Construction SWP3’s:

The Who, What, When, & Why

for NPDES Permits #OHC000004 & #OHQ000003

Patricia Tebbe, Ohio EPA Lynette Hablitzel, Ohio EPA Division of Surface Water Northwest District Office December 10, 2014

Spilled paint

Why Regulate Construction Storm Water?

Oil, Fuel &

Other Fluids

Trash & Debris

Sanitary Waste

Concrete Washout

Leaking Equipment

NPDES Permit Coverage Required for…

Storm water discharges to surfaces waters of the state

from construction activities that cumulatively disturb 1 acre

or more in the larger common plan of development or sale.

• Not required for discharges to Combined Sewer

Systems

• Construction Activities are any earth disturbing activity

(exposes soil), including: ▫ Clearing/Grading/Grubbing/Excavating/Filling

NPDES Permit Coverage Required for…

• Except:

▫ Agriculture & silvaculture CGP for barns: Yes. Planting a vineyard: No. Pond? Depends

on the purpose…

Logging to prep for road or subdivision is not silvaculture.

▫ Oil & Gas Exploration (up to refinery or to gateway)

▫ Routine Maintenance < 5 acres Performed to maintain the original line and grade, hydraulic

capacity, or original purpose of the facility

Larger Common Plan of Development or Sale:

• “A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan” • Need to consider spoil areas, staging areas, borrow sites

• A public body need not consider all their construction

projects within their entire jurisdiction to be part of an overall "common plan." …

Larger Common Plan of Development or Sale: Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed. City runs sewer line or adds turning lane for new Dollar General or new Wal-Mart: must consider the total land being disturbed by both projects A utility company is constructing new trunk lines off an existing transmission line to serve separate residential subdivisions located more than 1/4 mile apart. The two trunk line projects could be considered to be separate projects

Who Needs a Permit?

• All operators require NPDES permit coverage

▫ Operators are those with control over the site

plans or day-to-day operations at the site

Developer, general contractor, construction site

management company, homebuilder

▫ Permit coverage must be granted before starting

work at the site

Who Needs a Permit?

• Who Submits NOI/Co-Permittee NOI? Depends on the contract language

Typically: Owner/Owner as GC/Turnkey ▫ NOI

Design/Build ▫ Owner: NOI, Contractor: Co-Permittee NOI

Multiple Primes (Construction Management) ▫ Owner: NOI, CM & Contractors: Co-Permittee NOI

Homebuilder ▫ Lot NOI

How to Obtain Permit Coverage

• NPDES Construction General Permit ▫ READ THE PERMIT

▫ Develop Storm Water Pollution Prevention Plan (SWP3)

▫ Submit NOI/Co-Permittee NOI/Individual Lot NOI Application

• Alternative: Individual NPDES permit ▫ If you question the ability to meet CGP: contact Ohio EPA staff

▫ Submit applications at least 180 days prior to ground breaking

▫ Anti-Degradation review may apply

How to Obtain Permit Coverage

• Developer submits Notice of Intent (NOI)

▫ Fee is $200 for disturbances 5 acres

▫ At least 21 days prior to the start of construction

Can not start before receiving Authorization Letter

from Ohio EPA

▫ $20/acre surcharge for larger sites, $500 max.

• General Contractor submits Co-Permittee NOI

▫ Before he starts work on project

▫ Can submit with Developer’s NOI or after Developer

obtains coverage

▫ No fee

How to Obtain Permit Coverage

• If they are not an “operator” but, are a contractor or subcontractor whose work can impact SWP3 implementation ▫ They do not need a permit, but… ▫ Permittee has duty to inform them about SWP3

requirements Must keep signed contractor certifications acknowledging

receipt of information Examples available at

http://www.epa.gov/npdes/pubs/exampleswppp_smallcommercial_apph.pdf

http://www.epa.gov/npdes/pubs/exampleswppp_residential_apph.pdf

How to Obtain Permit Coverage

• Home Builder submits Individual Lot NOI

▫ Submit 7 days prior to date they accept responsibility

of lot

▫ No fee

▫ Developer must maintain all centralized sediment

controls

▫ If no centralized sediment controls are required: Developer must stabilize lot at least 7 days prior to transfer

Developer submits Individual Lot Notice of Termination

(Individual Lot NOT) for lot

CGP Renewal: & What Happens When They Don’t…

• OAC 3745-38-02 amended in 2010

▫ CGP coverage expires 5 years from date on Director’s

Authorization letter. If the project is not complete,

coverage must be renewed every 5 years

▫ Ohio EPA sends written notice to permittees of

previous CGP permits of the renewal

Who Reviews the SWP3?

• Ohio EPA does not typically review the SWP3 prior

to granting permit coverage ▫ Granting permit coverage does not mean the SWP3

complies with the permit!

• Ohio EPA will review SWP3s as part of the site

inspection – must be kept on site

• NPDES MS4 permits require MS4 to review SWP3s ▫ Typically, SWCD or City/County Engineer

NPDES Permits for MS4s

• MS4 Permit Requires: ▫ Ordinance/Regulatory Mechanism

▫ Standards (meet technical requirements of CGP)

▫ Most MS4s must update by 2016

▫ SWP3 Review, both Private & Public Projects

▫ Track Progress & Submit MS4 Annual Report See Handout

MS4 Annual Reports

• Construction & Post Construction Info Required ▫ Ordinance/Reg Mechanism - Cite code, provide copy

or give weblink, Note updates

▫ Provide Standards being used

▫ Plan Review - # sites requiring plans, # reviewed. Pre-construction review of all ESC & post-construction plans (SWP3s) # sites requiring long term O&M plans & agreements, #

plans/agreements in place – see website for model

MS4 Annual Reports

• Construction & Post Construction ▫ Site Inspections - # applicable sites, #

inspections, average frequency MS4 must conduct initial construction

site inspection & then monthly, As-Built Inspections of Post-

construction BMPs

▫ Enforcement - # of violation letters, # of more formal enforcement actions (include type: stop work orders, administrative orders, fines, etc.)

▫ Provide list of sites with SWP3s reviewed, sites inspected, and enforcement actions taken- see footnote on form

What is a SWP3? (Storm Water Pollution Prevention Plan)

Physically, it is…

• A site specific & stand alone document ▫ contains everything needed to bid, construct, & maintain E&S, Non-

Sediment, & Post-C controls

• Contains narrative, detail drawings, supporting calculations

• Onsite & immediately available to OEPA & MS4 ▫ Within 10 days upon written request

• Addresses entire permitted area • Ex.: NOI submitted for 20 acres. SWP3 only developed for Phase I

(5 acres). The remaining 15 acres do not have permit coverage as there is no SWP3.

What is a SWP3?

Substance, it is…

• Sediment & Erosion Controls - Permit guides the selection of these controls and requires them to be implemented within certain timeframes

• Non-Sediment Pollution Controls - To address issues such as cement washout, saw “juice”, fuel tank storage areas, waste disposal, trench dewatering, contaminated soils/water, drilling slurries, etc.

• Post-Construction Storm Water BMPs - Permanent features of the site which improve the quality of storm water runoff from the developed site. Must include O&M plan: who inspects/maintains, maintenance tasks & schedule, any needed legally binding maintenance easements & agreements, map showing easements.

SWP3 Review Is all the required info provided?

Contents include… ▫ Site Description

Nature & type of project

Area of site & area of disturbance

Post-construction impervious area & %

Pre & post construction runoff coefficients

Existing soil & discharge data, (Pewamo or Hoytville? Phase II Environmental Assessment?)

Prior land use description

Names & locations of receiving waters, areal extent of impact to wetlands

Copy of the CGP

SWP3 Review Is all the required info provided?

Contents include… ▫ Site Description

For subdivision – an example individual lot with BMPs Location of onsite asphalt or concrete plants & BMPs Logs documenting SWP3 changes, grading changes, &

stabilization ▫ ID contractors, signatures & contact info ▫ Site Map * ▫ Construction Sequence * ▫ Detail Drawings & Specifications, including O&M info* ▫ Self-Inspection Logs* ▫ Certification Statement – Signed by Permittee & Dated

SWP3 Review Site Map

• Contents Include: • Earth disturbing limits & offsite borrow/spoil areas

• Soil types

• Existing & new contours with drainage areas

• Surface water locations within 200 feet of site

• Locations of future buildings, parking lots, roads

• Location of sediment & erosion controls

• Sediment pond volume & drainage area

• Location of structural post-construction BMPs

• Waste disposal areas (stockpiles, concrete washout, etc.)

• Construction site entrances

• Location of stream crossings

• A series of site maps is appropriate for numerous

grade changes.

SWP3 Review Site Map

• Delineated watersheds ▫ For all phases of construction

▫ Pre and post-storm installation

▫ Identify all controls per watershed

• Ask yourself ▫ Where does the water go?

▫ Is there a sediment control to address it?

▫ Is it the right one?

• Ensure the design limitations are not exceeded for

each control (See CGP & Rainwater Manual) http://www.dnr.state.oh.us/water/rainwater/default/tabid/9186/Default.aspx

• Looks like most of required info is present.

• Drainage areas delineated w/ a sed control for each area.

• [(793’ -790’)/120 ft. length of slope] x 100= 2.5% slope

• According to the silt fence table in the CGP, the maximum drainage area allowed is 0.25 acres. A sed trap or basin is indicated. If there is a technical reason why sed pond could not be used, the rationale must be in the SWP3

SWP3 Review Detail Drawing & Specifications

• For each BMP shown on the site map or listed in

the narrative, is there detailed info about:

▫ When will they be implemented during the

construction sequence?

▫ How will they be built (specific dimensions)?

▫ What are their maintenance requirements?

SWP3 Review Construction Schedule

• Very project/site specific (eg. if it mentions a sed pond, there

must be a sed pond on the site map, and related detail drawings and calculations)

• Should be reviewed with contractors and updated • Include contingencies for time of year/phase of construction • Needs to cover all major phases of construction:

▫ Clearing & Grubbing and / or Demolition ▫ Mass Grading ▫ Infrastructure Installation ▫ Building Construction, including individual lots ▫ Final stabilization / Post Construction WQ

• ID contractor responsible for implementing each control

SWP3 Review Construction Schedule

• Clearing/grubbing – includes logging ▫ Construction entrance ▫ Sed controls installed within 7 days ▫ How long before earthwork starts (>14 days then stabilize)

• Demolition ▫ Inlet protection ▫ Dust mitigation

• Grading: ▫ Sed controls installed before; Sed ponds need to be in

before final cuts/fills; Temporary diversions (clean water around site, dirty water to sed pond);

▫ Can contractors work so sed pond & perimeter area are grubbed first?

Individual Lot SWP3

• Stoned construction entrance underlain with the appropriate geotextile

• Temporary seeding and mulching of all disturbed areas

• Storm sewer inlet protection for rear yard drains and catch basins

• Temporary seeding within 50 feet of any stream or wetland

• Silt fencing (where necessary)

• Concrete washout basin

• Solid waste storage/disposal

Erosion Control Practices

Mulching

Construction Entrance

Rock Check Dam

Matting

Erosion Controls Non-Numeric Effluent Limitations (CGP Part II.B)

Temporary Stabilization

Type of disturbed area Time frame to apply erosion

controls

Within 50 feet of stream but not at

final grade

Stabilize within 2 days if area is

dormant for over 14 days

Disturbed areas dormant for over

14 days but < 1 year

Stabilize within 7 days; stabilize lots >

7 days prior to transfer

Disturbed areas idle for winter Prior to onset of winter weather

Erosion Controls Non-Numeric Effluent Limitations (CGP Part II.B)

Permanent Stabilization

Type of disturbed area Time frame to apply

erosion controls

Within 50 feet of stream and at

final grade

Stabilize within 2 days of

reaching final grade

Disturbed areas dormant for over 1

year

Stabilize within 7 days of last

disturbance

Disturbed areas reaching final

grade (> 50 feet of stream)

Stabilize within 7 days of

reaching final grade

Sources:

Pitt, R., Module 4: Erosion Mechanisms and the Revised Universal Soil Loss Equation. 2004 .

Wischmeier, W.H. and D.D. Smith. Predicting Rainfall Erosion Losses - A Guide to Conservation Planning. 1978.

Soil Stabilization Area idle for ≥ 14 days? Stable if ≥ 70% growth density

• Final

Stabilization

Things you don’t normally see but

should…

Questions? Contact Ohio EPA

Lynette Hablitzel

(419) 373-3009 lynette.hablitzel@epa.ohio.gov

Patricia Tebbe

(419) 373-3016 patricia.tebbe@epa.ohio.gov

Or, visit our website at www.epa.ohio.gov/dsw/storm/index.aspx

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