General Construction Permit (GCP) Storm Water Inspections. Scott Bulgrin Pueblo of Sandia

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1 General Construction Permit (GCP) Storm Water Inspections Scott Bulgrin Pueblo of Sandia

2 Storm Water The 1987 Amendments to the CWA set the process of controlling storm water pollution into motion. In the early 1990 s, Phase I required cities with populations over 100,000, industrial facilities, and construction sites five acres or larger to obtain a NPDES permit. In the late 1990 s, Phase II required smaller MS4s in urbanized areas ( combined populations 50,000+ and population density in core 1000/sq. mile), industrial facilities, and construction sites one acre or larger to obtain a NPDES permit. 2

3 Construction General Permit (CGP) Any construction activity that results in land disturbances of one (1) acre or more needs coverage under NPDES CGP. Large construction activities (1990) 40 CFR (b) (14) Small construction activities (2003) - 40 CFR (b)(15) (ii) 3

4 Construction Projects on the Pueblo of Sandia The Pueblo of Sandia Environment Department reviews all construction projects that occur on the Pueblo and those that are off tribal land that may influence the tribal waters. Notice of Intent (NOI), Storm Water Pollution Prevention Plans (SWPPs), Notice of Termination (NOT) are reviewed, and commented on. The Pueblo of Sandia issues a Letter to Proceed with mitigating conditions before the project is initiated and a Letter to Terminate before ending.

5 Construction Projects on the Pueblo of Sandia General construction sites are inspected to minimize disturbance and comply with Phase II Storm Water Regulations and the Pueblo s requirements.

6 Overview Preparations Aspects of construction sites Paper and Pencils Aiming at better Best Management Practices (BMPs) Wrap Up Enforcement

7 Preparation Purpose Complaint or referral investigation Routine inspection Follow-up Compliance Evaluation Scheduling Is rainfall imminent? When to start? How long will it take?

8 Equip Yourself Properly

9 Information is Power Aerial photos, USGS maps, County plat maps or tax information, Topozone.com Site profiles and past state of vegetative cover from aerial photos, USGS maps, etc. Location of streams, ponds and wetlands as well as discharge points Site ownership

10 Aspects of Construction Sites Steel toed boots, steel toed rubber boots Sunglasses (Mirrored aviators for the inhuman look, your choice if you desire to present a more personable appearance) Quality rangefinder or measuring wheel ( This ain t no acre! ) Raincoat, windbreaker, insulated coveralls, Filson Wool Elmer Fudd cap (not with the mirrored aviators)

11 At the Site Be aware of any requirements for site entry Don t take chances on private property Follow smart practices for confrontations Obtain assistance from tribal police or enforcement authorities if necessary

12 Entry: Credentials (Tribal or Federal ) Credentials or Tribal ID should always be presented whether they are requested or not. Credentials or Tribal ID should never leave the sight or control of the inspector. Credentials or Tribal ID should never be photocopied. Business cards are useful hand outs at this stage. 12

13 Entry: Consent Consent to inspect must be given by the owner or responsible staff at the time of the inspection. Expressed consent is not necessary absence of expressed denial constitutes consent. If construction staff are reluctant the inspector should tactfully seek the reasons why but avoid threats and inflammatory language. If consent is denied the inspector should document the denial and consult with supervisory and/or legal staff. 13

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16 Site Entry Your first impression of them: General impression good housekeeping, appearance of BMPs, site maintenance Their first impression of you: Meet and greet I m from the tribal environment department and I m here to help you. Try to make a favorable first impression Maintain a professional and courteous attitude.

17 Paper and Pencil Storm Water Pollution Prevention Plan (SWPPP) complete with map(s), appropriate signatures of management Inspection reports (real ones, not everything looks good ) Notes of maintenance conducted, installations, stabilization, new controls, etc. As Admiral Josh Painter said in the movie The Hunt for Red October Russians don t take a dump, son, without a plan. So have a plan.

18 Storm Water Pollution Protection Plan (SWPPP) Modifications Have there been any spills of oil or hazardous substances? Spills of other kinds? Has the SWPPP been modified accordingly? Was tribe or the tribal environment department notified as required for spills equal to or in excess of reportable quantities?

19 SWPPP Does the SWPPP adequately describe the site? Potential pollutant sources identified. Describe and ensure implementation of practices. Is the Pollution Prevention Team identified? By name or title?

20 Site description Activities Map SWPPP flow direction identified on map locations of existing structural BMP s water bodies potential pollutant source spills and leaks locations of fueling areas, vehicle maintenance, loading/unloading, treatment/storage/disposal of wastes, liquid storage

21 SWPPP Site description Map locations of storm water outfalls location and description of non-storm water outfalls locations of processing and storage areas, access roads, rail cars and tracks, bulk transfer stations, machinery storage locations and sources of run off to and run on from adjacent properties where the water can contain significant quantities of pollutants Are wetlands and receiving waters identified?

22 SWPPP Descriptions of potential pollutant sources including activities and possible pollutants Descriptions of cleanup of spills and leaks Sampling data Description of Controls, existing and planned BMP types to be considered including structural and non-structural

23 SWPPP Non-structural BMPs How is their housekeeping? Preventive maintenance (including inspections) Spill prevention and response Routine facility inspections Employee training

24 Application

25 Application

26 Application

27 Construction BMP Controls Erosion controls protect soils from the erosive forces of falling stormwater, and sheet flow Erosion Control Blankets, Mulches, etc. Runoff controls protect soils by reducing velocities and thereby reducing gully erosion and sediment transport capacity Grass lined channels.

28 SWPPP Structural BMPs Sediment and erosion control Management of runoff utilizing detention, retention, attenuation, infiltration or a combination of these Are velocity dissipation devices in use?

29 Installation

30 Installation

31 Installation

32 Keeping Plans Current The SWPPP should be amended when there is a change in design, construction, operation or maintenance that has a significant effect on pollutant discharge and when inspections or investigations by site operators, local, tribal or federal officials indicate the SWPPP is proving ineffective in eliminating or minimizing pollutants

33 Maintenance and Inspection Inspections must be done at a minimum of every 14 days or within 24 hours of a rain event of ½ inch or greater Records and reports of inspections kept with SWPPP SWPPP modified as needed due to reports Records of maintenance conducted as a result of the reports

34 Aiming at Better BMPs Application The right BMP in the right spot is not a given. Surrounding Silt Fences vs. short runs that smile Installation Is that a pile of rock or is it a dam? Maintenance #1 neglected thing at a site.

35 Maintenance

36 Maintenance

37 Maintenance

38 Maintenance

39 Construction BMP Controls Sediment controls sediment basins, sediment traps and sediment barriers, reduce sediment transport capacity through ponding

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41 Discharges of pollutants is often due to a lack of maintenance, lack of inspections, or lack of installation of BMP s. These are a major driver for follow-up enforcement and penalties.

42 Wrap Up Review all findings Discuss findings with contact if appropriate Discuss and set follow-up dates/inspections If enforcement and/or penalties are contemplated or likely, discuss possibility with contact so there are no surprises

43 Enforcement Pueblo of Sandia will send letter to EPA Region 6 with details and inspection report asking for enforcement. EPA can issues the following: Notice of Violation Consent Order w/penalty Administrative Compliance Order w/penalty

44 Enforcement Pueblo/Tribes can set up enforcement through their own laws, resolutions or ordinaces this may include the following: Fines Notice to Comply Date with Inspection Report Immediate Stop and Desist

45 Other Processes and Tools that may come into play with GCPs Clean Water Act (CWA) 303 Water Quality Standards. Clean Water Act (CWA) 404 Dredge and Fill Permit including a Wetland Delineation Studies issued by the U.S. Army Corps of Engineers. Clean Water Act (CWA) 401 Water Quality Certification issued by the Pueblo of Sandia.

46 Other Processes and Tools that may come into play with GCPs Clean Water Act (CWA) 402 National Pollutant Discharge Elimination System (NPDES) Permits. Inspector Credentials (CWA). Tribal Resolutions and Ordinances Other- United States Fish & Wildlife Services (USFWS) Endangered Species Act (ESA) and National Environmental Policy Act (NEPA).

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48 For Further Information Please Contact: Pueblo of Sandia Environment Department 481 Sandia Loop Bernalillo, NM (505)