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REGULATORY DEVELOPMENTS IN STORM WATER OUTLINE

REGULATORY DEVELOPMENTS IN STORM WATER July 20, 2011 Presented by Robert Job Condor Earth Technologies, Inc. REGULATORY DEVELOPMENTS IN STORM WATER OUTLINE. Proposed Draft Industrial General Permit

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REGULATORY DEVELOPMENTS IN STORM WATER OUTLINE

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  1. REGULATORY DEVELOPMENTS IN STORM WATER July 20, 2011 Presented by Robert JobCondor Earth Technologies, Inc.

  2. REGULATORY DEVELOPMENTS IN STORM WATEROUTLINE • Proposed Draft Industrial General Permit • Excerpts from PowerPoint Presentation “Industrial General Permit Overview” by State Water Resources Control Board, Winter 2011 • Construction & Disturbed Lands General Permit – 1 Year Later • Proposed Draft MS4 – Phase II Permit

  3. General Permit for Stormwater Discharges, Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ)

  4. Background/History To obtain coverage under this General Permit, dischargers shall electronically file the permit Registration Documents (PRDs), which includes a Notice of intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and other compliance related documents required by this General Permit and mail the appropriate permit fee to the State Water Board.

  5. Construction Activities Covered UnderThe General Permit • Any construction or demolition activity including, but not limited to, clearing, grading, grubbing, or excavation, or any other activity that results in a land disturbance of equal to or greater than one acre. • Construction activity that results in land surface disturbances of less than one acre if the construction activity is part of a larger common plan of development or sale of one or more acres of disturbed land surface.

  6. Construction Activities Covered UnderThe General Permit(continued) • Construction activity related to residential, commercial, or industrial development on lands currently used for agriculture including, but not limited to, the construction of buildings related to agriculture that are considered industrial pursuant to USEPA regulations, such as dairy barns or food processing facilities. • Construction activity associated with Linear Underground/Overhead Projects (LUPs) including, but not limited to, those activities necessary for the installation of underground and overhead linear facilities.

  7. Obtaining and Terminating Permit Coverage • To obtain coverage under this General Permit, Legally Responsible Persons (LRPs) must electronically file the PRDs, which include a Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and other documents required by this General Permit, and mail the appropriate permit fee to the State Water Board. • LRPs must file a Notice of Termination (NOT) with the Regional Water Board when construction is complete and final stabilization has been reached or ownership has been transferred. • The discharger is responsible for all compliance issues including all annual fees until the NOT has been filed and approved by the local Regional Water Board.

  8. Site Inspections and Sampling Requirements • All risk levels are required to inspect the site as follows: • Prior to a forecast storm event; • After each qualifying rain event (producing ½ inch or more of precipitation at time of discharge); • At 24-hour intervals during extended rain events; and • On average, once a week during the wet and dry seasons.

  9. Assembly Bill No. 1210 • State Water Resources Control Board identified seven professional certifications that would form the basis of Qualified SWPPP Developers and two additional professional certification criteria for Qualified SWPPP Practitioners. • AB 1210 could limit the professional certifications of those who can be Qualified SWPPP Developers and Qualified SWPPP Practitioners. • May make it more difficult for non-civil engineers to be certified. • Passed in the Assembly and moved on to the Senate for consideration.

  10. Draft Phase II Small Municipal Separate Storm Sewer System (MS4) Permit

  11. Current (2003) permit generally applies to municipalities with <100,000 population, specified high growth rate communities, and certain “non-traditional” permittees. • New proposed permit significantly increases compliance requirements and applies to many more entities (small MS4s). • New “traditional” permittees - adds small towns and 2010 census-designated places (CDP) due to high growth rates or potential impacts to endangered species. • New ‘non-traditional” permittees – newly designated Federal and State operated facilities that can include universities, prisons, hospitals, military bases, flood management agencies, ports, fairgrounds, recreation areas, and transit agencies.

  12. Some Potential New Permittees • City of Chowchilla. • City of Gustine. • Hilmar-Irwin CDP. • August CDP, San Joaquin County. • Country Club CDP, San Joaquin County. • City of Escalon. • City of Newman. • City of Waterford. • West Modesto CDP.

  13. Significant Changes from the Previous Order • Water quality standards – applicable to all permittees. • New program management requirements and Industrial/Commercial Inspection Program. • TMDL implementation requirements that are enforceable.

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