1 / 19

Storm Water Regulation: What’s Next? Presented to: September 30, 2014

Storm Water Regulation: What’s Next? Presented to: September 30, 2014. The Permits of Concern. The New Industrial General Permit The Recent Phase 1 and Phase 2 Permits The Renewal of the Construction General Permit. The EPA Drives the Content.

kessie-floyd
Download Presentation

Storm Water Regulation: What’s Next? Presented to: September 30, 2014

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Storm Water Regulation: What’s Next? Presented to: September 30, 2014

  2. The Permits of Concern • The New Industrial General Permit • The Recent Phase 1 and Phase 2 Permits • The Renewal of the Construction General Permit

  3. The EPA Drives the Content • Over 50% of fresh water resources are no longer fishable or swimmable • Concerns with industry are contamination from chemicals and spills • Concerns with communities are contamination from chemicals, urban slobber, and hydro-modification • Concerns from construction are sediment transfer and hydro-modification

  4. The Industrial General Permit • Adopted April 1, 2014 • Effective July 1, 2015 • Will effect a significant amount of businesses not currently covered

  5. SWRCB Stated IGP Goals • Performance Based Model • Improved Data Quality • Incentives and Flexibility • Reduce Compliance Costs (from Previous Drafts, not from current IGP)

  6. Industrial General Permit Timeline

  7. Previous Drafts Not Popular

  8. Significant Changes Significant Changes from Previous Draft Permit

  9. Significant Changes • Owner may appoint a Duly Authorized Rep. • Trade Secrets may be redacted in SMARTS • Minimum BMPs, including Training • Place holder for future TMDL’s • QISP program administered by SWRCB (Current schedule is ToR process in early 2015) • Self-guided training for P.E.’s and P.G.’s • Coverage & Annual Report through SMARTS

  10. Significant Changes - Monitoring • Monthly visual observations • Pre-storm visual observations not required • Storm water discharge visual observations only required during sampling • Sampling frequency changed from quarterly to twice in first half on year (July 1st – December 31st) and twice in second half of year (January 1st – June 30th) • Proposed NALs are for Oil and Gas, Total Suspended Solids, as well as any Facility specific parameters based on the site assessment. Testing for turbidity and pH but no NAL’s. • Regional Board can add parameters as they see fit.

  11. Monitoring Incentives • Water Quality Exceedances increase Risk Level • Risk Level can be reduced with consistent compliance as proved by sampling • Sampling frequency reduction eligibility after 4 consecutive samples QSE below NALs • Frequency reduction to 2 samples per year

  12. Phase 1 and Phase 2 Permits Phase 1 and Phase 2 Permits

  13. Phase 1 and 2 Permits - Generalities • Vary by Region and are drafted at Regional Level in reality. Most have a Regional Approach. • Basin Plan is generally a big driver • Typical Significant Provisions: • LID Design Standards – Post-construction requirements • Oversight Compliance Inspections • Increased review of small projects • Ordinance revisions to comply with permit minimums • Water Quality Monitoring • Onerous Annual Report and Inventory Record Keeping • Staff Training and Community Outreach • Increased costs to Permittees, & lots of new Permittees

  14. The Construction General PermitRenewal The Current CGP vs. The Future CGP

  15. The Current Construction General Permit • Adopted September 2, 2009, Expired September 1, 2014 • Revised in 2010 to remove NEL’s • Significant Provisions: • QSD/QSP Training/Certification Requirements • Significant Inspection/Sampling Regimen • Risk Levels for Traditional, Type Levels for LUPs • Compliance Reporting in SMARTS • Water Quality Effluent Action Levels (NAL’s) • Prescriptive Active Treatment System Regulation • Designation of a Legally Responsible Person • Extended until new permit adopted

  16. What about the Renewal?

  17. What about the Renewal? DISCLAIMER: MOST OF THIS IS OPINION VERY EARLY IN THE PROCESS • Staff has begun renewal permit draft • Staff has reached out to stakeholders and will have a very public process • Staff position (without Board direction yet) is to issue more of an “administrative clean up” Permit • NEL’s will not come back…NAL’s will remain close to the same thresholds (assuming EPA buy-in) • Training requirements will not be increased • Costs to comply should remain the same. • 3rd Party Groups will pressure for more requirements

  18. Industry Concerns • Training Requirements NEVER include decision makers or our clients – WE ARE THE TRAINER • Regional Water Quality Control Board interpretations are often not in concert with State Water Board intent, which of course leads to regulatory creep and confusion • Gray areas within the Permit often cost us time and money to investigate or create defensible positions • Far too often, key information not readily available when permits are issued • Input from the people that perform the work is still rare • 3rd Party groups have the largest, most organized voice

  19. Questions? Contact me with questions or to get involved at: Gerald R. Montgomery – Montgomery & Associates, Inc. gerald@montgomery-assoc.com

More Related