Module 3: ODOT s Stormwater Management Program and Water Quality Regulations

Transcription

1 Continuing Education Associated with Maintaining CPESC and CESSWI Certification Module 3: ODOT s Stormwater Management Program and Water Quality Regulations Sponsors: ODOT Local Technical Assistance Program (LTAP) November 2012 March 2013

2 Session Agenda: ODOT s Stormwater Management Program Brief ODOT Stormwater Management Program History Clean water act - Regulations Interpreting Ohio EPA s Construction General Permit (CGP) Evaluation We need to educate everyone involved so they understand that: It is easier to plan and implement the SWPPP than try to fix a violation. Construction activities really do impact water quality. 2

3 Stormwater and Water Quality Regulations CLEAN WATER ACT -REGULATIONS BRIEF SNAPSHOT OF 20 YEARS ( ) OF REGULATIONS FOR THIS? 3

4 Federal Regulatory Timeline Abridged Stormwater Quality Timeline: 1948 Federal Water Pollution Control Act 1969 National Environmental Policy Act (NEPA) 1970 US EPA Created by Executive Order 1972 FWPCA Amended NPDES Requirements Established Became known as the Clean Water Act 1977 President signs and CWA Enacted 1990 NPDES Phase I Rules (Point Sources) Medium and Large Municipalities Large Construction Activities Industrial 1999 NPDES Phase II Rules (Non-Point Source) Small Municipalities Small Construction Activities Ohio given delegated authority in

5 The Nationwide Pollutant Discharge Elimination System (NPDES) Regulates Discharges to the Nation s Waters Introduced in the 1972 Clean Water Act Requires permits for point source discharges Initial permits focused on industries, municipal WWTPs 1987 CWA amendments defined stormwater discharges as point sources (confined discrete conveyance- Operator- NOI, CO-permittee). Permits for industries, construction sites > 5 acres, and municipalities > 100,000 population issued in early Permits for urban areas < 100,000 population and construction sites > 1 acre issued in 2002/2003 Permittees must provide education / training, control construction / post-construction runoff, eliminate illicit discharges, and perform good housekeeping at their facilities. 5

6 History of ODOT s Stormwater Program: How did ODOT get here? Regulatory timeline (1992 to 2014) OEPA is delegated by US EPA to implement NPDES programs Ohio EPA Develops General Permits Construction General Permit MS4 General Permits Other NPDES Permits of note Hydro-Demolition Permit Industrial Stormwater Permit - ODOT NEPA Requirements, 401/404 Requirements 6

7 Stormwater, Erosion and Sediment Control at ODOT Stormwater Discharge Permits NPDES Construction General Permit (CGP) 1992, 2003, 2008, 2013 Municipal Separate Storm Sewer Permit (MS4) 2003, 2009, 2014 Construction Site Compliance 7

8 Focus on Two Specific NPDES Permits Construction General Permit (CGP) (OHC000003) For earth-disturbing construction activities > 1 acre Temporary sediment and erosion controls during construction Post-Construction controls Municipal Separate Storm Sewer System (MS4) permit Six Minimum Control Measures (MCMs): Public education & outreach Public involvement Illicit discharge detection & elimination Construction site runoff control Post-construction runoff control Pollution prevention / good housekeeping Permanent postconstruction stormwater controls Be aware of impacts to other/adjacent MS4 programs 8

9 Ohio EPA s Alternative Construction General Permits are Watershed-based Alternative CGP: more prescriptive than General CGP Big Darby Creek (OHCD00002) Temporary stabilization for areas with no activity for 14 days within 7 days of the most recent activity. Sampling required at each outfall for each sediment trap or basin. Olentangy River (OHCO00001) Non-structural preservation methods, Riparian Setback Requirements, Riparian Setback mitigation, Post-Construction BMPs w/detail drawings and maintenance plan. 9

10 History of ODOT s Stormwater Program: How did ODOT get here? ODOT Develops Erosion and Sediment Control Handbook Develops SWPPP and implements inspections in house ODOT lead SWPPP designs Process could not keep up with construction plan reviews Something had to be done! 10

11 History of ODOT s Stormwater Program: Findings and Orders Handbook initially created in response to the initial CGP to allow ODOT to attempt to do SWPPPs in house. ODOT could not keep up construction, difficult to manage and contractors non-performing and under bidding E/S. Could not dictate contractor means and methods. - Example - $90 million project- $6k worth of controls Findings & Orders Levied in 2005.

12 History of ODOT s Stormwater Program: Findings and Orders ODOT Could not keep up with construction, difficult to manage, contractors non-performing, under bidding E/S. June 2005 OEPA issues Findings and Orders associated with 2 ODOT projects erosion and sediment control practices. Key ODOT action items within the findings and orders: Plan for educating/training staff and contractors Project manager level liaison w/ OEPA to deal with regulatory issues- ODOT Office of Construction Administration Ron s role as liaison Response plan Contract escalation process Industry outreach 12

13 History of ODOT s Stormwater Program: Findings and Orders Fines were issued for both violations Findings and Orders - Resulted in ODOT having to allocate resources towards project erosion and sediment controls, design, inspection and management Issuing of Findings and Orders required a response from ODOT SS832! 13

14 Stormwater, Erosion and Sediment Control at ODOT Contractor-centric: present 14

15 Stormwater Control Strategies ODOT s MS4 Permit & Your Project Permit Requirement: You shall develop, implement, and enforce a program to reduce pollutants from construction activities Continued failure at the project level will have increasing enforcement level consequences Increased level of acceptance for SWPPPs will help produce successful projects! 19

16 ODOT s Stormwater Management Program INTERPRETING OHIO EPA S CONSTRUCTION GENERAL PERMIT (CGP) AND OTHER NPDES REQUIREMENTS 16

17 Interpreting Ohio EPA s NPDES Permits: Overview of Ohio EPA s CGP Regulates construction activities disturbing > 1 acre Provides application requirements (Notice of Intent) Describes Stormwater Pollution Prevention Plan (SWPPP) Requirements Documentation Standards Performance Standards Phasing and Updates Shared / transferred responsibilities Inspection, maintenance, and documentation Project completion requirements (Notice of Termination) Standard conditions 17

18 Interpreting Ohio EPA s NPDES Permits: What is a Stormwater Pollution Prevention Plan (SWPPP)? A Storm Water Pollution Prevention Plan : Shall be a comprehensive stand alone document. Shall identify potential pollutant sources that can be expected to affect water quality. Shall describe and ensure implementation of BMPs that reduce pollutant during construction (Temporary Controls) and pollutant associated with post-construction activities (Permanent Controls). 18

19 Interpreting Ohio EPA s NPDES Permits: What is a Stormwater Pollution Prevention Plan (SWPPP)? A Storm Water Pollution Prevention Plan : Shall be prepared in accordance with sound engineering/or conservation practices by a professional experienced in the design of standard erosion and sediment controls and stormwater management practices addressing all phases of construction. Registered Professional Engineer in Ohio (PE) and are Certified Professional in Erosion and Sediment Control (CPESC) Shall be prepared and implemented prior to the start of construction. Must be modified to reflect changes during construction. 19

20 Interpreting Ohio EPA s NPDES Permits: What is a Notice of Intent (NOI)? Application for coverage under OEPA s Construction General Permit OEPA allows ODOT to submit the NOI prior to having the SWPPP completed (Part III B page 10 of 40). ODOT District, as lead Responsible Party under the CGP, prepares Notice of Intent (NOI) at least 30 days ahead of proposed construction Contractor completes/signs NOI Co-permittee form, indicating: Contractor has read and understands the NPDES permit requirements Contractor will adhere to these throughout the course of the project Contractor provides/has on staff a person who is knowledgeable on OEPAs CGP 20

21 Interpreting Ohio EPA s NPDES Permits: What is an Authorization to Proceed? Authorization to Proceed: Typically is a letter of authorization from OEPA notifying the responsible party that they can commence construction activities. Activities started prior to receipt of this letter is a violation of the CGP. Typically ODOT District Construction Engineer will submit the NOI and should be listed as the primary responsible party. Typically ODOT District Construction Engineer will received the ATP letter. Contractor should request copy of the authorization letter. 21

22 Interpreting Ohio EPA s NPDES Permits: What is a Notice of Termination (NOT)? Request for release from CGP coverage stating that the site has reached final stabilization Contractor must submit: Permit Information (i.e., Permit No. assigned by OEPA) Owner/Applicant Information Facility/Site Location Information (from NOI form) Reason for Termination (i.e., transfer of ownership, project completed, etc.) Site remains bound by permit conditions until NOT is filed by ODOT. Must be submitted no later than 45 days after completion of land disturbing activities Violation of permit if not submitted 22

23 Interpreting Ohio EPA s NPDES Permits: Enforcement and Penalties Ohio EPA enforcement actions: Notice of Violation letter Administrative orders EPA can impose fines and penalties without court action Max is $11,000 /day with a total max of $32,500 for Class I offenses and $157,500 for Class II Civil actions EPA may bring civil suit without administrative order Max penalty is $37,500 per violation (per day) Criminal prosecutions Violations may include failure to maintain proper records, practices, etc. Penalties from $37,500 /day to >$1M and imprisonment, or both 23

24 Interpreting Ohio EPA s NPDES Permits: Citizen Suits CWA allows private citizens to initiate civil actions against alleged violators Must file notice of intent to sue and provide 60-day grace period before filing suit in federal district court Commonly filed by environmental groups who have members with standing (i.e., damage) 24

25 ODOT s Stormwater Management Program INTERPRETING OTHER REQUIREMENTS IMPACTING ODOT PROJECTS 25

26 Total Maximum Daily Load Program (TMDL) Snapshot Total Maximum Daily Load Defines the amount of a particular pollutant that a waterbody can assimilate on a daily basis without violating applicable water quantity standards. What does this really mean for us? SWPPPs need to account for TMDL watersheds with alternative general construction permits (ACGP). Inspections/sampling required at the outfall of each temporary settling pond w/in the ACGP (currently Big Darby watershed only). Bid estimate needs to account for these requirements and level of effort. SWPPP needs to indicate sampling locations. These supersede the statewide CGP. 26

27 Ohio Total Maximum Daily Load Program Progress 27

28 What Actions Require 401/404 Permits? Discharging dredged/ fill material into the waters of the U.S. requires a Section 404 permit from the U.S. Army Corps of Engineers (USACE). In order to obtain a Section 404 permit from the USACE, Ohio EPA must issue a Section 401 WQ certification that the discharge will meet appropriate Water Quality Standards. Nationwide 404 permits with pre-defined 401 mitigation requirements cover projects impacting short stream lengths / small wetland areas. 28

29 404 Permit Requirements and Special Provisions 404 Permit requirements In-stream activities shall not result in the permanent destabilization of the stream banks or stream bed Stream bed shall be restored to conditions that existed prior to work Temporary fills must be removed in their entirety and areas returned to preconstruction elevations Stream channel modifications must be the minimum necessary to construct or protect the linear transportation project Authorizes temporary structures, fills, and work necessary to construct the linear transportation project These project requirements are detailed in the Special provisions and are paid for as part of these provisions. 29

30 Stormwater and Water Quality Regulations EVALUATION STUMP THE EXPERT ASK A PERMIT QUESTION 30

31 Are you Smarter than a Stormwater Geek? Q1: What does TMDL stand for? a. Tom, Michael, Dan and Larry b. Total Maximum Daily Load c. Time Materials Daily Log d. Total Maximum Daily Lunch e. all of the above A1: b. 31

32 Are you Smarter than a Stormwater Geek? Q2: What does CWA stand for? a. Clean Water Action? b. Clean Waste Acceleration? c. Clean Water Act? d. Clean Wave Action? e. all of the above? A2: c. 32

33 Are you Smarter than a Stormwater Geek? Q3: What does NPDES stand for? a. National Pollutant Discharge Elimination System b. Natural Pollution Discharge Elimination System c. Normal Pollution Discharge Elimination System d. National Population Demographics Estimating Service e. all of the above A3: a. 33

34 Are you Smarter than a Stormwater Geek? Q4: Who is responsible for approving 404 permits? a. OEPA/STATE b. USACE c. ODNR/State d. SAO e. all of the above A 4: b. 34

35 Stormwater and Water Quality Regulations END - MODULE 3 35