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Association of County Commissions of Alabama Annual Legislative Conference December 2, 2010

Association of County Commissions of Alabama Annual Legislative Conference December 2, 2010. Update on ADEM Construction Permits. Vernon H. “Chip” Crockett, P.E. Chief of Stormwater Management Branch Water Division Alabama Department of Environmental Management.

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Association of County Commissions of Alabama Annual Legislative Conference December 2, 2010

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  1. Association of County Commissions of Alabama Annual Legislative Conference December 2, 2010 Update on ADEM Construction Permits Vernon H. “Chip” Crockett, P.E. Chief of Stormwater Management Branch Water Division Alabama Department of Environmental Management

  2. Construction Stormwater • Effluent Limit Guidelines for Turbidity • Transition from Permit-By-Rule to a General Permit

  3. Alabama Is A Water-Rich State • 77,242 miles of rivers/streams • Number 1 in Nation • 490,472 acres of ponds/lakes/reservoirs • 610 square miles of estuaries • 3,600,000 acres of freshwater wetlands • 27,600 acres of coastal wetlands

  4. Overview Construction site discharges regulated through National Pollutant Discharge Elimination System (NPDES) Alabama “Permit-by-Rule” System since 2003 All construction sites disturbing 1 or more acres of land are required to obtain permits Stand-alone projects Projects that are part of a common plan of development or sale

  5. Program Implementation • ADEM’s Field Operations Division • Field Compliance Monitoring • Live Inspections • Aerial Surveillance • Warnings and Violation Notices • ADEM’s Water Division • Program Administration • Registrations • Desk Compliance • Administrative Enforcement • (Administrative Orders; Litigation, etc.)

  6. Program Overview • Registration • Construction Best Management Practices Plan (CBMPP) Development and Implementation • Inspections and Maintenance • Recordkeeping and Reporting adem.alabama.gov

  7. Compliance Issues • Failure to register • Expired registrations • Poorly maintained controls • Misuse of controls • Poorly designed controls If can’t control it, don’t disturb it!

  8. Transition to General Permit • Keep the program focused on what matters • Implement needed revisions • Implement new requirements promulgated

  9. New Rules from EPA EPA must periodically identify industries for regulation (304(m)) EPA selected C&D industry in 2000 Proposed rule in 2002 Withdrawal of proposal in 2004 Litigated by environmental groups and states Court found EPA has a mandatory duty to issue ELGs identified in 304m Court ordered deadlines December 1, 2008 proposal December 1, 2009 final rule

  10. Non-Numeric Requirements Erosion and Sediment Controls Soil Stabilization Pollution Prevention Measures Prohibited Discharges Surface Outlets Photos courtesy of USGS and Dane County, WI

  11. Surface Outlets When discharging from basins and impoundments, utilize outlet structures that withdraw water from the surface, unless infeasible. Skimmer Weir Flashboard riser Photo courtesy of http://www.fairclothskimmer.com/index.html

  12. Turbidity Limitation and Monitoring • 280 NTU Daily Average Limit • Monitoring frequency and protocol left up to the States • Stayed

  13. Status of ELG Rule • Immediately, EPA is sued by multiple parties in the 7thCircuit Court of Appeals. • June 2010; petition for administrative reconsideration • August 2010; EPA files a motion for partial remand rule • Concedes errors in calculation of the ELG • Court remands the case to EPA for “further proceedings” but does not vacate rule • November 2010, EPA promulgates a stay of the ELG, effective January 4, 2011 • December 2010, EPA expects to propose a revised ELG with a projected effective date in May 2011

  14. Schedule for Construction General Permit May / June 2010 Informal review by and discussion with EPA. July 2010 Released working draft / launch website August / September 2010 Workshops in Birmingham, Mobile, Tuscaloosa, and Auburn Public Comment Period initiated November 16, 2010 Public Hearing; January 7, 2011 Projected Issuance; Feb-Mar, 2011

  15. Highlights of the Permit • Includes same basic site erosion and sediment control practices as the current rule • Notice of Intent (NOI); significantly streamlined • Coverage granted upon receipt of complete NOI, except priority construction sites

  16. Priority Construction Sites Sites discharging to: • 303d Waters Impaired due to: • Turbidity • Siltation • Sedimentation • TMDLs • OAW & ONRW • CBMPP must be submitted to ADEM for review prior to coverage being granted Source: Alabama Outdoors Magazine

  17. Turbidity Monitoring • Priority Construction Sites disturbing 10 or more cumulative acres • Measure and record turbidity of the discharge and in-stream • Sampling conducted during monthly or rain-event inspections (i.e. after .75” rainfall) • No standard or limits for effluent turbidity • State water quality standards: • Turbidity shall not exceed 50 NTU above background, or • Cause substantial visible contrast

  18. Questions? Chip Crockett Chief of Stormwater Management Branch Water Division Alabama Department of Environmental Management vhc@adem.state.al.us 334-271-7974

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