New California Construction Storm Water General Permit

Starting July 1, 2010, construction activities over one acre must obtain coverage under the new storm water general permit. The new control regulations are stricter, and more complicated than the current storm water general permit. Failure to comply could result in serious penalties.

Construction activities include clearing, grading or disturbances to the ground such as stockpiling or excavation.  There are many exceptions, most notably for routine maintenance and agriculture.  There may also be waivers available for small construction projects of less than five acres.

The State Water Resources Control Board made significant changes to the current permit (Order 99-08-DWQ). The new General Permit (Order 2009-0009-DWQ) differs in the following significant ways:

Certification/Training Requirements for Key Project Personnel: This General Permit requires that key personnel (e.g., SWPPP Developer or Practitioner) have specific training or certifications to ensure their level of knowledge and skills are adequate to design and evaluate projects that comply with General Permit requirements.

Electronic Submittals: Existing and new construction projects must submit Notices of Intent, detailed maps, Storm Water Pollution Prevention Plans (SWPPP), photographs, analytical data and other Permit Registration Documents electronically.

Risk-Based Permitting Approach: This General Permit establishes three levels of risk possible for a construction site. Risk is calculated in two parts: 1) Project Sediment Risk, and 2) Receiving Water Risk. Sites located in watersheds where a Total Maximum Daily Load (TMDL) was adopted or approved may be subject to additional requirements. Existing construction sites are grandfathered at the lowest risk level and not required to conduct a risk assessment until September 2, 2011.

Rain Event Action Plan: Risk Level 2 and 3 projects must develop and implement a Rain Event Action Plan (REAP) within 48 hours of a likely rain event (defined as a forecast of 50% or more probability of 0.01 inch or more of rain). Photographs must be taken before, during, and after storm events of ½ inch or more and electronically submitted every three rain events.

Numeric Discharge Effluent Limits: Risk Level 2 and 3 projects must take at least three samples of discharges at all discharge points daily during rain events for pH and turbidity. If the daily average discharge exceeds a numeric action limit (NALs) for pH and turbidity, the discharger must submit the data electronically, determine the cause of the non-compliance and document any corrective action. Risk Level 3 sites are subject to numeric effluent limits (NELs) for pH and turbidity. Discharges which exceed those limits must also report them electronically and may be subject to additional requirements. The daily average NEL for turbidity is set at 500 NTU to represent the minimum technology that sites need to employ (to meet the traditional Best Available Technology Economically Achievable (BAT)/ Best Conventional Pollutant Control Technology (BCT) standard) and the traditional, numeric receiving water limitations for turbidity.

Additional Minimum Requirements: This General Permit imposes more minimum best management practices and requirements that were previously only required as elements of the SWPPP or were suggested by guidance.

Post-Construction Standards: This General Permit specifies run-off reduction requirements for all sites not covered by a Phase I or Phase II MS4 NPDES permit, to avoid, minimize and/or mitigate post-construction storm water runoff impacts.

Permit Termination: Dischargers must submit a Notice of Termination (NOT) and certify that all applicable state and local requirements were met, including final site stabilization and applicable post-construction standards. Until the NOT is approved, the discharger remains responsible for permit fees and applicable compliance issues.

Soil, Effluent and Receiving Water Monitoring and Reporting: The new General Permit provides the option for dischargers to monitor and report the soil characteristics at their project location. The primary purpose of this requirement is to provide better risk determination and eventually better program evaluation. The general permit requires effluent monitoring and reporting for pH and turbidity in storm water discharges. The purpose of this monitoring is to determine compliance with the NELs and evaluate whether NALs included in this General Permit are exceeded. Some Risk Level 3 dischargers must monitor receiving waters and conduct bioassessments.

Annual Reporting: The new General Permit requires all projects that are enrolled for more than one continuous three-month period to submit information and annually certify that their site is in compliance with these requirements. The primary purpose of this requirement is to provide information needed for overall program evaluation and pubic information.

Linear Underground/Overhead Projects: The new General Permit includes requirements for all Linear Underground/Overhead Projects (LUPs).

The Regional Water Quality Control Board is tasked with enforcement. Failure to comply with the new General Permit subjects violators to administrative penalties of up to $10,000 per violation and civil penalties of up to $25,000 per violation. Private citizens enforcement actions are also possible under the federal Clean Water Act with penalties up to $37,500 per violation. Citizen enforcement is expected with the new electronic submissions format which is available to the public.

The Environment and Sustainability Forum is a great way to stay current on this and other quickly evolving regulations, click here to learn more.

Posted by Derek Hoye on June 1, 2010 @ 3:50 PM