations to determine

necessary permits based on current regulations. describe the major aspects of the Storm Water

Pollution Prevention Plan. Evaluate measures used for development on wetland

areas. describe the roles of the Army Corps of Engineers and

the EPA in managing Section 404. define source water. describe methods used to assess source water.


Applications of water quality regulations

Construction site NPDES (section

402) Program (regulation)

Wetland alteration Sections 401 and

404 (regulation) Source Water

Assessment State revolving loan

program (incentive)

MN Erosion Control Assoc.

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Construction site

A construction contractor has just won a bid to build 16 homes on a 160-acre parcel.

Under the Clean Water Act, what permit(s) do you need?

•CR Planning, Inc.


NPDES Construction General Permit (CGP)

Does your construction project disturb one or more acres of land?

If yes, you will need to submit an application called a Notice of Intent (NOI).


Stormwater Pollution Prevent Plan (SWPPP)

You are required to develop and implement a SWPPP and maintain all best management practices (BMPs) during each stage of the project.

BMPs are the techniques (buffers, silt fences, detention ponds, swales, etc.), schedules of activities, prohibitions of practices, and maintenance procedures to prevent or reduce the discharge of pollutants.


SWPPP components

1. Minimize area to be disturbed

2. Protect waterways and stabilize drainageways

3. Phase construction activities

4. Stabilize exposed soils immediately

5. Avoid steep slopesMN Erosion Control Assoc.



Basic SWPPP principles Divert stormwater away

from disturbed areas. Install BMPs to

control erosion and sediment

manage stormwater Inspect the site regularly Revise the SWPPP as

conditions change Minimize exposure of

bare soils Keep the construction

site clean MN Erosion Control Assoc.



Follow SWPPP until project complete

Inspect and maintain BMPs regularly.

Keep records of your maintenance activities and any modifications for review during inspection.

File an electronic Notice of Termination when project is complete.





Doing it right vs doing it wrong!


MN Erosion Control Assoc.MN Erosion Control Assoc.



Doing it right vs doing it wrong!


MN Erosion Control Assoc.MN Erosion Control Assoc.



Write a NOI for the site

Fill out a NOI by creating a scenario based on this diagram.

Notice the detail needed, and this does not include writing a SWPPP.

•CR Planning, Inc.


NOI Form


Site to be developed

Site with wetlands

delineated

Wetland alteration

Desotelle Consulting Plc Desotelle Consulting Plc


Corps of engineers jurisdiction


Avoidance

Avoid adverse impacts

Are there practicable alternatives?

Avoiding wetlands may limit number of lots or the lot size



Minimization

If impacts cannot be avoided, appropriate and practicable steps to minimize adverse impacts must be taken.

How can you minimized impacts?



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Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain.

How much area is impacted? Develop restoration plan for

areas filled. mitigation Area fill locations

Compensation


Section 404 permit authority

Army Corps of Engineers administers the day-to-day program, including individual permit

decisions and jurisdictional determinations. develops policy and guidance. enforces Section 404 provisions.

Environmental Protection Agency develops and interprets environmental criteria used in evaluating

permit applications. determines scope of geographic jurisdiction. approves and oversees State administered programs. identifies activities that are exempt. reviews/comments on individual permit applications. has authority to veto the Corps' permit decisions (Section 404[c]). can elevate specific cases (Section 404[q]). enforces Section 404 provisions.


What about section 401?

Does water quality certification (section 401) add another layer of bureaucracy or cause delays?

It shouldn't. Allows states to take

a more active role in wetland decisions.

Courtesy of Dane County, WI


Source Water Assessment

Well distance to potential source from the MN Well Code.Well distance to potential source from the MN Well Code.


What is source water?

Untreated water from streams, rivers, lakes, or underground aquifers which is used to supply private wells and public drinking water.

Preventing drinking water contamination at the source makes good public health, economic, and environmental sense.

http://www.epa.gov/safewater/protect/pdfs/swppocket.pdf


What regulation helps protect drinking water in your community?

Pumping water from a well draws the water table down and can pull in contaminants from the well’s area of influence.


Safe Drinking Water Act

Focus on source water protection - 1996 Safe Drinking Water Act Amendments

Source Water Assessment Programs (SWAPs) assess areas serving as sources of drinking water identifies potential

threats initiates protection

efforts•http://www.health.state.mn.us/divs/eh/water/swp/


Safe Drinking Water State Revolving Fund

For source water assessments and protection measures

For a mixture of source water related local assistance activities


What is in a source water assessment?

1. Delineate the source water assessment area2. Conduct an inventory of potential sources

of contamination3. Determine the susceptibility of the water

supply to those contamination sources4. Release the results to the public


References

EPA Wetlands http://www.epa.gov/owow/wetlands

U.S. Army Corps of Engineers – Section 404 permit application. http://www.spk.usace.army.mil/pub/outgoing/co/reg/ENG4345.pdf

EPS Source Water Assessments http://www.epa.gov/safewater/protect/factsh4.html

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APPLICATIONS OF WATER QUALITY REGULATIONS

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