Storm Water Permit Update: 2012 Construction Activities Stakeholder Meeting

1. 2012 Storm Water General Permit For Construction Activities(OKR10) Stakeholder Advisory Committee Meeting December 15, 2011 Watershed Planning and Storm Water Permitting WQD/ODEQ

2. 2012 Storm Water General Permit • For Construction Activities(OKR10) • AGENDA • Welcome / Introduction • Reissue Timeline • DEQ’s Identified Issues • Other Potential Issues

4. Proposed Timeline for Reissuing Construction General Permit (OKR10) 12/15/2011 – 1st stakeholder advisory committee meeting; 01/19/ 2012 – Preliminary review of 1st proposed permit and 2nd stakeholder meeting; 02/16/2012 – Review 2nd proposed permit and conduct the final stakeholder meeting; 03/01/2012 - Submit final draft permit to EPA; 06/15/2012 – Release final draft permit for public comment; 09/12/2012 – Issue new 2012 permit.

5. ODEQ Identified Issues – 1. Reorganized to be clear what requirements are non-numeric technology-based effluent limits and water quality-based effluent limits EPA proposed permit: • Effluent Limitation Applicable to All Discharges from Construction Sites; • Numeric Turbidity Limit and Sampling Requirements; (no numeric limit for turbidity) • Water Quality-Based Effluent Limitations issued.; • Inspections; • Corrective Actions; • Staff Training Requirements.

6. ODEQ Identified Issues – 2. Including “Corrective Actions” “Corrective Actions” are any actions you take to: • Repair, modify, or replace any storm water control used at the site; • Clean up and dispose of spills, releases, or other deposits found on the site; and • Remedy a permit violation.

7. ODEQ Identified Issues – 3. Including numeric effluent limits for discharges from asphalt batch plants 1. Numeric effluent limits (MSGP Sector D) • TSS: 23 mg/l, daily max., 15 mg/l, 30 day avg.; • Oil & Grease: 15 mg/l daily max., 10 mg/l, 30 day avg.; • pH: 6.5-9.0 S.U. 2. Addendum E “Monitoring and Reporting Requirements for Asphalt Batch Plants”

8. ODEQ Identified Issues – 4. Eliminating calls to the USFWS If a proposed construction or land disturbing activity is within the listed sensitive water or watershed, and cannot meet any criteria in Part 1.3.2.E • You must contact ODEQ for alternative requirements; • Add Addendum F “Buffer Guidance” to evaluate alternatives.

9. ODEQ Identified Issues – 5. Adding new provision for “practice of engineering” If any part of the SWP3 involves the “practice of engineering”, then those engineering practices and designs are required to be prepared by a registered professional engineer. • Include Definition of “practice of engineering” - the Statutes and Rules of Oklahoma State Board of Licensure for Professional Engineers & Land Surveyors, Section 472.2

10. ODEQ Identified Issues – 6. Adding new technology-based effluent limits which are proposed by the EPA Non-numeric Limitations • Minimize sediment discharges from the site by using perimeter control and stabilized entrance (50ft); • Provide and maintain natural buffers around surface waters, direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration, unless infeasible.

11. ODEQ Identified Issues – 7. Including a copy of the inspection form Include an inspection form as one of the required elements of the SWP3

12. ODEQ Identified Issues – 8. Clarifying responsibilities of multiple builders and provide examples ??? Examples provided by Arkansas or Texas permit Clarify responsibilities where there are multiple operators on one site. “Primary Operator” vs. “Secondary Operator”

13. ODEQ Identified Issues – 9. including a reference to the EPA’s BMP list EPA’s website http://cfpub.epa.gov/npdes/stormwater/const.cfm

14. ODEQ Identified Issues – 10. Adding a new NOI item for project purpose to identify those project ODEQ does not have jurisdiction What type of project will you be constructing on this site? Enter the appropriate name to indicate the type of project. For example, residential subdivision, commercial building, road and bridge, wind farm, etc

15. ODEQ Identified Issues – 11. Adding buffer requirements for those discharges to Outstanding Resource Waters • Illinois River • Lee Creek/Little Lee Creek Watersheds • Mountain Fork River Watershed

17. ODEQ Identified Issues – 12. Adding requirements for the application fees and permit fees for renewal • Application fee $100 • Annual permit fee $330 • Fee schedule established in OAC 252:606 • Located on ODEQ’s website at http://www.deg.state.ok.us/rules/606.pdf

18. ODEQ Identified Issues – 13. Adding new sediment basin requirements for disturbing land of 5 acres or more within sensitive water and watershed and outstand resource water ??? 1. Small sediment basin or any equivalent controls, such as sediment trap, vegetated buffers; 2. Calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage per acre.

19. ODEQ Identified Issues – 14. Consider reducing 40 acre SWP3 review threshold 30 acres ?? 20 acres??

20. ODEQ Identified Issues – 15. Including Alternatives for straw bales/hay bales as erosion controls Some alternative practices recommended by EPA • For Perimeter controls – Silt fence; • For Check dams – Rock checks or fiber rolls; • For Slope protection – Geotextiles or Compost blankets; • For Storm drain inlet protection – Filter fabric, gravel bags, and other designs • For concrete washout structures – Prefabricated concrete washout containers

21. ODEQ Identified Issues – 16. Adding new requirements for 303(d) sediment listings ??? EPA’s proposed permit: • Benchmark monitoring for disturbing 10 acres or more for turbidity, nitrogen and phosphorus; • Recording and reporting • Corrective actions; • Stabilization – 7 days • Site inspection –weekly and daily visual inspection

22. Other Potential Issues ?

23. The next meeting will be January 19th at 1:30pm, here at the DEQ office Thank You!