Construction Stormwater Permitting Overview

1. Construction Stormwater Permitting Overview Kansas Environmental Conference | Manhattan, KS | Aug. 15, 2019 Larry Hook, P.E. | Bureau of Water | Industrial Programs Unit

2. Construction Stormwater Permitting Overview Regulatory Background • 1972 Federal Water Pollution Control Act (Clean Water Act) • Regulated Point Sources • 1987 Clean Water Act Amendments • Regulated Stormwater Point Sources • EPA Implementation Regulations: • 40 CFR 122 • 40 CFR 450

3. Construction Stormwater Permitting Overview Construction Stormwater General Permit Permit Issued: Aug. 1, 2017 Revised: Aug. 7, 2017 (for clarity) Expires: July 31, 2022 Includes 2014 EPA Revised Requirements (18-month Grandfather Clause expired Jan. 31, 2019) • Submit NOI to request permit coverage • Develop Stormwater Pollution Prevention Plan (SWP3)

4. Construction Stormwater Permitting Overview Typical Permitting Cycle • Submit Notice of Intent (NOI) • Prepare Stormwater Pollution Plan (SWP3) • Install BMP’s for each Construction Phase • INSPECT & MAINTAIN BMPs • Stabilize & Obtain Final Cover • Submit Notice of Termination

5. Construction Stormwater Permitting Overview Who Must Apply for a Permit? Owners or Operators of construction activities disturbing 1 acre or more must apply Contaminated sites typically require a permit even if disturbing less than 1 acre Separate permits may be required for subdivisions: • roads & utilities • site grading & lot development

6. Construction Stormwater Permitting Overview Who is an Owner or Operator? "Owner(s) or operator(s)" - the party or parties that meet the following two criteria: 1) They have operational control over the site specifications 2) They have day-to-day operational control of the site activities necessary to ensure compliance

7. Construction Stormwater Permitting Overview Who is Exempt? The following activities are exempt from permitting: • Routine Maintenance disturbing under 5 acres & performed to: • Maintain the Original Line and Grade, • Hydraulic Capacity, or • Original Purpose of the Facility • Demolition • Soil Plow Activities • Agriculture • Oil & Gas Projects Note: Groundwater discharge by oil & gas projects is not exempt.

8. Construction Stormwater Permitting Overview Demolition Exemption The following demolition activities are exempt provided they do not involve excavation, grading, clearing, grubbing or other soil disturbing construction activities: • structural demolition • filling of basements • removal of debris • removal and replacement of pavement (even when exposing erodible soils) Note: Compacting road base and filling incidental gouging is not considered a soil disturbing construction activity.

9. Construction Stormwater Permitting Overview Soil Plow Exemption Soil plow exemption applies to: Linear opening of soil up to 2 feet wide using plow equipment that: • immediately fills the opening either with removed soil or by closure of the sidewalls For trenches that exceed 1-foot in width: • disturbed area must immediately be seeded or stabilized with mulch or a similar soil stabilizing measure.

10. Construction Stormwater Permitting Overview Agricultural Exclusion - 40 CFR 122.4(e) Agricultural exclusion includes runoff from: • Orchards • Cultivated crops • Pastures • Range and forest lands Agricultural exclusion does not include: • Certain waterway/drainage structures • Concentrated Animal Feeding Operations (CAFOs) • Construction of a structure including: Pen, Garage, Barn, Shed, Stall, Storage Building, Residence, or Office

11. Construction Stormwater Permitting Overview Oil & Gas Exemption The following oil and gas construction projects are exempt: • exploration • production • processing • treatment • transmission facilities (but not distribution facilities) Permit required in vicinity of facility/operation/project where reportable quantity (RQ) released in stormwater since 1987. Must not violate Kansas Water Quality Standards

12. Construction Stormwater Permitting Overview Applying for Permit Notice of Intent (NOI) Submittal • NOI Form with Owner/Operator Signature • $60 payment to KDHE • Topo map of area, extend 1 mile beyond site outline and indicate receiving surface waters. • Sequence of construction and related BMPs • Site plan(s) showing BMPs • Summary of management practices to reduce contamination • Sediment basin design information • KDWP&T, KSHS, etc. correspondence

13. Construction Stormwater Permitting Overview Applying for Permit – Support Activities Construction Support Activities: • concrete batch plants, asphalt plants, soil borrow & disposal sites Include sites under project permit or obtain separate permit (regardless of size) if: • At or adjacent to project site; or • Support site runoff significantly impacts same receiving waters as project Otherwise treat as separate “stand-alone” project and obtain permit if 1 acre or more will be disturbed

14. Construction Stormwater Permitting Overview Applying for Permit – Public Emergencies • Soil disturbing activities may proceed without delay to avoid imminent danger to public health & environment. • Submit NOI within 30 days of initial soil disturbance. • Show areas disturbed and sediment/erosion controls provided.

15. Construction Stormwater Permitting Overview Agency Contacts Threatened and Endangered Species Kansas Department of Wildlife, Parks and Tourism Environmental Services Section | 620-672-5911 Kansas Historical Society Website to request review: https://review.kshs.org Stream Impact, Dredge & Fill US Army Corps of Engineers El Dorado – Kansas State Office | 316-322-8247 Kansas Department of Agriculture Div. of Water Resources | 785-564-6650

16. Construction Stormwater Permitting Overview Stormwater Pollution Prevention Plan (SWP3) Site-specific plan of "Best Management Practices" (BMPs) to: • Reduce sediment and other pollutants in the construction stormwater discharge • Comply with Kansas Surface Water Quality Standards • Ensure compliance with the general permit Prepare SWP3 before construction begins

17. Construction Stormwater Permitting Overview Stormwater Pollution Prevention Plan Requirements • Specify BMP types, locations and phasing • Install perimeter BMPs before site clearing • Provide BMP installation, operation & maintenance procedures • All runoff from disturbed areas must pass through an appropriate sediment control before discharge • Require inspections

18. Construction Stormwater Permitting Overview SWP3 Requirements (continued) • Establish routine inspection monitoring periods of 14 days or less • Perform an inspection by the end of the next day* after a 0.5” or greater rain event * Excludes Saturdays, Sundays and Federal Holidays for rain event inspections • Perform at least one routine inspection or one rain event inspection within each monitoring period

19. Construction Stormwater Permitting Overview Inspection Requirements Inspect entire site except for areas that are final stabilized (document that stabilized areas have 70%+ grass density) Record deficiencies Correct deficiencies in 7 days unless infeasible • Must document reason why infeasible and provide timeframe to correct as soon as feasible Prepare report within 24 hours, include: • date, observations, inspector name & signature

20. Construction Stormwater Permitting Overview Exceptions to Inspection Requirements When access is unsafe or infeasible: • Document reason why unsafe or infeasible • Monitor and document conditions daily* *Excludes Saturdays, Sundays and Federal Holidays • Inspect by end of next day when safe & feasible When disturbed areas are frozen or ice/snow covered: • Note such conditions on inspection report • Record when area thaws on subsequent report

21. Construction Stormwater Permitting Overview Additional SWP3 Requirements Include BMPs for other site activities, such as: • Solid and hazardous waste: - trash, scrap, shipping wastes, etc. • Paint & cleaning wastes (containment & disposal) • Portable toilets • Store construction materials away from drainage channels and low areas • Provide containment and drip pans for fuel tanks and liquids containers

22. Construction Stormwater Permitting Overview Sediment Basin Requirements • Basin required, where feasible, for each drainage area with 10 acres or more disturbed at one time • Must meet sizing requirements or, when impractical, provide similarly effective BMPs • Outlet must withdraw from surface: • Weir, spillway, solid riser or Faircloth skimmer • Sediment cleanout at 20% required capacity • Include stabilized emergency spillway • May remove sediment basin when <10 acres remain to be final stabilized in drainage area

23. Construction Stormwater Permitting Overview Faircloth Skimmer www.fairclothskimmer.com

24. Construction Stormwater Permitting Overview More Permit Requirements • Advise each contractor or entity performing work at site of the SWP3 and provide access to the plan • Contractor certification is not required • Immediately stabilize stream crossings, including trenched and vehicular crossings • Minimize dust generation • Install velocity dissipation devices and/or liners in drainage channels to reduce erosion • Provide curb/area inlet protection below disturbed areas

25. Construction Stormwater Permitting Overview Steep Slope Requirements Steep slopes are slopes of 40% (2.5 H : 1 V) or steeper • Immediately stabilize steep slopes when activities permanently cease or will not resume in 7 days • Stabilize with geotextiles or mats if slope will be vegetated (in addition to seeding) • Divert concentrated flows, if possible, away from disturbed steep slopes or provide slope drains

26. Construction Stormwater Permitting Overview Modification & Amendment of SWP3 Maintain log of SWP3 modifications: • Date & description of modification • Name & title of the person authorizing modification Project amendment is required when adding 1 acre or more, or upon discovery of contamination, etc.: • Submit Revised NOI, plans and letter of explanation

27. Construction Stormwater Permitting Overview Contaminated Sites A permit is typically required for contaminated sites, regardless of size. • Contact KDHE to determine if projects disturbing less than 1 acre at a contaminated site will require permit coverage.

28. Construction Stormwater Permitting Overview Contaminated Sites (continued) Provide Best Management Practices (BMP’s) to prevent contact of stormwater with contaminated soils: • put berm around soil stockpiles, cover stockpiles nightly • direct-load contaminated soils into haul vehicles • berm the construction area to prevent run-on and runoff • provide wheel wash facility & store contaminated wash water • store contaminated dewatering volumes for proper disposal Wastewater or Solids that meet the definition of Hazardous Wastes must be treated, stored, handled and disposed of in accordance with applicable requirements.

29. Construction Stormwater Permitting Overview Contaminated Sites (continued) • Agreements need to be in place for disposal of contaminated soil, groundwater, stormwater and wash water • Non-hazardous solid wastes may be disposed of at Municipal Solid Waste (MSW) landfills with a Special Waste Authorization, or other approved disposal facilities • Contact Tony Guy, Bureau of Waste Mgmt. (785) 296-0681 • Wastewater may be hauled to an industrial wastewater facility or municipal wastewater treatment plant or pumped to a sanitary sewer with appropriate authorization

30. Construction Stormwater Permitting Overview The Construction Stormwater General Permit is available on the following KDHE website: www.kdheks.gov/stormwater Larry Hook (785) 296-5549 Larry.Hook@ks.gov