Landfills And The New Virginia Stormwater Management Program Regulations

Transcription

1 Landfills And The New Virginia Stormwater Management Program Regulations

2 Agenda Overview of regulatory programs Specific guidance from DEQ Quiz Questions and Answers

3 Why Is this such a hot topic? NEW REGULATIONS GO INTO AFFECT ON 7/1/14 FOR: General Permit for Construction Activities / Virginia Stormwater Management Program Industrial Stormwater General Permit

4 The Regulatory Framework 9VAC Industrial Stormwater General Permit (VPDES) 9VAC Erosion and Sediment Control Regulations 9VAC Virginia Stormwater Management Program 9VAC General Permit for Discharges of Stormwater from Construction Activities 9VAC General Permit for Discharge of Stormwater from small MS4s

5 Virginia Stormwater Management Program And General Permit for Construction Activities

6 VSMP Highlights USEPA Federal oversight and auditing DEQ Role DEQ permits, regulates & controls runoff VSMP Authority Adopted by ordinance Consistency Agree with Act, Regulations and the Construction GP Integration Integrate MS4, erosion/sediment control, flood insurance, flood plain mgt. and related programs

7 VSMP Highlights Approval & Review LDA DEQ reviews permits every 5 years VSMP applies to LDAs of > 1acre, or > 2,500 sq. ft. (CBPA) Inspection Periodic inspection of BMPs and maintenance agreement Violations Violations subject to civil penalties up to $32,000

8 Stormwater Plan Submittal Process NO Does your project disturb over 1 acre of land or disturb more than 2500 square feet within a CBPA? YES Does your project disturb over 10,000 sf? NO No Permit Required YES ESC Permit Required ESC & SWM Plan Submittal Required

9 VSMP - Submittal Process 50% Payment of VSMP Application Fee Initial Submittal to VSMP Authority 1. ESC Plans 2. SWM Plans 3. SWPPP a. ESC Report b. Pollution Prevention Plan c. SWM narrative and calculations 4. Long-Term Maintenance Agreement Land Disturbance Permit AND Registration Statement for General Permit

10 VSMP - Focus LONG TERM MAINTENANCE AGREEMENT Recorded with Deed; covenant running with land Construction and construction record drawing(s) Maintenance Inspection by Owner and by VSMP Authority Corrective action and/or enforcement by VSMP Authority

11 VSMP - Post-Construction Requirements Long-Term Maintenance Agreement Enforcement (Owner & VSMP Authority) Post Construction Inspections (Owner & VSMP Authority) Maintenance of BMPs (Owner)

12 VSMP - Fees GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES DESCRIPTION Current permit REGISTRATION FEE ANNUAL MAINTENANCE FEE > 1 acre but < 5 acres $450 NA > 5 acres $750 NA New Permit after 7/1/14 < 1 acre $290 $50 > 1 acre but < 5 acres $2,700 $400 > 5 acres but < 10 acres $3,400 $500 > 10 acres but < 50 acres $4,500 $650 > 50 acres but < 100 acres $6,100 $900 > 100 acres $9,600 $1,400

13 VSMP QUALITY Key Criteria Phosphorus and local TMDL reqmts. Runoff Reduction Method QUANTITY Peak Runoff Rate & Volume Energy Balance Equation

14 VSMP Quality Controls LAND COVER Managed Turf Impervious Forest (undisturbed or restored) or open space

15 VSMP - Implementation BASIC RULES Keep runoff in contact with soil Consider infiltration, evapotranspiration & reuse controls Retain runoff on site

16 Industrial Stormwater General Permit And Solid Waste Management

17 Industrial Stormwater General Permit USEPA Federal program (11 industrial activities) DEQ DEQ regulates and permits stormwater runoff from industries by sector (30 sectors) Owner Submits registration statement and fee DEQ Reviews and issues permit Owner Implements program monitoring and reporting

18 Industrial Stormwater General Permit KEY DATES - Registration Registration date - existing permits: May 2, 2014 Late registration through: June 30, 2014 Effective date of general permit: July 1, 2014 (but permit issuance may be delayed) Permit term (5 years): June 30, 2019 Fees: $500

19 Industrial Stormwater General Permit KEY DATES SWPPP Preparation Existing permits: Owner shall review and update the SWPPP within 90 days of coverage under the permit. New facilities: Owner shall prepare and implement a written SWPPP for the facility prior to submitting the registration statement.

20 How do I know if I need a permit? BY DEFINITION: Facilities classified as and SIC 28 Landfills, land application sites, & Facilities involved in the recycling of materials

21 How do I know if I need a permit? BY SOLID WASTE SECTORS Sector A: Timber Products Wood, mulch and bark facilities (SIC 2499) Sector C: Chemical and Allied Products Composting facilities (SIC 2875) Sector L: Landfills and Land Application Sites Sector N: Scrap Recycling Facilities (SIC 5093) Sector P: Land Transportation and Warehousing

22 How do I know if I need a permit? By regulation (9VAC ) Separate permit requirements established for recycling facilities that receive ONLY source separated recyclable materials primarily from nonindustrial and residential sources. (e.g. common consumer products including paper, newspaper, glass, cardboard, plastic containers, aluminum and tin cans.)

23 How do I know if I need a permit? NO-EXPOSURE All industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff. Any owner who becomes eligible for a no exposure A no exposure certification must be submitted to the DEQ once every five years.

24 How do I know if I need a permit? INACTIVE AND UNSTAFFED SITES Waiver of quarterly visual assessments, routine facility inspections and monitoring requirements may be granted. Annual comprehensive site inspection required. Notification within 30 days of any changes exposed materials, activity or staffing.

25 How do I know if I need a permit? CO-LOCATED FACILITIES Determination of Primary Industrial Activity Facilities with co-located industrial activities onsite shall: Comply with all applicable effluent limitations. Include description, special conditions etc. in SWPPP. Facilities may also have to monitor for benchmark parameters if point discharge.

26 How do I know if I need a permit? LANDFILLS - EXCLUDED Pre-1988 landfills closed in accordance with regulations or permits at that time Post-1988 landfills closed in accordance with 9VAC /170 No exposed waste

27 General Program Requirements SUMMARY Preparation and implementation of Storm water Pollution Prevention Plan (SWPPP) Inspections Monitoring and reporting Corrective action

28 Storm water Pollution Prevention Plan LANDFILLS SWPPP must address: Contaminated Stormwater working face Non-contaminated Stormwater intermediate and final cover Erosion and sediment control plan stockpiles/borrow areas/other activities Inspections - frequency Record keeping - critical

29 Storm water Pollution Prevention Plan MULCHING FACILITIES SWPPP must address good housekeeping in storage areas, loading and unloading areas, and material handling areas designed to: Limit the discharge from wood debris; Minimize the leachate generated from decaying wood materials; and Minimize the generation of dust.

30 Storm water Pollution Prevention Plan MULCH DYEING OPERATIONS Discharge of wet dye drippings from mulch dyeing operations are prohibited. SWPPP must specifically address control measures to prevent the discharge of wet dye drippings and to prevent seepage of pollutants to groundwater.

31 Storm water Pollution Prevention Plan RECYCLING FACILITIES SOURCE SEPARATED MATERIALS (NON-INDUSTRIAL AND RESIDENTIAL) SWPPP must address: Inbound recyclable material control Outdoor storage Indoor storage and material processing Vehicle and equipment maintenance

32 Storm water Pollution Prevention Plan LAND TRANSPORTATION (Ground/Rail) SWPPP must address: Fueling stations Maintenance or cleaning areas Storage areas vehicle and equipment with potential fluid leaks Loading and unloading areas Areas where storage of wastes occur

33 Industrial Stormwater General Permit MONITORING REQUIREMENTS: Visual Benchmark Effluent Discharges to impaired waters w/o TMDL Discharges to impaired waters w/ TMDL Chesapeake Bay Watershed Quarterly Semi annual* Semi annual* Semi annual* Semi annual First two years* * New monitoring frequency

34 Industrial Stormwater General Permit SAMPLING: Representative outfalls can be considered. Sample within first 30 minutes of discharge unless document impractical. Samples may be taken during the first three hours of the discharge. (formerly 1 hour) Labs must meet Virginia Environmental Laboratory Accreditation Program by analyte per method (New)

35 Industrial Stormwater General Permit REPORTING Submit results on a DMR by January 10 and July 10 to DEQ. If discharging to MS4, submit to MS4. Visual monitoring kept with SWPPP.

36 Industrial Stormwater General Permit BENCHMARK PARAMETERS Mulch SECTOR Mulch dyeing operations Composting TSS, BOD PARAMETER TSS, BOD, COD, aluminum, arsenic, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel, selenium, silver, zinc, Total N, Total P TSS, BOD, COD, ammonia, Total N, Total P Landfills Scrap recycling Land transportation TSS (note that iron eliminated) TSS, aluminum, cadmium, chromium, copper, iron, lead, zinc TSS, TPH

37 Industrial Stormwater General Permit BENCHMARK LIMITS SECTOR PARAMETER NUMERICAL LIMITS Mulch BOD 30 mg/l TSS 100 mg/l Composting TSS 100 mg/l BOD 30 mg/l COD 120 mg/l Ammonia 2.14 mg/l Total N 2.2 mg/l Total P 2.0 mg/l Landfills TSS 100 mg/l Land Transportation TSS/TPH 100 mg/l / 15 mg/l

38 Industrial Stormwater General Permit BENCHMARK LIMITS SECTOR PARAMETER NUMERICAL LIMITS TSS 100 mg/l Scrap recycling source separated* Aluminum Cadmium Chromium Copper Iron Lead Zinc 750 ug/l 2.1 ug/l 16 ug/l 18 ug/l 1.0 mg/l 120 ug/l 120 ug/l *Metals monitoring for specific metals received.

39 Industrial Stormwater General Permit NUMERIC EFFLUENT LIMITS - LANDFILLS PARAMETER Max. daily (mg/l) Max. monthly average (mg/l) BOD TSS Ammonia Alpha Terpineol Benzoic Acid P-Cresol Phenol Zinc - total ph Within range of 6 9

40 Industrial Stormwater General Permit IF YOU EXCEED A LIMIT: Benchmark monitoring Consider source natural background Review SWPPP and modify within 30 days. Implementation of corrective measures before next storm event or within 60 days or as approved by DEQ. If construction required, complete work ASAP but no later than 3 years after exceedance. Temporary controls required. Provide Schedule in SWPPP Document actions in SWPPP

41 Industrial Stormwater General Permit IF YOU EXCEED A LIMIT: Effluent limitation or TMDL/Impaired water or local ordinance Similar to Benchmark exceedance. Within 30 days of implementing corrective action, report to DEQ. No additional follow up monitoring required. (New change)

42 Industrial Stormwater General Permit FACILITIES IN THE CHESAPEAKE BAY WATERSHED (New requirements)

43 Industrial Stormwater General Permit

44 Industrial Stormwater General Permit BASELINE MONITORING (Part I TSS, Total Nitrogen and Total Phosphorus. B.7): Sample during first four monitoring periods (first two years of permit coverage). Existing facilities may use data from the last two monitoring periods of 2009 permit and the first two monitoring events of 2014 permit. Information to be used to assess information submitted to EPA. Data must be analyzed and compared against loading values in regulations.

45 Industrial Stormwater General Permit BASELINE MONITORING : If loading value exceeded, a TMDL Action Plan must be submitted. Plan must be submitted within 90 days from the end of the second by 9/28/16. Implementation of plan over the remaining term of the permit to achieve all the necessary reductions by 6/30/24. If plan required, an annual report is required by June 30 th of each year.

46 Industrial Stormwater General Permit EXPANSIONS TO EXISTING FACILITY: Waste loads cannot exceed nutrient and sediment loadings before land developed Documentation included in SWPPP. May use VSMP water quality design criteria. Non-industrial land can be considered to comply with no net increase. Pollutant trading or offsets can be considered.

47 Industrial Stormwater General Permit NEW FACILITIES: Criteria similar to expansion; but Documentation included with registration.

48 And The Answers To Your Questions

49 Determination of Primary Activity

50 Determination of Primary Activity DEQ GUIDANCE: From: Tuxford, Burton (DEQ) Sent: Wednesday, March 26, 2014 When we look at a facility for determination of its need for a Stormwater permit, we look at the primary activity going on at the site. If it falls Stormwater Regulations, they need a permit if they have point source discharges to surface waters. We also look at the site to determine ALL the industrial activities that are going on at the facility. All the -

51 Landfill Cell Development

52 Industrial Stormwater General Permit DEQ GUIDANCE: From: Burton Tuxford (DEQ) Date: April 23, 2014 Answers to your questions: If a landfill is permitted under VDEQ solid waste to include a number of cells, would the construction of one of these permitted cells after No, the new cell would be part of the normal landfill operations,

53 Industrial Stormwater General Permit DEQ GUIDANCE: From: Burton Tuxford (DEQ) Date: April 23, 2014 Lynn, construction of a new cell at a permitted landfill would NOT be special condition (SC #9) requirements. The opening and closing of new cells is part of the normal landfill operations, and these activities are exempt from the VSMP Construction Stormwater permitting requirements, and therefore exempt from the permit special condition requirement

54 Industrial Stormwater General Permit DEQ GUIDANCE: From: Burton Tuxford (DEQ) Date: April 23, 2014 Lynn, Answers to your questions: If a landfill is permitted under VDEQ and then permits a lateral expansion requiring a Part A/Part B submittal, would the lateral expansion make the No, the lateral expansion would NOT make the If a new landfill is developed on a green field site, is it new? Yes, it is a

55 Industrial Stormwater General Permit LANDFILL CLOSURE

56 Industrial Stormwater General Permit DEQ GUIDANCE: From: Ian Edwards (DEQ) Date: March 31, 2014 As the facility has a VPDES stormwater discharge permit for industrial activities then obtaining VSMP general permit coverage for construction activities is not required provided there are adequate provisions in the VPDES discharge permit from industrial activities to address erosion and sediment control. An erosion and sediment control plan that is approved by the local plan approving authority should be obtained prior to land disturbing activities occurring

57 Industrial Stormwater General Permit BORROW AREA DEVELOPMENT

58 Industrial Stormwater General Permit EPA GUIDANCE: From FAQ EPA Construction General Permit (provided by VDEQ): disturbing construction activities and those activities supporting the construction project such as construction materials or equipment storage or maintenance earth disturbing activities that are part of the normal day-today operation of a completed facility (e.g. daily cover for landfills, maintenance of gravel roads or parking areas landscape

59 Industrial Stormwater General Permit DEQ GUIDANCE: From: Ian Edwards (DEQ) Sent: Thursday, April 03, 2014 To: Bill Hase The land disturbance associated with the borrow area at the landfill in XXXXXXX should be included in the VPDES industrial activities stormwater Ian Edwards Acting Stormwater Manager DEQ Blue Ridge Regional Office

60 Industrial Stormwater General Permit DEQ GUIDANCE: From: Ian Edwards(DEQ) Sent: March 31, 2014 To: Bill Hase If off site land disturbing activities are associated with this project, i.e. borrow areas that are not permitted under a Virginia Department of Mines Minerals and Energy permit or some other VPDES permit, either stormwater discharges from construction activities or stormwater discharges from industrial activities, then VSMP Construction General Permit would be required for the offsite activity provided the land disturbance is 1 acre or more. In addition an erosion and sediment control plan from the local plan approving authority would be required

61 Industrial Stormwater General Permit MULCH OPERATIONS

62 Industrial Stormwater General Permit DEQ GUIDANCE: CO-LOCATED FACILITIES From: Linda Shultz 3/7/14 -located activities that might be helpful to clarify: The VPDES GP is based on the primary activity. For example, a transfer station or convenience center is not a covered sector (i.e., no VPDES permit required). If mulching is their secondary activity, and the primary activity does not require a GP, then no permit is required (unless DEQ determines they are causing a water quality problem to a receiving stream). For co-located operations that fall under multiple sectors,( e.g., a landfill with mulching), the permit is based on the primary activity (Sector L - landfill), and the secondary activity (Sector A -mulching)

63 Industrial Stormwater General Permit DEQ GUIDANCE: From: Tuxford, Burton (DEQ) Sent: Wednesday, March 26, 2014 To: Shultz, Linda (DEQ) Subject: RE: mulching and stormwater discharge falls within SIC (and always has), which is regulated and included in Sector A of the ISWGP. Regarding XXXXXXX Landfill, the mulching now is a co-located industrial activity that needs to be included in the landfill permit/swppp. Sounds like it has a - - still covered. clear what the primary activity would be, so I think it would be the (regional whether they want to consider the mulching for permitting

64 Landfills Mulch - Compost DEQ GUIDANCE: From: Tuxford, Burton (DEQ) Sent: Wednesday, April 23, 2014 Subject: RE: mulching and stormwater discharge point under the re-issued industrial stormwater general permit. If the discharge is pure sheet flow (i.e., not concentrated/channelized in any way), that is fine. However, the discharges must still be controlled to ensure that they are not significant contributors of pollutants to the receiving stream, or causing a water quality problem. So, they still have to manage their stormwater

65 Industrial Stormwater General Permit COMPOST OPERATIONS

66 Industrial Stormwater General Permit DEQ GUIDANCE: COMPOSTING FACILITIES From: Linda Shultz 3/7/14 If there is zero discharge, a facility is exempt from the VPDES permit requirements and there is no filing necessary. Composting facilities are now specifically included under Sector C of the VPDES GP. They have always needed a permit (not all may have had them, though). It just was not clear in the past which Sector they fell under. As for yard waste composting facilities, the GP does not distinguish categories of composting. Unless they are classified as something other than SIC 2875, yard waste composting is grouped with other types of composting in the GP. Mulching

67 Infrastructure Development

68 VSMP - Submittal Process NO Does your project disturb over 1 acre of land or disturb more than 2500 square feet within a CBPA? YES Does your project disturb over 10,000 sf? NO No Permit Required YES ESC Permit Required ESC & SWM Plan Submittal Required

69 Industrial Stormwater General Permit DEQ GUIDANCE: TRANSFER STATIONS From Burt Tuxford, May 5, 2014 Sector P is for land transportation facilities (SIC 40, 41, 42, 43, and 5171), that perform maintenance (including vehicle and equipment rehabilitation, mechanical repairs, painting, fueling and lubrication) and equipment cleaning. Transfer stations are not described under any of these codes. Sector P is also for SIC (public warehousing and storage). Transfer stations do not fit into these SIC codes either. If we designate a transfer station for permitting, and they perform maintenance on site, then their permit would include Sector P requirements.

70 Industrial Stormwater General Permit DEQ GUIDANCE: TRANSFER STATIONS From Burt Tuxford, May 5, 2014 Solid waste transfer stations are not regulated under the stormwater program, per se. However, if the stormwater discharges from the facility are causing a water quality problem, we could designate the station for permitting. If the transfer station is located on a site that is required to be permitted for their stormwater discharges (such as a landfill), it would be included as an industrial activity that would need to be addressed in the facility s SWPPP.

71 Industrial Stormwater General Permit DEQ GUIDANCE: TRANSFER STATIONS From Burt Tuxford, May 5, 2014 We look at the primary industrial activity on site to determine the need for a stormwater permit. The primary activity at these facilities is transfer station, so the storage areas would not trigger the need for a stormwater permit. If they facility has been designated for permitting, this would be an industrial activity that would need to be addressed in the facility s SWPPP.

72 Questions And Answers