Regulatory Connection DHEC/MS4 Relationship and What is

Transcription

Regulatory Connection DHEC/MS4
Relationship and What is Required
for Construction Redevelopment
Activities?
J.P. Johns, PE – Discipline Leader Watershed Resources- Woolpert
SC State Rep - International Erosion Control Association
Agenda
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Water Quality Regulations
Regulatory Connection
Basic SMS4 Permit Requirements
Typical Construction Program Elements
Decisions
Acronyms
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BMPs – Best Management Practices
CGP - Construction General Permit
CWA – Clean Water Act
DHEC - South Carolina Department of Health and Environmental Control
EPA - U.S. Environmental Protection Agency
MS4- Municipal Separate Storm Sewer System
NOI – Notice of Intent
NPDES – National Pollutant Discharge Elimination System
SMS4- Small Municipal Separate Storm Sewer System
SC - South Carolina
SWP3 - Stormwater Pollution Prevention Plan
• 1987 – Water Quality Act
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Amendment to the CWA
Phase I rules added to CWA
Promulgated in 1990
Non-point sources of pollution including construction sites,
industrial sites and MS4s required to obtain coverage to
discharge stormwater into the nation's waterways.
Things You See In The Field
NPDES Phase I Requirements
• NPDES requirements
• Implemented and regulated by
SCDHEC in SC
• Required all construction
sites disturbing ≥ 5 acres
to obtain coverage to
discharge stormwater.
• Defined 11 categories of activity, including construction if
disturbance of activity ≥ 5 acres than NPDES approval
required.
• Required all municipalities with populations equal to 100,000 or
more to acquire coverage for Non Point Source discharge.
NPDES Phase II Requirements
• Promulgated in 2003
• Required all construction sites disturbing 1-5 acres to
acquire permit coverage under NPDES program.
• Added 1-5 acres in Industrial activities and expanded
upon the no exposure limitation from 1 group of
activity to all 11 groups.
• Required municipalities with populations between
10,000 and 100,000 to obtain NPDES Coverage.
NPDES Phase II Requirements
• Second Permit Cycle Effective January 1, 2014.
• Small MS4s must develop a program to cover the
following minimum control measures:
• Public education and outreach
• Public participation/ involvement
• Illicit discharge detection and elimination
• Construction site runoff control
• Post-construction site runoff control
• Pollution prevention/ good housekeeping.
• Areas Required for Review
o SMS4s are required to review construction and
redevelopment activities that discharge to their SMS4
system in the areas outlined in their initial certificate of
coverage,
and
o In areas where the SMS4 has annexed or where the
urbanized area has expanded based on the 2010 census.
o Many SMS4 Cities and Counties (but not all) review all
projects within their jurisdictional area.
o Must make a discussion based on the positives and
negatives of reviewing all types of projects.
o Must make a discussion based on the positives and
negatives of reviewing entire jurisdictional area vs.
urbanized only.
 Specific requirements of SMS4 vs DHEC
• Does the SMS4 have more stringent design requirements?
• 2,10, and 25 year peak flow control
• Different permitting processes and review times
o DHEC webpage has a tool to assist with this.
o http://www.scdhec.gov/Environment/WaterQuality/Stormwater/WheretoApply/
o Greenville County
Location
Reviewing Entity
Fountain Inn, City of
(Including portions of the city
located within Laurens
County)
Greenville County
Greenville County
Greenville County
Greenville, City of
City of Greenville
Greer, City of
City of Greer
Mauldin, City of
Greenville County
Simpsonville, City of
Greenville County
Travelers Rest, City of
Greenville County
Address
Greenville County
Land Development Division
301 University Ridge, Suite 3900
Greenville, SC 29601
Website
Greenville County
Website
City of Greenville
Engineering and Public Works Dept.
PO Box 2207
Website
City of Greer
Building and Development Standards
106 South Main St.
Greer, SC 29650-2019
Website
Greenville County
Website
Greenville County
Website
Greenville County
Phone Number
(864) 467-4610
(864) 467-4610
(864) 467-4400
(864) 801-2026
(864) 467-4610
(864) 467-4610
(864) 467-4610
o Berkeley County
Location
Reviewing Entity
Berkeley County
(Unincorporated)
Berkeley County
Berkeley County
(Incorporated Areas not
listed)
Goose Creek, City of
SCDHEC
City of Goose Creek
Address
Phone Number
Berkeley County
Berkeley County Engineering Dept.
P.O. Box 6122
Moncks Corner, S.C. 29461
Website
Coastal Stormwater Permitting
1362 McMillan Ave, 400
Charleston, SC 29405
(843) 719-4098
City of Goose Creek
Department of Public Works
P.O. Drawer 1768
Goose Creek, SC 29445-1766
(843) 824-2200
(843) 953-0200
(200 Brandywine Blvd. – Physical)
Website
Hanahan, City of
City of Hanahan
City of Hanahan
Department of Public Works
1255 Yeamans Hall Road
Hanahan, SC 29406-2744
(843) 554-4221
o Sumter County
Location
Reviewing Entity
Shaw Air Force Base
Shaw Air Force Base
Sumter County
(All incorporated and
unincorporated Areas –
excluding Shaw Air Force
Base)
Sumter County Soil & Water
Address
20 CES /CEV
345 Cullen St.
Shaw AFB SC 29152-5126
Sumter County Soil & Water
1975 Castlerock Dr., Ste 3
Sumter, SC 29153
Phone Number
(803) 895-5006
(803) 905-7650 x 3
o Saluda County
Location
Reviewing Entity
Saluda County
SCDHEC – Bureau of Water
Address
Stormwater Permitting
2600 Bull St.
Columbia, SC 29201-1708
Phone Number
(803) 898-4300
• Qualified Local Program (QLP)
o DHEC no longer uses the term QLP.
o That term proved extremely confusing.
 The manner that it was utilized during the last permit
cycle and the way it is used in the regulation were
inconsistent.
QLP
• Section 4.2.4 of SCR030000 -Construction Site Storm
Water Runoff Control
o Develop, implement, and enforce a program to reduce pollutants
in any stormwater runoff to the SMS4 from construction activities
that result in a land disturbance ≥ 1 acre.
• Construction activity includes:
o Clearing, grading, and excavating with land disturbance ≥ 1 acre.
o Clearing, grading, and excavating that result in disturbance < 1 acre of
total land area that is part of a larger common plan of development or
sale (LCP).
o In coastal counties, any land disturbance within a ½ mile of a receiving
water body (but not for single-family homes which are not part of a
subdivision development that result in any land disturbance < 5 acres).
• Within 18 months from the effective date of coverage, first time
permittees shall:
o Develop, implement, and enforce a program to reduce pollutants in storm
water runoff to their regulated SMS4 from construction activity.
o Develop and implement an ordinance or other regulatory mechanism to
require erosion and sediment controls, as well as sanctions to ensure
compliance, to the extent allowable under State, Tribal, or local law.
o Develop requirements for construction site operators to implement
appropriate BMPs.
o Develop requirements for the design, installation and maintenance of
effective pollution prevention measures for construction site operators.
o Require each operator of a construction activity to prepare and submit a
Stormwater Pollution Prevention Plan (SWP3) prior to the disturbance of
land to the SMS4 to review and approve.
o Implement procedures for inspecting construction projects.
o Develop an Enforcement Response Plan containing a description of how
to use specific type of responses to address various types of violations.
o Ensure that all staff, whose primary job duties are related to
implementing the construction stormwater program, including permitting,
plan review, construction site inspections, and enforcement, is trained to
conduct these activities.
o Develop and implement an effective communication process with
construction contractors to educate them on areas in which
improvements are needed and to enforce any required actions.
o Implement procedures for receipt and consideration of information
submitted by the public.
Typical Construction Program Elements
Ordinance
and Legal
Authority
Project
Close Out
Enforcement
Site
Inspection
Construction
Program
Plan
Review
Design
Manual
Plan
Submittal
Ordinance and Legal Authority
• Considerations
o How long it will take to create and pass a new Ordinance to require
erosion and sediment controls, as well as sanctions to ensure
compliance.
 Is there political resistance to creating or modifying this Ordinance?
 Are there special interest groups for or against the SMS4 creating or
modifying the Ordinance?
 Will Ordinance requirements meet minimum standards or will they be
more stringent?
o Conduct public meeting(s) to educate community.
Construction Site Runoff Design Manual
• Considerations
o Design Requirements
 Include Requirements of SC Standards for Stormwater Management
and Sediment Reduction Regulation 72-300 thru 72-316 72-300.
 Include Requirements of Construction General Permit SCR100000.
o Design Methodologies
o Calculations
o Standard Specifications
o Standard Details
• Use Existing Design Manuals
o DHEC
o Adopt Municipality Manuals
o Create Manual specific the SMS4
Plan Submittal Requirements
• Submittal Requirements
o Notice of Intent (NOI)
o Design Plan Requirements
 Comprehensive SWPPP (C-SWPPP)
 On Site SWPPP
 Plan Submittal Checklist
Plan Review Procedures
• Implement site plan review procedures that at a minimum:
o Make clear to operators that they are prohibited from commencing
construction activity until they receive of written approval of the plans.
o Approve SWP3 that complies with:
 Technical requirements of the effective NPDES General Permit for
Storm Water Discharges from Construction Activities, SCR100000, or
 Establish alternative technical criteria specific to the SMS4 that are
equally, or more, protective of water quality.
Plan Review Procedures
• Implement site plan review
procedures that at a minimum:
o The SWP3 must include the
rationale used for selecting
control measures, including how
the control measure protects
waterway or stormwater
conveyance.
o Use qualified individuals,
knowledgeable in the technical
review of SWP3 to conduct
reviews.
o Document the review of each
SWP3 plan using a checklist or
similar process.
Construction Site Inspection Program
• Maintain inventory of all active construction projects.
o Inventory continuously updated as new projects are permitted and
projects are completed.
o Contain relevant contact information for each project (name, address,
phone, etc.), size of the project and area of disturbance.
o Track the number of inspections for the inventoried construction sites
throughout the reporting period to verify the sites are inspected at
minimum frequencies required.
o Document inspections and enforcement activities for each site in the
inventory.
Construction Site Inspection Program
Site
All sites 5 acres or larger in size
SMS4 Inspection Frequency
All new approvals must be inspected initially
within the first 2 weeks of commencement of
land disturbing activity.
All sites 1 acre or larger that discharge to a
tributary listed by the state/tribe as an impaired
water for sediment, turbidity, or BIO under the
All active sites shall be inspected at least
CWA section 303(d)
monthly during construction.
All sites determined to be a significant
threat to water quality*
All inactive sites shall be inspected at least bimonthly
All other construction sites with 1 acre or more
of soil disturbance not meeting the criteria
specified above
Inspection must occur at least monthly
Final Inspection
Inspect all permitted projects to ensure that all
graded areas have reached final stabilization
and that all temporary control measures are
removed and permanent stormwater
management BMP are permitted as required
* In evaluating the threat to water quality, the following factors must be considered: soil erosion potential; site
slope; project size and type; sensitivity of receiving waterbodies; proximity to receiving waterbodies; non
stormwater discharges; past record of noncompliance by the operators of the construction site; proximity to
sensitive water bodies; and, other factors relevant to particular SMS4.
Enforcement
• Develop an Enforcement Response Plan (ERP)
o Description of how to use specific type of responses to address various
types of violations.
o Types of response;
 Verbal warnings,
 Written notices, and
 Escalated enforcement measures such as citations, notice of
violation (NOV), fines, stop work orders, etc.
 DHEC Involvement
Enforcement
• Develop an Enforcement Response Plan (ERP)
o Specific strategies for escalating enforcement response, where
necessary, to address persistent, repeat or escalating violations.
o Ensure ERP is reasonably effective in reducing pollutant discharges to
the MEP and to protect water quality.
Project Close Out
• Project Close Out Procedures
• Close Out Inspection
• Notice of Termination (NOT)
Staff Training
• Ensure all staff, whose primary job duties are related to
implementing the construction stormwater program, including
permitting, plan review, construction site inspections, and
enforcement, is trained to conduct these activities.
• Training can be conducted by permittee or outside training.
Certified Erosion Prevention and Sediment Control Inspector (CEPSCI)
Certified Stormwater Plan Reviewer (CSPR)
South Carolina Association of Stormwater Managers (SCASM)
Clemson University Center for Watershed Excellence
 Carolina Clear
 Master Pond Manager
 Post-Construction BMP Inspection
 Landscape Professional
o IECA Training Events
o
o
o
o
Decisions
• How many potential projects do you anticipate to permit annually?
• Do you have current staff to implement the program?
• Do you need to hire more staff?
• Do you need to train staff?
• Do you need to make capital purchases to implement the program?
• How will you fund the program?
• Is this a responsibility you can take on?
o Consider intergovernmetnal agreements with other MS4s to implement this program?
References
• SCDHEC webpage
http://www.scdhec.gov/Environment/WaterQuality/Stormwater
Photos
Dr. J.C. Hayes
Dr. Cal Sawyer
Chuck Jarman, PE
Questions

Regulatory Connection DHEC/MS4 Relationship and What is

Transcription

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