Continuing Education Associated with Maintaining CPESC and CESSWI

Certification

Module 3: ODOT’s Stormwater Management Program and Water Quality Regulations

November 2012 – March 2013

Sponsors: ODOT – Local Technical Assistance Program (LTAP)

Module 3: Stormwater and Water Quality Regulations

• Brief ODOT Stormwater Management Program History

• Clean water act - Regulations

• Interpreting Ohio EPA’s Construction General Permit (CGP)

• Evaluation

Session Agenda: ODOT’s Stormwater Management Program

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We need to educate everyone involved so they understand that:

• It is easier to plan and implement the SWPPP than try to fix a violation.

• Construction activities really do impact water quality.

Module 3: Stormwater and Water Quality Regulations

CLEAN WATER ACT -REGULATIONS Stormwater and Water Quality Regulations

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BRIEF SNAPSHOT OF 20 YEARS (1992-2012) OF REGULATIONS … FOR THIS?

Module 3: Stormwater and Water Quality Regulations

Federal Regulatory Timeline

Abridged Stormwater Quality Timeline:

• 1948 – Federal Water Pollution Control Act • 1969 – National Environmental Policy Act (NEPA) • 1970 – US EPA Created by Executive Order • 1972 – FWPCA Amended – NPDES Requirements

Established – Became known as the Clean Water Act • 1977 – President signs and CWA Enacted

• 1990 – NPDES – Phase I Rules (Point Sources) • Medium and Large Municipalities • Large Construction Activities • Industrial

• 1999 – NPDES – Phase II Rules (Non-Point Source) • Small Municipalities • Small Construction Activities

Ohio given delegated authority in 1992

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Module 3: Stormwater and Water Quality Regulations

The Nationwide Pollutant Discharge Elimination System (NPDES) Regulates Discharges to the Nation’s Waters

• Introduced in the 1972 Clean Water Act – Requires permits for “point source” discharges – Initial permits focused on industries, municipal WWTPs

• 1987 CWA amendments defined stormwater discharges as point sources (confined discrete conveyance- Operator- NOI, CO-permittee).

• Permits for industries, construction sites > 5 acres, and municipalities > 100,000 population issued in early 1991 - 1992

• Permits for urban areas < 100,000 population and construction sites > 1 acre issued in 2002/2003

• Permittees must provide education / training, control construction / post-construction runoff, eliminate illicit discharges, and perform “good housekeeping” at their facilities.

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Module 3: Stormwater and Water Quality Regulations

History of ODOT’s Stormwater Program: How did ODOT get here?

• Regulatory timeline (1992 to 2014) – OEPA is delegated by US EPA to implement NPDES programs

• Ohio EPA Develops General Permits – Construction General Permit – MS4 General Permits – Other NPDES Permits of note

• Hydro-Demolition Permit • Industrial Stormwater Permit

- ODOT NEPA Requirements, 401/404 Requirements

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Module 3: Stormwater and Water Quality Regulations

Stormwater, Erosion and Sediment Control at ODOT

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• Stormwater Discharge Permits – NPDES Construction General Permit (CGP) – 1992, 2003, 2008, 2013 – Municipal Separate Storm Sewer Permit (MS4) – 2003, 2009, 2014

• Construction Site Compliance

Module 3: Stormwater and Water Quality Regulations

Focus on Two Specific NPDES Permits

• Construction General Permit (CGP) (OHC000003) – For earth-disturbing construction activities > 1 acre – Temporary sediment and erosion controls during construction – Post-Construction controls

• Municipal Separate Storm Sewer System (MS4) permit – Six Minimum Control Measures (MCMs):

• Public education & outreach • Public involvement • Illicit discharge detection & elimination • Construction site runoff control • Post-construction runoff control • Pollution prevention / good housekeeping Permanent post-

construction stormwater controls

• Be aware of impacts to other/adjacent MS4 programs 8

Module 3: Stormwater and Water Quality Regulations

Ohio EPA’s Alternative Construction General Permits are Watershed-based

• Alternative CGP: more prescriptive than General CGP

– Big Darby Creek (OHCD00002) – Temporary stabilization for areas with no activity for 14 days – within 7 days of the most recent activity. Sampling required at each outfall for each sediment trap or basin.

– Olentangy River (OHCO00001) – Non-structural preservation

methods, Riparian Setback Requirements, Riparian Setback mitigation, Post-Construction BMPs w/detail drawings and maintenance plan.

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Module 3: Stormwater and Water Quality Regulations

History of ODOT’s Stormwater Program: How did ODOT get here?

• ODOT Develops Erosion and Sediment Control Handbook – Develops SWPPP and implements inspections in house

• ODOT lead SWPPP designs 1992-2005 • Process could not keep up with construction plan reviews • Something had to be done!

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Module 3: Stormwater and Water Quality Regulations

History of ODOT’s Stormwater Program: Findings and Orders

• Handbook initially created in response to the initial CGP to allow ODOT to attempt to do SWPPPs in house.

• ODOT could not keep up construction, difficult to manage and contractors non-performing and under bidding E/S.

• Could not dictate contractor means and methods. - Example - $90 million project- $6k

worth of controls • Findings & Orders Levied in 2005.

Module 3: Stormwater and Water Quality Regulations

History of ODOT’s Stormwater Program: Findings and Orders

• ODOT Could not keep up with construction, difficult to manage, contractors non-performing, under bidding E/S.

• June 2005 – OEPA issues Findings and Orders associated with 2 ODOT projects erosion and sediment control practices.

• Key ODOT action items within the findings and orders:

– Plan for educating/training staff and contractors – Project manager level liaison w/ OEPA to deal with regulatory

issues- ODOT Office of Construction Administration – Ron’s role as liaison

– Response plan – Contract escalation process – Industry outreach

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Module 3: Stormwater and Water Quality Regulations

History of ODOT’s Stormwater Program: Findings and Orders

Fines were issued for both violations

Findings and Orders - Resulted in ODOT having to allocate resources towards project erosion and sediment

controls, design, inspection and management

Issuing of Findings and Orders required a response from ODOT – SS832!

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Module 3: Stormwater and Water Quality Regulations

Stormwater, Erosion and Sediment Control at ODOT

– Contractor-centric: 2006 - present

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Module 3: Stormwater and Water Quality Regulations

Stormwater Control Strategies ODOT’s MS4 Permit & Your Project

Permit Requirement: •“You shall develop, implement, and enforce a program to reduce pollutants from construction activities…”

•Continued failure at the project level will have increasing enforcement level consequences

Increased level of acceptance for SWPPPs will help produce

successful projects!

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Module 3: Stormwater and Water Quality Regulations

INTERPRETING OHIO EPA’S CONSTRUCTION GENERAL PERMIT (CGP) AND OTHER NPDES REQUIREMENTS

ODOT’s Stormwater Management Program

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: Overview of Ohio EPA’s CGP

• Regulates construction activities disturbing > 1 acre • Provides application requirements (Notice of Intent) • Describes Stormwater Pollution Prevention Plan (SWPPP)

Requirements – Documentation Standards – Performance Standards – Phasing and Updates – Shared / transferred responsibilities

• Inspection, maintenance, and documentation • Project completion requirements (Notice of Termination) • Standard conditions

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: What is a Stormwater Pollution Prevention Plan (SWPPP)?

A Storm Water Pollution Prevention Plan :

• Shall be a comprehensive stand alone document.

• Shall identify potential pollutant sources that can be expected to affect water quality.

• Shall describe and ensure implementation of BMPs that reduce pollutant during construction (Temporary Controls) and pollutant associated with post-construction activities (Permanent Controls).

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: What is a Stormwater Pollution Prevention Plan (SWPPP)?

A Storm Water Pollution Prevention Plan : • Shall be prepared in accordance with sound engineering/or

conservation practices by a professional experienced in the design of standard erosion and sediment controls and stormwater management practices addressing all phases of construction. – Registered Professional Engineer in Ohio (PE) – and are – Certified Professional in Erosion and Sediment Control (CPESC)

• Shall be prepared and implemented prior to the start of construction.

• Must be modified to reflect changes during construction.

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: What is a Notice of Intent (NOI)?

• Application for coverage under OEPA’s Construction General Permit • OEPA allows ODOT to submit the NOI prior to having the SWPPP completed

(Part III B page 10 of 40). • ODOT District, as lead Responsible Party under the CGP, prepares Notice of

Intent (NOI) at least 30 days ahead of proposed construction • Contractor completes/signs NOI Co-permittee form, indicating:

– Contractor has read and understands the NPDES permit requirements – Contractor will adhere to these throughout the course of the project – Contractor provides/has on staff a person who is knowledgeable on OEPAs CGP

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: What is an Authorization to Proceed?

Authorization to Proceed: • Typically is a letter of authorization from OEPA notifying the

responsible party that they can commence construction activities.

• Activities started prior to receipt of this letter is a violation of the CGP.

• Typically ODOT District Construction Engineer will submit the NOI and should be listed as the primary responsible party.

• Typically ODOT District Construction Engineer will received the ATP letter. – Contractor should request copy of the authorization letter.

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: What is a Notice of Termination (NOT)?

• Request for release from CGP coverage stating that the site has reached final stabilization

• Contractor must submit: – Permit Information (i.e., Permit No. assigned by OEPA) – Owner/Applicant Information – Facility/Site Location Information (from NOI form) – Reason for Termination (i.e., transfer of ownership, project completed, etc.)

• Site remains bound by permit conditions until NOT is filed by ODOT.

• Must be submitted no later than 45 days after completion of land disturbing activities

• Violation of permit if not submitted

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: Enforcement and Penalties

• Ohio EPA enforcement actions: – Notice of Violation letter – Administrative orders

• EPA can impose fines and penalties without court action • Max is $11,000 /day with a total max of $32,500 for Class I

offenses and $157,500 for Class II – Civil actions

• EPA may bring civil suit without administrative order • Max penalty is $37,500 per violation (per day)

– Criminal prosecutions • Violations may include failure to maintain proper records,

practices, etc. • Penalties from $37,500 /day to >$1M and imprisonment, or both

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Module 3: Stormwater and Water Quality Regulations

Interpreting Ohio EPA’s NPDES Permits: Citizen Suits

• CWA allows private citizens to initiate civil actions against alleged violators

• Must file notice of intent to sue and provide 60-day grace period before filing suit in federal district court

• Commonly filed by environmental groups who have members with standing (i.e., damage)

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Module 3: Stormwater and Water Quality Regulations

INTERPRETING OTHER REQUIREMENTS IMPACTING ODOT PROJECTS

ODOT’s Stormwater Management Program

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Module 3: Stormwater and Water Quality Regulations

Total Maximum Daily Load Program (TMDL) Snapshot

• Total Maximum Daily Load – Defines the amount of a particular pollutant that a waterbody can assimilate on a daily basis without violating applicable water quantity standards. – What does this really mean for us?

• SWPPPs need to account for TMDL watersheds with alternative general construction permits (ACGP).

• Inspections/sampling required at the outfall of each temporary settling pond w/in the ACGP (currently Big Darby watershed only).

• Bid estimate needs to account for these requirements and level of effort.

• SWPPP needs to indicate sampling locations. • These supersede the statewide CGP. 26

Module 3: Stormwater and Water Quality Regulations

Ohio Total Maximum Daily Load Program Progress

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Module 3: Stormwater and Water Quality Regulations

What Actions Require 401/404 Permits?

• Discharging dredged/ fill material into the waters of the U.S. requires a Section 404 permit from the U.S. Army Corps of Engineers (USACE).

• In order to obtain a Section 404 permit from the USACE, Ohio EPA must issue a Section 401 WQ certification that the discharge will meet appropriate Water Quality Standards.

• Nationwide 404 permits with pre-defined 401 mitigation requirements cover projects impacting short stream lengths / small wetland areas.

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Module 3: Stormwater and Water Quality Regulations

404 Permit Requirements and Special Provisions

404 Permit requirements • In-stream activities shall not result in the permanent

destabilization of the stream banks or stream bed • Stream bed shall be restored to conditions that existed prior to

work • Temporary fills must be removed in their entirety and areas

returned to preconstruction elevations • Stream channel modifications must be the minimum necessary to

construct or protect the linear transportation project • Authorizes temporary structures, fills, and work necessary to

construct the linear transportation project • These project requirements are detailed in the Special provisions

and are paid for as part of these provisions. 29

Module 3: Stormwater and Water Quality Regulations

EVALUATION Stormwater and Water Quality Regulations

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STUMP THE EXPERT – ASK A PERMIT QUESTION

Module 3: Stormwater and Water Quality Regulations

Are you Smarter than a Stormwater Geek?

• Q1: What does TMDL stand for? a. Tom, Michael, Dan and Larry b. Total Maximum Daily Load c. Time Materials Daily Log d. Total Maximum Daily Lunch e. all of the above A1: b.

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Module 3: Stormwater and Water Quality Regulations

Are you Smarter than a Stormwater Geek?

• Q2: What does CWA stand for? a. Clean Water Action? b. Clean Waste Acceleration? c. Clean Water Act? d. Clean Wave Action? e. all of the above?

A2: c.

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Module 3: Stormwater and Water Quality Regulations

Are you Smarter than a Stormwater Geek?

• Q3: What does NPDES stand for? a. National Pollutant Discharge Elimination System b. Natural Pollution Discharge Elimination System c. Normal Pollution Discharge Elimination System d. National Population Demographics Estimating Service e. all of the above

A3: a.

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Module 3: Stormwater and Water Quality Regulations

Are you Smarter than a Stormwater Geek?

• Q4: Who is responsible for approving 404 permits? a. OEPA/STATE b. USACE c. ODNR/State d. SAO e. all of the above

A 4: b.

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Module 3: Stormwater and Water Quality Regulations

END - MODULE 3 Stormwater and Water Quality Regulations

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