Why are we here? Without regulations, rivers used to catch fire.

1. Rules and Regulation • Why are we here? • Without regulations, rivers used to catch fire.

2. Rules and Regulation • Why are we here? • Without enforcing regulations, over 3 million people didn’t have drinking water in West Virginia.

3. Rules and Regulation • CLEAN WATER ACT – 1972 • Enacted with the intent of restoring and maintaining the chemical, physical and biological integrity of the Waters of the US. • Regulatory authority is granted to the Environmental Protection Agency (EPA) • It not only was a law regulating a few industries, it was also a study of: • What was polluting water bodies • What was the source of these pollutants • What do we have to do the restore our water bodies

4. Rules and Regulation • CLEAN WATER ACT • Waters of United States • All waters that can be used for interstate or foreign commerce (including all waters subject to the ebb & flow of the tide) • Wetlands • Lakes, rivers, streams, ponds… • TRIBUTARIES (**everything…)

5. Rules and Regulation • Narrative limitations on the discharges that may be permitted • EPA can and does designate numeric limitations (e.g. how much lead can be in water) to meet the narrative standard (e.g. water must support life) • Applicable Standards (specifications): • Best Practical Technology (BPT) (1977-1983) • Maximum Extent Practicable (MEP) (Municipalities) • Best Conventional Pollution Control Technology (BCT) (Other Pollutants) • Best Available Technology (BAT) (Dangerous toxics and Non-conventional pollutants)

6. Rules and Regulation • Section 401 • Establishes a permit process in which operators (e.g. construction sites) must obtain a certification from the State in which the activity (that causes pollutant discharge) occurs • Water Quality Certification – The operator must certified “under penalty of law” that they will operate in such a fashion to minimize pollutants from leaving the site.

7. Rules and Regulation • Section 402 • 1972 - Established the National Pollutant Discharge Elimination System (NPDES) • Every state must develop their own permit process • Discharges are illegal unless authorized by holding a NPDES permit • Emphasized Technology-based Controls • Intended to ensure that control measures actually work • Point Sources – Originally the CWA only regulated: • Industrial process wastewater • Municipal sewage

8. Rules and Regulation • Section 402 • National Urban Runoff Program (NURP) • A series of studies to understand storm water discharged through Municipal, Separate Storm Sewer Systems (MS4s) • All MS4 drains lead to receiving waters • Led to the EPA regulating storm water • 1987 Amendment – Created Phase 1 facilities • Facilities already covered by an NPDES permit • Industrial activities (heavy manufacturing, transportation, large construction sites) • Large MS4s (>250,000) • Medium MS4s (100,000 to 250,000) • Whom the EPA deems is contributing to a violation

9. Rules and Regulation • Section 402 • National Resources Defense Council (NRDC) challenged storm water application rule • 1992 – Issued revised baseline permits • Industrial dischargers • Construction Sites over 5 acres (Phase 1 permit) • 1995 – Phase 2 discharges are defined • Light Industrial Facilities • Small Construction Sites 1-5 acres (Phase 2 permit) • Mandated that states develop their own general permits • Must meet minimum EPA requirements • Most recent amendment was 2003

10. Rules and Regulation • Total Maximum Daily Load (TMDL) • Defines the amount of a particular pollutant that a water body can assimilate on a daily basis before it violates the applicable water quality standard • TMDL is the sum of individual waste load allocations • Point Sources (individual sources) • Non-point Sources (calculated load allocations from forestry, range lands, urban areas) • Naturally occurring sources (non-developed areas) • Section 303(d) of the Clean Water Act • A “303(d) listed” water body does not nor are not expected to meet the water quality standards

11. Rules and Regulation • 303(d) Listed Water Body • Additional regulations (e.g. additional sampling) may be required if you are discharging into an “impaired” water body. • You can perform an internet search to identify local polluted water bodies

12. Rules and Regulation • Water Quality Standard • The Clean Water Act is to protect the beneficial use of surface waters • Beneficial uses are defined as the uses of water necessary for the survival or well being of man, plant and animal life.

13. Rules and Regulation • Section 404 • Regulates discharge of dredged or fill materials into waters of the US • Administered by the US Army Corps or Engineers

14. THE PATH FROM THE CLEAN WATER ACT TO THE PROJECT USEPA Published Final regulations regarding NPDES Permits In California delegates program to the State. General Construction Storm Water Permit Order No. 2009-0009-DWQ SWRCB • Issues Statewide Permits SDRWQCB • Issues Local Permits Issues Municipal Urban Runoff Permit MUNICIPALITY JURMP SUSMP (MEP) Issues Grading Permits etc. and Enforces Their Local Ordinances Sizing for Post-Construction • NOI • SWPPP and BMPs • NOT CONSTRUCTION SITE During Construction Post-Construction Regulatory Framework