The NPDES Storm Water Permit - Chasing Dirt. March 18, 2014 WaterCon 14 - Springfield

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1 The NPDES Storm Water Permit - Chasing Dirt March 18, 2014 WaterCon 14 - Springfield

2 Today s Topics FOS Perspective A. SW NPDES History and Purpose B. NOI Notice of Intent to Construct C. SW Pollution Prevention Plans D. The Good, the Bad, the Ugly E. What to Expect. 30 March

3 Regulatory History of SW NPDES Program Water Quality Act of 1965 Federal Water Pollution Control Act of 1972 Clean Water Act of 1977 Clean Water Act of 1987 Storm Water Program Question? What water pollution control Act preceded all of these by Decades? Illinois Environmental Protection Act (The Act) March

4 1899 River and Harbor Appropriation Act The River and Harbors Appropriation Act called for appropriation of nineteen million dollars for internal improvements on rivers and harbors. The Act was considered pure "pork barrel" legislation (laws which personally benefit individual Congressmen). The legislation was vetoed by President Arthur, but immediately overridden in Congress. Section 10: The Act makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters, or tributaries thereof, of the United States without a permit; this specific provision is known as the Refuse Act. 30-Mar-14

5 Regulatory History of SW NPDES Program Federal Water Pollution Control & Clean Water Acts: National Pollutant Discharge Elimination System (NPDES) Permit to discharge to Waters of the U.S. Shades of the 1899 Refuse Act. 30 March

6 Regulatory History of SW NPDES Program 1987 CWA Amendments: Phased Compliance Phase I 1990 Federal Register: Identified significant sources of runoff Defined Categories of Activities Area of Project Defined: >= 5 acres Permit Developed (general) Phase II 1999 Federal Register: New Deadline went into effect March 10, 2003 (construction sites that disturbed one acre or more). 30 March

7 Phase II Small MS4 Coverage Purpose of MS4 Programs Require storm water controls at local level A Phase II - Regulated MS4 is any SSSS: Located in an urbanized area as defined by the Bureau of Census... and... Designated by the IEPA Enforce SW Permit conditions in their jurisdiction Report Compliance Annually to IEPA. 30 March

8 What Activities are Covered? Construction activities Any site development including roads, construction of residential buildings, office buildings, industrial sites, or demolition. Land Disturbance - Soil is exposed due to clearing, grading, or excavation activities Demolition and Re-construction. 30 March

9 Construction SWPPP includes: A description of the Site The nature of the construction activity The sequence of major activities i.e. Material Storage, Soil Disturbance, Clearing, Demolition, Grading, Excavating Controls Modifications. 30 March

10 Construction Permit Activity Before Construction 30 Day mandatory review period IEPA will post NOI & SWPPP on website: Start of construction (discharge) is authorized 30 days after the date the NOI is postmarked. 30 March

11 The Good, the Bad, the Ugly 30 March

12 Down-Side of Mass-Grading 30 March

13 Misapplication of Controls 30 March

14 Good Before and Better After Before After 30 March

15 What Inlet Protection?!*#?! inlet Protection? 30 March

16 30 March

17 30 March

18 Why straw bales are no longer used. 30 March

19 What to Expect from an Illinois EPA or SWCD Site Visit 30 March

20 Kinder and Gentler SWCD SITE VISIT 30 March 2014

21 Intergovernmental Agreement EPA & SWCD 22

22 Consultation & Education

23 When inspections are warranted: Routine (by SWCD with or without EPA presence) Citizen complaint Incidence of Noncompliance Known violation SW permit Issued.

24 What SWCD s inspect: Disturbed sites NPDES permitted sites MS4 covered sites MS4 Permitees Notice Of Termination (NOT).

25 SWCD Inspection List: First Talk to site rep Look at paperwork Walk around site Report and Letter Post-visit follow-up (phone, , etc.) May revisit with site rep Possible follow-up visit to see corrective actions.

26 Check Paperwork: Letter granting permit coverage Notice of Intent SWPPP On-site inspection forms. 27

27 SWPPP Certification statement Signed Address erosion other than rain drops Runoff, wind, sheet/rill, gully, stream bank.

28 Is the SWPPP up to date?

29 Review Owner s site inspections Once every 7 calendar days Within 24 hours of a storm event 0.5" or greater Snow cover or Frozen conditions Once per month Weekly when activities resume, snowmelt or 0.5" rain.

30 Which button do you push? ILLINOIS EPA INSPECTIONS 30 March

31 Illinois EPA Site Visit 1. Verify a permit has been issued 2. Evidence of Pollution Off-Site 3. Evaluation of the controls 4. Controls protecting the environment 5. Maintenance of Controls 30 March

32 Illinois EPA Site Visit 6. Verify the SWPPP is on-site 7. Review the SWPPP 8. SWPPP up-to-date 9. Records: inspections, corrections, ION (non-compliance reports). 30 March

33 10. Verify that permit is posted on-site 11. Compliance Expected at the time of the Visit. Follow-Up: Illinois EPA Site Visit 12. Non-Compliance Advisory letter 13. Violation Notice letter 14. Referral to Illinois Attorney General. 30 March

34 Purpose / Goal A. Protect the water environment of Illinois B. Compliance with the NPDES Permit. 30 March

35 Agency Website & Contacts Web: Water Pollution Permit Section Phone Number: (217) Permit Section Contacts: 30 March

36 Slide and Photo Credits Jessica Cocroft, Winn Co SWCD Boone County SWCD WPC/FOS Rockford 30 March

37 Rockford Regional Office Chuck Corley, Regional Manager EPA - Water Pollution Division 4302 No. Main Street Rockford charles.corley@illinois.gov 30 March

38 Questions The Chase Ends 30 March

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