Slide 1

NewStormwater NPDES Construction General Permit

Effective August 3, 2011Samir Dumpor, PEDivision of Water Quality11

State - Erosion and Sedimentation Control PlanFederal Clean Water Act NCG01 Construction Gen. Permit (Since 1995) 2The NPDES stormwater general permit for construction, or the NCG01, did not require anything additional until about 10 or 12 years ago when the NCG01 included a rain guage and the affected project size was dropped from five acres to one arce.2NCG01 Permit Conditions Weekly inspections/ Records Rain gauge on site Report mud in streams3 Comply with E&SC permit Old NCG013How Did We Get to ELGs for Construction Activities? 2006 Court ruled that EPA must promulgate ELGs for the construction industry by December of 2009ELGs published December 1, 2009 EPA was sued by environmental groups10 + yearsNew!44

EFFLUENT LIMITATIONSGUIDELINES (ELG) 5New!The federal regulations were a result of litigations that mandated construction activities over a certain size must contain additional specs that would result in reduced wastes and sediment loading. In December 2009, EPA published the effluent limitations guidelines ELGs that contained requirements for the control of stormwater discharges from constructions sites. The ELGs became effective on February 1, 2010. Must be implemented in the next issuance of the Construction General Permit.ELGs - Technology-based standards for control of wastewater and stormwater discharges from various categories of industry 5

Court said that the quality of these discharges must be controlled.66

7FINAL PERMIT

No Discharge Monitoring No Turbidity Limit88FINAL PERMIT

No Discharge Monitoring No Turbidity LimitFive-year Permit99What Does Permit Require?Quicker Ground StabilizationSteep slopes + perimeter areas stabilized in 7 days. Remainder of site stabilized in 14 days.1010

August 4, 200911GROUND COVER HERE = 7 DAYSThere is a need to change the mindset of developers from put in a bmp and were safe to stop the runoff. 11

August 4, 200912GROUND COVER HERE = 7 DAYSThere is a need to change the mindset of developers from put in a bmp and were safe to stop the runoff. 12

August 4, 200913GROUND COVER HERE = 7 DAYSGROUND COVER HERE = 14 DAYSThere is a need to change the mindset of developers from put in a bmp and were safe to stop the runoff. 13GROUND COVER WITHIN 14 DAYS-except-All perimeter slopes, swells & ditches = 7 days

All slopes > 3:1 = 7 days except 10 or less = 14 daysAll slopes > 50 = 7 daysexcept flatter than 4:1 = 14 days1414

Reliance on Erosion ControlRely on Downstream Sediment ControlOR1515

Sediment basins1616

Sediment control deviceRELIANCE ON SEDIMENT CONTROL17Contractor here chose to allow the sediment controls to protect our streams rather than erosion control. In these clay soils, the drop inlet protection will not settle the soils to significantly reduce turbidity. 17

When used, ground cover works.18RELIANCE ON EROSION CONTROLThe erosion control device, temporary ground cover, works18

Timely application of temporary ground cover can drastically reduce sediment discharge.80-90%1919

Nearly Clear Effluent2020MANY STATES FOCUS ON TEMPORARY GROUND COVERFLORIDAStabilization measures shall be initiated as soon as practicable, but in no case more than 7 days where construction activities have temporarily or permanently ceased.21FLORIDA SAID TO FOLLOW THE ELGS WOULD BE A RELAXATION FROM THEIR EXISTING REQUIREMENTS.21WisconsinESC plans required for all sites over 4,000 ft3. Temporary or permanent stabilization is required within seven days. Ground cover within 7 days enacted 19 years ago

Maryland

2222King Co. WashingtonTemporary cover shall be installed if an area is to remain un-worked for more than seven days during the dry season or for more than two days during the wet season.2323242. Withdraw water from surface of pond(except when drainage area < 1 acre)USE SKIMMERS ON PONDS

Skimmer deviceAnother requirement of the ELG, which is in the DWQ permit issued on August 3, 2011, is the provision for withdrawing water from the surface of a pond.

3. LOCATION OF STOCK PILES, DEMOLITION DEBRIS, AND OTHER WASTES SOURCES

50 away from streams and storm drains unless no reasonable alternative available

2525Continued Requirements Weekly inspections/ Records Rain gauge on site Normal business hours Report mud in streams2626

27Who will implement new requirements?Most of the site was flat and got stabilized should we allow this adjacent to the stream?27

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Delegated Local Governments28Local governments will instruct plan developers that: Plans must show areas where 7-day and 14-day ground cover applies. Plans must show locations of ponds with > 1 acre drainage area.292930If plan does not include: 14-day stabilization areas 7-day stabilization areas Basins with >one acre drainage areasYou DO NOT HAVE COVERAGE UNDER THE NPDES CONSTRUCTION STORMWATER GENERAL PERMIT and you are not allowed to discharge stormwater from the construction site.30

WHO WILL ENFORCE?I dont know why they would leave these slopes bare after I had called to ask them to fix them, they did but within a few weeks, they regraded it.31

WHO WILL ENFORCE?BMP failure?I dont know why they would leave these slopes bare after I had called to ask them to fix them, they did but within a few weeks, they regraded it.32

BMP failure?Delegated Local Government

WHO WILL ENFORCE?I dont know why they would leave these slopes bare after I had called to ask them to fix them, they did but within a few weeks, they regraded it.33

No 7-day stabilizationNo 14-day stabilizationI dont know why they would leave these slopes bare after I had called to ask them to fix them, they did but within a few weeks, they regraded it.34

No 7-day stabilizationNo 14-day stabilization

Regional StaffI dont know why they would leave these slopes bare after I had called to ask them to fix them, they did but within a few weeks, they regraded it.35

BMP failure?

BMP failure?

Delegated Local Government

38And settling in this stream what it used to look like is not the best place for it to settle. Were all here today to learn how to get mud to settle in more appropriate places. This stream probably received 40-50 tons of sediment.

Regional StaffWater Quality Violation

Go to DWQ Home Page DWQ Hot TopicsNEW Construction General Permit

Samir Dumpor252-948-3959Samir.Dumpor@ncdenr.gov41 http://portal.ncdenr.org/web/wq/ws/su/npdessw

Questions?4242