Illinois EPA – MS4/ILR10 permit poverview & changes

Stasi Brown, CPESCStasi Brown, CPESCResource AnalystResource Analyst

KaneKane--DuPage Soil & Water DuPage Soil & Water Conservation DistrictConservation District

Questions We Hope To Answer:Questions We Hope To Answer:

Requirements of an MS4 & ILR10 permits –how does the ILR10 General Constructionhow does the ILR10 General Construction permit relate to the MS4 permit?

What are for the new or amended requirements for the MS4 and Generalrequirements for the MS4 and General Construction permit?

NPDES OverviewNPDES Overview

Phased approach for stormwater was required by the 1987 CWA Amendments

Phase I:Phase I:Stormwater Application and Implementation Rules (1990)

Addressed major sources of runoffPhase II:

C t ti Sit > 5 (1995)Construction Sites > 5 acres (1995)Construction Sites > 1 acre and Small MS4’s (1999)

We are still in Phase II – new permit changes

NDPES permit descriptions:NDPES permit descriptions:

National Pollutant Discharge Elimination SystemNational Pollutant Discharge Elimination System

An MS4 or NPDES permit No ILR40 coversAn MS4 or NPDES permit No. ILR40 covers discharges for Municipal Separate Storm Sewer Systemsy

VS.A General Construction permit or NPDES permit Ge e a Co st uct o pe t o S pe tNo. ILR10 covers individual construction projects (within or outside a MS4) over 1 acre.

MS4 BasicsMS4 Basics

Municipal Separate Storm Sewer SystemMunicipal Separate Storm Sewer System

Storm sewer systems may include:Storm sewer systems may include:Ditches and Detention PondsCurbs/guttersCurbs/guttersStorm sewer pipes

Phase II MS4s are any small MS4s that are:Phase II MS4s are any small MS4s that are:located in a “urbanized area” as defined by the Bureau of Censusdesignated by the Illinois EPA

MS4 Permit RequirementsMS4 Permit Requirements

Create/Implement/Evaluate a Stormwater Management Plan (SWMP)

Reduce discharge of pollutants to the “maximum extent practicable” (MEP)Protect Water QualityImplement Best Management Practices (BMPs) to satisfy each of the six minimum controlsatisfy each of the six minimum controlmeasures

Six Minimum Control MeasuresSix Minimum Control Measures

Public Education and Outreach*Public Education and OutreachPublic Participation and InvolvementIllicit Discharge Detection and EliminationIllicit Discharge Detection and EliminationConstruction Site Runoff Control*P t C t ti R ff C t lPost-Construction Runoff ControlPollution Prevention/Good Housekeeping

Stormwater Management PlanStormwater Management PlanIdentify local concerns and characteristicsSh h t it ill t ib t f f di dShow what your community will contribute for funding and staffing the program.List activities to address each of the 6 measuresSchedule for implementation

Measurable Goals - Establish a Baseline – what issues will you target?g

Milestones or targets by which to measure how the activity is progressingDate of Completion - Measurable Goal/BMP Tracking Guidance

Way to monitor/report progress – audit

Info on permit, measurable goals and audit found at:http://www epa state il us/water/permits/storm-water/ms4 htmlhttp://www.epa.state.il.us/water/permits/storm water/ms4.html

MS4 Permit RequirementsMS4 Permit Requirements

Submitted the Stormwater Management Plan with NOI (this is different than a ILR10 NOI)I l t d b M h 2008 t itImplemented by March 2008 – current permit

We are still in Phase II for this permit. Phase III will bring additional changes that have not yet beenbring additional changes that have not yet been defined.

Must evaluate program and submit reports:Annual reports by June 1Keep relevant records for at least 3 yearsMake available to an inspector and the public

MS4 permit textMS4 permit text

Minimal control measuresMinimal control measures 4 & 5 reference ILR10 permit

Applicable construction sites within MS4 boundaries must followboundaries must follow NPDES permit No. ILR10 BMP’s must be at least as restrictive as the most updated Illinois Urban ManualManual.

ILR10 permit referred within the MS4 itpermit

Municipalities need to be very familiarMunicipalities need to be very familiar with the requirements of the NPDES

ILR10 permitILR10 permit

Required Paperwork for ILR10 permitted sites:Required Paperwork for ILR10 permitted sites:

Notice of Intent (NOI) – different than the MS4 ( )NOI form

SWPPP – Storm Water Pollution Prevention PlanMade available to Sub-ContractorsAll required sections are presentAll required sections are present

• (see ILR10 permit part IV or www.epa.state.il.us)Contractor Certification Statement is signed

The NOI & SWPPP must be completed and onsite BEFORE start of constructiononsite BEFORE start of construction.

Permit Change - Filing your Notice of I t t (NOI)Intent (NOI)

To receive authorization under this general permit, a discharger must submit a completed Notice of Intent (NOI) in accordance with Part VI.G (Signatory Requirements) and the requirements of this Part in sufficient time to allow a 30 day review period after the

i t f th NOI b th A d th t t f t ti Threceipt of the NOI by the Agency and the start of construction. The completed NOI may be submitted electronically to the following email address:

www.epa.constilr10@illinois.gov

Discharges that were previously covered by a valid General NPDESDischarges that were previously covered by a valid General NPDES Permit for Storm Water Discharges from Construction Site Activities are automatically covered by this permit.

Permit Change - NOI submittal periodPermit Change NOI submittal period

Part II A 1 - has been revised to clarify thePart II.A.1 has been revised to clarify the need to submit the NOI in sufficient time to allow a 30 day period after receipt of theallow a 30 day period after receipt of the NOI and the start of construction

Stormwater Pollution Prevent Plan -SWPPP t i

1 T t

SWPPP contains:

1. Text- Taken from ILR10

2. Site Plan- Keep Updated

SWPPP TextSWPPP TextSite Specific Information is NeededAll required sections must be present:

Site Description, Controls, Stabilization P ti C t ti P ti St W tPractices, Construction Practices, Storm Water Management, Other ControlsLocal requirements are metLocal requirements are metMaintenance, Inspections, Non-Stormwater Discharges

• (see ILR10 permit part IV or www.epa.state.il.us)

Contractor Certification Statement is present and signed

Permit Change - Electronic submission of SWPPP

P t II C 7 h b i d t i l dPart II.C.7 - has been revised to include electronic submission of the Storm Water P ll ti P ti Pl t th A tPollution Prevention Plan to the Agency at the following email address:

epa.constilr10swppp@illinois.gov

Pre-Construction ChecklistPre Construction Checklist

ILR10 PaperworkDesignated SESC inspector/contactNOI and copy of ILR10 permit ONSITESWPPP ONSITEI ti l ONSITEInspection log ONSITE

Site Inspections - weekly and after .5” rains

These requirements are the same for an MS4 permitted construction site.permitted construction site.

Self Inspection Logs Should Include:

Date of the InspectionInitials of onsite inspectorDates of Major Grading Activitiesj gStatus of SESC practices

Dates of installationDates of maintenance

Outlets and stormwater exit pointsEvidence of Sediment leaving the site?

Inspections must occur every week or afterInspections must occur every week or after every ½’’ rainstorm event (or equivalent snow fall)

Permit Change - Inspector qualificationsPermit Change Inspector qualifications

Part IV D 4 - has been revised to includePart IV.D.4 has been revised to include the qualifications of qualified personnel, such as a Professional Engineer (P E ) asuch as a Professional Engineer (P.E.) a Certified Professional in Erosion and Sediment Control (CPESC) a CertifiedSediment Control (CPESC), a Certified Erosion Sediment and Storm Water Inspector (CESSWI) or otherInspector (CESSWI) or other knowledgeable person.

What should be inspected?- All Erosion and Sediment Control measures

What should be inspected?

shown on the plans- Entry points to stormwater facilities

VS

What should be inspected?- Any areas where impacts can be observed

What should be inspected?

to receiving waters

What should be inspected? –i t i

- Visible erosion or accumulated sediments and

ongoing management issues

potential problem areas

Permit Change – stabilization requirementsPermit Change stabilization requirements

Originally disturbed areas had to be stabilized g yaccording to the “14/21 day rule.” This has now changed to:

Where the initiation of stabilization measures by the 7th dayafter construction activity temporarily or permanently ceases on a portion of the site is precluded by snow cover, p p ystabilization measures shall be initiated as soon as practicable.

Wh t ti ti it ill ti f th itWhere construction activity will resume on a portion of the site within 14 days from when activities ceased, (e.g. the total time period that construction activity is temporarily ceased is less than 14 days) then stabilization measures do not have to be initiated on that portion of site by the 7th day after construction activity temporarily ceased.

Incidence of Non-Compliance

Sites should report pMAJOR non-compliance issues pwhich have occurred onsite.

IEPA does not usually ION t i iti tuse IONs to initiate

enforcement actions

Permit Change - Electronic submittal of ION’ION’s

Part IV D 4 d - has been revised to allowPart IV.D.4.d has been revised to allow telephone, fax, and email notification of incidences of non-compliance Howeverincidences of non compliance. However, at the present time the Agency requires original signatures on the ION forms sentoriginal signatures on the ION forms sent to the Agency following the e-mail submissionsubmission.

Importance of upholding permit i trequirements

The most common non-point source pollutantsThe most common non point source pollutants in Illinois are nutrients and sediment.Loss of sediment into local streams and riversLoss of sediment into local streams and rivers can cause:

Sediment carries other harmful pollutants like heavy metals p yand toxinsLoss of recreational useH fi h l t d i l th t l l l b diHarm fish, plants and animals that rely on local bodies of waterNutrient loading and depleted Oxygen levelsNutrient loading and depleted Oxygen levels

www epa state il uswww.epa.state.il.us

All forms are available on the websiteAll forms are available on the websiteNotice of Intent (NOI)Notice of Termination (NOT)Notice of Termination (NOT)Incidence of Noncompliance (ION)General Storm Water PermitGeneral Storm Water Permitwww.epa.state.il.us/water/permits/storm-

water/index htmlwater/index.html

Stasi McCrory, CPESCR A l tResource Analyst

2315 Dean Street, Suite 100St. Charles, Illinois 60175

(630) 584 - 7961 ext. 3www.kanedupageswcd.org