Construction SWP3’s:
The Who, What, When, & Why
for NPDES Permits #OHC000004 & #OHQ000003
Patricia Tebbe, Ohio EPA Lynette Hablitzel, Ohio EPA Division of Surface Water Northwest District Office December 10, 2014
Spilled paint
Why Regulate Construction Storm Water?
Oil, Fuel &
Other Fluids
Trash & Debris
Sanitary Waste
Concrete Washout
Leaking Equipment
NPDES Permit Coverage Required for…
Storm water discharges to surfaces waters of the state
from construction activities that cumulatively disturb 1 acre
or more in the larger common plan of development or sale.
• Not required for discharges to Combined Sewer
Systems
• Construction Activities are any earth disturbing activity
(exposes soil), including: ▫ Clearing/Grading/Grubbing/Excavating/Filling
NPDES Permit Coverage Required for…
• Except:
▫ Agriculture & silvaculture CGP for barns: Yes. Planting a vineyard: No. Pond? Depends
on the purpose…
Logging to prep for road or subdivision is not silvaculture.
▫ Oil & Gas Exploration (up to refinery or to gateway)
▫ Routine Maintenance < 5 acres Performed to maintain the original line and grade, hydraulic
capacity, or original purpose of the facility
Larger Common Plan of Development or Sale:
• “A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan” • Need to consider spoil areas, staging areas, borrow sites
• A public body need not consider all their construction
projects within their entire jurisdiction to be part of an overall "common plan." …
Larger Common Plan of Development or Sale: Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed. City runs sewer line or adds turning lane for new Dollar General or new Wal-Mart: must consider the total land being disturbed by both projects A utility company is constructing new trunk lines off an existing transmission line to serve separate residential subdivisions located more than 1/4 mile apart. The two trunk line projects could be considered to be separate projects
Who Needs a Permit?
• All operators require NPDES permit coverage
▫ Operators are those with control over the site
plans or day-to-day operations at the site
Developer, general contractor, construction site
management company, homebuilder
▫ Permit coverage must be granted before starting
work at the site
Who Needs a Permit?
• Who Submits NOI/Co-Permittee NOI? Depends on the contract language
Typically: Owner/Owner as GC/Turnkey ▫ NOI
Design/Build ▫ Owner: NOI, Contractor: Co-Permittee NOI
Multiple Primes (Construction Management) ▫ Owner: NOI, CM & Contractors: Co-Permittee NOI
Homebuilder ▫ Lot NOI
How to Obtain Permit Coverage
• NPDES Construction General Permit ▫ READ THE PERMIT
▫ Develop Storm Water Pollution Prevention Plan (SWP3)
▫ Submit NOI/Co-Permittee NOI/Individual Lot NOI Application
• Alternative: Individual NPDES permit ▫ If you question the ability to meet CGP: contact Ohio EPA staff
▫ Submit applications at least 180 days prior to ground breaking
▫ Anti-Degradation review may apply
How to Obtain Permit Coverage
• Developer submits Notice of Intent (NOI)
▫ Fee is $200 for disturbances 5 acres
▫ At least 21 days prior to the start of construction
Can not start before receiving Authorization Letter
from Ohio EPA
▫ $20/acre surcharge for larger sites, $500 max.
• General Contractor submits Co-Permittee NOI
▫ Before he starts work on project
▫ Can submit with Developer’s NOI or after Developer
obtains coverage
▫ No fee
How to Obtain Permit Coverage
• If they are not an “operator” but, are a contractor or subcontractor whose work can impact SWP3 implementation ▫ They do not need a permit, but… ▫ Permittee has duty to inform them about SWP3
requirements Must keep signed contractor certifications acknowledging
receipt of information Examples available at
http://www.epa.gov/npdes/pubs/exampleswppp_smallcommercial_apph.pdf
http://www.epa.gov/npdes/pubs/exampleswppp_residential_apph.pdf
How to Obtain Permit Coverage
• Home Builder submits Individual Lot NOI
▫ Submit 7 days prior to date they accept responsibility
of lot
▫ No fee
▫ Developer must maintain all centralized sediment
controls
▫ If no centralized sediment controls are required: Developer must stabilize lot at least 7 days prior to transfer
Developer submits Individual Lot Notice of Termination
(Individual Lot NOT) for lot
CGP Renewal: & What Happens When They Don’t…
• OAC 3745-38-02 amended in 2010
▫ CGP coverage expires 5 years from date on Director’s
Authorization letter. If the project is not complete,
coverage must be renewed every 5 years
▫ Ohio EPA sends written notice to permittees of
previous CGP permits of the renewal
Who Reviews the SWP3?
• Ohio EPA does not typically review the SWP3 prior
to granting permit coverage ▫ Granting permit coverage does not mean the SWP3
complies with the permit!
• Ohio EPA will review SWP3s as part of the site
inspection – must be kept on site
• NPDES MS4 permits require MS4 to review SWP3s ▫ Typically, SWCD or City/County Engineer
NPDES Permits for MS4s
• MS4 Permit Requires: ▫ Ordinance/Regulatory Mechanism
▫ Standards (meet technical requirements of CGP)
▫ Most MS4s must update by 2016
▫ SWP3 Review, both Private & Public Projects
▫ Track Progress & Submit MS4 Annual Report See Handout
MS4 Annual Reports
• Construction & Post Construction Info Required ▫ Ordinance/Reg Mechanism - Cite code, provide copy
or give weblink, Note updates
▫ Provide Standards being used
▫ Plan Review - # sites requiring plans, # reviewed. Pre-construction review of all ESC & post-construction plans (SWP3s) # sites requiring long term O&M plans & agreements, #
plans/agreements in place – see website for model
MS4 Annual Reports
• Construction & Post Construction ▫ Site Inspections - # applicable sites, #
inspections, average frequency MS4 must conduct initial construction
site inspection & then monthly, As-Built Inspections of Post-
construction BMPs
▫ Enforcement - # of violation letters, # of more formal enforcement actions (include type: stop work orders, administrative orders, fines, etc.)
▫ Provide list of sites with SWP3s reviewed, sites inspected, and enforcement actions taken- see footnote on form
What is a SWP3? (Storm Water Pollution Prevention Plan)
Physically, it is…
• A site specific & stand alone document ▫ contains everything needed to bid, construct, & maintain E&S, Non-
Sediment, & Post-C controls
• Contains narrative, detail drawings, supporting calculations
• Onsite & immediately available to OEPA & MS4 ▫ Within 10 days upon written request
• Addresses entire permitted area • Ex.: NOI submitted for 20 acres. SWP3 only developed for Phase I
(5 acres). The remaining 15 acres do not have permit coverage as there is no SWP3.
What is a SWP3?
Substance, it is…
• Sediment & Erosion Controls - Permit guides the selection of these controls and requires them to be implemented within certain timeframes
• Non-Sediment Pollution Controls - To address issues such as cement washout, saw “juice”, fuel tank storage areas, waste disposal, trench dewatering, contaminated soils/water, drilling slurries, etc.
• Post-Construction Storm Water BMPs - Permanent features of the site which improve the quality of storm water runoff from the developed site. Must include O&M plan: who inspects/maintains, maintenance tasks & schedule, any needed legally binding maintenance easements & agreements, map showing easements.
SWP3 Review Is all the required info provided?
Contents include… ▫ Site Description
Nature & type of project
Area of site & area of disturbance
Post-construction impervious area & %
Pre & post construction runoff coefficients
Existing soil & discharge data, (Pewamo or Hoytville? Phase II Environmental Assessment?)
Prior land use description
Names & locations of receiving waters, areal extent of impact to wetlands
Copy of the CGP
SWP3 Review Is all the required info provided?
Contents include… ▫ Site Description
For subdivision – an example individual lot with BMPs Location of onsite asphalt or concrete plants & BMPs Logs documenting SWP3 changes, grading changes, &
stabilization ▫ ID contractors, signatures & contact info ▫ Site Map * ▫ Construction Sequence * ▫ Detail Drawings & Specifications, including O&M info* ▫ Self-Inspection Logs* ▫ Certification Statement – Signed by Permittee & Dated
SWP3 Review Site Map
• Contents Include: • Earth disturbing limits & offsite borrow/spoil areas
• Soil types
• Existing & new contours with drainage areas
• Surface water locations within 200 feet of site
• Locations of future buildings, parking lots, roads
• Location of sediment & erosion controls
• Sediment pond volume & drainage area
• Location of structural post-construction BMPs
• Waste disposal areas (stockpiles, concrete washout, etc.)
• Construction site entrances
• Location of stream crossings
• A series of site maps is appropriate for numerous
grade changes.
SWP3 Review Site Map
• Delineated watersheds ▫ For all phases of construction
▫ Pre and post-storm installation
▫ Identify all controls per watershed
• Ask yourself ▫ Where does the water go?
▫ Is there a sediment control to address it?
▫ Is it the right one?
• Ensure the design limitations are not exceeded for
each control (See CGP & Rainwater Manual) http://www.dnr.state.oh.us/water/rainwater/default/tabid/9186/Default.aspx
• Looks like most of required info is present.
• Drainage areas delineated w/ a sed control for each area.
• [(793’ -790’)/120 ft. length of slope] x 100= 2.5% slope
• According to the silt fence table in the CGP, the maximum drainage area allowed is 0.25 acres. A sed trap or basin is indicated. If there is a technical reason why sed pond could not be used, the rationale must be in the SWP3
SWP3 Review Detail Drawing & Specifications
• For each BMP shown on the site map or listed in
the narrative, is there detailed info about:
▫ When will they be implemented during the
construction sequence?
▫ How will they be built (specific dimensions)?
▫ What are their maintenance requirements?
SWP3 Review Construction Schedule
• Very project/site specific (eg. if it mentions a sed pond, there
must be a sed pond on the site map, and related detail drawings and calculations)
• Should be reviewed with contractors and updated • Include contingencies for time of year/phase of construction • Needs to cover all major phases of construction:
▫ Clearing & Grubbing and / or Demolition ▫ Mass Grading ▫ Infrastructure Installation ▫ Building Construction, including individual lots ▫ Final stabilization / Post Construction WQ
• ID contractor responsible for implementing each control
SWP3 Review Construction Schedule
• Clearing/grubbing – includes logging ▫ Construction entrance ▫ Sed controls installed within 7 days ▫ How long before earthwork starts (>14 days then stabilize)
• Demolition ▫ Inlet protection ▫ Dust mitigation
• Grading: ▫ Sed controls installed before; Sed ponds need to be in
before final cuts/fills; Temporary diversions (clean water around site, dirty water to sed pond);
▫ Can contractors work so sed pond & perimeter area are grubbed first?
Individual Lot SWP3
• Stoned construction entrance underlain with the appropriate geotextile
• Temporary seeding and mulching of all disturbed areas
• Storm sewer inlet protection for rear yard drains and catch basins
• Temporary seeding within 50 feet of any stream or wetland
• Silt fencing (where necessary)
• Concrete washout basin
• Solid waste storage/disposal
Erosion Control Practices
Mulching
Construction Entrance
Rock Check Dam
Matting
Erosion Controls Non-Numeric Effluent Limitations (CGP Part II.B)
Temporary Stabilization
Type of disturbed area Time frame to apply erosion
controls
Within 50 feet of stream but not at
final grade
Stabilize within 2 days if area is
dormant for over 14 days
Disturbed areas dormant for over
14 days but < 1 year
Stabilize within 7 days; stabilize lots >
7 days prior to transfer
Disturbed areas idle for winter Prior to onset of winter weather
Erosion Controls Non-Numeric Effluent Limitations (CGP Part II.B)
Permanent Stabilization
Type of disturbed area Time frame to apply
erosion controls
Within 50 feet of stream and at
final grade
Stabilize within 2 days of
reaching final grade
Disturbed areas dormant for over 1
year
Stabilize within 7 days of last
disturbance
Disturbed areas reaching final
grade (> 50 feet of stream)
Stabilize within 7 days of
reaching final grade
Sources:
Pitt, R., Module 4: Erosion Mechanisms and the Revised Universal Soil Loss Equation. 2004 .
Wischmeier, W.H. and D.D. Smith. Predicting Rainfall Erosion Losses - A Guide to Conservation Planning. 1978.
Soil Stabilization Area idle for ≥ 14 days? Stable if ≥ 70% growth density
• Final
Stabilization
Things you don’t normally see but
should…
Questions? Contact Ohio EPA
Lynette Hablitzel
(419) 373-3009 [email protected]
Patricia Tebbe
(419) 373-3016 [email protected]
Or, visit our website at www.epa.ohio.gov/dsw/storm/index.aspx
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