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Home My WebLink AboutStormwaterFINA\... Storm Water Management Program Prepared in accordance with TPDES General Permit TXR040000 CITY OF COLLEGE STATION January 2008 Table of Contents Acronyms ................................................................................................................... . Definitions .................................................................................................................. . Introduction.................................................................................................................. 1 Regulatory Requirement... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Storm Water Management Program .............................................................................. 1 Program Overview........................................................................................................ 2 Background Information for the City of College Station..................................................... 2 Historical City Storm Water Management... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Management Program Development Process... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Public Review of the Storm Water Management Program................................................. 2 Environmental I Compliance Calendar.............................................................................. 2 Annual Report .............................................................................. ·................................ 3 MCM 1. Public Education and Outreach............................................................................ 4 MCM 2. Public Involvement and Participation..................................................................... 6 MCM 3. Illicit Discharge Detection and Elimination ............................................................... 8 MCM 4. Construction Site Storm Water Runoff Control......................................................... 12 MCM 5. Post-Construction Management in New Development and Redevelopment................... 15 MCM 6. Pollution Prevention/Good Housekeeping for Municipal Operations.............................. 17 -' Acronyms BMP BMPs CFR EPA MCM MS4 NPDES SWMP TCEQ TPDES Best Management Practice Best Management Practices Code of Federal Regulations Environmental Protection Agency Minimum Control Measure Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Storm Water Management Program Texas Commission on Environmental Quality Texas Pollutant Discharge Elimination System Definitions Best Management Practices (BMPs) -Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Clean Water Act -The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub . L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq. Common Plan of Development or Sale -A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development or sale is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities. Construction Community -Construction community means local contractors, developers, engineers, and architects. C~mstruction Site Operator -The person or persons associated with a small or large construction project that meets either of the following two criteria: (a) the person or persons that have operational control over construction plans and specifications (including approval of revisions) to the extent necessary to meet the requirements and conditions of this general permit; or (b) the person or persons that have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). Conveyance -Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features designed or used for flood control or to otherwise transport storm water runoff. , . Discharge -When used without a qualifier, refers to the discharge of storm water runoff or certain non-storm water discharges as allowed under the authorization of this general permit. Illicit Connection -Any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge -Any discharge to a municipal separate storm sewer that is not entirely composed of storm water, except discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire fighting activities. Industrial Activities -manufacturing, processing, material storage, and waste material disposal areas (and similar areas where storm water can contact industrial pollutants related to the industrial activity) at an industrial facility described by the TPDES Multi Sector General Permit, TXR050000, or by another TCEQ or TPDES permit. Large Construction Activity -Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Large construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities. MS4 Operator -For the purpose of this permit, the public entity, and/ or the entity contracted by the public entity, responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. Outfall -For the purpose of this permit, a point source at the point where a municipal separate storm sewer discharges to waters of the United States (U .S.) and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. Permittee -The MS4 operator authorized under this General Permit No. TXR040000 . Point Source -(from 40 CFR 122.22) any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant(s) of Concern -Include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from an MS4. (Definition from 40 CFR' 122.32(e)(3)). Redevelopment -Alterations of a property that changed the "footprint" of a site or building in such a way that there is a disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling . Small Construction Activity -Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one ( 1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is ii performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities. Small Municipal Separate Storm Sewer System (MS4) -refers to a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by the United States, a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under' 208 of the CWA; (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; (iv) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2; and (v) Which was not previously authorized under a NPDES or TPDES individual permit as a medium or large municipal separate storm sewer system, as defined at 40 CFR 122.26(b)(4) and {b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to an MS4 that is also operated by that public entity. Storm Water and Storm Water Runoff -Rainfall runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity -Storm water runoff from an area where there is either a large construction activity or a small construction activity. Storm Water Management Program (SWMP) -A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. Structural Control (or Practice) -A pollution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to: wet ponds, bio-retention, infiltration basins, storm water wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Urbanized Area (UA) -An area of high population density that may include multiple MS4s as defined and used by the U.S. Census Bureau in the 2000 decennial census. Waters of the United States -(from 40 CFR 122.2) Waters of the United States or waters of the U.S. means: (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams}, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes; iii (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) the territorial sea; and (g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11 (m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. iv Introduction Regulatory Requirement The Clean Water Act is a law enacted by Congress and signed by the President that establishes environmental programs, including the NPDES program, to protect the Nation's waters and directs the U.S. Environmental Protection Agency (EPA) to issue rules on how to implement this law. Under the NPDES program, a municipal storm water program was developed in two phases. Phase I of the EPA municipal storm water program was promulgated in 1990 under the authority of the Clean Water Act. Phase I relied on the National Pollutant Discharge Elimination System (NPDES) permit coverage to address storm water runoff from medium and large municipal separate storm sewer systems (MS4s), serving populations of 100,000 and greater. The Storm Water Phase II rule, promulgated December 8, 1999 to the Texas Commission on Environmental Quality (TCEQ), was the next step in the EPA's efforts to preserve, protect, and improve the nation's water resources from polluted storm water runoff. TCEQ issued the Texas Pollution Discharge Elimination System General Permit TXR040000 on August 131h, 2007. The General Permit requires small Municipal Separate Storm Sewer System (MS4) operators in urbanized areas, including the City of College Station, to implement programs and practices to control polluted storm water runoff. This program requires that the City of College Station: )P> reduces the discharge of pollutants to the maximum extent practicable (MEP); ~ protects water quality; ~ satisfies the appropriate water quality requirements of the Clean Water Act; and ~ manages storm water quality activities through the Storm Water Management Program (SWMP). Storm Water Management Program The City of College Station has developed the SWMP in accordance with the requirements of the TPDES General Permit TXR040000 for obtaining authorization for storm water discharges and certain non-storm water discharges. The SWMP has been developed to facilitate the City's efforts in reducing storm water pollutants from the City's MS4 to the maximum extent practicable as required by the TPDES General Permit. The City of College Station is required to develop a SWMP that describes specific actions that will be taken over a five-year period to reduce pollutants and protect the City's storm water quality to the maximum extent practicable. The specific activities to be implemented are best management practices (BMPs). The SWMP must also set measurable goals and provide a schedule for the implementation of the BMPs. Various BMPs must be developed for each of the six minimum control measures (MCMs) that are required by the Phase II Rules. These six MCMs are: ~ Public Education and Outreach on Storm Water Impacts; ~ Public Participation and Involvement; ~ Illicit Discharge Detection and Elimination; ~ Construction Site Runoff Control; ~ Post-Construction Runoff Control; and ~ Pollution Prevention and Good Housekeeping. 1 Program Overview Background Information for the City of College Station The City of College Station is located in the College Station-Bryan urbanized area. Incorporated as the City of College Station in 1938, the community was first recognized by the U.S. Postal Service as "College Station, Texas" in 1877. The community covers 47.2 square miles of area and had a population estimated at 86,982 in 2007. There are approximately 32 stream miles in College Station draining to two major water bodies: Carters Creek, and the Brazos River. Carters Creek which runs along the east side of the City to the Navasota River. Burton Creek, Wolf Pen Creek, Bee Creek, Lick Creek, and Alum Creek drain into Carters Creek. White Creek is located on the west side of the City and drains into the Brazos River. Historical City Storm Water Management The City Engineering Division of the Public Works Department oversees and inspects the infrastructure construction of new development and redevelopment. The division ensures the effectiveness of erosion control measures during development and redevelopment through permitting. The division also encourages the preservation of natural channels and requires drainage easements, including implementing flood control measures in the 100-year floodplain. The Water Services Department supports the industrial wastewater pretreatment program and addresses other sanitary sewer issues through ordinances, an inspection program, monitoring, and citizen involvement. Management Program Development Process In preparing the Storm Water Management Program, the City of College Station's Public Works Department has conducted meetings with key city personnel to discuss the different activities that might have storm water impacts. Some of the functions that have been identified as having a potential impact have included streets and drainage services, equipment maintenance services, landfill, code enforcement, police, fire, parks and recreation, engineering, and building inspections. Public Review of the Storm Water Management Program In accordance with the general permit TXR040000, Part II, Section D, Number 12(c)(6), the SWMP will be available for review at the City Engineers Office, located at 1101 Texas Avenue, College Station, Texas 77842. In accordance with the general permit TXR040000, Part IV, Section A, the City of College Station will retain all records, a copy of the TPDES general permit, and records of all data used to complete the application for the general permit and make this information available to the public if requested to do so in writing. Environmental I Compliance Calendar Fiscal Year Calendar Year Annual Report Due Date 1 Auaust 13 2007 to August 12 2008 November 11, 2008 2 Auaust 13, 2008 to Auaust 12, 2009 November 11 , 2009 3 Auaust 13, 2009 to August 12, 2010 November 11 , 201 O 4 Auaust 13, 201 O to August 12, 2011 November 11 , 2011 5 Auaust 13, 2011 to Auaust 12, 2012 November 11 , 2012 2 Act.01~ 4o~ Sail 5~. f-k pu,rvkf<-l#llbdr A1-J_ S'~ Annual Report The City of College Station will track all BMP activities, results, and changes to the SWMP through an annual report that will be submitted to the TCEQ within 90 days of the end of each permit year, as tabulated below. The annual report will include all factors required by the general permit, including the status of the compliance with permit conditions assessments of BMPs and any changes to the SWMP, as assessed to keep the City of College Station in compliance with the general permit conditions. The annual is submitted to the address below or may be filed electronically: Texas Commission on Environmental Quality Storm Water & Pretreatment Team; MC -148 P.O. Box 13087 Austin, Texas 78711-3087 Main Objectives: ~ A clear and concise report of the previous permit year activities as described in the Annual Report Items listed below. Responsibility: · City Engineering Division Water Services Department Greenway Manger Public Communication Department Drainage Maintenance Division Capital Improvement Project Department Annual Report Items: ,----------- -------- - ------ --------------------------------- Item Item Description ---------------- ------- ---- The status of the compliance with permit conditions, an assessment of the appropriateness of the (a) identified BMPs, progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, the measurable goals for each of the MC Ms, and an evaluation of the success of the implementation of the measurable ooals; (b) Status of any additional control measures implemented by the permittee (if applicable); (c) Any MCM activities initiated before permit issuance may be included, under the appropriate headinos, as oart of the first vear's annual report; A summary of the results of information (including monitoring data) collected and analyzed, if any, (d) during the reporting period used to assess the success of them program at reducing the discharge of pollutants to the MEP; (e) A summary of the storm water activities the MS4 operator plans to undertake during the next reporting cycle; (f) Proposed changes to the SWMP, including changes to any BMPs or any identified measurable goals that aoolv to the prooram elements; (g) The number of municipal construction activities authorized under this general permit and the total number of acres disturbed; (h) The number of non-municipal construction activities that occurred within the jurisdiction of the permittee (as noticed to the permittee bv the construction ooerator); and (i) Notice that the MS4 operator is relying on another government entity to satisfy some of its permit oblioations (if applicable). 3 MCM 1 Public Education and Outreach on Storm Water Impacts TPDES General Permit No. TXR040000, Part Ill, A.1 . Public Education and Outreach on Storm Water Impacts "(a) A public education program must be developed and implemented to distribute educational materials to the community or conduct equivalent outreach activities that will be used to inform the public. The MS4 operator may determine the most appropriate sections of the population at which to direct the program. The MS4 operator must consider the following groups and the SWMP shall provide justification for any listed group that is not included in the program: ( 1) residents; (2) visitors; (3) public service employees; (4) businesses; (5) commercial and industrial facilities; and (6) construction site personnel. The outreach must inform the public about the impacts that storm water run-off can have on water quality, hazards associated with illegal discharges and improper disposal of waste, and steps that they can take to reduce pollutants in storm water runoff." "(b) The MS4 operator must document activities conducted and materials used to fulfill this control measure. Documentation shall be detailed enough to demonstrate the amount of resources used to address each group. This documentation shall be retained in the annual reports required in Part IV.B.2. of this general permit." Main Objectives: );> Inform residents, visitors, public service employees, businesses, commercial and industrial facilities, and construction site personnel of steps they can take to improve storm water quality and explain the impacts of non-point source pollution to storm water. );> Educate commercial, industrial, and institutional groups about the impacts of their work on the storm water quality and the steps needed to reduce these effects. );> Address the viewpoints of various groups in the design of the education program. Responsibility: Selected BMPs: 1-1: Utility Bill Inserts ~\1t.~ < 1-2: Flyers 4 Year2 Year 3 Year1 Year2 Year3 ---------------------- --------------- BMP Measurable Goals __________ Ta!get D?te -------------~----- 1-3: Storm Water Develop a list of subjects for inclusion and discussion in the storm Year1 Quality Web-Site water aualitv website. .:P U .• Design and publish the storm water quality website to the internet for Year 2 public access. 1-4: Public Identify appropriate issues to be included in the public service Year 1 Service announcements. -Announcements Develop public service announcements on the selected subjects. Yea r 2 Broadcast public service announcements as local media and radio Year 3 schedules permit. 1-5: Gardening -Develop a list of subjects to be included in public edu~io.n material Year1 and Lawn Care based on local aardenina and lawn care practices. e1 IA Activities . .h!.. Distribute gardening and lawn care public education material in Year 3 ~12.A;toS ~ • . o accordance with the identified schedule. 1-6: Proper Research local and regional opportunities for the public to properly Year2 Disposal of dispose of household hazardous waste. Household Develop an inventory of proper disposal events and opportunities Year 3 Hazardous Waste based on research. Distribute household hazardous waste public education material in accordance with identified inventory of disposal events and Year4 opportunities. 1-7: Impacts of Inquire about existing public education materials prepared by other Year2 Illegal Dumping aaencies. and Littering Distribute illegal dumping and littering public education material in Year 3 accordance with identified schedule. 1-8: Commercial Determine if existing public education materials that focus on pollution Community prevention and commercial activities are available from other Year 2 Educational aaencies. Materials Distribute commercial community public education material in Year3 accordance with identified schedule. 1-9: Classroom Develop a list of age appropriate subjects for inclusion in classroom Year1 Education on educational material. Storm Water Distribute classroom education material in accordance with identified Year 3 schedule and quantities. 1-10: Public Identify construction related subjects for inclusion in construction/new Education on development public education material that focus on local construction Year 2 Construction regulations, public reporting opportunities, and construction and new Activities and development storm water discharge impacts to local water bodies. New Design and publish construction/new development public education Year 3 Development material based on research . Activities Distribute construction/new development public education material in Year4 accordance with identified schedule. 5 MCM 2. Public Involvement I Participation TPDES General Permit No. TXR040000, Part Ill, A 2. Public lnvolvemenUParticipation "The MS4 operator must, at a minimum, comply with any state and local public notice requirements when implementing a public involvemenUparticipation program. It is recommended that the program include provisions to allow all members of the public within the small MS4 the opportunity to participate in SWMP development and implementation. Correctional facilities will not be required to implement this MCM." Main Objectives: ~ Comply with any State and local public notice requirements when implementing a public involvemenUparticipation program. ~ Include the public at large in the development, implementation, and review of the storm water management program. Responsibility: Selected BMPs: ' ---------- - BMP -------- 2-1: SWMP Committee 2-2: Adopt-A- Stream Program 2-3: Adopt-A- Street Program 2-4: Storm Drain Stenciling Drainage Maintenance Division Water Services Department City Engineering Division Greenway Manger Public Communication Department ----------------------- Measurable Goals ------------- - --------- ------- Invite and appoint members of the public, design, construction and development communities, MS4 personnel, and other persons - affected by the various BMPs to oarticioate on the SWMP Committee. Conduct SWMP Committee meetings in accordance with the identified schedule. Publish Committee meetinq minutes for public comments. Identify local public organizations or businesses that may be interested in participating in the Adopt-A-Stream program. Designate Adopt-A-Stream coordinators and contacts for interested public groups that would like to participate in Adopt-A-Stream proqram. Form adoption agreements with local public social groups and businesses to allow for volunteer stream cleanups. -------- __ _Jarg_et _D~~e Year 3 Year 3 Year3 Year2 Year2 Year4 Provide adequate safety and disposal resources to volunteer groups at Year4 each Adoot-A-Stream scheduled cleaning. Identify target streets, or street segments, to be included in the Adopt-Year 2 A-Street proqram. Invite identified groups to participate in the Adopt-A-Street oroqram. Year3 Form adoption agreements with groups willing to participate in the Year4 Adopt-A-Street proaram. Identify target areas or streets to be included in the storm drain-Year2 stencilinq proqram. Develop slogans, logos, and/or text for stenciling storm water inlet Year3 structures. Invite targeted groups to participate in the storm drain-stenciling Year4 proqram. 6 - ' --------------------- - ----------- BMP Measurable Goals _Target D_C!te - ------------------- 2-5: Volunteer Identify outfalls or areas that are safe for volunteer monitoring groups Year2 Monitoring to conduct storm water monitoring or dry weather screening. Develop guidelines for conducting volunteer monitoring in identified Year3 areas. Invite identified groups to participate in the volunteer monitoring Year4 program. 2-6: Community Identify phone number(s) and contact person(s) that should receive Hotlines reports on storm water quality issues through the community hotline Year 2 oroqram. Develop a list of storm water quality problems that could be reported Year 3 by the public through the community hotline program. Distribute community hotline public education material in accordance Year4 with identified schedule. 7 MCM 3. Illicit Discharge Detection and Elimination TPDES General Permit No. TXR04000, Part Ill, A 3. Illicit Discharge Detection and Elimination "(a) Illicit Discharges A section within the SWMP must be developed to establish a program to detect and eliminate illicit discharges to the small MS4. The SWMP must include the manner and process to be used to effectively prohibit illicit discharges. To the extent allowable under state and local law, an ordinance or other regulatory mechanism must be utilized to prohibit and eliminate illicit discharges. Elements must include: ( 1) Detection The SWMP must list the techniques used for detecting illicit discharges; and (2) Elimination The SWMP must include appropriate actions and, to the extent allowable under state and local law, establish enforcement procedures for removing the source of an illicit discharge." "(b) Allowable Non-Storm Water Discharges Non-storm water flows listed in Part 11.B and Part Vl.B. do not need to be considered by the MS4 operator as an illicit discharge requiring elimination unless the operator of the small MS4 or the executive director identifies the flow as a significant source of pollutants to the small MS4. In lieu of considering non-storm water sources on a case-by-case basis, the MS4 operator may develop a list of common and incidental non-storm water discharges that will not be addressed as illicit discharges requiring elimination. If developed, the listed sources must not be reasonably expected to be significant sources of pollutants either because of the nature of the discharge or the conditions that are established by the MS4 operator prior to accepting the discharge to the small MS4. If this list is developed, then all local controls and conditions established for these listed discharges must be described in the SWMP and any changes to the SWMP must be included in the annual report described in Part IV. 8.2. of this general permit, and must meet the requirements of Part 11.D.3. of the general permit." "(c) Storm Sewer Map (1) A map of the storm sewer system must be developed and must include the following: (i) the location of all outfalls; (ii) the names and locations of all waters of the U.S. that receive discharges from the outfalls; and (iii) any additional information needed by the permittee to implement its SWMP. (2) The SWMP must include the source of information used to develop the storm sewer map, including how the outfalls are verified and how the map will be regularly updated." Main Objectives: ~ Develop a comprehensive map of the storm sewer system. ~ Develop a program for the detection and tracking of illicit discharges. ~ Develop an ordinance that will effectively eliminate illicit discharges. Responsibility: Water Services Department Drainage Maintenance Division Greenways Manager Public Communication Department 8 Selected BMPs: r ------------------------------------ BMP Measurable Goals _la!get pat~ ---------------------------- 3-1: Illicit Research existing laws, ordinances, and ot~r legal power~ that . Year 1 Discharge Legal prohibit specific types of illicit discharges. · t'-{..d-<.d"-~ ee, ~ ,+ · Authority (J-Develop supplemental legal authority that prohibits all illlcit discharges u~v-t.> of non-storm water to the City's storm water system based on Year2 . research of existing legal mechanisms . ;ti'~ Develop illicit discharge workshop topics for educating the public and commercial community on the prohibition of non-storm water Year3 discharges to the City's storm water system. Conduct illicit discharge workshops in accordance with the identified Year4 schedule. 3-2: Maintain the ~ Develop a map of the City's storm water system including receiving \:)rf1' City's Storm streams, storm water outfalls, permit coverage area, and any other Year 1 Water System information that may be reauired by the TCEQ. and Outfall Develop a method for updating the storm water system map with new Year 2 Inventory drainage structures and outfalls. Develop procedures for including new outfalls found in the field while Year3 conducting the outfall screening programs. Develop a training program for personnel that will be responsible for Year3 storm water map maintenance. Conduct training programs for screening personnel and program review personnel on proper procedures for updating the storm water Year4 map and outfall inventory. Identify new outfalls and drainage structures during the review of Year 5 () development and construction plans. 1 3-3: MS4 Outfall Develop a systematic outfall screening schedule to ensure the Screening screening of the entire storm water system within the 5 year permit Year 1 term (Typically the schedule will consist of the screening of20% of the outfalls per year for the 5 year term). • Complete screening of 20% of the storm water outfalls that discharge Year 1 to the storm water system in accordance with the identified schedule. Investigate outfall drainage systems that are identified as having non- storm water discharges and eliminate illicit discharges according to Year 2 City storm water regulations. Complete screening of 40% of the storm water outfalls that discharge Year 2 to the storm water system in accordance with the identified schedule. Complete screening of 60% of the storm water outfalls that discharge Year 3 to the storm water system in accordance with the identified schedule. Complete screening of 80% of the storm water outfalls that discharge Year4 to the storm water system in accordance with the identified schedule. Complete screening of 100% of the storm water outfalls that discharge Year 5 to the storm water system in accordance with the identified schedule. 3-4: Storm Water Identify local facilities that have a high probability of discharging Year 2 Hot Spots pollutants to the storm water system (storm water hot soots). Develop a local inventory of the identified facilities including name, Year2 location, and owner information. Develop a list of potential pollutants of concern for each type of facility. Year 2 Contact state and federal regulatory agencies and local Phase I communities to determine if storm water quality public education Year3 materials may be available for distribution to these types of facilities. Develop a hot spot facility public education material distribution Year 3 schedule. Develop, or acquire, hot spot facility public education material to Year4 distribute to the identified facilities. Distribute hot spot facility public education material in accordance with Year 5 the identified schedule. 9 3-6: Illicit Discharge Hotline Conduct training for identified personnel in accordance with the identified schedule. Conduct training for any new personnel that may be involved with the detection, identification, and re ortin of illicit dischar es. Develop or identify a hotline P.hone number for the reporting of £Us otential illicit dischar es b the ublic. cod.a..~.(;~ .3i°'7 Develop a list of locally occurring non-?torm water discharges that may be observed b the ublic. DO'h,.lv.....L. evelop an illicit discharge hotline public education material distribution schedule. Develop internal reporting forms to track reported discharges, investigation of public reports, and corrective actions associated with the elimination of illicit dischar es re orted b the ublic. Develop illicit discharge public education material for distribution to inform the public of the hotline and types of potential discharges to re ort. Conduct investigations of reports made by the public if the reports are valid and are not current! under investi ation. Distribute illicit discharge public education material in accordance with the identified schedule. Year2 Year3 Year4 Year1 Year1 Year2 Year3 Year3 Year4 Year4 Years 3-7: lnteragency Determine if interagency agreements are necessary to eliminate illicit Agreements~ i--d_is_ch_a_r_e_s _th_a_t.,..m_a~o_r~i ~in_a_t_e_o_u_ts_id_e_of_t_h_e_C_it~'s~·~u_ris_d_ic_t_io_n_. ---11----___,r-P~\~A~"'~Y_e_ar_1 ----1 ~~~ Develop a list of local agencies that may need to be involved in the Year 2 t_Jr illicit dischar e elimination rocess. Contact the agency(s) and identify potential roles of the agency(s) in assistin the Cit in eliminatin illicit dischar es. Develop interagency agreement(s) that address issues such as information transfer between agencies, agency roles, reporting procedures, corrective action time lines, and agreement amending rocedures. Conduct periodic interagency meetings as necessary to maintain a reement res onsibilities and make an a ro riate chan es. 3-8: Elimination Develop a list of locations or areas that are known to have septic Year2 Year3 Year4 Year1 of Septic System ~that could potentially discharge to the City's storm water and Gray Water /i-::..s L.:s:..:.te::.:.m.:..:.·:.__ _____ w_·,,_\1-'-~-=---~'----"=l""-!_"--+--"!Nl.-"--'='-'-~=----~~-=.::c=-'-----+---------1 Discharges t..>I!'-Identify storm water outfalls and receiving streams that may receive v.oY ~\.' illicit dischar es from se tics stems. 'A(( • s. ~ . Train City inspection and outfall screening personnel on the \,c.~~{, op~._ identification of septic system discharge locations and internal tracking ..,. \jJ~~ and re ortin mechanisms. Research economical options for owners to eliminate illicit septic s stem dischar es. Coordinate the identification of septic system and/or gray water dischar es with the outfall screenin ro ram. Require property owner elimination of septic system and/or gray water dischar es accordin to Cit storm water re ulations. 10 Year1 Year 2 Year3 Year4 Year 5 --------------------------~------ BMP Measurable Goals ____ Target Date -------- - ----- ------ 3-9: Sanitary Develop and maintain a sanitary sewer system map of the area within Year 1 Sewer Leak the City's reaulated boundaries. \~ 1~ SU\/l tes Elimination Train inspection and outfall screening personnel on the identification, Year2 trackinQ, and reportinQ of sanitary sewer system leaks. Develop internal procedures for tracing sanitary sewer leaks (i.e. smoke or dye testing of sanitary sewer lines, video inspection, or Year3 manhole to manhole investiQation procedures). Coordinate the identification of sanitary sewer system leaks with the Year4 screeninQ and inspection program. Conduct necessary sewer system repairs to eliminate sanitary sewer Years leaks that discharoe to the storm water system. 3-10: Runoff Identify specific types of pollutants that may be mobilized by sto.!'!1 _k_ ..... Year1 Pollutant water runoff and be discharoed to the storm water system. -: Controls Develop a list of facilities that are likely to contribute these types of Year2 pollutants to the storm water system. Develop guidance and public education materials that focus on the Year 3 importance of runoff storm water pollutant control. Distribute public education material to the targeted facilities on the Year4 prevention of runoff type pollutants. Conduct perimeter investigations of identified facilities to ensure Year4 conformance to ouidance standards. Conduct or require appropriate field and/or laboratory testing of storm water from facilities identified as potentially contributing runoff Years pollutants to the storm water system. 3-11: Leaking Identify facilities within the City's jurisdiction that own and operate Year2 Above and Below large above or below ground storage tanks. Ground Storage Develop educational materials for storage tank owners describing Tanks where owners may obtain EPA or State Spill Prevention Control and Year3 Countermeasures Plan (SPCC Plan) information. Distribute storage tank educational material in accordance with the Year4 identified schedule. 3-12: Sanitary Develop and maintain a sanitaFy sewerl-~m map of the area within Year1 Sewer System the regulated City's boundaries. j Overflows Develop procedures for the investigation, identification, and reporting Year2 of sanitary sewer system overflows. Develop public education material on the reporting of sanitary sewer Year2 system overflows. Distribute public education material in accordance with the identified Year3 schedule. Investigate locations of reported sanitary sewer system overflows Year3 reported by the public. Properly document and report the location and characteristics of each Year4 sanitary sewer system overflow detected to the TCEQ (if aoolicable). Conduct sewer system studies necessary to determine appropriate Years elimination oroiect(s), schedule(s), and budoet(s). Develop a master plan schedule for projects designed to eliminate Years sanitary sewer system overflows. 11 MCM 4. Construction Site Storm Water Runoff Control TPDES General Permit No. TXR040000, Part Ill A. 4. Construction Site Storm Water Runoff Control The MS4 operator, to the extent allowable under State and local law, must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to the small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre or if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more of land. The MS4 operator is not required to develop, implement, and/or enforce a program to reduce pollutant discharges from sites where the construction site operator has obtained a waiver from permit requirements under NPDES or TPDES construction permitting requirements based on a low potential for erosion. (a) The program must include the development and implementation of, at a minimum, an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under state and local law. (b) Requirements for construction site contractors to, at a minimum: (1) implement appropriate erosion and sediment control BMPs; and (2) control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. (c) The MS4 operator must develop procedures for: ( 1) site plan review which incorporate consideration of potential water quality impacts; (2) receipt and consideration of information submitted by the public; and (3) site inspection and enforcement of control measures to the extent allowable under state and local law. Construction: ~ Have an ordinance or other regulatory mechanism requiring the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites. ~ Have procedures for site plan review of construction plans that consider potential water quality impacts. ~ Have procedures for site inspection and enforcement of control measures. ~ Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanisms). ~ Establish procedures for the receipt and consideration of information submitted by the public. Responsibility: City Engineering Division Capital Improvement Project Department Public Communication Department 12 Selected BMPs: r-------------------------------------- - - BMP Measurable Goals ______ _!~!get Qate ----------------------- 4-1 : Construction Identify any unique construction related storm water quality issues that Year1 Legal Authority may require regulation. nnn~\t / Pil~ IO\""'~ · ..... ~ ri.llJ . Research existing legal authority available for the regulation of Year2 construction site operators. Develop supplemental legal authority, through ordinance, order, or Year2 other policy related powers, to regulate construction site runoff. Develop draft regulations and educational materials necessary to inform the local construction community about the local construction Year 3 storm water regulations. Develop guidelines and regulatory issues necessary to control storm Year3 water runoff from construction sites. Provide the local construction community an opportunity to comment Year 3 on the draft regulations. Develop the final version of the local construction storm water Year4 regulations. Provide notification to the local construction community of the final Year4 construction storm water regulations. Enforce the regulations as appropriate to regulate storm water Years discharges from construction sites. 4-2: Construction Develop a list of items to incorporate in the inspection of construction Inspection sites based on the final construction storm water regulations and Procedures include the following categories: Use of temporary erosion controls; control of other construction related wastes; Operational and general Year 2 prohibition; Site closure and stabilization requirements; On-site documentation and records; Enforcement actions and on-site communication issues. Develop draft inspection forms and procedures necessary to inspect construction sites in order to ensure compliance with construction Year3 storm water regulations. Provide the construction community with an opportunity to comment Year3 on draft inspection documents and procedures. Review comments from the local construction community, and prepare responses and modifications to the inspection procedures if Year 3 applicable. Develop the final version of the construction inspection forms and Year4 procedures. Provide notification to the local construction community of the final Year4 inspection procedures. 4-3: Construction Develop a process to obtain construction plans for review to determine Year 3 Plans Review compliance with construction storm water regulations. Develop internal tracking and plan review procedures to cover the following issue: Conformance to local storm water regulations; Year3 appropriate use of temporary erosion controls; Inclusion of any required local, state, and/or federal storm water permit documents. Educate the construction community on the construction plans review Year4 process. Implement the construction plans review procedures for construction Year S sites. Notify the owners of construction plans when deficiencies are found in Years the plans during the review process. Maintain records of plans reviewed and approved for construction Years under this program. Annually report on the number of plans reviewed, approved and Years rejected under the plans review program. 13 -- - -------------------- --------- -------- BMP Measurable Goals ________ _"Target pate - - - -- - - - - - ---- 4-4: Construction Train City inspection personnel on construction storm water Year 4 Site Inspection requlations and inspection procedures. Inspect qualifying construction sites using appropriate inspection procedures and forms to ensure compliance with City storm water Year S regulations. Issue enforcement actions to owners and operators of construction sites that are not in compliance with the City's construction storm Year S water requlations. 4-5: Construction Develop educational materials (brochures, guidance documents, and Community presentational materials) for informing the construction community Year4 Education about the City's construction storm water regulations. Develop educational materials designed to inform the construction community on applicable local, state, and federal construction storm Year 4 water requlations. Distribute educational materials to construction site owners and operators that require state and/or federal construction storm water Year4 permits as determined in the plans review process. Annually review educational materials to incorporated program changes and to ensure clarity and consistency with local construction Year S storm water regulations. Distribute I redistribute educational materials on the City's construction Year S storm water requlations as the proqram chanqes. Develop and maintain a contact list of individuals included in the Year S construction community. 4-6: City Owned Review City owned construction project, planning, and design criteria Construction to determine changes needed to comply with local, state, and/or Year4 Sites federal construction storm water requlations. Prepare and distribute construction design and permitting guidelines Year4 for the construction community and involved City personnel. Develop documents required for obtaining state and/or federal construction storm water permits applicable to City owned and Year 4 operated construction sites. Submit required documents in order to obtain permit coverage for City owned and operated projects and comply with applicable state and/or Year S federal construction storm water provisions. Maintain compliance records for City owned and operated construction Years sites requiring state and /or federal construction storm water permits. Annually report on the number of City owned and operated construction projects permitted under state and federal construction Year S storm water requlations and the total number of acres disturbed. 4-7: Construction Develop educational material instructing the public in procedures fo r Related Public reporting to the City construction sites with potential storm water Year4 Reporting quality problems or local construction storm water regulation violations. Develop an internal tracking system to accept and issue Year4 acknowledgements of receipt of information reported by the public. Distribute construction related public reporting educational material in Year4 accordance with the identified schedule. Conduct on-site investigations of those sites reported by the public which warrant investigation according to the best judgment of the City Years personnel. . 14 MCM 5. Post-Construction Management in New Development and Redevelopment TPDES General Permit No. TXR040000, Part Ill, A. 5. Post-Construction Storm Water Management in New Development and Redevelopment To the extent allowable under state and local law, the MS4 operator must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale that will result in disturbance of one or more acres, that discharge into the small MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts. The permittee shall: (a) Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for the community; · (b) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under state and local law; and (c) Ensure adequate long-term operation and maintenance of BMPs. Main Objectives: ~ Develop and implement strategies which include a combination of structural and/or nonstructural BMPs. ~ Have an ordinance or other regulatory mechanism requiring the implementation of post- construction runoff controls to the extent allowable under State, or local laws. ~ Ensure adequate long-term operation and maintenance of controls. Responsibility: City Engineering Division Selected BMPs: ------------------------------------------------------ BMP Measurable Goals T C!!9~~_!)_ate _ ' -------------- 5-1: Post-Develop a list of local development and post-development storm water Construction quality related issues that require City regulation; to include structural Year2 Runoff Legal and non-structural BMPs, to ensure long-term operation and Authority maintenance. Develop guidelines detailing each of the identified development and post-development storm water quality related issues; to include Year 3 structural and non-structural BMPs, to ensure long-term operation and maintenance. Develop draft regulations and educational materials necessary to inform the development community of the proposed post-construction Year3 runoff requlations. Formally adopt the final post-construction runoff regulations in Year4 accordance with all applicable public notification requlations. Enforce the post-construction runoff regulations as appropriate to Year 5 regulate runoff from new and re-development projects. 15 , . --- ------------------------------ BMP Measurable Goals ~_!:g_~~ate ----------------- 5-2: New Develop a process to obtain development construction plans for Development and review to determine compliance with local post-construction runoff Year3 Re-development regulations. Plans Review Develop internal tracking and plan review procedures to ensure Year3 developer feedback and developer appeal. Educate the development community on the City's development plan s Year4 review process. Implement the development plans review process. Years 5-3: Development Develop draft inspection forms and procedures necessary to inspect Project new and re-development projects in order to ensure compliance with Year3 Inspection post-construction runoff regulations and approved plans. Procedures Produce the final version of the City's development project inspection Year 4 forms and procedures. 5-4: New Develop a list of development projects that qualify for inspection under Year4 Development and post-construction runoff regulations. Re-development Train inspection personnel on post-construction runoff regulations and Year4 Project final inspection procedures. Inspection Inspect qualifying development project sites using adopted inspection forms and procedures to ensure conformance with the City's post-Year S construction runoff regulations. Issue enforcement actions to owners or operators of development projects that are not in compliance with post-construction runoff Years regulations. 5-5: City Owned Prepare new and re-development design and permitting guidelines for Year3 New distribution to the local design and engineering community. Development and Distribute new and re-development design and permitting guidelines to Re-development the local design and engineering community in accordance with the Year 3 Projects identified schedule. Conduct the development plans review process for all City owned new Years development and re-development projects. Conduct inspections of City owned development projects in accordance with the same standards as private development project Years inspections. 16 MCM 6. Pollution Prevention/Good Housekeeping for Municipal Operations TPDES General Permit No. TXR040000, Part Ill, A. 6. Pollution Prevention/Good Housekeeping for Municipal Operations A section within the SWMP must be developed to establish an operation and maintenance program, including an employee training component, that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. (a) Good Housekeeping and Best Management Practices (BMPs) Housekeeping measures and BMPs (which may include new or existing structural or non-structural controls) must be identified and either continued or implemented with the goal of preventing or reducing pollutant runoff from municipal operations. Examples of municipal operations and municipally owned areas include, but are not limited to: (1) park and open space maintenance; (2) street, road , or highway maintenance; (3) fleet and building maintenance; (4) storm water system maintenance; (5) new construction and land disturbances; (6) municipal parking lots; (7) vehicle and equipment maintenance and storage yards; (8) waste transfer stations; and (9) salt/sand storage locations. (b) Training A training program must be developed for all employees responsible for municipal operations subject to the pollution prevention/good housekeeping program. The training program must include training materials directed at preventing and reducing storm water pollution from municipal operations. Materials may be developed, or obtained from the EPA, states, or other organizations and sources. Examples or descriptions of training materials being used must be included in the SWMP. (c) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed at a frequency determined by the MS4 operator and consistent with maintaining the effectiveness of the BMP. The SWMP must list all of the following: ( 1) maintenance activities; (2) maintenance schedules; and (3) long-term inspection procedures for controls used to reduce floatables and other pollutants. (d) Disposal of Waste Waste removed from the small MS4 and waste that is collected as a result of maintenance of storm water structural controls must be properly disposed. A section within the SWMP must be developed to include procedures for the proper disposal of waste, including: (1) dredge spoil; (2) accumulated sediments; and (3) floatables. (e) Municipal Operations and Industrial Activities The SWMP must include a list of all: (1) municipal operations that are subject to the operation, maintenance, or training program developed under the conditions of this section; and (2) municipally owned or operated industrial activities that are subject to TPDES industrial storm water regulations. 17 Main Objectives: ):o-Review maintenance activities. ):o-Review maintenance schedules. ):o-Long-term inspection procedures for structural and nonstructural storm water controls to reduce floatables and other pollutants discharged from the separate storm sewer. ):o-Controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations, disposal areas, and waste transfer stations. ):o-Procedures for properly disposing waste removed from the separate storm sewers and areas listed above (such as accumulated sediments, floatables, and other debris). Responsibility: Selected BMPs: 6-2: Parking Lot Sweeping 6-3: Prioritized Litter Collection Public Works Department Drainage Maintenance Division Identify the type of roadway that can be swept to remove sediment and other ollutants from the utters. Implement street sweeping in accordance with the identified schedule. Determine average quantity of material removed per distance unit usin curb or lane miles. Based on average quantities per distance calculations, determine target values based on factors such as equipment specifications, manufacturer's recommendations, and street sweeping budget constraints Data anal sis . Determine average quantity of materials removed per area unit at each location. Determine target average volumes per area based on factors such as equipment specifications, manufacturer's recommendations, and bud et constraints Data anal sis . Develop an inventory of litter collection areas delineated based on dominant land use. Implement prioritized litter collection program based on the preliminary collection schedule. Determine the average quantity of litter collected per area or distance measurement unit. Determine target average quantity of litter collected per area or distance unit based on factors such as bulk litter storage capacities and litter collection bud et constraints Data anal sis . 18 Year3 Year 3 Year3 Year1 Year 3 Year3 Year 3 Year3 Year3 Year 3 Year3 ---------------------~ - - ------------------- BMP Measurable Goals _Jarge~_Date ---------------- - --- -- - - 6-4: Pesticide Develop an inventory of .~fr.as ~signated for herbicide and pesticide Year 1 and Herbicide aoolication n~'l. ~o'h 1 ·~ Application Comply with local,1state , and federal regulations associated with Year 3 pesticide and herbicide application. Assess each location for opportunities to implement alternative practices and to retrofit structures in order for non-pesticide methods Year4 of maintenance to become effective. Develop a prioritized list of areas where retrofits and alternative pest control practices would reduce overall pesticide and herbicide Year4 aoolication volumes. 6-5: Maintenance Assess current roadway maintenance activities to determine if Year2 of Roadways modification to current practices would benefit storm water qualitv. Identify alternative practices that would reduce the discharge of road-Year 2 materials during construction or maintenance activities. Evaluate roadway maintenance program and revise roadway maintenance specifications according to identified alternative Year4 practices. 6-6: Catch Basin Identify areas where catch basins, surface inlets, and/or storm sewer Cleaning manholes should be periodically cleaned to reduce discharge of Year 2 floatable materials, sediment, and other materials. Develop and implement the catch basin cleaning program according to Year 3 the developed lonq term inspection schedule. 6-7: Landscaping Develop an inventory of City owned landscaping and lawn care areas. 1l lhSS Year 1 and Lawn Care Use all herbicides, pesticides, and fertilizers in accordance with manufacturers' instructions for application rates and quantities. Year3 Evaluate methods for containing and/or composting trimmings and Year4 qrass clippinqs. 6-8: Vehicle Develop and maintain an inventory of City owned vehicles. 4n1 \ \ Year 1 Maintenance Conduct routine inspection on all vehicles according to manufacturers' Year 3 specifications, also inspecting vehicle for the presence of fluid leaks. Schedule repairs for vehicles determined to have fluid leaks. Year3 Require City vehicle operators to conduct daily inspections of vehicles Year 3 to check for fluid leaks. Review vehicle inspection and maintenance records to evaluate conformance to vehicle manufacturer service specifications and local Year4 storm water proqram requirements. 6-9: Spill Develop an inventory of City owned facilities that may be required to Prevention Plans have Spill Prevention Control and Countermeasures Plans (SPCC Year2 Plans). Evaluate identified facilities and determine if SPCC Plans are required. Year4 Develop and/or maintain SPCC Plans for City owned facilities that Year4 require plans. Comply with SPCC plan requirements at qualifying City owned Year 5 facilities. 6-10: Illegal Develop a list of illeqal dumpinq locations identified . l>t..m1~1of't.I a b Year1 Dumping Conduct investigations of illegal dumping locations in order to attempt Year3 to identify the sources of the materials. Post signs at illegal dumping locations that indicate the prohibitions Year4 associated with illeqal dumping. Use existing local legal authority or other means to assess Years enforcement actions aqainst identified illegal dumpers. 19 .. 6-11: City Owned ~~~~~~~~~~~~~~~~~~~~~~~~i;\--~~~---1 Industrial \,}..• Determine if identified industrial facilities require permit coverage Facilities ~" under state or federal industrial storm water eneral ermits. 6-12: Collected waste dis osal Develop documents required for obtaining state and/or federal storm water permits applicable to City owned and operated industrial facilities. Submit required documents in order to obtain permit coverage for City owned and operated facilities to maintain compliance with applicable state and/or federal storm water ermit rovisions. Evaluate additional controls for reducing or eliminating the discharge of ollutants from Cit o erations. Develop standard operating procedures for the disposal of waste collected from the above listed BM Ps. 20 Year2 Year3 Year4 Years Year 3 CITY OF COLLEGE STATION Storm Water Management Program 2008 Annual Report Prepared in accordance with TPDES General Permit TXR040000 November 2008 ANNUAL REPORT CERTIFICATION I, Glenn Brown, City Manager, City of College Station, Texas certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code 305.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request. Signature:---------------Date:--------------- (Use blue ink) 1 Environmental I Compliance Calendar Annual Report The City of College Station will track all BMP activities, results, and changes to the SWMP through an annual report that will be submitted to the TCEQ within 90 days of the end of each permit year, as tabulated below. The annual report will include all factors required by the general permit, including the status of the compliance with permit conditions assessments of BMPs and any changes to the SWMP, as assessed to keep the City of College Station in compliance with the general permit conditions. The annual is submitted to the address below or may be filed electronically: Texas Commission on Environmental Quality Storm Water & Pretreatment Team; MC -148 P.O. Box 13087 Austin, Texas 78711-3087 Main Objectives: );>-A clear and concise report of the previous permit year activities as described in the Annual Report Items listed below. Annual Report Items: \O_,\\ (a) (b) (c) (d) (e) (f) (g) (h) (i) The status of the compliance with permit conditions, an assessment of the appropriateness of the identified BMPs, progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, the measurable goals for each of the MC Ms, and an evaluation of the success of the im lementation of the measurable oals; Status of any additional control measures implemented by the permittee (if applicable); Any MCM activities initiated before permit issuance may be included, under the appropriate headin s, as art of the first ear's annual re ort; A summary of the results of information (including monitoring data) collected and analyzed, if any, during the reporting period used to assess the success of them program at reducing the discharge of ollutants to the MEP; A summary of the storm water activities the MS4 operator plans to undertake during the next re ortin c cle; Proposed changes to the SWMP, including changes to any BMPs or any identified measurable goals that a I to the ro ram elements; The number of municipal construction activiti es authorized under this general permit and the total number of acres disturbed; The number of non-municipal construction activities that occurred within the jurisdiction of the ermittee as noticed to the ermittee b the construction o erator ; and Notice that the MS4 operator is relying on another government entity to satisfy some of its permit obli ations if a licable . 2 MCM 1 Public Education and Outreach on Storm Water Impacts BMP Measurable Goals Lead 1-1: Utility Bill Inserts Develop a list of topics to be included in the Utility Bill Inserts. • What is Stormwater runoff? • Why is Stormwater runoff a problem? • Residential activities that contribute to pollution and associated corrective actions: ./ Lawn care ./ Auto care ./ Pet waste Develop a list of subjects for inclusion and discussion in stormwater fl ers. • What is Stormwater ru naff? • Why is Stormwater runoff a problem? • Residential activities that contribute to pollution and associated corrective actions: ./ Lawn care ./ Auto care ./ Pet waste Develop a list of subjects for inclusion and discussion in the storm water ualit website. Mark Sm ith Mark Smith The City Stormwater Pollution Prevention Website should be divided into three sections; Residential, Construction, and Commercial. Is sections subjects for inclusion and discussion on the website are listed below: ~ Residential • What is Stormwater runoff? • Why is Stormwater runoff a problem? • Residential activities that contribute to pollution and associated corrective actions: ./ Lawn care ./ Auto care ./ Pet waste ./ Septic systems • Making your home the Solution to Stormwater Pollution • Water efficient landscaping • Water harvesting ~ Construction • Does your construction site need a Construction Stormwater Discharge Permit? • How to acquire a Stormwater Discharge Permit • Inventory of Current Best Management Practices (BMPs) • Maintaining BMPs ~ Commercial • Does your business need a Multi-Sector Stormwater Discharge Permit • How to acquire a Multi-Sector Stormwater Discharge Permit 3 --·~------------ BMP Measurable Goals Lead -----~--------- 1-4: Public Service Announcements Identify appropriate issues to be included in the public service announcements. • What is Stormwater runoff? • Why is Stormwater runoff a problem? • Residential activities that contribute to pollution and associated corrective actions: ,/ Lawn care ./ Auto care ./ Pet waste ./ Septic systems • Making your home the Solution to Stormwater Pollution • Water efficient landscaping • Rain water harvesting --------- Year1 BMP Measurable Goals Lead ----------- 1-5: Gardening and Lawn Care Activities Develop a list of subjects to be included in public education material based on local gardening and lawn care practices. • What is Stormwater runoff? • Why is Stormwater runoff a problem? • Landscape maintenance activities that contribute to pollution and associated ./ Lawn care -excessive fertilization, over-watering , improper herbicide use ./ Improper disposal of pet waste ./ Improper disposal of grass clippings (storm drains/landfill) • Corrective actions for landscape maintenance practices: ./ Proper disposal of pet waste ./ Using annual soil tests to determine fertilization needs ./ Practicing water efficient landscaping ./ Rainwater harvesting ./ Composting or mulching of grass cl ippings Jennifer Nations -------------------------------- BMP Measurable Goals Lead -----------------------1-9: Classroom Education on Storm Water Develop a list of age appropriate subjects for inclusion in classroom educational material. • What is Stormwater runoff? • Why is Stormwater runoff a problem? • What you can do to reduce Stormwater Pollution Age appropriate classroom educational material will include: "Kid's Stormwater Stickers", "10 Things That You Can Do to Prevent Stormwater Runoff Pollution" bookmarkers, and "Take the Stormwater Challenge" ace ats· ( 4 Mark Smith MCM 3. Illicit Discharge Detection and Elimination ~~ Measurable Goals ______ L~ad 3-1: Illicit Discharge Legal Authority Research existing laws, ordinances, and other legal powers that prohibit specific types of illicit discharges. Chapter 3 Section 3 Para G Building Regulations Right-of-way Maintenance Construction Standards Donnie Willis Subparagraph 4. Erosion control measures (e.g . silt fence) and advance warning signs markers cones and barricades must be in place before work begins. The contractor will contain and prevent all soil from migrating off site by use of water suppression, vehicle cleaning areas, silt fences, hay bales, etc. Subparagraph 8. Permittee shall be responsible for storm water management erosion control that complies with City, state, and federal regulations and guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes and high erosion areas will require wire backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government. Chapter 7 Section 4 Health and Sanitation Litter Control on Public Property Paragraph D. No person shall sweep into or deposit in any gutter, on any curb street, or other public place within the City, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. No person shall, without permission of the City of College Station, store, dump or dispose of any litter, construction or earth materials, or other solid waste on any city road , street, right of way, thoroughfare, bridge, park or other public place. -------------------------~--------- 8 MP Measurable Goals Lead 3-2: Maintain the City's Storm Water System and Outfall Inventory -------- Develop a map of the City's storm water system including receiving streams, storm water outfalls, permit coverage area, and any other information that may be required by the TCEQ . Gary Balmain -------------------------------------- BMP Measurable Goals Lead ---------------------------------------- 3-3: MS4 Outfall Screening Develop a systematic outfall screening schedule to ensure the screening of the entire storm water system within the 5 year permit term (Typically the schedule will consist of the screening of 20% of the outfalls per year for the 5 year term). Complete screening of 20% of the storm water outfalls that discharge to the storm water system in accordance with the identified schedule. Gary Balmain Marshall Wallace A City Works work order system is being developed to document the screening of the complete City of College Station storm water system every 5 years. The Drainage Division wil l open a work order to screen a minimum of 20% of the identified storm water each year. 5 ---------------------------------- BMP Measurable Goals Lead 3-5: Illicit Discharge Employee Training Develop a list of personnel to be educated on the detection, identification, and reporting of illicit discharges. Gary Balmain Field personnel of the Street and Drainage Maintenance Divisions and the Water and Wastewater Maintenance Divisions will receive training in the detection, identification and reporting of illicit discharges into the City of College Station Storm Water System. --------------------------~---- 8 MP Measurable Goals Lead ----------3-6: Illicit Discharge Hotline Develop or identify a hotline phone number for the reporting of potential illicit discharqes bv the public. Develop a list of locally occurring non-storm water discharges that may be observed by the public. Utility Dispatch 979-764-3638 has been identified as the storm water discharge hotline. Mark Smith Donnie Willis A list of locally occurring non-storm water discharges that may be observed by the public includes: Allowable Non-Storm Water Discharges: 1. Water line flushing ; 2. Landscape, lawn, and other irrigation from potable water sources 3. Landscape, lawn, and other irrigation with TCEQ permitted reclaimed water; 4. Discharges from potable water sources; 5. Diverted stream flows ; 6. Rising ground waters and springs; 7. Uncontaminated ground water infiltration; 8. Uncontaminated pumped ground water; 9. Foundation and footing drains; 10. Air conditioning condensation; 11 . Water from crawl space pumps; 12. Individual residential vehicle washing; 13. Flows from wetlands and riparian habitats; 14. Dechlorinated swimming pool discharges; 15. Street wash water; 16. Discharges or flows from fire fighting activities Illicit Non-Storm water Discharges 1. Water line flushing of hyperchlorinated water 2. Landscape, lawn, and other irrigation utilizing non-potable water, excluding TCEQ permitted reclaimed water; 3. Discharges from non-potable water sources; 4. Non-residential vehicle washing 5. Chlorinated swimming pool discharges; 6. Discharges or flows from washing of fire trucks, run-off water from fire fighting training activities, test water from fire suppression systems, and similar activities; 7. Contaminated runoff from construction sites 8. Runoff from dumpsters 9. Contaminated storm water exposed to industrial activities: 6 Determine if interagency agreements are necessary to eliminate illicit dischar es that ma ori inate outside of the Cit 's ·urisdiction. The City of College Station directly receives storm water runoff from the City of Brvan at Burton Creek and Carters Cree~; from Texas A&M University at Whites Creek, Bee Creek and Wolf Pen Creek; and frOm f?razos Count an arters Creek and t e avasota River. Each of these entities is curren y an · 4 wit SWMPs under the TPDES General Permit TXR 040000. Should an illicit discharge be detected which originated in City of Bryan, Texas A&M University, or Brazos County, staff should contact (contact information provided below for each agency) the subject agency and alert them to the illidt discharge. Due to the working relationships with these agencies and each agency's existing SWMP's, specific interlocal agreements do not appear warranted. Contacts: The City of Bryan : Alton Rogers, Streets and Drainage, (979) 209-5918, (979) 209-5900 The City of Bryan: Mary Strauss, Environmental Services Division, (979) 209-5910 Texas A&M University: Monica Hartman, Env. Health and Safety, (979) 845-7378, (979) 696-9249pg1129 Brazos County: Gary Arnold and Richard Vance, Road and Bridge, (979) 822-2127 TxDOT: John D. Moravec, Environmental Coordinator (979) /778-9766 BMP Measurable Goals Lead 3-8: Elimination of Septic System and Gray Water Discharges Develop a list of locations or areas that are known to have septic systems that could potentially discharge to the City's storm water s stem. Identify storm water outfalls and receiving streams that may receive illicit dischar es from se tic s stems. Mark Smith Gary Balmain As the GIS data records are being updated for the infrastructure of the Storm Water system the potential discharge systems and the associated storm water outfalls and streams will be identified so that a graphic representation can be reproduced. Brazos County Health Department provided the City a list of all active septic systems by address within Brazos County. This data was entered into the City's GIS to create a septic system layer and is highlighted in red below. This layer is used to identify areas that could potentially discharge into the City's storm water system, outfalls and receiving streams. 7 3-9: Sanitary Develop and maintain a sanitary sewer system map of the area within Sewer Leak the City's regulated boundaries. Elimination GIS software is used to update and maintain the map of the sanitary sewer service area. As new infrastructure is added to the system the location is digitized and the map is updated. Jennifer Nations Manholes throughout the sanitary sewer system are inspected and maintained on a routine basis and maintenance history is recorded in the asset management system. The Water Services Department maintains a Wastewater Spill Response Plan following the requirements of TWC 26.039. The Spill Response plan includes procedures for detecting, reporting, and mitigating sanitary sewer overflows. BMP Measurable Goals Lead ~~~~~~-~~~--~~~~~~~~~~~~~~ 3-10: Runoff Pollutant Controls Identify specific types of pollutants that may be mobilized by storm water runoff and be discharged to the storm water system. ' Specific Type of Pollutant Possible Source Oil and grease Abandon vehicles > motor oil Automotive service activities > transmission fluid Aviation service activities > power steering fluid Construction site > leachate from dumpsters Improperly stored vehicles > cooking oil and grease Non-private vehicle washing > crude oil Oil collection centers Salvaoe vards Oil and Gas Extraction sites Hazardous Chemicals Abandon vehicles > insecticides Automotive service activities > pesticides Aviation service activities > nitrogen, and phosphorus Chemical users > paint Chemical retailer > solvents Construction site > antifreeze Household hazardous waste disposal Laundries Landscape activities Photography shops Printinq and publishinq facilities Primary and heavy metals Electronic product operations > lead Photoqraphic operations > copper Electrical product operations > iron Fabricated metal operations Cement and Concrete Concrete batch plant Construction sties Retail stores Truck washout Gypsum Products Construction site > Sheet rock Paper and plastics Athletic events > bottles Construction sites > six pack rings Grocerv stores > Styrofoam beads Out door oatherinos > Styrofoam cups Restaurants > food/candy wrappers Retail stores 8 Donnie Willis Specific Type of Pollutant Possible Source Wood and wood products Construction site ~ construction debris ~ saw dust ~ broken pallets Retail store delivery areas ~ concrete form material Roofing Materials Construction sites Residential roof reoair sites Silt and sediment Construction sites Commercial landscaoinq activates Non-private vehicle washinq Commercial landscape material providers BMP Measurable Goals Lead --~~~~~~~~~~~~~~----------------~~~--~ 3-12: Sanitary Sewer System Overflows Develop and maintain a sanitary sewer system map of the area within the regulated City's boundaries. Jennifer Nations GIS software is used to update and maintain the map of the sanitary sewer service area. As new infrastructure is added to the system the location is digitized and the map is updated. Manholes throughout the sanitary sewer system are inspected and maintained on a routine basis and maintenance history is recorded in the asset management system. The Water Services Department maintains a Wastewater Spill Response Plan following the requirements of TWC 26.039 . The Spill Response plan includes procedures for detecting, reporting, and mitigating sanitary sewer overflows. MCM 4. Construction Site Storm Water Runoff Control Identify any unique construction related storm water quality issues that uire re ulation. Unique construction issues: • Regulating sub-contractors under the Operator • Determining responsible Operator when more than one Operator (multiple home builders) is working adjacent to a Right of Way where a illicit activity has occurred MCM 6. Pollution Prevention/Good Housekeeping for Municipal Operations Develop an inventory of City owned and operated parking areas. City owned parking areas will be included in th Street lnvento layer of GIS 7 0 9 ~p -----------IV!_easurable Goals Target Date 6-4: Pesticide and Herbicide Application Develop an inventory of areas designated for herbicide and pesticide application. Year1 Public Works: --Gary Balmain, Streets and Drainage Superintendent Herbicide is applied along curb lines to control weeds growing in expansion joints in City ROW. Approximately 40% of the 888 lane miles of paved streets in College Station consist of curb and gutter that are inspected and sprayed only when needed. Pesticide is applied to control mosquito infestations. Mosquito Dunks are used in areas of standing water where mosquitoes have been reported and Black Flag is used in sewer inlets and culverts when the Brazos County Health Department tests indicate the possibility of West Nile Virus carrying mosquitoes in a particular area. Electric Utilities Department -Tony Michalsky, Electric Transmission & Distribution Superintendent Herbicide is applied around electric utility power poles and guy wires, within easements and right-of- ways under electric transmission lines, within electric substations and regulator stations to control weed , vines and woody plants, only as needed. There is approximately 200 mile of overhead distribution lines. There is approximately 20 miles of overhead transmission lines. There are 5 substations. There is 1 regulator station. Meter Service Department -Joyce Duda, Meter Service Supervisor Pesticide is applied to control ants in and around meter boxes by the Meter Service Department, Meter Readers, and Work Order Technicians, only as needed. Facilities Maintenance -Larry Thedford, Facilities Maintenance Coordinator Pesticides are applied once a month or as needed by a licensed contract (Ecolab) at 28 of the City owned facilities. The applications consist of interior and 100 feet perimeter applications. FACILITY LOCATION FACILITY LOCATION Bee Creek Park 1900 Anderson Landfill 7600 Rock Prairie Carter Creek Waste Water 2200 N. Forrest Pkwy Lick Creek Waste Water 14802 Rock Prairie CC Annex 1300 George Bush Library 1818 Harvey Mitch ell Central Park 1000 Krenek Tap Lincoln Center 1000 Eleanor City Hall 1101 Texas Municipal Court 300 Krenek Tap Community Development 1207 Texas Parking Garage 209 College Main Conference Center 1300 Georqe Bush Police Department 2611 Texas CS Utilities 1601 Graham Public works 2613 Texas Dowling Pump Station 401 Dowling Sandy Point Pump Sta. 7290 Sandy Point Rd. Exit Teen Center 1520 Rock Prairie Southwood Athletic 1600 Rock Prairie Complex Fire Station # 1 304 Holleman Thomas Pool 1300 James Pkwy. Fire Station # 2 2100 Rio Grande Utility Customer Service 310 Krenek Tap Fire Stafion # 3 4180 Hwy 6 S. Veterans Park 3101 Harvey Fire Station #3 (New) Barron Road Wayne Smith Park 107 Holleman Fire Station # 5 Rock Prairie Road Wolf Pen Amphitheater 1015 Colgate 10 Parks and Recreations -Ross Albrecht, Forestry Sµperintendent The City of College Station has 1,366. 75 acres of parks and recreational areas. Herbicides are applied as need to control weeds in walkways, pathways, fence rows, play grounds, etc. Pesticides are used as necessary to control mosquitoes, fire ants and other local pest. PARK ACRES PARK ACRES Anderson 8.94 Lions 1.50 Bee Creek 26.50 Longmire 4.16 Billie Madeley 5.14 Luther Jones 1.80 Brison 9.20 Merry Oaks 4.60 Brothers Pond 16.12 Northgate Park .80 Castlegate (2 parks) 8.26 Oaks 7.50 Castle rock 5.86 Parkway 1.90 CoCS Cemetery 18.50 Pebble Creek 10.20 Memorial Cemetery of CS 56.50 Raintree 13.00 Stephen Beachy Central 47.20 Reatta Meadows 3.00 Conference Center 2.30 Richard Carter 7.14 Cove of Nantucket 3.92 Sandstone 15.21 Crescent Pointe 5.00 Sonoma 7.16 Cy Miller 2.50 Southeast 66.68 DA "Andy" Arboretum 17.00 Southern Oaks 14.49 Eastgate 1.80 Southwest 9.42 Edelweiss 12.30 Southwood Athletic 44.70 Edelweiss Gardens 13.60 Steeple Chase 9.00 Emerald Forest 4.59 Thomas 16.10 Gabbard 10.67 University 10.20 Georgie K. Fitch 11 .30 Veterans Athletic 150.00 Hensel (T AMU) 29.70 WA Tarrow (W.Smith) 21 .26 Jack & Dorothy Miller 10.00 Westfield 4.29 John Crompton 15.26 Windwood 1.37 Lemontree 15.40 Wolf Pen Creek 47.17 Lick Creek 515.54 Woodcreek 6.60 Woodland Hills 14.40 BMP Measurable Goals Lead______J 6-7: Landscaping and Lawn Care Develop an inventory of City owned landscaping and lawn care areas. Location Area T e 2275 Dartmouth Facilit Parkland sites Parkland 1101 Texas Avenue South Facilit 1725 Parkland Drive Parkland 302 Holleman Facilit 2200 Rio Grande Facilit Facilit 1900 Barron Road Facilit 601 Greens Prairie Road Facilit Cre e m rtles alon ROW Street ROW 11 Ross Albrecht I Landscapina/Lawn Care Area Location Area Type Freeman 2605 Texas Avenue South Open Space *George Bush Dr E and medians Street ROW Greens Prairie Road Street ROW Hereford/Winding Street Street ROW Krenek Tap Crossinq Street ROW Library 800 Harvey Mitchell Parkway Facility Mun icipal Court 300 Krenek Tap Road Facility Northgate Parking Garage 309 College Main Facility Northqate Promenade Facility Police Department-Cy Miller 2611 Texas Avenue South Facility Providence Church Street ROW Public Works 2613 Texas Avenue South Facility Rock Prairie Road Medians Street ROW Tarrow Street Medians Street ROW *Texas Av Phase I and II Street ROW Unity Plaza Street ROW University Drive Medians Street ROW Utility Customer Service 310 Krenek Tap Road Facility Utility Service Center 1601 S. Graham Road Facility *WPC Park and Trails 1015 Colgate Drive Parkland * Services provide for multiple areas within the site. Develop and maintain an inventory of City owned vehicles. The City of College Station Fleet Services Division maintains the fleet inventory of 645 vehicles according to manufactures recommendations. These records are entered and may be viewed in the i5(as400) software. Develop a list of illegal dumping locations identified. Pete Caler The City has not identified areas where illegal dumping is common practice. Items found by City employees are reported by citizens are reported to Code Enforcement. Code Enforcement has the items removed . 6-11: City Owned Industrial Develop an inventory of City owned industrial facilities. Mark Smith Facilities The City of College Station is the owner/operator of seven (7) industrial facilities. Each facility is registered with Texas Commission on Environmental Quality under CN600732598. Carters Creek Wastewater Treatment Plant (RN104481346) operates under all wastewater program required permits to include Storm Water Discharge Permit No: TXR05Q296. Lick Creek Wastewater Treatment Plant (RN100529783) operates under all wastewater program required permits to include Storm Water Discharge Permit No: TXR05Q316. Rock Prairie Road Landfill (RN100830090) operates under all waste management program required permits to include Multi-Sector Storm Water Discharge Permit No: TXR05T882. 12 City of College Station Public Works (RN100529783) operates a fleet refueling facility which operates under all required permits. The fueling facility is operated under cover and has a Non Exposure Certification. City of College Station Police Department (RN101665156) operates a fleet refueling facility which operates under all required permits. The fueling facility is operated under cover and has a Non Exposure Certification. City of College Station Utility Service Center (RN101665826) operates a fleet refueling facility which operates under all required permits. The fueling facility is operated under cover and has a Non Exposure Certification. City of College Station Municipal Stormwater Sanitary Sewer System (MS4) (RN105475347) has filed a Notice of Intent and Storm water Management Program with TCEQ and received the ID Number TXR040008 (Pending). 13 Environmental I Compliance Calendar MCM 1 Public Education and Outreach on Storm Water Im 1-1: Utility Bill Inserts 1-2: Fl ers 1-3: Storm Water Quali Web-Site 1-4: Public Service Announcements 1-6: Proper Disposal of Household Hazardous Waste 1-7: Impacts of Illegal Dumping and Litterin 1-8: Commercial Community Educational Materials 1-10: Public Education on Construction Activities and New Development Activities Monitorin 2-6: Community Hotlines Design and print utility bill inserts for each of the selected topics. Design and publish the storm water quality website to the internet for ublic access. Develop public service announcements on the selected subjects. Research local and regional opportunities for the public to properly dispose of household hazardous waste. Inquire about existing public education materials prepared by other agencies. Determine if existing public education materials that focus on pollution prevention and commercial activities are available from other agencies. Identify construction related subjects for inclusion in construction/new development public education material that focus on local construction regulations, public reporting opportunities, and construction and new development storm water discharge impacts to local water bodies. MCM 2. Public Involvement I Partici ation 1 Year2 Year2 Year2 Year 2 Year 2 Year2 Year2 Year2 Year2 Year2 Year2 Year2 Year 2 MCM 3. Illicit Dischar e Detection and Elimination 3-1: Illicit Discharge Legal Authority 3-2: Maintain the City's Storm Water System and Outfall lnvento 3-3: MS4 Outfall Screening 3-4: Storm Water Hot Spots 3-5: Illicit Discharge Employee Trainin 3-6: Illicit Discharge Hotline 3-7: lnteragency Agreements 3-8: Elimination of Septic System and Gray Water Dischar es 3-9: Sanitary Sewer Leak Elimination 3-10: Runoff Pollutant Controls 3-11: Leaking Above and Below Ground Storage Tanks 3-12: Sanitary Sewer System Overflows Develop supplemental legal authority that prohibits all illicit discharges of non-storm water to the City's storm water system based on research of existin le al mechanisms. Develop a method for updating the storm water system map with new drainage structures and outfalls. Investigate outfall drainage systems that are identified as having non- storm water discharges and eliminate illicit discharges according to,_ Cit storm water re ulations. Complete screening of 40% of the storm water outfalls that discharge to the storm waters stem in accordance with the identified schedule. Identify local facilities that have a high probability of discharging ollutants to the storm waters stem storm water hots ots . Develop a schedule for conducting training of identified personnel. Develop an illicit discharge hotline public education material distribution schedule. Develop a list of local agencies that may need to be involved in the illicit dischar e elimination rocess. Contact the agency(s) and identify potential roles of the agency(s) in assistin the Cit in eliminatin illicit dischar es. Train City inspection and outfall screening personnel on the identification of septic system discharge locations and internal tracking and reporting mechanisms. Train inspection and outfall screening personnel on the identification, tracking, and reporting of sanitary sewer system leaks. Develop a list of facilities that are likely to contribute these types of pollutants to the storm water system. Identify facilities within the City's jurisdiction that own and operate large above or below ground storage tanks. Develop procedures for the investigation, identification, and reporting of sanita sewers stem overflows. Develop public education material on the reporting of sanitary sewer s stem overflows. 2 Year 2 Year2 Year2 Year 2 Year2 Year2 Year2 Year 2 Year2 Year2 Year 2 Year2 Year2 Year2 Year2 Year 2 Year2 MCM 4. Construction Site Storm Water Runoff Control -------- BMP Measurable Goals Target Date 4-1: Construction Research existing legal authority available for the regulation of Year2 Legal Authority construction site operators. Develop supplemental legal authority, through ordinance, order, or Year2 other policy related powers, to regulate construction site runoff. 4-2: Construction Develop a list of items to incorporate in the inspection of construction Inspection sites based on the final construction storm water regulations and Procedures include the following categories: Use of temporary erosion controls; control of other construction related wastes; Operational and general Year2 prohibition; Site closure and stabilization requirements; On-site documentation and records; Enforcement actions and on-site communication issues. MCM 5. Post-Construction Management in New Development and Redevelo ment 5-1: Post- Construction Runoff Legal Authorit Develop a list of local development and post-development storm water quality related issues that require City regulation; to include structural and non-structural BMPs, to ensure long-term operation and maintenance. Year2 MCM 6. Pollution Prevention/Good Housekeeping for Municipal 0 erations 6-6: Catch Basin Cleaning 6-9: Spill Prevention Plans 6-11: City Owned Industrial Facilities Identify the type of roadway that can be swept to remove sediment and other ollutants from the utters. Assess current tadwayJJl · ivi ies to determine if modification t current ractices would benefit storm water ualit . Identify alternative practices that would re uce e 1sc arge of road- materials during construction or maintenance activities. Identify areas where catch basins, surface inlets, and/or storm sewer manholes should be periodically cleaned to reduce discharge of floatable materials, sediment, and other materials. Develop an inventory of City owned facilities that may be required to have Spill Prevention Control and Countermeasures Plans (SPCC Plans . Determine if identified industrial facilities require permit coverage under state or federal industrial storm water general permits. 3 Year2 Year2 Year2 Year2 Year2 Topics bases on audience )> Residential .----- • What is Stormwater runoff? • Why is Stormwater runoff a problem? • Residential activities that contribute to pollution and associated corrective actions: v' Lawn care-excessive fertilization, over-watering, improper herbicide use, proper disposal of grass clippings, composting or mulching v' Auto care v' Pet waste -proper disposal of pet waste v' Septic systems • Making your home the Solution to Stormwater Pollution • Rain water harvesting )> Construction • Does your construction site need a Construction Stormwater Discharge Permit? • How to acquire a Stormwater Discharge Permit • Inventory of Current Best Management Practices (BMPs) • Maintaining BMPs )> Commercial • Does your business need a Multi-Sector Stormwater Discharge Permit • How to acquire a Multi-Sector Stormwater Discharge Permit tA,t,,,v-{-t,vtA.UA cJ .. .A.lA-~-~ -~ ~~_;..._,, Infrastructure I I I a floodplain may not halt development, but it can deter it or result in less dense devel- opment if the buildings must rely on wells and septic systems. Flood impacts, along with pollution impacts of septic systems, must be mitigated. • Current road, bridge or culvert which obstruct flood flows and need to be replaced incor- porate flood damage reduction as part of the project under the NAI approach. • Development occurs in a manner that will not result in an increase of hazard classifica - tion and risk from upstream dams. • « Bridge and culvert improvements would include the replacement, modification or removal of existing bridge decks and culverts at road and ra ilroad crossings over streams in a way that w ill reduce flood levels, velocities, erosion and sed imentation on other properties and the stream. Parks: The best use of floodplains is generally considered to be open space. Keeping the area natural means no damages from flooding and no adverse impact on others. Communities wanting to follow the NAI approach expand their ownership or control over open floodprone areas in order to continue the natural and beneficial functions floodplains provide. Comprehensive plans and capital improvement programs should e::>--=~that areas that w ill be flooded now and in the future are preserved by « such as purchasing an easement. With an easement, the o er may u opment and use the private property, but property taxes are or a payment is made to the owner in exchange for an agreement to hold part of the property as open space. There are several programs that can help acquire or reserve open lands. ...,__ In Bartlesville, Okl ahoma, 43% of the floodplain has been preserved as open space. Broken Arrow, Oklahoma, has an ongoing program to purchase floodplain properties when they go up for sale. It also encourages owners to donate the lands as a tax write off. In the 1920's, the Cook County, Illinois, Forest Preserve District made a conscientious effort to acquire lands along the larger rivers. This paid off when floods in the 1970's and 1980's inundated large areas in the Chicago metropolitan area that were stil mostly undeveloped, which stored water to protect other property. A master « greenway plan can follow the streams and river corridors. Often, exist- ing parks form the start of a greenway. Ov-.er the years, lands along the greenway are pur.- chased and developers are encouraged or required to dedicate streamside land to connect the open spaces. Often developers view these parcels as undevelopable or too expensive to build on. See also the regulatory approaches reviewed under "preserving important areas" on page 49. I here are a number of federal programs which provide cost sharing to create green space and to link green spaces, especially in urban areas (National Park Service , Urban Forestry Program and others). Greenways and riverfront parks have an added benefit over other types of open space. They attract people to the water. People learn to appreciate the natural and beneficial functions o NAIToolkit • 2003 • Watershed management plans • Beach management plans Often, when these plans are prepared, the authors focus only on the immediate subject and neglect to check whether the area under discussion includes a flood hazard. For example, it does not make sense to invest in housing improvements for buildings in a floodway. As noted in the next section, the NAI approach would be to have a plan that would use hous- ing improvement funds to relocate occupants out of hazardous areas and clear the flood- prone sites for open space use. Better: Plans that Address Flooding Land use plans and zoning ordinances have the potential to C restrict damage-prone development in haz- ardous or sensitive areas. The floodplain should be desig- nated as one or more separate land use or zoning districts that permit only those uses or activities that are not sus- ceptible to damage by flooding or flood-related hazards (e .g., conservation, recreation, or agriculture). All land use plans produced by th e Southeast Wisconsin Regional Planning Commission have 1dent1f1 ed river corridors and their entire flood o e used as greenways an open space where no development 1s allowed.. The State of Oregon requires local plans to inventory and protect rj oariao are~ The Community Rating System credits C low-densi- ty zoning in floodplains. To the CRS , it doesn't matter if an area is zoned conservation, agricultural, or large lot resi- dential. If fewer structures are allowed in the floodplain, it warrants CRS credit. Some plans are developed specifically to deal w ith the flood threat or other hazards. Th ey assess the problem, review alternative approaches, and recommend appropriate measures to manage flooding, prevent adverse impacts, and/or mitigate the problem. These include floodplain management plans, stormwater management plans, hazard mitigation plans, coastal zone plans, and waterfront revitaliza ti on plans. All these plans need to be based on sound information on the impact of flooding on the community, i.e., w · could be adversely affected by flooding ? A • ability analysis identifies properties affected by f and estimates the impact of flooding on them and ti munity. This can be an involved, manual job, or on1 uses computer based tools. A land use plan or zoning ordinance should designate flood-prone lands for agricultural. conservation. or other uses that suffer minimal damage from a flood. Illinois Department o f Natural Resources The impact of a flood is directly related to the value ·d use of a property. A flooded fire station or lost ·-ess by emergency vehicles has an impact on the •:re community, so these vulnerable facilities 'erve greater levels of protection than basic plans ~ regulations usually provide. French & Associates Regulations I cumulative effect of the proposed development, when combined with all other future and anticipated development" (NFIP regs 60.3 (c) (10)). The States of Wash ington and Wisconsin do not allow any habitable structure to be built or rebuilt in the floodway. The State of Illinois all ows on ly "appropriate uses" in the floodways in the six counties around Chicago. The list of "appropriate uses" specifica lly excludes filling and new buildings. Michigan does not allow new habitable structures or additions in the fl ood way. Within the floodway, Indiana will not permit the repair or replacement of any structure that suffers structural damage. Preserving important areas e y important part of the floodplain is the shoreline. This area, where water and land eet, i home to many special species and is subject to erosion when disturbed. 4't etba standards establish minimum distances that structures or construction work must be sitioned (set back) from river ch annels or shorelines. Setbacks can be defined by ver- 1cal heights or horizontal distances. Setbacks keep buildings from obstructing views, keep on-site sewage disposal system uting public waters, prevent disruption to the channel bank, and can protect riparian habitat. Michigan's Natural River 1gnates a river or portion of a river as a natura l river area for the purpose of preserving and enhancing its values for water conservation, its free flowing condition, and its fi sh, w ildlife, boating, scenic, aesthetic, floodplain, ecologic, historic and recreational values and uses. Local ning ordinances and state zoning r · e be setback at -150 eet from the Ordinar Hi h Water 0 feet from the OHWM on design<Ued mainstreams. Set ac req uirments are outlined in management plans developed fo r each designated ri ver and are incorporated in zoning ordinances and rules. Vegetative butters on state designated streams range from 25-100 feet o n private land and up to 200 feet on public land. Federally designated rivers have restricted vegetative cutting zo nes on federal lands of up to 1/4 m ile from the OHWM. The State of Oregon requires local governments to adopt a 75 foot setback, unless they can justify a different number. Marion County, ?~on, requires all septic tanks and drain fields to be set back 100 feet yom'the high water line. c m~~~~\ive alternative to a setback, which may just prohibit buildings, is a •-•N buffer zode, which requires certain things be done in sensitive areas between two d ys.e{ A Qroperly vegetated buffer zone along a stream or lakefront will protect t he bank from erosion and filter stormwater, cleaning the runoff that enters the water body. The Fairfax County, Virginia Comprehensive Plan establishes an Envi ron- m ental Quality Corridor (EOC) system that includes 100 year floodplains, slopes greater than 15% adjacent to a floodplain, wetlands in stream valleys and a buffer zone along stream channels. The policy is to avoid development of the EOC by dedication to the Fairfax County Park Authority if it is in the publi c interest or as separate undeveloped lots with commitments for preservation. The policy allows a transfer of some of 49 • • . The State of Wisconsin requires floodways to be mapped with no rise (measured by 0.01foot). Michigan, New Jersey, Illinois and Indiana establish floodways based on a 0.1 foot su rcharge whil e Colorado, M ontana, M innesota and Ohio use a 0.5 foot standard. It should be noted that these higher mapping standards do not prevent development. "No rise" does not mean "no development:' It means that development must be more careful about its impacts on others. Instead of assuming that existing and proposed structures in an area can absorb a one-foot increase in the base flood, a no-rise floodway means that a development cannot cause any increase in flood heights that will adverse! thers. King County, Was hington does not map floodways. Instead, it treats the entire fl oodplain as a floodway and each development project must demonstrate that there will be no increase in flood levels. (It is important to define the method of analysis that must be used to demonstrate no rise.) The third shortcoming is that standard NFIP floodway mapping and management criteria will not prevent increases in flood heights and damages. Two aspects of the mapping and management program result in increased flood heights and damages in mapped flood- ways. First, the approach allows development to cause obstructions in the floodway, as long as an engineer certifies that the development will cause "no rise" in flood levels. The problem occurs when engineers are allowed to calculate the "no rise" assuming a "spot" obstruction in the floodway. The fallacy of this approach is that it does not provide for equal treatment under the law (at what point does an i ncrease occur-when the 5th, 14th, or 18th person wants to develop? If so, how can a standard that allows that many people in the same "zone" to develop, be used to prevent the next one from developing?) First come, first served is not equal treatment under the law. This same equity argument applies to all property in that reach of the floodway, and on both sides of the river in that reach. The reg- ulatory floodway is originally determined under FEMA's study guidelines by assuming an "equal reduction of conveyance on opposite sides of the stream."(Reference: "Guidelines and Specifications for Flood Hazard Mapping Partners") Unfortunately, the procedures to determine if a proposed development in a floodway will result in an increase in the BFE often ignores this basic principle of equal conveyance. Secondly, filling anywhere in the floodway also results in loss of storage. On smaller streams, that cumulative loss becomes significant and will increase flood levels and dam- ages. In flat areas especially, floodplain storage can be very important. As a result, states and communities can require that floodway delineation be based on preventing a ' 4lt loss of storage and/or increase in velocity. This will result in wider floodways and less or no increase in flood heights due to development over the yea rs. The State of Il linois requires flooclways to be mapped using a 0.1 foot all owable rise, a maximum of 10% increase in velocity, and a maximum of 10% loss of fl oodplain storage. 22 NAI Toolkit • 2003 .•-.i PHASE II CONSTRUCTION & MS4 STORM WATER PERMITS TEXAS COMMISSION ON ENVIRONMENTAL QUALITY biRbfffin ~n lCEq ~nu~ ~ eli~ -b~ Gof En&crmtftl) B•r+ ~-&ffi~, ~1m{:j 8kirL sr~ !il5{J{f ~. ~~ Wftlo Fol1it 1 f funfYl)Jm 78-0885 ?Db r~ PHASE II CONSTRUCTION STORM WATER PERMITS . ~~r ~ 1i ~8/DJ ·.·.~ TPDES Storm Water Permitting ----·---·~-rm--=-,__a..,....,....---..,.._......, __ _ Overview ... Runoff from Industrial Activities ... Construction General Permits ... Municipal Separate Storm Sewer (MS4) Permits Construction Activity ... Clearing ... Grading What is Construction? ... Excavating, or ... Similar Activities that Disturb or Expose Soil L~ Rk mmDYllM@§ Mi ~ /hlt As fm ~tUf' Background for Regulations 1996 305 (b) Report (EPA 1998) .... Siltation 1> Largest Impairment for Rivers 1> Third Impairment for Lakes .... Construction Sites a Source of Impairment 1> 6 % of Impaired Rivers 1> 11 % of Impaired Lakes Phase I and Phase II Introduction .... Phase I -Large Construction Sites ~ b~ ---- 1> Initial Permitting Effort to Regulate Largest Sources of Pollutants from Construction Site Runoff 1> Greater than or Equal to 5 Acres Disturbed 1> Includes Small Construction if ~ Part of a Larger Common Plan ~ s ;,,, ~ of Development or Sale fi!iiill Phase I and Phase II Introduction .... Phase II -Small Construction Sites 1> EPA Indicated Smaller Sites Substantially Contribute to Pollution 1> Greater than or Equal to 1 Acre but Less than 5 Acres Disturbed n ;,,, ii§§ ---.. Phase I and Phase II Transfer ofNPDES Permitting Authority ... Phase I : 1> General Permit Administered by EPA Region 6 1> Expires July 7, 2003 ... Phase JI: 1> March 2003 Regulatory Deadline ... TCEQ Proposed General Permit: 1> Combines Phase I and II Requirements ~ : $ 1> Expected Issuance March 2003 •C§§ 1> Permit will Supercede EPA General Permit 8 ill Permit Applicability Who applies for permit coverage? ... Operators of Construction Activity May Include: 1> Landowner 1> Individual Homeowner 1> Contractor 1> Subcontractor Permit Requirements Obtainii;t~ Authorization .. Phase I: 6-t-AU[t S 1> SWP3 Implemented Prior to Construction 1> Notice of Intent (NOi) 1> Application Fee $100, Annual Fee $100 1> Notify MS4 .. Phase II: 1> SWP3 Implemented Prior to Construction 1> NOi not Required/Must Post a Site Notice~ i' '5 1> No Fees ;,,~ 1> Notify MS4 _,.. Storm Water Pollution Prevention Plan (SWP3) ~ Must be Retained On-Site r:> Notice Must be Provided if Off-Site • Inactive • No On-Site Location ~ Shared SWP3 r:> List Participants and Responsibilities ~ SWP3 Must be Kept Current ~ E S -~ S!iiiiill Storm Water Pollution Prevention Plan (SWP3) Contents of SWP3 ~ Site I Project Description t> Schedule t> Number of Acres t> Site Map t> Copy of General Permit TXR.150000 ~ List Best Management Practices t> Structural Controls t> Non-Structural Controls Storm Water Pollution Prevention Plan (SWP3) Stabilization and Pollution Control Examples ~ Temporary/Permanent Seeding ... Mulching ... Vegetative Buffer Strips ... Preservation of Trees ... Contouring and Protecting Areas bJfl~t~~b e~o ih!itf Ovf 'il Gillfld f 1 r{lfi"' Storm Water Pollution Prevention Plan (SWP3) Structural Control Options ... Sedimentation Basins t> 10 + Acres Drainage ... Silt Fences ... Earth Dikes or Berms ... Drainage Swales ... Inlet Protection Storm Water Pollution Prevention Plan (SWP3) Controls ... Inspection ~ Once/14 Days & 24 Hours/0.5 Inch Rainfall ~ Monthly for Arid Areas(< 20 Inches Annual Rainfall) ~ Linear Construction Considerations ~ Once/7 Days Option .,.. Maintenance ~ As Necessary to Maintain Effectiveness i" 'i of Controls ;,,, ii§§ .. Storm Water Pollution Prevention Plan (SWP3) Effluent Limits .,.. Annual Sampling for Storm Water Discharges from Concrete Batch Plants that Directly Support the Construction Activity 1> Total Suspended Solids 1> Oil and Grease t> pH 65 mg/l 15 mg/l 6-9 s.u. Terminating the Permit Completion of Construction Activities ~ Final Stabilization of Site 1> Vegetation to 70% Native Background 1> Homebuilder Turns Lot over to Homeowner with Information 1> Site Turned over to Another Permitted Contractor 1> Land Returned to Previous Agricultural Use ~ ~ Submit a Notice of Termination b,~ 1> NOT not Required for Small Constructionn~ Annual Fees ,.. $100 per year Water Quality Fee ,.. Billed to all Phase I Construction Activities Listed as Active on September 1 of Each Year ,.. NI A for Phase II Waivers Are there any waivers available? ,.. Phase I -No waivers ,.. Phase II -Low Rainfall Erosivity Waiver Low Rainfall Erosivity "R Factor" <5 .,.. Requires rainfall erosivity factor ("R factor" from RUSLE) < 5 t> Varies based on location and time period t> Examples Provided in Draft Permit Fact Sheet t> NPDES Fact Sheet .,.. Incentive to build during dry times periods Low Rainfall Erosivity "R Factor" <5 ... RUSLE =Revised Universal Soil Loss Equation t> From the US. Department of Agriculture's Predicting Soil Erosion by Water: A Guide to Conservation and Planning with the Revised Universal Soil Loss Equation. US. Government ~ Printing O+lice, January 1997. i s 'JJ' biS§ ---iill Low Rainfall Erosivity Two Options .,. 1) Automatic Authorization e> Precalculated "R factors" for automatic authorization -Part II.D.l. & Appenciix A • No Application Required ... 2) Waiver e> "R factor" Calculated by Applicant - Part II.F. • Application Required n ;,,,,;,§§ ,.... Low Rainfall Erosivity Automatic ... Automatic Authorization Option - "specific locations/times" t> No Fees t> No SWP3 L. t> Notify MS4 t> Post a Construction Site Notice t> Stabilize Site n t> No NOT ;,,~ iill Low Rainfall Erosivity Waiver Calculated ... Waiver Option -Calculate R Factor t> Submit Waiver Form (Not an NOI) t> No Fees t> No SWP3 -'l t> Notify MS4 ' t> Post a Construction Site Notice ~ ;;: 5 t> No NOT ;,,,ii§§ p"t'iiill Differences Between EPA and TCEQ Permits Application Requirements ... More Detailed Applicant Information ... Billing Address ... Application Fee ... No Estimated Start I End Date ... No Endangered Species Self Certification Differences Between EPA and TCEQ Permits Technical Requirements .. Linear Construction .. Sampling Frequency for Concrete Batch Plant Wastewater .. R Factor Authorization and Waivers Permitting Issues Volume of Applications .. Administrative Burden t> Handling t> Database Tracking .. Records Needed Immediately t> Applicants t> Field Inspectors t> MS4 Operators Solutions .. No NOis for Small Activities t> Consistent With Federal Rules -40 CFR § 122.28(b )(2)(v) .. No Waiver Forms for Pre-Calculated R Factors (Automatic Authorization) .. Contractor to Process Applications Solutions State of Texas Environmental Electronic Reporting System (STEERS) ... Electronic Submission of NO Is 1> Direct to Database 1> Immediate Response from the TCEQ 1> Submittal of Fees • Credit Card • Bank Transfer __.... ... Application Required to use STEERS tJ program iill Time Line for Permit Issuance TXR150000 ... September 27, 2002 -Draft Permit published in Texas Register and several newspapers 1> Comment period ended November 15, 2002 1> Public meeting held in Austin .... Executive Director Response to Comments (R TC) .... Issue Permit March 2003 Special Situations ,.. Oil and Gas Industry t> Under the Jurisdiction of the Railroad Commission of Texas I EPA Region 6 ,.. Construction Activities at Industrial Facilities with Individual Wastewater or Storm Water Penni ts t> Authorization under TXRI 50000 still required for construction activities r , nil§§ ....... iill Questions and Answers For More Information ,.. Storm Water & General Permits Team: (512) 239-4671 ,.. Small Business & Local Government Assistance Program: (512) 239-1066 or (800) 447-2827 (toll free) For More Information Storm Water Hotline: (512) 239-3700 www.tceg.state.tx.us www.tnrcc.state.tx.us/permitting/water penn/wwpenn/ construct.html S""lilil!! • ~ ;,,,ii§§ iji;: iii REFERENCES Construction Site Storm Water Permitting Flow Chart No Does the construction site discharge storm water to a municipal separate storm sewer system or to waters of the United States? Yes How many acres does the construction site disturb? If the construction site is part of a larger common plan of development or sale, include the total number of acres disturbed. I Less than 1 I 'Greater than or equal I to 1 but less than 5 15 or morel Does the construction site qualify for an Permit required: -jlNo permit required II automatic authorization based on the Notice of Intent time frame for completion as delineated SWP3 in Appendix A of the general permit? Yes No Automatically authorized: Does the construction site Post Construction Site Notice qualify for an exclusion based No SWP3 on a calculated R factor< 5? Yes I No I Permit waived: Permit required: Waiver form Post Construction Site Notice No SWP3 SWP3 References for Construction Texas Commission on Environmental Quality Hotline (for updates on storm water permitting issues) -(512) 239-3700 Storm Water & General Permits Team -(512) 239-4671 24-hour Complaint Hotline (toll free)-(888) 777-3186 . http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/construct.html Texas Source Reduction and Waste Minimization Resources Pollution Prevention http://www.srwm.org/ Storm Water Center http://www.stormwatercenter.net/ National Storm Water BMP Database http://www.bmpdatabase.org/ Stormwater-The Journal for Surface Water Quality Professionals http://www.forester.net/sw.html Russell's Universal Soil Loss Equation http://bioengr.ag.utk.edu/rusle2/download.htm Erosivity Index Calculator for Construction Sites http://sroh.brc.tamus.edu/epa/ EPA Region 3 Storm Water Pollution Prevention http://www.epa.gov/reg3wapd/stormwater/index.htm Multiple State's BMP Manuals http://ndep.nv.gov/bwpc/bmp02.pdf Municipal Research and Services Center of Washington http://www.mrsc.org/Subjects/Environment/water/SW-BMP.aspx Links to Storm Water Sites http://www.epa.nsw.gov.au/stormwater/links.htm Texas Transportation Institute http://tt1.tamu.edu/ EPA Clearinghouse http://cfpub.epa.govf clearinghouse/ Electronic Submittal of Applications (Texas Online) www.texasonline.com/ or http://www.tnrcc.state.tx.us/permitting/wateroerm/wwperm/construct.html Erosivity Factor ("R Factor'') Calculation for Small Construction Activities I. Automatic Authorization: Certain small construction activities may be authorized under the proposed general permit without being required to submit a NOi or develop a SWP3 if construction occurs in certain geographic areas and during time periods when there is a low potential for erosion. Small construction activities that commence after the start date for one of the time periods listed in Appendix A of the proposed permit, and that concludes prior to the end date of that listed time period, need not submit an NOi or develop a SWP3. This permit option is based on construction site conditions that might otherwise qualify for a permit waiver using the federally allowed erosivity factor, or "R-factor" calculation. The R factor is defined as the total annual erosive potential that is due to climatic effects, and is part of the Revised Universal Soil Loss Equation (RUSLE). This alternative authorization was included to: 1) promote construction to occur during times where the potential for erosion was limited; and 2) to provide a more efficient authorization process than the application for a permit waiver. How were the lists in the tables obtained? In developing this list, the TCEQ used the most conservative assumptions for each county to develop this list of qualifying time periods. The R values included in the U.S. Department of Agriculture (USDA) handbooks are annual factors, and the lowest annual R factor in Texas is 10, which occurs only in El Paso County. While no county in Texas would automatically qualify for this option for the entire year, a procedure for determining R factors for specific time periods within the year is possible by multiplying the annual R factor by the percentage of the total annual isoerodent factor that occurs during the period in question. Using the most restrictive isoerodent value in each county, the TCEQ then added the correlating isoerodent values listed in the table below for the given time period. In this process, Period 1 (beginning January 1 and lasting 2 weeks), is listed as zero (0), with each month adding percentages until the last period (beginning December 15) equals or approaches 100. For the purposes of the proposed permit, the TCEQ included some non-zero values for January by subtracting the total value from the last calendar year period from 100, which is the maximum value possible. This resulted in a change for several of the erosivity indices (El) zones in the first period from zero (0), and is more conservative since a higher percentage of El values would now occur in January as opposed to the original calculations. Additionally, rather than subtract the additive EI values of the beginning period of construction from the additive value from the ending period, the TCEQ listed the change in El value from each month, so that the partial year determination could be calculated simply by adding the numbers from each period. Table of Erosivity Indices (El) for Two-Week Periods: Period Beginning: ENo. 01/0101/1502/0102/1503/0103/1504/0104/1505/0105/150610106/1507/010711508/0108/1509/01 09/1510/0110/1511/0111/1512/01 12/15 Total 89 100 0 0 1 0 1 1 1 3 5 6 9 11 10 7 7 7 7 7 7 4 3 1 1 1 90 91 92 93 94 95 96 97 106 2 0 0 1 2 2 3 1 2 0 1 0 0 0 0 1 0 1 1 1 2 2 2 1 2 3 3 1 1 2 0 1 0 0 1 0 1 1 1 2 2 2 2 2 2 2 3 3 2 2 3 3 4 4 2 5 8 8 8 9 0 1 4 10 13 10 0 1 4 10 13 10 2 2 5 12 15 9 2 5 6 8 9 9 2 3 4 9 8 6 5 6 7 7 6 6 4 6 8 9 11 8 4 6 7 5 6 5 8 6 5 4 5 7 6 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 6 5 5 4 4 5 6 4 4 4 5 6 7 5 5 6 5 6 5 6 5 4 4 4 4 4 4 5 3 4 4 5 4 5 6 6 6 4 4 3 3 5 3 2 7 4 0 7 4 0 6 6 1 5 3 3 5 5 4 4 4 4 3 3 3 3 2 4 1 1 1 1 2 3 4 3 4 1 0 0 0 2 2 3 1 3 100 100 100 100 100 100 100 100 100 II. Permit Waiver Based on Calculated R Factor: Any small construction operator may calculate its own R factor using site-specific information, TCEQ guidance, or other approved methods, and apply for a permit waiver to the TCEQ. This may be an important option for shorter duration projects in counties that are located in high isoerodent areas, and may also be important for longer duration projects located in portions of counties that have a lower isoerodent value than the conservative protocol that was utilized to develop the values for each county in Appendix A of the permit. Under this permitting option, the operator must to submit to the TCEQ and to the MS4 an R factor calculation on a waiver form approved by the executive director, and provide a copy to the operator of any MS4 that receives the discharge. How can I compute an R Factor for my own construction activity to obtain a permit waiver? A. You may use the Texas A&M University's "Erosivity Index Calculator for Construction Sites" at the following internet address: http://srnh.brc.tamus.edu/epa/ This calculator can provide precise R factors based on very accurate locations. B. You may also calculate the R Factor based on "EPA Fact Sheet 3.1, January 2001 (EPA 833-F-00-014." 1 ) Estimate the construction start date and the end date. 2) Find the erosivity Index (El) Zone based on your geographic location (map is attached). 4) Refer to an Erosivity Index (El) Table; find the number of your El Zone in the left column. Located the El values for the 15-day periods that correspond to the project start and end periods identified before in previous steps. Subtract the start value from the end to find the % El for your site. The maximum annual El value for a project is 100%. Alternatively, you may add the corresponding isoerodent values from the table listed above, but note that the values may be more restrictive than using the percentage values. 5) Refer to the appropriate lsoerodent Map, then interpolate the annual isoredent value for your area. This number is the annual R factor for your site. 6) Multiply the percent value obtained in Step 4 by the annual isoerodent value obtained in Step 5. This is the R Factor for your scheduled project. Example 1: For a construction site in Austin, Texas that will be disturbed from March 1 to May 15. The El distribution zone is 94. Referring to the Erosivity Index (El) Table in EPA's Fact Sheet 3.1, the difference in values between these two periods is 13% (21-8 =13). Since the annual erosion index for this location is about 300 (based on the the lsoerodent Map) the R Factor for the scheduled construction project is 13% of 300, or 39. This number is well above the R Factor threshold of 5. Therefore, a waiver would not be granted for this particular construction project under the low rainfall erosivity provision. Example 2: For a construction project spanning two calendar years (August 1 of one year to April 15 of the next year ) in Midland, Texas. The El distribution zone is 91. Referring to the El Table in EPA's Fact Sheet 3.1 , the difference in values between August 1 and December 30 is 40% ( 100-60 =40). The difference between January 1 and April 15 is 1 % ( 1-0 =1 ). The total percentage El for this project 41 % ( 40+1 =41 ). Since the annual erosion index for this location is 100, the R factor for the scheduled construction is 41 % of 100, or 41. Again since 41 is greater than 5, the operator of this site would not be able seek a waiver under the low rainfall erosivity provision. Isoerodent Map of Texas .. -: : ._ -···· .... # •• • •• Erosivity Index Calculator for Construction Sites http://srph.br.c.tamus.edu/epa/ Fact Sheet 3.1 -Construction Rainfall Erosivity Waiver Page4 Figure 1. Erosivity Index Zone Map APPLICATIONS Notice of Intent (NOi) for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) For help completing this application, read the TXR150000 NOi Instructions (TCEQ-20022-lnstructions). TCEQ Use Only TPDES Permit Number: TXR151-1-1-1-1 -NO GIN Number: 1-1-1-1-1-1-1-1 A. Construction Site Operator Name: New No Change Customer Reference Number. CN Mailing Address: City: Country Mailing Information (if outside USA) Territory: Phone Number. E-mail Address: Extension: Type of Operator. Individual Sole Proprietorship -D.B.A. State Government Independent Operator? Federal Tax ID: County Government Yes No City Government Number of Employees: State Franchise Tax ID Number. State: Zip Code: Country Code: Postal Code: Fax Number. gher B. Billing Address Name: Mailing Address: City: Zip Code: Country Mailing Information (if outside USA) Territory: Postal Code: C. Project I Site lnfonnation Name: New No Change D. E. Physical Address: Location Description: City: Zip Code: Latitude: 0 " N Longitude: Latitude: Is the project I site located on Indian Country Lands Has a storm water pollution prevention plan been Estimated area of land disturbed (to the nea t a Yes No Name: Phone Number. E-mail Address: I certify under personnel pr directly res aware ther Constru Prefix: Last: Title: his application, who should be contacted? Title: Fax Number. ,.i. 1 ' cJ1repared under my direction or supervision in accordance with a system designed to assure that qualified rmation submitted. Based on my inquiry of the person or persons who manage the system, or those persons ·on, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am itting false information, including the possibility of fine and imprisonment for knowing violations. ntative: Middle: Suffix: Signature:---------------------------Date: _______________ _ If you have questions on how to fill out this form or about the storm water program, please contact us at (512) 239-4671. Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at (512) 239-3282. The completed NOi must be mailed to the following address along with a $100 application fee payable to the TCEQ while a copy of the NOi must also be sent to the operator of any MS4 receiving a discharge from the regulated site as identified in Section C: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC -214 P.O. Box 13088 Austin, Texas 78711-3088 TCEQ-20022 (02/03) Page 1 of1 = Low Rainfall Erosivity Waiver for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) TCEQ Use Only ="" = Ill -= TPDES Waiver Number:TXRCWJ_J_J_J_J-NO GIN Number: J_J_J_J_J_J_J_J -; rrcEQ For help completing this application, read the TXR150000 Low Rainfall Erosivity Waiver Instructions (TCEQ-lnstructions). A. Construction Site Operator Name: New No Change Customer Reference Number: CN Mailing Address: City: Country Mailing Information (if outside USA) Territory: Phone Number: Extension: E-mail Address: Type of Operator: Individual Sole Proprietorship - D.B.A. State Government Independent Operator? Federal Tax ID: County Government City Government Yes No Number of Employees: State Franchise Tax ID Number: State: B. Project I Site Information Name: New No Change Physical Address: Location Description: City: Zip Code: Latitude: " N Longitude: Latitude: Longitude: - Is the project I site located on Indian Country Lands? Estimated start date: Estimated end da Has the rainfall erosivity, based on the construction site a calculated with an R Factor< 5? Yes No If no, this waiver is not obtainable. Is this waiver form for a construction site that distu disturb 5 or more acres? No If ye c. Name: Phone Number: Fax Number: E-mail Address: D. Certification plan, must significant violations. Constru Prefix: Last Title: and the eligibility requirements for claiming an authorization by waiver under the TPDES General all occur within a time period in which the erosivity factor (R Factor) is less than 5. I understand e provided in this form, a new R factor must be calculated based on the initial start date and a new end o , all applicable sections of the general permit (TXR150000), including a storm water pollution prevention y of this signed waiver to the operator of the MS4 if discharges enter an MS4 system. I am aware there are ation or for"conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing Middle: Suffix: Signature:. _______________________ Date: _______________ _ If you have questions on how to fi ll out this form or about the storm water program, please contact us at (512) 239-4671 . Individuals are entiUed to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at (512) 239-3282. The completed waiver must be mailed to the following address and a copy of the waiver must also be submitted to the operator of any MS4 receiving a discharge from the regulated site as identified in Section C: TCEQ (02/03) Texas Commission on Environmental Quality Storm Water & General Permits Team; MC -148 P.O. Box 13087 Austin, Texas 78711-3087 Page 1of1 E!i -TCEQ Use Only -- Ii Notice of Termination (NOT) for Storm Water · Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) TPDES Permit Number. TXR151-1-1-1-1 -NO GIN Number: 1-1-1-1-1-1-1-1 For help completing this application, read the TXR150000 NOi Instructions (TCEQ-20023-lnstructions). A. TPDES Permit Number: TXR15 B. Construction Site Operator Name: Mailing Address: City: Country Mailing Information (if outside USA) Territory: Phone Number: E-mail Address: C. Project I Site Information Name: Physical Address: Location Description: City: Extension: D. Contact -If the TCEQ needs additional information r~~ Name: Phone Number: E-mail Address: E. Certification I certify under penaltY, of law that aut necessary based o no longer autho · and that discharg1 the Clean Water Act Prefix: Last: Title: Customer Reference Number: CN Zip Code: Middle: Suffix: Signatur If you h i..-------...;;;; --------------Date: _____________ _ fill out this form or about the storm water program, please contact us at (512) 239-4671. uest and review their personal information that the agency gathers on its forms. They may eir information corrected. To review such information, contact us at (512) 239-3282. The completed NOT must be mailed to the following address and a copy of the NOT must be submitted to the operator of any MS4 receiving a discharge from the regulated site: TCEQ-20023 (02103) Texas Commission on Environmental Quality Storm Water & General Permits Team; MC-148 P.O. Box 13087 Austin, Texas 78711-3087 Page I of I = ~ w ::' '= -----• ii§§ --TCEQ STEERS State of Texas Environmental Electronic Reporting System Thank you for your interest in participating in the State of Texas Environmental Electronic Reporting System (STEERS). The Texas Commission on Environmental Quality (TCEQ) staff have committed themselves to providing a "user friendly" program for reporters to submit complete and valid data electronically. Using STEERS will assist you in meeting your company's environmental reporting requirements and aid the TCEQ in collecting and processing this information. There is no fee for acquiring STEERS; Access to the software is free. The enclosed STEERS Participation Agreement (Participation Agreement) contains three pages: The first page is required for each person who uses STEERS and may include multiple facilities. The second page acts as a legally binding signature for all reports submitted electronically under th.e account given to that individual. It replaces the signature that is required on each paper report. An original signature is required on these pages (no photo copies or stamps). If a person is going to prepare the reports only and not submit them, he/she does not have to submit the second and third pages. Please return the complete application(s) to: TCEQ Attn: STEERS Program Central Registry Program, MC 144 PO Box 13087 Austin, TX 78711-3087 Approximately 10 working days after the TCEQ receives your completed Participation Agreement, your account ID and password will be E-mailed to the address provided on the application. Do not share your account or password with others -it is intended for your use only. The TCEQ is committed to providing excellent service. Thank you for your participation in making this project a success for Texas. If you have any questions about the STEERS program information, please contact the STEERS Help Line at (512) 239-6925 or refer to the STEERS web site at www.tceq.state.tx.us/permitting/r_e/eval/we/steers.html. Sincerely, TCEQ STEERS Program Enclosures FORM INSTRUCTIONS The enclosed STEERS Participation Agreement contains three pages: The first page is required for each person who uses STEERS and may include multiple facilities. The second page acts as a legally binding signature for all reports submitted electronically under the account given to that individual. It replaces the signature that is required on each paper report. An original signature is required on these pages (no photo copies or stamps). If a person is going to prepare the reports only and not submit them, he/she does not have to submit the second page. Applicant Information: Relationship to Facility: What is your employer's relationship to the facility or facilities for which you want to report data? The Facility: You work at the facility, or the main office of the facility's company. Parent Company: You are working for the parent company overseeing reporting for one· or more subsidiaries. Other: You are a consultant entering data on behalf of the reported facility Mailing address: Give the mailing address where we may contact you. E-Mail: Required. Complete this so that we can contact you. This address is also used by STEERS to send you system messages such as confirmation that you have submitted data. Account type: Facility List Read Only: You will only be able to view information about the facility. Complete just the first page, stop after signing "Signature of Account Holder" and mail in the form. Preparer only: You can change facility information, but will have to rely on someone with a Submitter account to send that information to the TCEQ. Complete the first page, stop after signing "Signature of Account Holder" and mail in the form. Preparer and Submitter: You can view and change information, as well as submit those changes to the TCEQ. Please complete both the first and second pages. If you do not have authority under applicable law to submit data, obtain the signature of someone who does in the box on the second page. Information on who can sign is provided on page 3. Environmental Program: Examples are Industrial and Hazardous Waste (IHW), Petroleum Storage Tanks (PST), and Storm Water Discharge (SWD) Program ID Code: A number which a TCEQ environmental program has assigned to identify the site (not a permit number). This identifying number is used to make information available to you in STEERS online. Examples are IHW Solid Waste Registration number or PST facility ID. Leave this blank for access to Storm Water notifications by STEERS. Facility or Site Name. Physical Address: Needed by STEERS staff to positively identify facility information to make available to you through STEERS. If additional space is needed, check the box at the bottom of the table and attach extra sheets of paper as needed. Signatures Please read and sign the agreement according to the type of account for which you are applying. Be sure to check page 3 for the appropriate authority for signing this application. STEERS PARTICIPATION AGREEMENT Applicant Information (please print): Name (Last, First Middle Initial): Employer's Company Name: & relationship to facility Mailing Address: E-mail Address: Phone number: Account Type: (check one) _the Facility _Parent Company _ Read only -may only view data _ Preparer only -may view, add and edit data other _Preparer & Submitter-may view, add, edit and submit data to the TCEQ I am applying to submit information electronically for these facilities (list below): Environmental Program Facility or Site Physical Address* Program ID Code* Name* (_) Additional facilities are incorporated by reference to attached list which must be signed. *Not required for access to one-time notifications (e.g. Storm Water General Permit notices) As an account holder, I agree (1) to protect my PIN number from use by anyone except me, to maintain the secrecy of my PIN by not revealing it to anyone else, and to change it if I believe it becomes known to any other person; (2) to report to the TCEQ STEERS help line, within twenty-four (24) hours of discovery, any evidence of the loss, theft, or other compromise of my user account or PIN; (3) to notify the TCEQ STEERS help line if I cease to represent any of the facilities named above as a preparer and/or submitter of that organization's electronic reports to STEERS as soon as this change in relationship occurs; Signature of Account holder Printed Name Date TCEQ-0710 (S.14-2002) Page 1of3 As a submitter of data, I agree (4) to terms 1 through 3 from page 1 of this agreement for account holders, (5) and understand that I will be held as legally bound, obligated, or responsible for any electronic submittal using my account and PIN as I would be using my hand-written signature, and that legal action can be taken against me based on the use of my account and PIN in submitting an electronic document to the TCEQ; (6) to review the acknowledgments and copies of documents submitted electronically using my account and PIN to STEERS; (7) to report to the TCEQ STEERS help line, within twenty-four (24) hours of discovery, any evidence of discrepancy between an electronic document I have submitted and what STEERS has received from me; (8) that in no event will the TCEQ be liable to me or my employer for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software or of any data supplied therewith even if the TCEQ or anyone else has been advised of the possibility of such damages, or for any claim by any other party. The TCEQ disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software and the accompanying written materials. (9) that data electronically submitted using this Account shall also be considered to contain the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment. (10) that data in the workspace that has not gone through the action of submittal (caused by pressing the submit button) is not considered to be submitted data. Even though the data resides on a TCEQ controlled computer, it is considered to be in draft form and will not be considered to meet any reporting requirements until I have taken action to submit the data. I certify that (_) I have the authority to enter into this Agreement for the Company under the applicable standards referred to on Page 3, identified by my initials; or (_) I am authorized by someone who does have this authority. (Signature of that authority is required in the box below.) Signature of Applicant Printed Name Date I have the authority to enter into this Agreement for the Company under the applicable standards referred to on Page 3, identified by my initials, and authorize the person whose signature appears above to submit data for the Facilities. Signature of Facility Authority Printed Name Date Title Comoanv Name TCEQ Customer Number (it known\ TCEQ-0710 (8-14-2002) Page 2 of 3 SIGNATURE AUTHORITY ST AN DAROS Links to the governing regulations are found on the STEERS page on the World Wide Web. http://www.TCEQ.state.bc.us/permitting/r_e/eval/we/steers.html ( __ ) Industrial and Hazardous Waste (IHW) Program: see 40 CFR 270.11(b) ( __ )Petroleum Storage Tank (PST) Program 30 TAC 334.8(c)(4)(A)(iv) Upon completion, the UST registration and self-certification form must be dated and signed by either the UST owner (or the owner's legally authorized representative) or by the UST operator (or the operator's legally authorized representative). ( __ ) TPDES Storm Water (TPDES) Program see 40 CFR 122.22 Program Area Definitions IHW: Industrial and Hazardous Waste Registration and Reporting. PST: Petroleum Storage Tank Registration Information and Renewal Self Certifications TPDES: Texas Pollutant Discharge Elimination System I Storm Water Discharge Permits. TCEQ-0710 (8-14-2002) Page 3of 3 PHASE II CONSTRUCTION INVESTIGATIONS :~ .. ..,,,,, ~·t.· ........ ~ 10 ·~ ) .... ;,... 1:·'-.11................. l:••H"'ov >-!..-b H·W~ >·Cl'-u • .:.._.:u.<> -.,,_~ U·•~• ... ,. ..... 'flo!oo "··-- > 19 Investigators in 16 Regional Offices >Conduct investigations at industrial facilities, construction sites, and MS4s >Inspect Permitted AND Unpermitted Facilities ... --....... -.. ~ ..... 0\iiW''0!ft{_,,,m,,:,i,,,,I,i,~~,,:,="':;:==:=:·~:·:i: I!)ii!11:~t:t:ttt:::::,:· ·:~ :;. ..:. .•. ··~:. ·· .. ·· .. Who Needs this Permit? Construction Sites > 1 acre Or Part of a Larger Plan of Development -m m" -·-" •••• ---~ .. ::::::::::::·:·. ·.;:::#~:~~i~)~~t~Jil~~~::::::» ·=:::::tf/i,/:j/!~!!!!!::~.i~lllgn Pr~;i:l~:~:itf:=i=:ti:'i:t:;,,·====:::::i{i: Construction Sites >Improperly installed BMPs >SWP3 Not Implemented >Poor Housekeeping >SWP3 Not Updated/Incomplete >Sign not visible ~~ >If violations are documented, facility is issued an NOV or an NOE depending on the severity of the violations >Timeframe is set for a response >Investigator is the point of contact for response to NOV nuv Y1 of: ·=::~=~={.~l.i.~_[·~-~.t.i.~li.~.f:~.--~.:~.: .. :1_,· .. ,: .. ,1,.,i.:,···':::·'.:~,'.'..,l,,i,·,!.'~ .. '(··'~ ... '~ .. :\.:j.:~ ... '~ .. 'i···'j··'j··'~.:j.:~:~:;.'j··'~_:f .. ,~_.'~.'~:j _:',=,'.=' .. ='_,=:·,: _:,·::.:.-·'.':{:\{[)J@ii'.:'''':':;,,,., -<:;:<{: . . : .. ':' .... . .,:,:;:;:;:;:#'':::1:::::::1:i::~;1!!~ifii!jii:fat::i >Opportunity for facility to appeal violations only if respondent has new information >If there is no response or inadequate response to the NOV, the respondent referred to Enforcement ..•• ;::=:=:=::;.. .·~=~~=:~:3t!ttmtt=:=====·· .i::=:rmt!iiii.!!!!llllllir Enf~;i*lit.:::;to+,,,:'··==::::: ~">i>eiia~il:aiiY&5So-Cia'te<r-WifL~NoEs.,., >Statutory maximum is $10,000 per day per violation > Specific penalties are determined by the enforcement division > See RG-344 "The TCEQ Has Just Inspected My Business"for details on the enforcement process REFERENCES · TEXAS COMMISSION ON ENVIRONMENTAL QUAL I TY The TCEQ Has Inspected Your Business RG-344, PDF version (revised 9/02) What Does This Mean to You? The TCEQ Has Inspected Your Business. What Does This Mean to You? An inspector has just fmished inspecting your place of business for the Texas Commission on Environmental Quality (TCEQ). You probably have a few questions about what this inspection means-and about what you can expect to happen in the next few days, weeks, or months. This booklet answers many of the questions you may have. In this booklet, questions are written as you might ask them. In the answers to these questions, "we" or "us" means theTCEQ. Why was my facility inspected? Under the law, the TCEQ must adopt and enforce rules that protect the people and environment of Texas. We have designed these rules to reduce and prevent pollution and to ensure that public health is protected. Part of our job is to find out whether the people we regulate are complying with these rules. One way we do this is to inspect facilities on a regular schedule. We also may inspect a facility in response to a specific complaint or a spill. We require our inspectors to go over their findings with you in an exit interview. You will find out in this interview what violations, if any, the inspector found. If the inspector finds no problems, you will also receive a letter called a "general compliance letter" within several weeks. If, after further review of agency regulations, additional violations appear to have occurred, the investigator will contact you to discuss them. The inspector found a violation. What happens next? The law requires us to respond to all the violations our inspectors find. This response is called our "enforcement process" and is intended to ensure that your facility complies with the rules. In this case, the inspection is the first of several steps in the enforcement process. The second step has also already occurred-that is, the inspector has told you of one or more alleged violations. If your facility does not or cannot comply with the rules within 14 calendar days, the next step will begin. In some cases, we must take this step even if you have complied. In this step, we will send you a letter called a "notice of violation," or NOV. The NOV is a formal statement of the specific violations the inspector found. In the NOV, either we will ask you to send us a written schedule that shows when and how you plan to correct each of these alleged violations or we will give you a schedule you must follow. For all but the least serious violations, we also must beoin 0 a step called "formal enforcement" immediately-even if you are able to correct these violations within 14 calendar days. For more information about this step, see "What if my case goes to 'formal enforcement?"' on page 2. What if I don't agree with the inspector's findings? Ask to meet with the inspector as soon as possible. See "Put It in Writing!" in the box on page 10. Don't put it off. Use this meeting to discuss the inspector's findings and present your point of view. If I receive an NOV, what should I do? You must respond to the NOV in writing. You may also call us or meet with us, but you must respond in writing by the deadline given in the letter. Whatever you do, don't ignore the NOV, and don't wait for us to call you first. If you're not sure what to do, call one of the numbers in "Confused? Find Help Here:" on the next page. Call Us! As well as listing each violation, the NOV will tell you the name and phone number of our contact person for your case. You may call this contact person as soon as you get the NOV. Discuss your concerns. Ask any questions you may have. Meet with Us! If you wish, ask to meet with our contact person to discuss these violations. Often, having a face-to-face meeting can help. Write Us a Letter! In this required letter, let us know that you have received our letter. Respond to each point the NOV raised. And if you have already corrected the violations, tell us. The TCEQ is an equal opportunity/affirmative action employer. The a(ency d t 11 J • • • veteran status. oes no a ow d scnmonatlon on the basis of race, color, religion, national origin, sex. disability, a(e, sexual orientation or What happens if I don't respond? If you don't respond to the NOV by the deadline or to any other letter we send you about an enforcement action, you could give up some of your rights under the law. For one thing, the TCEQ co~ioners might eventually have to issue a "default order." The default order could require you to pay a fine- even if you have corrected the violations without telling us. Confused? Find Help Here: For answers to Call this questions about: TCEQ office: The enforcement Office of Public process, hearings, Interest Counsel and your legal rights 5121239-6363 General Small Business and Environmental information, Assistance Division technical assistance, 1-800-447-2827 or guidance or your TCEQ regional office (See your NOV) What if I don't understand the letter or what I'm required to do? Ask to meet with the contact person identified in the letter to clear up anything you don't tinderstand. Call us at the phone number listed in the letter, or call one of the numbers listed in "Confused? Find Help Here:" above. Whatever you do, be sure to protect your rights by answering the letter in writing by the deadline given in the letter. What if my case goes to "formal enforcement"? ''Formal enforcement" is the process we use to seek an order and a fine.1 This process may even include a hearing, if you request it If your case does go to formal enforcement, you may want to consider consulting with an attorney. Some violations are directly referred to formal enforce- ment-even if the violations are corrected. Still, if you correct the violations before formal enforcement is completed, you might face a smaller fine. You can still call or meet with us at any time during this process. 1 These fi.oes are called "admi.oislrative peuallies." For the sake of simplicity, we have called them "fines" in this booklet. 2 How will I know whether formal enforcement has begun? When formal enforcement begins, we will send you a letter called a "notice of enforcement" (NOE). The NOE tells you clearly that we are beginning formal enforcement Don't ignore this notice-respond to it right away. See "Put It in Writing" inside the back cover for more informa" tion about contacting us. What happens during formal enforcement? Formal enforcement could result in any one of three kinds of commission orders: + You may work out an agreement with us to correct the violations and probably pay a fine. The TCEQ commis- sioners approve this agreement by issuing an "agreed order." + You may request a formal hearing before a judge from the State Office of Administrative Hearings (SOAH). Following this hearing, the TCEQ commissioners will issue an administrative order. This order could force you to pay a fine and will instruct you to correct the violations. + If you stop communicating with us, the TCEQ commis- sioners will eventually issue a default order. In other words, because you did not respond, you have given up your chance to state your case and must pay a fine and correct all violations. Once you have complied with the order issued, the enforcement process ends. How do I reach an agreement with the TCEQ? We will send you a letter along with a settlement offer. We call this offer a "proposed agreed order." This order will give you the following information: + how much you must pay in fines ; + what you must do to correct the violations; + a time frame to correct the violations, also known as the "ordering provisions." If you agree to the terms of this order, just sign it without making any changes and return it along with payment of the fine within 60 calendar days of the date of the cover letter. This is the way to settle your case without an attorney or a formal hearing. If you disagree with the terms of this proposed agreed order, then you can and should speak with the contact person named in the cover letter. Ask to set up a meeting to discuss your questions. How much could my fine be? You can find the guidelines the commissioners use to set the amounts of these fines in TCEQ publication RG-253, Penalty Policy. To get a free copy ofRG-253, fax your order to 5121239-4488, call TCEQ Publications at 512/239-0028, or go to "Publications" on our Web site: Put Part of Your Fine to Work at Home! Instead of paying part of your fine, you might be able to do something good for the environment in your community! This option is called a "supplemental environmen- tal project," or SEP. You may be able to use up to half of your fine to do or support a SEP. Even small busi- nesses can participate by contributing to a fund that will be used to pay for a SEP. Doing a SEP does not reduce yom out-of-pocket expense, but does give you some choice about where the money goes. To find out about eligibility for this program, call the SEP coordinator at 5121239-3400. What if I can't afford to pay a fine? If you don 't think you can afford the proposed fine, you may ask our staff to consider one or more of three possible solutions-to reduce your payment, to work out a payment plan, or to defer part of your fine. But bear in mind that the TCEQ commissioners make the final decision. They may approve, deny, or adjust any solutions you work out with our staff. Reducing Your Payment If you can't pay all or part of the proposed fine, then you may claim "financial inability to pay." To find out how to make this claim, contact the person named in the letter with the proposed agreed order right away. We will send you a list of the documents that you must send us before we can evaluate your claim. If our accountants agree that you cannot pay the proposed fine, then we will change the proposed agreed order to make the fine reasonable according to your documents. You still must correct the violations in the time frame given in the order-and let us know when you have made these correc- tions. If you do not comply with the order, then you must pay the remaining portion of the original fine. Working Out a Payment Plan If you can't pay the assessed fine in a single payment, you may ask us to revise the order to arrange for up to 12 monthly installments. Deferring Part of Your Fine If we defer a part of your fine, you still must pay a portion of the fine right away. However, we will agree to wait until a 3 date stated in the order to collect the remaining balance from you. On that date, if you have met certain requirements stated in your order, we will waive the remaining balance. We can offer deferrals in some---but not all--<:ases. To find out whether you qualify for a deferred fine, contact the person named in the letter with the proposed agreed order right away. If we can't reach an agreement, can I get a he~ring? You have 60 calendar days from the date on the proposed agreed order's cover letter to work out an agreement with us. If we can't agree by then, we will assign your case to an attorney in our Litigation Division. This attorney will draft a docu- ment called an "executive director's preliminary report and petition" (EDPRP). This document is your signal that we are preparing for a hearing-if you request one-or that we are going to ask the commissioners to issue an order against you. We will send you the EDPRP with a cover letter. This cover letter will advise you of your legal rights. When you receive the EDPRP, you have 20 calendar days to ask for a hearing. Your request must be in writing-for example, "I request a hearing." If you don't ask for this hearing within this 20-day period, the TCEQ commissioners may issue a default order against you. This bearing will be held before a judge from SOAH and is formal-much like a civil trial. Each side will present its case, may call witnesses, and may question the other side's witnesses. If I ask for a hearing, do I lose my chance to settle? No. Even if you ask for a bearing, you can still discuss your case with us over the phone or in a meeting . We will keep trying to work out a settlement If you and our staff still cannot settle your case, we will ask SOAH to schedule the hearing you requested. What happens at the end of the hearing? After the hearing, the presiding judge makes a recommen- dation to the TCEQ commissioners about an enforcement order. The TCEQ commissioners consider this recommenda- tion and then make the final decision whether to issue, deny, or modify the judge's decision. Bottom line: How do I avoid any unpleasant surprises? Stay in touch with us until your case is settled. We know that enforcement is not easy to endure, but we do our best to reach decisions that are well-informed and fair. Whether we are able to do that depends to a large extent on whether you tell us when and how you correct the violations. And remember-our Small Business and Environ- mental Assistance Division (SBEA) or your regional office may be able to give you technical assistance if you need it to bring your facility into compliance with the rules. Call either the SBEA at 1-800-447-2827 or your regional office to find out more about the free help we can offer. You don't need to be under enforcement to take advantage of this assistance. We intend for this booklet to give you an overview of the TCEQ's enforcement process. Because every case is unique, we could not cover all the details that might apply to your case here. Read this booklet for a basic understanding of your rights and responsibilities in this process, but please understand that there are sometimes exceptions to these rules. 4 Put It in Writing! You can-and should-<:all us to get a faster response, but a phone call won't protect your legal rights. Whenever you call us about your enforcement case, follow your phone call with a letter. In your letter, cover the main points of your phone call-for example: This letter confirms that in my phone call of [time and date] we agreed to meet on [date] to discuss the results of your inspection of my facility. I disagree with these points in the in- spection report: [list them] A follow-up letter is one simple way to confirm that you called us-and for both of us to be sure we under- stood what was said. LA COMIS l 6N DE CALIDAD AMBIENTAL DE TEXAS La TCEQ lnspeccionO Su Negocio RG-344, versi6n PDF (revisado 02/09) c,Que representaesto par a usted ..• ? La TCEQ lnspecciono Su Negocio. c,Qui representa esto para usted? Un inspector de la TCEQ acaba de concluir la inspecci6n de su negocio. Probablemente tiene algunas preguntas sobre lo que esto significa-y sobre lo que puede esperar que ocurra dentro de los pr6ximos dias, semanas o meses. Este folleto contesta muchas de las preguntas que podria tener. En este folleto, las preguntas est.an redactadas como probablemente lo haria. En las respuestas, cuando decimos "nosotros" o "nuestros" nos estamos refiriendo a la TCEQ. c,Por qui mis instalaciones? Bajo la ley, la TCEQ debe adoptar y hacer cumplir reglas que protejan a la poblaci6n y al medio ambiente del Estado de Texas. Hemos disefiado estas reglas para reducir y prevenir la contaminaci6n, y para asegurarnos la protecci6n de la salud publica. Parte de nuestra labor es descubrir si la poblaci6n que esta bajo nuestra jursidicci6n esta cumpliendo con estas reglas. Una de las maneras en que logramos esto es mediante las inspecciones de las instalaciones en una programaci6n regular. Tambien podemos realizar una inspecci6n respondiendo a una queja especifica o ante algun derrame. Exigimos a nuestros inspectores que les expliquen sus hallazgos durante una entrevista al concluir. Durante esta entrevista podra saber si el inspector descubri6 alguna violaci6n. Si el inspector no encontr6 problema alguno, dentro de algunas semanas recibiras un oficio llamado "Carta de Cumplimiento General". Si despues de revisi6n adicional de normas de la agencfa parece que ban sucedido otras viol.aciones, el investigador se pondra en contacto para discutirlos. c,Qui pasa si el inspector encuentra alguna violacion? La ley exige que se de respuesta a todas las violacioines que encuentren los inspectores. Esta respuesta constituye el "proceso de aplicaci6n de la ley" y pretende asegurar que sus instalaciones cumplan con el reglamento. En este caso, la inspecci6n es el primero de varios pasos en el proceso de aplicaci6n de la ley. El segundo paso ya ocurri6 tambien-es decir, el inspector ya le notific6 que existen una o mas presuntas violaciones. Si sus instalaciones no cumplen o no pueden cumplir con las reglas dentro de 14 dias naturales, entonces dara inicio el siguiente paso. En algunos casos, debemos tomar este paso aun si no bubo incumplimiento. En este paso se le envia un oficio llamado "notificaci6n de violaci6n" o NOV. El NOV es una declaraci6n oficial de las violaciones especificas que encontr6 el inspector. En el NOV podemos pedirle que nos envie un programa por escrito donde indique c6mo planea corregir cada una de estas presuntas violaciones, o nosotros le daremos un programa que debera cumplir. En todos los casos, excepto en las violaciones menos serias, tambien iniciaremos inmediatamente un paso denominado "aplicaci6n de la ley formal"-aun cuando logre corregir las violaciones dentro de los 14 dias naturales. Para mas informaci6n sobre este paso consulte "l Que pasa si mi caso pasa a "Aplicaci6n de la ley Formal?" en la pagina 6. LY si no estoy de acuerdo con los hallazgos del inspector? Pide entrevistarse con el inspector lo antes posible. Consulte "iP6ngalo por escrito!" en el recuadro de la contraportada interna de este folleto. No deje de hacerlo. En esa entrevista discuta los hallazgos del inspector y presente su punto de vista. c,Qui debo hacer si recibo un NOV? Debe responder al NOV por escrito. Tambien puede hablarnos y entrevistarse con nosotros, pero debe responder por escrito dentro del plazo que indique el oficio. Haga lo que haga, no ignore el NOV, y no se atenga a que nosotros le hablemos primero. Si no esta seguro de que hacer, comuniquese a alguno de los nUm.eros telef6nicos que aparecen en "i,Confundido? Busque ayuda aqui:" en la siguiente pagina. 1L1amenos! Ademas de anotar cada violaci6n en una lista, el NOV le indicara el nombre y telefono del agente con quien se puede comunicar sobre su caso. Puede comunicarse con esta persona en cuanto reciba el NOV. Platiquele sus inquietudes. Preguntele todo lo que necesita saber. La Comlsi6n de Calldad Ambiental de Texas (TCEQ) es un empleador que da oportunidades lguales y ofreee accl6n anrmativa. Esta lnstltucl6n no permite discrimlnaci6n por raza, color, religl6n, nacionalidad, sexo, incapacldades, edad. orientacl6n sexual o estado de veterano. iEntrevistese con Nosotros! Si lo desea, pidenos una entrevista para discutir estas violaciones. Con frecuencia puede ser util tener una entrevista cara a cara iEscribenos! En esta carta obligatoria. avfsenos que recibi6 nuestro oficio. Responde a cada punto del NOV que hayamos presentado. Y si ya corrigi6 la violaci6n, dinoslo. ;,Y qui pasa si no respondo? Si no responde al oficio NOV para la fecha en que vence el plazo, o si no respondes a cualquier otro requerimiento que se te haga sobre alguna acci6n de aplicaci6n de la ley, podrias perder algunos derechos. Ciertamente las comisionados de la TCEQ podrian tener que girar una "orden par incumplimiento". Esta orden podria ser motivo de una multa- al1n si ya corregiste las violaciones sin habemos notificado. LConfundido? Busque ayuda aqui: Para dudas Comuniquese a este sobre: departamento de la TCEQ: El proceso de Oficina de Asesoria aplicaci6n de la ley, de Interes PUblico audiencias, y sus 5121239-6363 derechos legales Informaci6n Divisi6n de Asistencia Ambiental General, y de la Pequeiia Empresa Asistencia Tecnico 1-800-447-2827 o a la oficina regional de la TCEQ en su localidad (Consulte el oficio NOV) LY si no entiendo el oficio, o no si que es lo que se me esta requiriendo? Pide entrevistarse con la persona identificada como contacto en el oficio, a fin de aclarar cualquier cosa que no comprende. Hablenos al telefono que aparece en el oficio, o comuniquese a cualquiera de los nl1meros en la lista de abajo "i,Confundido? Busque ayuda aqui:" que aparece arriba. Haga lo que haga. protege tus derechos contestando el oficio par escrito dentro del plaza que se indica en el oficio. 1,Qui pasa si mi caso llega a "Aplicacion de la ley Formal"? "Aplicaci6n de la ley Formal" es el proceso que utiliz.amos para procurar una orden y una multa. 1 Este proceso hasta podria incluir una audiencia si lo solicita. Si su caso llega a 2 "Aplicaci6n de la ley Formal" puede consultar con un abogado. Algunas violaciones son llevadas directamente a aplicaci6n de la ley formal-alln si dichas violaciones ban sido corregidas. Sin embargo, si corrige las violaciones antes de que termine el proceso de aplicaci6n de la ley formal, las sanciones a las que le podria hacer acreedor podrian ser menores. Todavia puede llamarnos o entrevistarse con nosotros en cualquier momento mientras dure este proceso. 1,Como puedo saber si se ha iniciado un proceso formal? Cuando se inicia el proceso de aplicaci6n de la ley formal, le enviaremos un oficio denominado "Notificaci6n de Aplicaci6n de la ley" (NOE). El NOE le dice claramente que estamos iniciando la aplicaci6n de la ley formal. No ignore este oficio-responde inmediatamente. Consulte "Ponlo por Escrito" en la contraportada interna para mayor informaci6n de c6mo comunicarse con nosotros. 1,Qui ocurre durante la aplicacion de la ley formal? La aplicaci6n de la ley formal puede tener como resultado uno de tres distintos tipos de 6rdenes de la comisi6n: + Puede negociar un convenio con nosotros para corregir las violaciones y probablemente pagar una multa. Los comisionados de la TCEQ autorizan este convenio emitiendo una "Orden de Convenio". + Puede solicitar una audiencia judicial ante un juez de la Oficina Estatal de Audiencias Administrativas (SOAH). Despues de esta audiencia, la TCEQ emitira una orden administrativa. Esta orden pudiera obligarle a pagar una multa y a corregir las violaciones. + Si deja de comunicarse con nosotros, los comisionados de la TCEQ habran de emitir una orden par incumplimiento. En otras palabras, debido a su negativa a responder, ha dejado pasar su oportunidad de argumentar tu caso y te veras obligado a pagar una multa y a corregir todas las violaciones. Una vez que haya cumplido con la orden emitida, se da par terminado el proceso de aplicaci6n de la ley. 1,Como puedo llegar a un convenio con la TCEQ? Nosotros le enviaremos un oficio que incluya la propuesta de un arreglo. A esta propuesta le denominamos "propuesta de orden par convenio". Esta orden le darn la siguiente informaci6n: + cuanto debera pagar por concepto de multa + que debe hacer para corregir las violaciones + el tiempo que se le da para corregir las violaciones, 1 Estas multas se denominan "sanciones administrativas". Por simplificaci6n, en este folleto las hemos llamado "multas". lo cual tambien se le conoce como "estipulaciones de cumplimiento". Si est.a de acuerdo con las condiciones de este orden, simplemente la fuma sin bacerle ningun cambio y la devuelve junto con el pago de la multa en un plazo de 60 dfas a partir de la fecba del oficio. Esta es la forma en que puede arreglar su caso sin recurrir a un abogado y sin audiencia judicial. Si no est.a de acuerdo con los terminos de este convenio propuesto, entonces debe hablar con la persona sefialada como contacto en la caratula del oficio. Pide que se programe una junta para discutir sus preguntas. ;,A cuanto podria ascender mi multa? Puede encontrar los lineamientos que los comisionados utilizan para determinar las cantidades de estas multas en la publicaci6n RG-253 Penalty Policy (P6litica de Sanciones) de la TCEQ. Para obtener un ejemplar gratuito de la RG-253, envie un fax con su pedido al 512/239-4488, llame a TCEQ Publications al 512/239-0028, o consulte la secci6n de •'Publications" en nuestra pagina del Internet: iPongue Parte de su Multa a Trabajar en su Casal En lugar de pagar parte de su multa, jquizas puede aprovecbar para mejorar el medio ambiente en su comunidad! Esta opci6n se denomina "proyecto ambiental suplementario", o SEP. Puede utilizar hasta la mitad de la multa para realizar o apoyar un SEP. Hasta las empresas pequeiias pueden participar al contribuir a un fondo que se utilizara para financiar un SEP. Participar en un SEP no disminuye su desembolso, pero le permite ejercer la opci6n de decidir donde se utilizara el dinero. Para conocer mas acerca de c6mo calificar para este program.a, comunfquese con el coordinador de SEPs al 512/239-3400. ;, Y si no puedo pagar la multa? Si cree que no puede pagar la multa propuesta, puede pedir a nuestro personal que consideren una o mas de tres posibles altemativas-una multa menor, un plan de pagos, o una multa diferida. Pero tenga en cuenta que los comisionados de la TCEQ son quienes tienen la Ultima palabra sobre estas decisiones. Pueden autorizar, denegar o ajustar cualquier soluci6n que negocie con nuestro personal. 3 Como Reducir Su Multa Si no puede pagar todo o parte de la multa propuesta, entonces debe declarar la "incapacidad financiera para pagar". Para saber como presentar esta declaraci6n, comunfquese inmediatamente con la persona que se indica en el oficio que contiene el orden de convenio propuesto. Le enviaremos una lista de los documentos que debera enviamos antes de que podamos evaluar su posici6n. Si nuestros contadores consideran que no puede pagar la multa propuesta, entonces modificaremos el orden de convenio propuesto para que la multa este razonablemente dentro de sus posibilidades conforme a sus documentos. Aun . asi, debera corregir las violaciones en el tiempo mencionado en la orden-y notificarnos cuando los baya llevado a cabo. Si no cumple con la orden, debera pagar la porci6n restante de la multa original. Como Crear un Plan de Pago Si no puede realizar el pago de la multa estipulada en una sola cuota, puedes solicitar una modificaci6n a nuestra orden para contemplar el pago en cuotas mensuales de basta 12 maxim.as. Como Diferir Parte de su Multa Si diferimos una parte de su multa, aun tiene que pagar inmediatamente parte de la multa. Sin embargo nos acordaremos en esperar hasta una fecba mencionada en el orden para cobrar la suma restante. En esa fecha, si ha cumplido con ciertos requisitos estipulados en su orden, suspenderemos el balance sobrante. En algunos casos podemos ofrecer la opci6n de multa diferida, pero no en todos los casos. Para saber si reune los requisitos para considerar la multa diferida, comuniquese inmediatamente con la persona que se menciona en la orden de convenio propuesto. Si no llegamos a un c:onvenio, ;,puedo solicitar una audiencia? Cuenta con 60 dias naturales a partir de la fecha en la orden de convenio propuesto para llegar a un acuerdo con nosotros. Si para entonces aun no podemos llegar a un acuerdo, asignaremos su caso a un abogado en nuestra Divisi6n de Litigios. Este abogado emitira un documento denominado "Petici6n y Reporte Preliminar del director ejecutivo" (EDPRP). Este documento es la sefial de que nos estamos preparando para una audiencia-si lo pide-o de que vamos a solicitar a los comisionados que emitan una orden en tu contra. Enviaremos el EDPRP con una carta de caratula. Esta carta de caratula le informara sobre sus derechos de ley. Al recibir el EDPRP cuenta con 20 dias naturales para solicitar una audiencia. Su solicitud debera ser por escrito-por ejemplo, "Solicito una audiencia". Si no solicita esta audiencia dentro del plazo de 20 dias, los comisionados de la TCEQ podran emitir una orden por incumplimiento en contra suya Esta audiencia tendni lugar frente a un juez de la SOAH y es oficial-muy similar a un proceso civil. Cada parte presentara su caso, podni Damar testigo~, y podra interrogar a los testigos de la otra parte. Si pido una audiencia, c,pierdo mi oportunidad de llegar a un arreglo? No. Alln si solicita una audiencia, todavia puede discutir su caso con nosotros por tel~fono o en una junta Nosotros trataremos de llegar a algun arreglo. Si usted y nuestro personal siguen sin poder llegar a algun arreglo, le pediremos a la SOAH que programe la audiencia que haya solicitado. c,Qui ocurre al final de la audiencia? Despu~ de la audiencia, el juez emite una recomendaci6n , a los comisionados.de la TCEQ soble la orden de aplicaci6n de la ley. Los comisionados de la TCEQ consideraran esta recomendaci6n y tomaran una decisi6n final para emitir, denegar, o modificar aplicaci6n de la decisi6n del juez. A fin de cuentas: c,Como evito sorpresas desagradables? Man~ngase en comunicaci6n con nosotros hasta que su caso quede resuelto. Sabemos que la aplicaci6n de la ley no es facil de sobrellevar, pero hacemos lo posible por llegar a decisiones justas, fundamentadas en informaci6n completa y veraz. Lograr esto depende en gran medida de lo que nos indique soble c6mo y cuando se ban de corregir las violaciones. Y recuerda-nuestra Divisi6n de Asistencia Ambiental para la Pequefia Empresa (SBEA) o a la oficina regional de la TCEQ en su localidad, quizas podrian asesorarle si necesita poner al corriente su planta para cumplir con el 4 reglamento. Llama a la SBEA al 1-800-447-2827 o comuniquese a la oficina regional que corresponda a su localidad para mayor informaci6n sobre toda el apoyo gratuito que le podemos ofrecer. No necesita estar sujeto a una orden de aplicaci6n de la ley para aprovechar esta asistencia iPonlo por Escrito! Puede-y deberia-llamamos para obtener una respuesta mas rapida, pero una llamada telef6nica no protegera sus derechos legales. Siempre que nos hable acerca de su caso de aplicaci6n de la ley, dele seguimiento a su llamada con una carta. En su carta, cubre los puntos principales de la conversaci6n telef6nica. Por ejemplo: · La presente es para confirmar nuestra llamada telef6nica del [dfa y hora] durante la cual convenimos en reunirnos el pr6ximo [fecha, hora y Lugar] para discutir los resultados de la inspecci6n que realiz.aron en nuestra planta Manifiesto mi inconformidad con los siguientes puntos del informe de inspecci6n: [Escriba Los puntos con los que este en desacuerdo]. Una Carta de seguimiento es una manera sencilla de confirmar que nos hablO-ademas nos permite, a usted y a nosotros, asegurarnos de que entendimos lo que se convers6. La intenci6n de este folleto es proporcionarle un pan- orama general del proceso de aplicaci6n de la ley de la TCEQ. Debido a que cada caso es distinto, no es posible cubrir aqui todos los detalles que pudieran aplicar a su caso. Lee este folleto para obtener un entendimiento basico de sus derechos y responsabilidades en este proceso, pero por favor, tome en cuenta que a veces pueden haber excepciones a estas reglas. PHASE II MS4 STORM WATER PERMITS Small Municipal Separate Storm Sewer System What is an MS4? ... A conveyance or system of conveyances ... owned by a state, city, town, or other public entity that discharges to waters of the U.S. and is: 1> Designed or Used for Collecting or Conveying Storm Water t> Not a Combined Sewer t> Not Part of a Public ly Owned Treatment Works (POTW) Municipal Separate Storm Sewer System Phase I vs. Phase II ... Phase I MS4s -=-= k: ~ t> Municipalities With Population ~ 100,000 t> Existing Individual NPDES Permits ... Phase II MS4s t> "Small" MS4s Serving a Population ~ < 100,000 ¥ ~ t> Phase II General Permit (TXR040000)~ Small Municipal Separate Storm Sewer System What Small MS4s are required to be pennitted? ... All MS4s Located in an ''Urbanized Area" Including Systems at: t> Military Bases t> Large Hospital and Prison Complexes t> Highways and Other Thoroughfares • 40 CFR §122.32(a)(l) .,. Any MS4 Designated by TCEQ t> 40 CFR § 122.32(a)(2) Small Municipal Separate Storm Sewer System _________________________ ......... _____ __ Definition of"Urbanized Area" (UA) ... A UA is a central place (or places) in which the adjacent densely settled surrounding area together have: t> A minimum residential population of 50,000 people, and t> An overall population density of at 5 c:;g least 1,000 people/square mile. ""~ ...... Small Municipal Separate Storm Sewer System Designation by the TCEQ ... Designation Criteria Listed in Permit ... Application Process in Permit ... No Additional MS4s Designated P '1 IS.I Small Municipal Separate Storm Sewer System TCEQ Designation Criteria .. Controls are necessary: !> For source water protection of public drinking water resources based on the results of source water assessments by the TCEQ !> To protect sea grass areas of Texas bays as delineated by the Texas Parks & Wildlife Department !> To protect receiving waters designated as having an exceptional aquatic life use Small Municipal Separate Storm Sewer System TCEQ Designation Criteria, continued • Controls are necessary: • Because pollutants of concern are expected to be present in discharges to a receiving water listed on the Clean Water Act Section 303(d) list based on an approval total maximum daily loading plan • Because discharges from an adjacent small MS4 is determined by the TCEQ to be significantly contributing pollutants to the regulated MS4 "" • After considering additional factors related to the e - environmental sensitivity of receiving watersheds ~~ .... Small Municipal Separate Storm Sewer System Permit Requirements ,.. Must Develop, Implement, and Enforce a Program To: !> Reduce the Discharge of Pollutants to the Maximum Extent Practicable !> Protect Water Quality !> Satisfy the Appropriate Water Quality Requirements of the Clean Water Act i' "'1 iii Small Municipal Separate Storm Sewer System Permit Requirements ... SWMP Must Include: 1> Six Minimum Control Measures 1> Evaluation I Assessment Efforts 1> Record Keeping Small Municipal Separate Storm Sewer System Six Minimum Control Measures .,. Public Education and Outreach .,. Public Involvement/Participation .,. Illicit Discharge Detection and Elimination .,. Storm Water Management for New Development and Redevelopment .,. Construction Site Storm Water Runoff Control .,. Pollution Prevention/Good HousekeepingP 1 for Municipal Operations '9 Small Municipal Separate Storm Sewer System Optional 7th Minimum Control Measure ... Authorization for Municipal Construction Activities 1> Construction Authorized Under TXR040000 Rather Than TXRI 50000 1> Authorization Only for MS4 Operator rm !-~ '9 Small Municipal Separate Storm Sewer System Comments on the Draft Permit .,.. "To the extent allowable under state and local law" .,.. Major Outfalls ... Storm Sewer System Map .,.. Annual Reports t> Calendar Year .,.. "Serves a population of' Small Municipal Separate Storm Sewer System Application Requirements ... Notice of Intent r> Operator Information r> Billing Information r> SWMP Contact Information r> Certification ... Initial Storm Water Management Program (SWMP) ~ ~ Small Municipal Separate Storm Sewer System What is an Initial Storm Water Management Program? ... SWMP that Includes: r> Programs Developed at Time of Submittal •BMPs •Documents • Training materials •Measurable goals r> Time Line for the Development and Implementation of All Programs and Control Measures Waivers for Small Municipal Separate Storm Sewer Systems Two waivers available for Small MS4s ... Waiver 1 for Small MS4s Serving a Population Less Than 1,000 Located in a UA 1> Part II, Section F of the Draft Permit t> 40 CFR §122.32(d) ... Waiver Form Available Waivers for Small Municipal Separate Storm Sewer Systems Two waivers available for Small MS4s ... Waiver 2 for Small MS4s Serving a Population Less Than 10,000 Located inaUA 1> Part II, Section F of the Draft Permit t> 40 CFR §122.32(e) ... Waiver Form Not Available -Must Work with TCEQ M Small Municipal Separate Storm Sewer System Permit Options ~ ..,... ... Applicants Must Develop Their Own SWMP 1> Implementation by the Applicant, or 1> Implementation Through a Third Party Participant ... Implementation Remains the Responsibility of the Applicant n as Small Municipal Separate Storm Sewer System Deadlines and Time Frames ~ MS4s Located in UAs t> Permit Coverage Within 90 Days of Permit Issuance ~ Designated MS4s t> Permit Coverage Within 180 Days of Notice ~ Full Implementation of Program t> Within 5 Years of Permit Issuance f' "1 - For More Information ........... ____________________ __ • Storm Water & General Permits Team (512) 239-4671 • Small Business & Local Government Assistance Program (512) 239-1066 or (800) 447-2827 • Information Resources (512) 239-DATA • www.tceg.state.tx.us E> Subject Index E> Storm Water ¥[)( Ww ~1~~o:t& ~ 1vf lddC 9n&1{1ctaQ ~ m~ q~~( r ~~q~ ~Kr tnfuah11r ~ &l0act~Oh. ~~& ~t ~( l ~ ~fuc( f 1mh l~f ~ REFERENCES References for Small Municipal Separate Storm Sewer Systems Texas Commission on Environmental Quality Hotline (for updates on storm water permitting issues) -(512) 239-3700 Storm Water & General Permits Team -(512) 239-4671 24-hour Complaint Hotline (toll free) -(888) 777-3186 http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/ms4.html Texas Source Reduction and Waste Minimization Resources Pollution Prevention http://www.srwm.org/ Storm Water Center http://www.stormwatercenter.net/ National Storm Water BMP Database http://www.bmpdatabase.org/ EPA's Measurable Goal Guidance http://www.epa.gov/earth 1 r6/6wq/npdes/sw/ms4/mgoals. pdf Urban Storm Water Best Management Practice Study http://www.epa.gov/waterscience/stormwater/ Texas Non-Point Source Book http://www.txnpsbook.org/ Galveston Bay Estuary Program -SWMP http://gbep.tamug.edu/locgov/swmp.html EPA Region 3 Storm Water Pollution Prevention http://www.epa.gov/reg3wapd/stormwater/index.htm EPA Region 10 Storm Water Best Management Practices http://yosemite.epa.gov/R10/WATER.NSF/95537302e2c56cea8825688200708c9a/99535c0504eb03498 8256ace006aOOe4?0penDocument EPA's National Menu of Best Management Practices for Storm Water Phase II http://cfpub.epa.gov/npdes/stormwater/menuofbmps/menu.cfm City of Chattanooga Best Management Practices http://www.chattanooga.gov/stormwater/BMPs/ Storm Water Management Financing http://stormwaterfinance.urbancenter.iupui.edu/ California Environmental Protection Agency Menu of Best Management Practices http://www.swrcb.ca.gov/stormwtr/bmp database.html Municipal Research and Services Center of Washington http://www.mrsc.org/Subjects/Environment/water/SW-BM P .aspx Links to Storm Water Sites http://www.epa.nsw.qov.au/stormwater/links.htm Storm Water Management in North Central Texas http://www.dfwstormwater.com/ Fort Worth Storm Water Quality http://ci.fort-worth.tx.us/DEM/stormpq.htm University of Texas Storm Water Management http:/ {www .utexas.edu/safetv/ehs/water/ Carrollton Connections Storm Water Management http://www.ci.carrollton.tx.us/publicsafetv/environmentalservices7envquality/swmhome.shtml Storm Water Reporter Resources Link http://www.stormwaterreporter.com/resourcelinks.html Clean Water Clear Choice http://www.cleanwaterclearchoice.org/ PHASE II MS4 · INVESTIGATIONS >-19 Investigators in 16 Regional Offices >-Conduct inspections at industrial facilities, construction sites, and MS4s >-Inspect Permitted AND Unpermitted Facilities 1 • .....,.,.., ,_......,. )·Mi'.Ot ,_...._ ~-~ •·Cr.a '·~ 1-$,i.a~ lb·&c<ioc-:l·A~:I ;: .Ji,:,w,,. l'.\·S...-- :~.c~Cnr.ii l.j.)bf~ !'-· L:wNo ·d >Review of the Storm Water Management Program >Is timeline in place and being followed? >Are revisions to the timeline current? >Industrial Facilities discharging to your MS4. may be investigated • >Public Education and Outreach •>Public Involvement/Participation •>Illicit Discharge Detection/Elimination •>SW Mgmt for New DevelopmenURedevelopment •>Construction Site Storm Water Runoff Control 4..l'-1--- • >Pollution Prevention/Good Housekeeping at Municipal Operations >If violations are documented, facility is issued an NOV or an NOE depending on the severity of the violations >Timeframe is set for a response >Investigator is the point of contact for response to NOV --;;37 22 EZPZ?GZ -· "F7 rzz ..,.. >Opportunity for facihty-'10 ppeal violations only if respondent has new information >If there is no response or inadequate response to the NOV, the respondent referred to Enforcement • >Statuatory maximum is $10,000 per day per violation • > Specific penalties are determined by the enforcement division •>See RG-344 "The TCEQ Has Just Inspected My Business"for details on the enforcement process Contacts for Stormwater Issues San Antonio Water Systems (SAWS) Robert Martinez, Resource Compliance Division Manager Phil Handley, Construction Compliance Supervisor Martin Miller, P 0 Box 2449 (1001 East Market) San Antonio TX 78298-2449 Kathy Prenzler, Registered Sanitarian 517 Mission Road San Antonio TX 78210-3856 City of Corpus Christi Storm Water Division City of Austin Roxanne Jackson, NPDES Coordinator Watershed Review and Protection Kenneth AuBuchon, Investigator Mike Micshaud, Manager Environmental Protection Agency (EPA) -Region 6 10625 Fallstone Road Houston TX 77099-4303 Oklahoma City Storm Water Quality Environmental Unit Raymond Melton, Specialist Tracie Garcia, Technician/Outreach Coordinator 420 West Main, 7th floor 210-704-7297 210-704-1103 210-704-1158 www.saws.org The brochure "Guidelines for Construction Activities in San Antonio" is excellent. It contains color photos ofBMP "do"s and "don't"s in addition to basic permitting requirements and city ordinances. 210-704-1165 kprenzler@saws.org 361-857-1875 Both Corpus and Austin have public outreach and education information as well as sample inspection forms, ordinances, etc. 512-974-1918 281-983-2151 405-297-2581 405-297-1887 405-297-1780_ aubuchon.kenncthl@epa.gov raymond.melton@ci.okc.ok.us tracic. garcia@ci.okc. ok. us Oklahoma City, OK 76102 These folks have an outstanding program. They were presenters at the EPA training event in Sept. '02 that many TCEQ staff attended. . . "" STORM MANAGEMENT PLAN COMMITTEE NAME TITLE ADDRESS E-MAIL PHONE# Albrecht, Ross " ~'1f11'1 ~i..ar \)o B~ 99L10 GS r .,l ? 7'#-L . 97) -"'7r;,,{ .. 3'//LJ ~~J "~\~<€ck.A--e cstic..;..,o.J :<::i-.,.:( Albright, Bruce Ale xander, Elaine EJVv .. u ~ li,Jf}f- -Alf!/' ,_ J l ~"I $1(f15t.IL. f'rv4, ~ 29 t: /1J_.fj,,..f_ ...,, _ _,,~ Ut.J(.,l .. Q;t& f) k~. s-µ_. ·4-·t. v j .:29-f.-71.t /-j P II l/ Beachy, Steve -1 ~- Bennett, Bob -- Best, Samantha -~ 1a.wf1 ~AhkrulPAJ-~~~~~q~~2-~be&t-~ff.aov ·~ qiq ... 7 {a <l-8'n<g (<...[ ,~ .. Bingham, Curtis h. ., . IJ A v t) Pp ~i-< ~$ f CJ. t>"x 41k!'J CS:7J< 7nl'I 2-cJ.;,-L_,_ ta c.sfN 4h vT '17b -76'!-!;i# ti 4!>c. .Al..-; ..,..., ~-.._./ 4_,,"f Carter, Kimberly , -. , , r ,,.."'-t .. -~ Gna 1 (\('_er ' ,, ,., l<cn r\4-1 ~ r .c.. he °' ml ' Cf?q-7~ cf_-'Ji tfi\ Gaston, Louis ~ PYA"1 _v I ' E::JJ.lll-0 /N c., I NS p P, t? ~OK /OUO ~~~f..n e ~l'Yf... ~ ZOt::f-~~ Tex Gibbs, Alan "· ~~~ ,,. ... > ~"' ""~~'-'-sec.\ ·l-r-7---fx.ws ~ • 2.eiPI • 9:> -l-1 Goldapp, Karl Harmon, Donald ~,4/lt)v,f7i5 £A/GI " _,.,,. " ,·-:-~ .oil/l,,er?c..J D c.s r x . ~s'W q7r-76~ -3£C/o " Harris, Laura ~ 1o J, I 1AkC::. .... "" //vm?'s e~d-x. aoV --1~/BiflO '"' -r-1:,. ... -v •... /\ • .. Heath, Charlene ' v u Huff, Linda ~r,.; " l.t'iu f:\\tt1ne· •· · -~ 7nq3 /).Ju~ Ci,¢ AN1n%5~ P :C1. &-u ooo. £M\ 1l "'1161 . ::LC>l-50~0 Jurica, Mark 'f I I I I Kamps, Ray ""~~ CbisJt4-:·•~(!-f. O.PF( (070 2-u;. f'A 7$: ' r J(.Q ~P JG -t-'l' c. y ~tr.co"' (<'~7Cf) 77g-qgor l Kasper, Paul Liner, Stacy Luedke, Mark . . ....... • NAME TITLE ADDRESS E-MAIL PHONE# McCully, Brett 4i1 Mies, Jon Morgan, Veronica lfeRR/ ~ '1.IIYLt::/,U<NDf..(O t?~tV I CCJl"-1 v@ Mosley, Bob Porter, Polly Reynosa, Richard Schenk, Roger . ~-G I z ~ ?l-1 & --11 00 Scott, Ashley Sikorski, Danny Simms, Lance --. Smith, Mark Templin, Kelly Urso, Paul Wallace, Marshall Wellman, Kelly fNVJRotJ~fNf1\t... 9/9-W8-S93 Memo To: Local Executive Officers rl -TEXAS ASSOCIATIOt\ --OF-- fiUILl)ERS 510 West 15th Street Austin, Texas 78701 Ph: (512) 476-6346 Fax: (512) 476-6427 From: Jay Dyer, Regulatory and Legislative Counsel, Texas Association of Builders CC: Senior Officers, Kristi Sutterfield, Sarah Senterfitt, Johnny Combs Date: 3/3/2003 Re: TCEQ Phase II Storm Water Regulations As many of you know, on March 5, 2003 the Texas Commission on Environmental Quality (the "TCEQ") is expected to adopt storm water regulations that are expected to fulfill what is known as "Phase II" of the EPA' s storm water program. These regulations will take effect on March 10, 2003 . The EPA's storm water program consists of two main components. These components have been informally referred to as "Phase I" and "Phase II." Phase I of the storm water program has been in existence for some time and requires, among other things, that a construction site that is part of a development of five acres or more must obtain permit coverage, develop and implement a storm water plan and program, perform inspections and install certain controls to prevent pollution. Phase II of this program, which will become effective on the effective date of the rules that are adopted by the TCEQ on March 5, 2003 (i.e. March 10, 2003 ), will essentially expand the scope of the storm water program and require smaller construction sites, specifically those that are part of a development that is at least one acre in size, to obtain coverage under the TCEQ's storm water permit. Although the final TCEQ regulations that will take effect on March 10, 2003 will not be available until after they are adopted on March 5, 2003 , there are some steps that builders and operators can take now to help ensure that they will be in compliance with these Phase II regulations once they become effective. This memorandum is intended to provide you and your builder members with an idea as to what to expect from these regulations, and to offer some suggestions so that your builder members may increase the likelihood of their being in compliance with these new regulations once they become effective. Please be advised that this memorandum is not, and is not intended to be, a comprehensive overview of the TCEQ's new storm water requirements. Specific questions about whether a project is or should be covered by these regulations can result in complicated answers that may require a complete understanding of the facts involved. Therefore, specific questions should be addressed to the TCEQ at the number below. Large Construction Activity ("Phase I"). The TCEQ's storm water permit will provide that "large construction activities" are subject to the TCEQ's regulations. A "large construction activity" is a construction activity that includes the clearing, grading and excavating of land that results in the disturbance of at least five acres, or any activity that includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or ~ale if the larger common plan will ultimately disturb equal to or greater than five acres of land (emphasis added). Therefore, it is quite likely that a builder of one house in a large subdivision may be required to comply with these provisions of the TCEQ-issued permit, even though the particular builder is not involved in the disturbance of more than five acres. If a builder is engaging in large construction activities as of March 10 , 2003 , then the existing EPA storm water permit already covers the builder, although this permit is set to expire on July 7, 2003. If such a builder will complete the ongoing large construction activity on or before the 901h day after March 10, 2003 (which is approximately June 8, 2003), then the builder must simply notify the TCEQ's executive director within 30 days after the completion of the large construction activity. If the large construction activity is expected to continue beyond this 90-day period, then the builder must submit a Notice of Intent ("NOi") to the TCEQ before the expiration of this 90 -d ay period. The builder must then continue to comply with the requirements of the currently issued EPA storm water permit until such time as the builder becomes subject to the one issued by the TCEQ on March 10, 2003. Any large construction activities that begin on or after March 10, 2003 must comply with the terms of the permit that is issued by the TCEQ, not the EPA. This means that operators of large construction activities that begin on or after March 10, 2003 must file an NOi with the TCEQ and develop and implement a storm water pollution prevention plan ("SWP3") that complies with the provisions of the TCEQ-issued permit before beginning construction. Small Construction Activity ("Phase II"). The TCEQ regulations will also apply to "small construction activities." "Small construction activity" means a construction activity that includes clearing, grading and excavating land that results in the disturbance of equal to or greater than one, but less 2 than five, acres of land, or any activity that includes th e di sturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one, but less than five, acres of land (emphasis added). Therefore, it is quite likely that a builder of one house in a large subdivision may be required to comply with these provisions of the TCEQ-issued permit, even though the particular builder is not involved in the disturbance of more than one, or less than five, acres of land. Any small construction activity that commences on or after March 10, 2003 must be authorized by the TCEQ-issued permit. Similarly, any small construction activity that is ongoing as of March 10, 2003 (regardless of when it started or when it wi ll be completed) must also obtain coverage under the TCEQ issued permit. The requirements under the TCEQ issued permit for small construction activities can vary, and the terms of the TCEQ permit should be consulted before any such activities are commenced or continued. However, it is possible to make some general comments about the TCEQ's requirements for small construction activities. First, the TCEQ permit will state that certain small construction activities that meet certain criteria are deemed to occur during periods where there is a low potential for erosion, and these small construction activities may be automatically authorized under the general permit. In such circumstances, the operators of these sites would not be required to either develop or implement a SWP3 or file an NOi with the TCEQ. Second, for those small construction activities that do not meet the above described criteria, the operators of these sites will not be required to file an NOi with the TCEQ provided that they (i) develop and implement a SWP3, (ii) sign and post at the construction site a notice in a form approved by the TCEQ and (iii) provide a copy of such notice to the operator of any municipal separate storm sewer system receiving discharge from such site. If a small construction activity fai ls to meet one of the above- described requirements, then the small construction activity will be required to file an NOi with TCEQ. Finally, it is possible for the operator of a small construction activity to obtain a waiver from the TCEQ of otherwise applicable permit requirements if the operator of such a small construction activity is able to meet certain criteria. Any builder that requests a waiver of the TCEQ's requirements should consult the terms of the TCEQ storm water permit, as such permit is finally issued, and contact the TCEQ with regard to such request. "Common Plan of Development." The above requirements demonstrate that there are two obvious questions that must be asked and answered when determining whether, or to what extent, a builder must comply with the terms and provisions of the TCEQ permit. First, there is the question of whether a proj ect is or will be a part of a "common plan of development." Second, if a project is a part of a "common plan of development," is this "common plan of 3 development" (i) less than one acre, (ii) greater than or equal to one acre, but less than five acres or (iii) greater than five acres? The first question is a fact-intensive one and therefore it will require the builder to evaluate each project on a case-by-case basis. However, if a question arises as to whether or not a project is part of a "common plan of development," the safer practice may be to assume that it is, and then follow the procedures set forth in the applicable permit or regulations. With respect to the second question, the safer practice may be to always err on the side of the largest possible number. For example, if a builder has determined that a project is part of a common plan of development, but the builder is not sure whether the common plan of development is more or less than one acre, then it may be safer for the builder to assume that the common plan of development is greater than one acre, and proceed accordingly. Similarly, if the builder is unsure whether the applicable common plan of development is greater than or less than five acres, then the builder should assume that the common plan of development is greater than five acres and proceed under this assumption. By erring on the side of caution, as described in the above two paragraphs, builders may reduce the risk that the EPA, the TCEQ or any other enforcement agency will take the position that the builder is not in compliance with the applicable storm water regulations. Storm Water Pollution Prevention Plans (SWP3). Unless another provision of the permit applies, the operators of both small and large construction activities will be required to develop a SWP3 according to the provisions of the TCEQ-issued permit. Where there is more than one SWP3 for a site, permittees must coordinate to ensure that the practices and controls that are used at the site are consistent. It is the responsibility of each operator to ensure that compliance with the terms and conditions of the TCEQ-issued permit is met in the areas of the construction site where that operator has operational control over construction plans and specifications or day-to-day operational control. Again, while the final rules that will govern what a SWP3 must contain have not been promulgated as of the date of this memorandum, a draft of these rules may be found at www .tnrcc.state.tx.us/permitting/waterperm/wwperm/txrl 50000.pdf. We would encourage you and your builder members to review and familiarize yourselves with these regulations at your earliest convenience, as informal discussions with TCEQ staff have revealed that any changes that may be made to the final rules are not expected to be significant. Therefore, the fact that final SWP3 rules have yet to be promulgated should not preclude, prevent or discourage a builder from taking steps sooner rather than later to begin developing a SWP3. If a builder takes steps now to develop a SWP3, then the builder may have only to make minor changes or modifications to his or her SWP3 once these final rules are published. Such a practice would go a long way in ensuring that the builder will be in compliance with the newly adopted TCEQ rules once these rules become effective on March 10, 2003. 4 Fees. An application fee of $100 must be submitted with each NOI for coverage of a large construction activity. Municipal Enforcement. Phase II of the Storm Water program also expands the number of municipalities that are implicated by the TCEQ's storm water regulations. Please check with your local municipality (ies) to verify whether, or to what extent, it (they) has (have) adopted new regulations that apply to storm water regulation and enforcement. Conclusion. Although the TCEQ's new storm water regulations, which will become effective on March 10, 2003, will not be issued until March 5, 2003, there are nevertheless some steps that builders can take now that will improve their ability to be in compliance with these regulations once they take effect. Specifically, builders that will (or that will likely) be required to comply with the terms of these provisions can, and should, start developing and implementing a SWP3 now in accordance with the draft rules that have already been published by the TCEQ. Then, once the TCEQ has adopted final rules, a builder should review these final rules (which will be available on the TCEQ's website) and ensure that any changes that have been made to the SWP3 provis ions do not affect the SWP3 as drafted by the builder. Also, builders can begin to make determinations as to whether their particular projects are part of a "common plan of development" and, if so, how large these common plans of development are. Finally, builders can take this opportunity to reevaluate their storm water practices, and make a renewed commitment comply with these environmental regulations, and others. For More Information. For more information regarding the TCEQ's Storm Water program, please contact the TCEQ at (512) 239-4527, and ask to speak to someone with the Storm Water Team. 5 • TEXAS CO:MMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 Austin, TX 78711-3087 GENERAL PERMIT TO DISCHARGE WASTE llllder provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code Construction sites located in the state of Texas may discharge to surface water in the state TPDES General Permit NO. TXR.150000 This is a new general permit issued pursuant to Section 26.040 of the Texas Water Code and Section 402 of the Clean Water Act. only according to effluent limitations, monitoring requirements and other conditions set forth in this pennit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of Texas, and other orders of the TCEQ. The issuance of this general permit does not grant to the permittee the right to use private or public property for conveyance of storm water and certain non-storm water discharges along the discharge route. This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. This permit and the authorization contained herein shall expire at midnight five years after the date of issuance. ISSUED AND EFFECTIVE DATE: MAR -----lr-~·..:. ... ~rJ-:::~·: ·-.!::~::~:::!-rr.Lr._... .... _.: ~-._... . .;:-.\. -~--llllllil-----lilll------···· ------- TCEQ General Permit Number TXR150000 Relating To Discharges From Construction Activities Table of Contents Part I. Definitions Page 3 Part II. Permit Applicability and Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 Part III. Storm Water Pollution Prevention Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18 Part IV. Numeric Effluent Limitations ..................................... Page 28 Part V. Retention of Records ............................................ Page 29 Part VI. Standard Permit Conditions ....................................... Page 29 Part VII. Fees ......................................................... Page 30 Appendix A. Periods of Low Potential by County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 31 Attachment I Construction Site Notice for Part II.D. I Waivers ................... Page 32 Attachment 2 Construction Site Notice for Part II.D.2. Authorizations Page 33 Attachment 3 Discharge Monitoring Report for Concrete Batch Plants Page.34 Page 2 TPDES General Permit TXR l 50000 Part I. Definitions Best :Vlanagement Practices -(BMPs) Schedules of activities, prohibitions of practices. maintenance procedures, structural controls, local ordinances. and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements. operating procedures, and practices to control construction site runoff, spills or leaks, waste disposal. or drainage from raw material storage areas. Commencement of Construction -The exposure of soils resulting from activities such as clearing, grading, and excavating. Common Plan of Development -A construction activity that is completed in separate stages. separate phases, or in combination with other construction activities. A common plan of development is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities. Facility or Activity -Any TPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the TPDES program. Final Stabilization -A construction site status where either of the following conditions are met: · (a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or goetextiles) have been employed. (b) For individual lots in a residential construction site by either: (I) the homebuilder completing final stabilization as specified in condition (a) above; or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (c) For construction activities on land used for agricultural purposes (e .g. pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above. Page 3 TPDES General Pem 1t TXR 150000 Large Construction Activity -Construction activities including clearing, grading, a ·1d excavating that result in land disturbance of equal to or greater than five (5) acres of land. Larg1 ~ construction activity also includes the disturbance of less than five (5) acres of total land area tr at is part of a larger common plan of development or sale if the larger common plan will ultimate!) disturb equal to or greater than five (5) acres of land. Large construction activity does not ir d ude routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Larg1: construction activity does not include the routine grading of existing dirt roads, asphalt overlays of< xis ting roads, the routine clearing of existing right-of-ways, and similar maintenance activities. Municipal Separate Storm Sewer System (MS4) -A separate storm sewer sys· em owned or operated by a state, city, town, county, district, association, or other public body created by or pursuant to state law) havingjurisdiction over the disposal of sewage, industrial waste ;, storm water, or other wastes, including special districts under state law such as a sewer district, fl :iod control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal c rganization. Notice of Intent (NOi) -A written submission to the executive director frorr an applicant requesting coverage under a general permit. Notice of Termination (NOT) -A written submission to the executive director frc ·n a permittee authorized under a general permit requesting termination of coverage. Operator -The person or persons associated with a large or small construction acti :ity that meets either of the following two criteria: (a) the person or persons have operational control over construct on plans and specifications to the extent necessary to meet the requirements and co ·1ditions of this general permit; or (b) the person or persons have day-to-day operational control of thos<: activities at a construction site which are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities require< by the Storm Water Pollution Prevention Plan or comply with other permit condi ~ons). Permittee -An operator authorized under this general permit. The authorization ·nay be gai ned through submission of a notice of intent, by waiver, or by meeting the requirement; for automatic coverage to discharge storm water runoff and certain non-storm water discharges. Point Source-Any discernible, confined, and discrete conveyance, including but no limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stoc c concentrated animal feeding operation, landfill leachate collection system, vessel or other floa :ing craft from which pollutants are, or may be, discharged. This term does not include return flow , from irrigated agriculture or agricultural storm water runoff. Page 4 TPDES General Penn it TXR 150000 Pollutant -(from the Texas Water Code. Chapter 26) Dredged spoil. solid waste. incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes. biological materials, radioactive materials. heat, wrecked or discarded equipment, rock, sand, cellar dirt. and industrial, municipal, and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farm land. Pollution -(from the Texas Water Code, Chapter 26) The alteration of the physical. thennal, chemical, or biological quality of. or the contamination of, any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water fo r any lawful or reasonable purpose. Runoff Coefficient -The fraction of total rainfall that will appear at the conveyance as runoff. Separate Storm Sewer System -A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), designed or used for collecting or conveying storm water; that is not a combined sewer, and that is not part of a publicly owned treatment works (POTW). Small Construction Activity-Construction activities including clearing, grading, and excavating · that result in land disturbance.of equal to or greater than one ( l ) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (I) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one ( 1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities. Storm Water -Storm water runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity -Storm water runoff from a construction activity where so il disturbing activities (including clearing, grading, excavating) result in the disturbance of one ( 1) or more acres of total land area, or are part of a larger common plan of development or sale that will result in disturbance of one (I) or more acres of total land area. Structural Control (or Practice) -A pol lution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to : silt fences, earthen dikes, drainage swales. sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protectio n, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State -Lakes, bays, ponds. impounding reservoirs, springs, rivers, streams. creeks, estuaries, wetlands, marshes, inlets, canals. the Gulf of Mexico inside the territorial limits Page 5 TPDES General Pennit TXR 150000 of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation. or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization -A condition where exposed soils or disturbed areas are provided a protective cover, which may include temporary seeding, geotextiles, mulches. and other techniques to reduce or eliminate erosion until either final stabi lization can be achieved or until further construction activities take place. Waters of the United States -(from title 40, part 122, section 2 of the Code ofFederal Regulations) Waters of the United States or waters of the U.S. means: (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, play a lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: ( 1) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; ( e) tributaries of waters identified in paragraphs (a) through ( d) of this definition; ( f) the territorial sea; and (g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Page 6 TPDES General Permit TXR 150000 Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR § 423 . l l (m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Part II. Permit Applicability and Coverage Section A. l. Discharges Eligible for Authorization Storm Water Associated with Construction Activity Discharges of storm water runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Storm Water Associated with Construction Support Activities Discharges of storm water runoff from construction support activities, including concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: (a) the activity is located within a I-mile distance from the boundary of th e permitted construction site and directly supports the construction activity; (b) the storm water pollution prevention plan is developed according to the provisions of this general permit and includes appropriate controls and measures to reduce erosion and discharge of pollutants in storm water runoff from the supporting industrial activity site; and (c) the industrial activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization fo r discharges. 3. Non-storm Water Discharges The following non-storm water discharges from sites authorized under th is general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities; Page 7 TPDES General Pennit TXRI 50000 (b) fire hydrant flushings; (c) vehicle, external building, and pavement wash water where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless spilled materials have been removed; and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, an dust; ( d) water used to control dust; (e) potable water sources including waterline flushings; (f) air conditioning condensate; (g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents. 4. Other Permitted Discharges Section B. I. Any discharge authorized under a separate NPDES. TPDES, or TCEQ permit may be combined with discharges authorized by this permit. Limitations on Permit Coverage Post Construction Discharges. Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization. are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination (NOT) for the construction activity. 2. Prohibition of Non-Storm Water Discharges Except as provided in Part II. A.2., A3., and A4., all discharges authorized by th is general permit must be composed entirely of storm water associated wi th construction activity. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or altemati \ ~ Page 8 TP'.)ES General Pennit TXR 150000 general permit (see Part ILG .3) to authorize discharges to surface water in the state fr om any activity that is determined to cause a violation of water quality standards or is found to cause, or contribute to. the loss of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II. G .2. 4. Discharges to Water Quality-Impaired Receiving Waters. New sources or new discharges of the constituents of concern to impaired waters are not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved Clean Water Act Section 303( d) list. Constituents of concern are those for which the water body is listed as impaired. Discharges of the constituents of concern to impaired water bodies for which there is a total maximum daily load (TMDL) implementation plan are not eligible for this permit unless they are consistent with the approved TMDL and the implementation plan. Permittees must incorporate the limitations, conditions, and requirements applicable to their discharges, including monitoring frequency and reporting required by TCEQ rules. into their storm water pollution prevention plan in order to be · eligible for coverage under this general permit. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges cannot be authorized by this general permit where prohibited by 30 Texas Administrative Code (TAC) Chapter 213 (relating to Edwards Aquifer). (a) For new discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, operators must meet all applicable requirements of. and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit. (b) For existing discharges, the requirements of the agency-approved Water Pollution Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural storm water controls, for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aqui fe r Rule for reductions of suspended solids in storm water runoff are in additio n to the requirements in this general permit for this pollutant. For discharges from large construction activities located on the Edwards Aqui fe r contributing zone, applicants must also submit a copy of the NO! to th e appropriate TCEQ regional office." Page 9 Counties: Comal, Bexar, Medina, Uvalde, and Kinney Williamson, Travis, and Hays TPDES General Permit TXRI 50000 Contact: TCEQ Water Program Manager San Antonio Regional Office 14250 Judson Rd. San Antonio, Texas (210) 490-3096 TCEQ Water Program Manager Austin Regional Office 1921 Cedar Bend Dr., Ste. 150 Austin, Texas (512) 339-2929. 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal, other state, or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example, this permit does not limit the authority of a home-rule municipality provided by Section 401 .002 of the Texas Local Government Code. 8. Indian Country Lands Storm water runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of storm water require authorization under federal National Pollutant Discharge Elimination System (NPDES) regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency (EPA). 9. Oi I and Gas Production Storm water runoff from construction activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline, are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges Page l 0 TPDES Generaf Permit TXR 150000 of stonn water require authorization under federal NPDES regulations. authoriry fo r these discharges must be obtained from the EPA. 10. Stonn Water Discharges from Agricultural Activities Section C. I. Stonn water discharges from agricultural activities that are not point source discharges of stonn water are not subject to TPDES pennit requirements. These activities may include clearing and cultivating ground for crops. construction of fences to contain livestock, construction of stock ponds, and other similar agricultural activities. Deadlines for Obtaining Authorization to Discharge Large Construction Activities (a) New Construction -Discharges from sites where the commencement of construction occurs on or after the issuance date of this general pennit must be authorized, either under th is general pennit or a separate TPDES pennit. prior to the commencement of those construction activities. (b) Ongoing Construction -Operators of large construction activities continuing · to operate after the issuance date of th is pennit, and authorized under NP DES general pennit TXR 100000 (issued July 6, 1998, FR 36490), must submit an NOI to obtain authorization under this general pennit within 90 days of the issuance date of this general pennit. During this interim period, as a requirement of this TPDES pennit, the operator must continue to meet the conditions and requirements of the federal NPDES pennit. If the construction activiry is completed prior to this 90-day deadline, and the site would otherwise qualify for tennination of coverage under that federal NPDES pennit, the operator must notify the executive director of the TCEQ in writing within 30 days of that condition. 2. Small Construction Activities (a) New Construction -Discharges from sites where the commencement of construction occurs on or after the issuance date of this general pennit must be authorized, either under this general pennit or a separate TPDES pennit. prior to the commencement of those construction activities. (b) Ongoing Construction -Di scharges from ongoing small construction activities that commenced prior to March l 0, 2003, and that would not meet the conditions to qualify for tennination of this pennit as described in Part 11.E. of this general pennit. must be authorized, either under this general pennit or a separate TPDES pennit, prior to March 10, 2003. Page l l Section D. I. ) ' TPDES General Penn it TXR 150000 Obtaining Authorization to Discharge Small construction activities are determined to occur during periods oflow potentia l for erosion, and operators of these sites may be automatically authorized under this general permit and not required to develop a storm water pollution prevention plan or submit a notice of intent (NOi), provided: (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed, including either final or temporary stabilization of all disturbed areas, within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion, final stabilization activities have been initiated and a condition, of final stabilization is completed no later than 30 days following the end date of the time frame identified in Appendix A for the location of the construction site; (d) the permittee signs a completed construction site notice (Attachment 1 of this general permit), including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public, local, state, and federal authorities prior to commencing construction activities, and maintained in that location until completion of the construction activity; ( t) a copy of the signed and certified construction site notice is provided to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities; and (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of storm water runoff or other non-storm water discharges under an individual TPDES permit, another TPDES general permit or under an individual TCEQ permit where storm water and non - storm water is disposed of by evaporation or irrigation (discharges are adjacent to water in the state). 2. Operators of small construction activities not described in Part 11.D. l . above may be automatically authorized under this general permit, and operators of these sites are not required to submit an NOi provided they: (a) develop a SWP3 according to the provisions of this general permit. that covers either the entire site or all portions of the site for which the appli cant Page 12 TPDES General Permit TXR l ~-~000 is the operator. and implement that plan prior to commencing construction activities; (b) sign a completed construction site notice ( Attachment 2 of this general permit); (c) post a signed copy of the construction site notice at the construction site in a location where it is readily available for viewing by the general public. local, state, and federal authorities, prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; and ( d) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities. 3. Operators of all other construction activities that qualify for coverage under this general permit must: (a) develop a SWP3 according to the provisions of this general permit, that covers either the entire site or all portions of the site for which the applicant · is the operator, and implement that plan prior to commencing construction activities; (b) submit a Notice of Intent ( 01), using a form provided by the executive director, at least 2 days prior to commencing construction activities; or (c) if the operator changes, or an additional operator is added after the initial NO! is submitted, the new operator must submit an NO! at least two (2) days before assuming operational control; (d) post a copy of the NO! at the construction site in a location where it is readily available for viewing prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; ( e) provide a copy of the signed NO I to the operator of any municipal separate storm sewer system receiving the discharge, at least two (2) days prior to commencing construction activities; and (f) implement the SWP3 prior to beginning construction activities. Page 13 TPC'ES General Penn it TXR 150000 4. Effective Date of Coverage (a) Operators of construction activities described in either Part II. D. I. or D.2. are authorized immediately following compliance with the conditions of Part II. 0 .1. or 0 .2. that are applicable to ::ie construction activity. (b) Operators of all other construction activities eligible for coverage under this general permit, unless otherwise notified by the executive director, are provisionally authorized two (2) days from the date that a completed NO! is postmarked for delivery to the TCEQ. If electronic submission of the NOI is provided, and unless otherwise notified by the executive director, operators are provisionally authorized 24 hours following confirmation of receipt of the NOI by the TCEQ. Authorization is non-provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. (c) Operators are not prohibited from submitting late NOis or posting late notices to obtain authorization under this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization is obtained. 5. Notice of Change (NOC) Letter If the operator becomes aware that it failed to submit any relevant facts, or submitted incorrect information in an NOI, the correct information must be provided to the executive director in a NOC letter within 14 days after discovery. If relevant information provided in the NOI changes, a NOC letter must be submitted within 14 days of the change. A copy of the NOC must be provided to the operator of any MS4 receiving the discharge. 6. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters, and Construction Site Notices OI forms , NOT forms, NOC letters, and Construction Site Notices must be signed according to 30 TAC § 305.44 (relating to Application for Permit). 7. Contents of the NOI The NOI form shall require, at a minimum, the following information: (a) the name, address, and telephone number of the operator filing the OI for permit coverage; (b) the name (or other identifier), address, county, and latitude/longitude of the construction project or site; Page 14 Section E. TPDES General Perm it TX R 150000 (c) number of acres that will be disturbed (estimated to the la rgest whole number); ( d) whether the project or site is located on Indian Country lands; (e) confirmation that a SWP3 has been developed and that the SWP3 will be compliant with any applicable local sediment and erosion control plans: and (f) name of the receiving water(s). Application to Terminate Coverage Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting a otice of Termination (NOT) on a form supplied by the executive director. Authorization to discharge under this permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided. authorization to discharge under this permit terminates immediately following confirmation ofreceipt of the NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. 1. Notice of Termination Required The NOT must be submitted to TCEQ. and a copy of the NOT provided to the operator of any MS4 receiving the discharge, within thirty (30) days, after: (a) final stabilization has been achieved on all portions of the site that is the responsibility of the permittee: or (b) another permitted operator has assumed control over all areas of the site that have not been finally stabilized; and ( c) all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator if the new operator has sought permit coverage. Erosion controls that are designed to remain in place for an indefinite period. such as mulches and fiber mats, are not required to be removed or scheduled for removal. .., Minimum Contents of the NOT The NOT form shall require, at a minimum, the following information: (a) if authorization was granted following submission of a OL the perrnittees si te-specific TPDES general permit number for the construction site; Page l 5 Section F. TPDES General Permit TXRl50000 (b) an indication of whether the construction activity is completed or if the pennittee is simply no longer an operator at the site; (c) the name, address and telephone number of the pennittee submitting the NOT: ( d) the name (or other identifier), address, county, and latitude/longitude of the construction project or site; and ( e) a signed certification that either all stonn water discharges requiring authorization under this general pennit will no longer occur, or that the applicant to terminate coverage is no longer the operator of the facility or construction site, and that all temporary structural erosion controls have either been removed, will be removed on a schedule defined in the SWP3, or transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. Waivers from Coverage The executive director may waive the otherwise applicable requirements of this general pennit for stonn water discharges from small construction activities under the terms and conditions described in this section. 1. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general pennit where: (a) the calculated rainfall erosivity R factor for the entire period of the construction project is less than five (5 ); (b) the operator submits a signed waiver certification fonn, supplied by the executive director, certifying that the construction activity will commence and be completed within a period when the value of the calculated rainfall erosivity R factor is less than five (5); and (c) the waiver certification fonn is submitted to the TCEQ at least two (2) days before construction activity begins. 2. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit two (2) days from the date that a completed waiver certification fonn is postmarked for delivery to TCEQ. Page 16 TPDES General Penn it TXR l 50000 3. Activities Extending Beyond the Waiver Period Section G. I. If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator. the operator must either: (a) recalculate the rainfall erosivity fa ctor R fa ctor using the original start date and a new projected ending date, and if the R factor is still under five (5). submit a new waiver certification form at least two (2 ) days before the end of the original waiver period; or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.D.2. or Part II.D.3. at least two (2) days before the end of the approved waiver period. Alternative TPDES Permit Coverage Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to Consolidated Permits). Applications for individual permit coverage · should be submitted at least three hundred and thirty (330) days prior to commencement of construction activities to ensure timely issuance. 2. Individual Permit Required The executive director may suspend an authorization or NOI in accordance with -the procedures set forth in 30 TAC Chapter 205, including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorizatio n under this general permit, to apply for an individual TPDES permit because of: (a) the conditions of an approved TMDL or TMDL implementation plan; (b) the activity is determined to cause a violation of water quality standards or is found to cause, or contribute to, the loss of a designated use of surface water in the state: and ( c) any other considerations defined in 30 TAC Chapter 205 would include the provision at 30 TAC & 205 .4(c)(3)(0), which allows TCEQ to denv authorization under the general permit and require an individual permit if a discharger ''has been determined by the executive director to have been out of compliance with any rule, order, or permit of the commission, including non-payment of fees assessed by the executive director." Page 17 3. Section H. TPDES General Permit TXR l 50000 Any discharge eligible for authorization under this general permit may alt emati vely be authorized under a separate, applicable general permit according to 30 TAC Chapter 205 (relating to General Permits for Waste Di scharges). Permit Expiration This general permit shall be issued for a term not to exceed five (5) years. Following public notice and comment, as provided by 30 TAC § 205 .3 (relating to Public Notice, Public Meetings. and Public Comment), the commission may amend, revoke. cancel, or renew this general permit. If the TCEQ publishes a notice of its intent to renew or amend this general permit before the expiration date, the permit will remain in effect for existing, authorized, discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit, permittees may be required to submit an NOi within 90 days following the effective date of the renewed or amended permit, unless that permit provides for an alternative method for obtaining authorization. In the event that the general permit is not renewed, discharges that are authorized under the general permit must obtain either a TPDES individual permit or coverage under an alternative general permit. Part Ill. Storm Water Pollution Prevention Plans (SWP3) Storm water pollution prevention plans must be prepared for storm water discharges that will reach Waters of the United States, including discharges to MS4 systems and privately owned separate storm sewer systems that drain to Waters of the United States, to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site, including off-site material storage areas, overburden and stockpiles of dirt, borrow areas, equipment staging areas, vehicle repair areas, fueling areas, etc., used solely by the permitted project. The SWP3 must describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site, permittees must coordina.te to ensure that BMPs and controls are consistent, and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed. or separate SWP3s are developed for each operator, it is the responsibility of each operator to ensure that compliance with the terms and conditions of this general permit is met in the areas of the construction site where that operator has operational control over construction plans and specifications or day-to-day operational control. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by the different operators at a site is encouraged. Operators must independently submit an 01 and obtain authorization, but may work together to prepare and implement a single comprehensive SWP3 for the entire construction site. Page 18 I. 2. Section B. I. TPDES General Penn it TXR 150000 The SWP3 must clearly list the name and, for large construction ac tivities. the general permit authorization numbers, for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NO! with a general permit authorization number, the SWP3 must specify the date that the NO! was submitted to TCEQ by each operator. Each participant in the shared plan must also sign the SWP3. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan, then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. Responsibilities of Operators Operators with Control Over Construction Plans and Specifications All operators with operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit must: (a) ensure the project specifications al low or provide that adequate BMPs may be developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have operational control over project specifications (including the ability to make modifications in specifications); ( c) ensure all other operators affected by modifications in project specifications are notified in a timely manner such that those operators may modify best management practices as are necessary to remain compliant with the conditions of this general permit; and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and TPDES permit numbers for permittees with the day- to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. In the case that responsible parties have not been identified, the permittee with operational control over project specifications must be considered to be the responsible party until such time as the authority is transferred to another party and the plan is updated. - Page 19 Tl-DES Gt:ncral Permi t TXRl 50000 2. Operators with Day-to-Day Operational Control Section C. I. Section D. l. 2. Operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with a SWP3 and other permit conditions must: (a) ensure that the SWP3 for portions of the project where they are operators meets the requirements of this general permit; (b) ensure that the SWP3 identifies the parties responsible for implementation of best management practices described in the plan; (c) ensure that the SWP3 indicates areas of the project where they have operational control over day-to-day activities; (d) ensure that the SWP3 indicates, for areas where they have operational control over day-to-day activities, the name and TPDES permit number of the parties with operational control over project specifications (including the ability to make modifications in specifications). Deadlines fo r SWP3 Preparation and Compliance The SWP3 must be: (a) completed prior to obtaining authorization under this general permit; (b) implemented prior to commencing construction activities that result in soil disturbance; ( c) updated as necessary to reflect the changing conditions of new operators, new areas of responsibility, and changes in best management practices; and ( d) prepared so that it provides for compliance with the terms and conditions of this general permit. Plan Review and Making Plans Avail able The SWP3 must be retained on-site at the construction site or, if the site is inactive or does not have an on-site location to store the plan, a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection to: the executive director; a federal, state, or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site. Operators of a large construction activity obtaining authorization to discharge through submission of a NO! must post a notice near the main entrance of the Pa ge 20 TPDES General Pennit TXR 150000 construction site. If the construction project is a linear construction project (e.g. pipeline. highway, etc .), the notice must be placed in a publicly accessible location near where construction is actively underway. Notice for these linear sites may be relocated, as necessary, along the length of the project. The notice must be readily available for viewing by the ge neral public, local, state, and federal authorities. and co ntain the following information: (a) the TPDES general permit number for the project (or a co py of the OI that was submitted to the TCEQ if a permit number has not yet been assigned); (b) the name and telephone number of a representative for the operator; ( c) a brief description of the project; and (d) the location of the SWP3 . 3. This permit does not provide the general public with any right to trespass on a construction site for any reason, including inspection of a site; nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Keeping Plans Current The permittee must revise or update the storm water pollution prevention plan whenever: I. 2. Section F. there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the S WP3; or results of inspections or investigations by site operators, operators of a municipal separate storm sewer system receiving the discharge, authorized TCEQ personnel, or a federal. state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. 1. A site description, or project description must be developed to include: (a) a description of the nature of the construction activity, potential pollutants and sources; (b) a description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; Page 21 TPDES General Pennit TXR 15 0000 (c) the total number of acres of the entire property and the total number ofacres where construction activities will occur. including off-site material storage areas, overburden and stockpiles of dirt, and borrow areas; (d) data describing the soil or the quality of any discharge from the site; (e) a map showing the general location of the site (e.g. a portion of a city or county map); (f) a detailed site map (or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all major structural controls either planned or in place; (iv) locations where stabilization practices are expected to be used; (v) locations of off-site material, waste, borrow, fill , or equipment storage areas; (vi) surface waters (including wetlands) either adjacent or m close proximity; and (vii) locations where storm water discharges from the site directly to a surface water body. (g) the location and description of asphalt plants and concrete plants providing support to the construction site and authorized under this general permit: (h) the name of receiving waters at or near the site that will be disturbed or that will receive discharges from disturbed areas of the project; and (i) a copy of this TPDES general permit. 2. The SWP3 must describe the best management practices that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum, the description must include the following components: (a) Erosion and Sediment Controls (i) Erosion and sediment controls must be designed to retain sediment on-site to the extent practicable with consideration for loc::i l Page 22 TPDES General Pennit TXR 150000 topography, soil type, and rainfall. Controls must a lso be designed and utilized to reduce the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (ii) Control measures must be properly selected, installed. and maintained according to the manufacturer's or designer's specifications. If periodic inspections or other information indicates a control has been used incorrectly, or that the control is performing inadequately. the operator must replace or modify the control as soon as practicable after discovery that the control has been used incorrectly, is performing inadequately, or is damaged. (iii) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50%. (iv) If sediment escapes the site. accumulations must be removed at a frequency to minimize further negative effects, and whenever feasible, prior to the next rain event. (v) Controls must be developed to limit, to the extent practicable, offs ite transport of litter, construction debris, and construction materials. (b) Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (i) Stabilization practices may include but are not limited to : establishment of temporary vegetation, establishment of permanent vegetation, mulching, geotextiles. sod stabilizatiqn, vegetative buffe r strips, protection of existing trees and vegetation, and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3, and made readily available upon request to the parties in Part III.D. l of this general permit: (a) the dates when major grading activities occur; (b) the dates when construction activities temporarily or permanently cease on a portion of the site; and Page 23 TPDES General Perm it TXR 150000 (c) the dates when stabilization measures are initiated. (iii) Stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. and except as provided in (a) through (c) below. must be initiated no more than fourteen ( 14) days after the construction activity in that portion of the site has temporarily or permanently ceased. (a) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions. stabilization measures must be initiated as soon as practicable. (b) Where construction act1v1ty on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within twenty-one (2 l) days, temporary stabilization measures do not have to be initiated on that portion of site. (c) In arid areas (areas with an average rainfall ofO to 10 inches), semiarid areas (areas with an average annual rainfall of 10 to 20 inches), and areas experiencing droughts where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably arid conditions, stabilization measures must be initiated as soon as practicable. 3. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off-site transport of eroded soils. (a) Sediment basins are required, where feasible for common drainage locations that serve an area with ten (I 0) or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained. or equivalent control measures, shall be provided where attainable until final stabilization of the site. Where rainfall data is not available or a calculation cannot be performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained is required where attainable until final stabilization of the site. When calculating the volume of runoff from a 2-year, 24-hour storm event, it is not required to include the flows from offsite areas and flow from onsite are as that are either undisturbed or have already undergone final stabilization, if Page 24 TPDES General Penn it TXR 150000 these f1ows are di verted around both the disturbed areas of the site and the sediment basin. In determining whether installing a sediment basin is feas ible. the permittee may consider factors such as site soils, slope. available area on site, public safety, precipitation patterns, site geometry. si te vegetation, infiltration capacity, geotechnical factors, depth to groundwater and other similar considerations. Where sediment basins are not feasible. equivalent control measures. which may include a series of smaller sediment basins, must be used. At a minimum, silt fences. vegetative buffer strips. or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area. (b) Sediment traps and sediment basins may also be used to control solids in storm water runoff for drainage locations serving less than ten (I 0) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction. Alternatively, a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained, or equivalent control measures. may be provided or where rainfall data is not available or a calculation cannot be performed, a · temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained may be provided. 4. Permanent Storm Water Controls A description of any measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of storm water management measures prior to final stabilization of the site or prior to submission of an NOT. 5. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be minimized. (b) The SWP3 must include a description of construction and waste materi als expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction (including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. Page 25 TPDES General Permit TXRl 50000 (d) Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected. 6. Approved State and Local Plans (a) Permittees must ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by federal, state, or loca l officials. (b) S WP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or storm water management site plans or site permits approved by state or local official for which the permittee receives written notice. 7. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled, run-over, removed, or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. 8. Inspections of Controls In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites, inspections must be conducted as soon as access is practicable (a) Personnel provided by the permittee and fami liar with the SWP3 must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, and structural controls for evidence of, or the potential fo r. pollutants entering the drainage system. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every fourteen ( 14) calendar days and within twenty four (24) hours of the end of a storm event of 0.5 inches or greater. Page 26 ~ \,···. ' ·' . ... \ TPDES General Perm it TXR 150000 Where sites have been finally or t..;mporarily stabilized, where run off is unlikely due to winter conditions v~.g . site is covered with snow, ice, or frozen ground exists), or during seasonal arid periods in arid areas (areas with an average annual rainfall ofO !o 10 inches) and semi-arid areas (areas with an average annual rainfall of 10 to 20 inches), inspections must be conducted at least once every month. As an alternative to the above-described inspection schedule of once every fourteen (14) calendar days and within twenty four (24) hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfa ll event since the previous inspection. (b) Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.8.(a) above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be · · inspected at least once every fourteen ( 14) calendar days and within twenty four (24) hours of the end of a storm event of 0.5 inches, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part III.F.8.(a) above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment, or to the end of the project, whichever occurs first. As an alternative to the above-described inspection schedule of once every fourteen ( 14) calendar days and within twenty four (24) hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days . If this alternative schedule is developed, the inspection must occur on 3 specifically defined day, regardless of whether ornot there has been a rain fol l event since the previous inspection. (c) The SWP3 must be modified based on the results of inspections. Js necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and where\·cr Page 27 TPDES General Penn it TXR l 50000 possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable. these changes must be implemented as soon as practicable. ( d) A report summarizing the scope of the inspection, names and qualifications of personnel making the inspection, the dates of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site: locations of BMPs that need to be maintained; locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within, and retained as a part of, the SWP3. Reports must identify any incidents of non- compliance. Where a report does not identify any incidents of non- compliance, the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports) 9. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-storm water components of the discharge. Part IV. Numeric Effluent Limitations Section A. Limitations All discharges of storm water runoff from concrete batch plants that qualify for coverage, and that are authorized to discharge storm water under the provisions of this general permit must be monitored at the following monitoring frequency and comply with the following numeric effluent limitations: Section B. Parameter Total Suspended Solids Oil and Grease pH * If discharge occurs. Reporting Requirements Limitations Daily Maximum 65 mg/l 15 mg/l between 6 and 9 standard units Monitoring Frequencv I/Year* I/Year* I/Year* Results of monitoring fo r determining compliance with numeric effluent limitations must be recorded on a discharge monitoring report (DMR). The DMR must either be an original EPA No. 3320-1 form (Attachment 3 of this general permit). a duplicate of the form, or as otherwise provided by the executive director. Monitoring must be conducted prior to December 31 '1 for each annual Page 28 TPDES General Perrni~ TXR 150000 monitoring period. A copy of the DMR must either be retained at the facility or shall be made readily available for review by authorized TCEQ personnel upon request, by March 31 '1 following the end of each annual monitoring period. If the results indicate the violation of one or more of these numeric limitations. the permittee must also submit the DMR to the TCEQ's Information Resources Center (MC 212) by March 31 ;i of each annual monitoring period. Part V. Retention of Records The permittee must retain the following records for a minimum period of three (3) years from the date that a OT is submitted as required by Part II.D. For activities that are not required to submit an NOT, records shall be retained for a minimum period of three (3) years from the date that either: final stabilization has been achieved on all portions of the site that is the responsibility of the permittee; or another permitted operator has assumed control according to over all areas of the site that have not been finally stabilized. Records include: I. A copy of the SWP3 plan. 2. All reports and actions required by this permit, including a copy of the construction site notice. 3. All data used to complete the NOi. if an NOI is required for coverage under this general permit. Part VI. Standard Permit Conditions I. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued. and is grounds for enforcement action, for terminating coverage under this general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director, upon request and within a reasonable time, any information necessary for the executive director to determine whether cause exists for revoking, suspending, or terminating authorization under this permit. Additionally, the permittee must provide to the executive director, upon request. copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Health and Safety Code §§ 361.032-361.033 and 361.037. and 40 Code of Federal Regulations (CFR) §I 22 A I (i). The statement in Texas Water Code § 26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety, internal security, and fire protection is not grounds for denial or restriction of entry to any part of the Page 29 TPDES General Penn it TXR l 50000 fac ility or site. but merely desc ribes the commission's duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative, civil. and criminal penalties. as applicable. under Texas Water Code §§ 26.136, 26.212, and 26 .213 for violations including but not limited to the following: a. negligently or knowingly violating CWA. §§ 301 , 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CW A,§ 402, or any requirement imposed in a pretreatment program approved under CWA, §§ 402(a)(3) or 402(b)(8); b. knowingly making any false statement, representation. or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance. 6. All re ports and other information requested by the executive director must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. Part VII. Fees Section A. Application Fees An application fe e of $100 must be submitted with each NOi for coverage of a large construction activity. A fee is not required for submission of an NOT or NOC letter. Section B. Water Quality Fees Large construction activities authorized under this general permit must pay an annual Water Quality Fee of$100 under Texas Water Code 26.0291 and according to TAC Chapter 205 (relating to General Permits for Waste Discharges). Page 30 Start Date -End Date Dec. 15 -Feb. 14 Archer Baylor Brown Callahan Chi ldress Coke Coleman Concho Cottle Dimmi t Eastland Edwards Fisher Foard Hardeman Haske ll Irion Jones Kerr Kim ble King Kinney Knox Mason Maverick McCu lloch Menard olan Real Runnels Schleicher Shackelford Stephens Stonewall Sutton Taylor Throckmorton Tom Green Uvalde Wic hita Wilbarger Young Zavala Appendix A. Periods of Low Erosion Potential by County Start Date -End Date ~ov. 15 -Apr. 30 Andrews Armstrong Borden Brewster Briscoe Carson Castro Crane Crosby Dawso n Deaf Smith Ector Fl oyd Gaines Garza Glasscock Hale Hansford Hartley Howard Hutchinson Lubbock Lynn Martin Midland Mitchell Moore Oldham Pecos Potter Randall Reagan Scurry Sherman Sterling Swisher Terrell Terry Upton Start Date -End Date Feb. 1 -Mar. 30 Hall Page 31 Start Date -End Date \'ov. 15 -Jan. 14 or Feb. 1 -:Viar. 30 Crockett Dickens Ken t :V1otley Val Verde Start Date -End Date :\ov. 1 -Apr. 14 or Nov. 15 -Apr. 30 Dal lam Hockle y Lamb Parmer Ward Start Date -End Date \'ov. 1 -Apr. 30 or Nov. 15 -May. 14 Bailey Cochran Jeff Davis Loving Presidio Reeves Winkler Yoakum Start Date -End Date \'ov. 1 -May. 14 Culberson Huds peth Sta rt Date -End Date Jan. l-Jul.14 orMay.15-Jul.31 or Jun.1-Aug.14orJun.15-Sept.14 or Jul. 1 -Oct. 14 or Jul. 15 -Oct. 31 or Aug. 1 -Apr. 30 or Aug. 15 -May. 14 or Se pt. 1 -May. 30 or Oct. 1 -Jun. 14 or \'ov. 1 -Jun. 30 or Nov. 15 -Jul. 14 El Paso Start Date -End Date Jan. 1 -Mar. 30 or Dec. 1 -Feb. 28 Collingsworth Wheeler Donley Gray Hemphill Lipscomb Ochi ltree Roberts Attachment I TPDES General Permit TXR 150000 ---... --- CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part 11.D. l. of the TCEQ General Permit Number TXR 150000 for discharges of storm water runoff from construction si tes . Additional info rmation regarding the TCEQ storm water permit program may be fo und on the internet at: I I rm/ rm/d www. tnrcc.state. tx. us 'oerm1ttm2: wateroe wwne to estorm Contact Name and Phone Number: Project Description: Physical address or description of th e site's oca tion , estimated start date and projected end ~ate, or date that distu rbed soils will be stab ilized ) For Construction Sites Authorized Under Part 11.D .1. the following certification must be completed : -----------------(Typed or Pnn1ed Same Person Completi ng This Cemfication) Certify under penalty of law that I have read and understand the eligi bility requirements for claiming an authorization by waiver under Part II.D. l . of TPD ES General Permit TXRl 50000 and agree to comply with the terms of this perm it. Constru ction activities at th is site shall occur within a time period li sted in Appendix A of the TPDES genera l permit fo r this county, that period beginning on and ending on . I understand that if construction activities continue past thi s period, all storm wate r runoff must be authorized under a separate pro vision of this general permit. A copy of this signed notice is sup plied to the operator of the MS4 if discharges enter an \1 S4 system. I am aware there are significant penalt ies for pro viding false information or for conducting unaut horized di scharges , including the possibility of fi ne and im pri so nment fo r knowing violations. Signature and Title Date Page 32 •' ....... .u~:r.JL' f..•> ~")·. ~ t l.:;.. • Attachment 2 ....._ ---.-... TPDES General Pennit TXR l 50000 CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part 11.D.2. of the TCEQ General Permit Number TXR 150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at : I . I rm! v' d www.tnrcc.state.tx.us ·oerm1ttmg wateme wwoem to estorm Contact Name and Phone Number: Project Description: (Physical address or description of the site 's ocation, estimated start date and projected end date, or date that disturbed soils will be stabilized) Location of Storm Water Pollution Prevention Plan : For Construction Sites Authorized Under Part 11.0.2. (Obtaining Authorization to Discharge) the following certification must be completed: ----------------!Typed or Pri nted :'\ame Person Completing This Cenifica11onl certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D .2. of TPDES General Permit TXR 150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and implemented according to permit requirements. A copy of th is signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are signi fica nt penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Page 33 '• Attachment 3 TPDES Gt!ncral Pl!nnit TXR 150000 CONCRETE BATCH FACILITIES STW/ TXRIS ___ / CO PERMITTEE NAME/ADDRESS (Include Fac1h1y NametLoca1oon 11 D•ff•renl) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NOTE: Enter your permit number in the (NPOES) DISCHARGE MONITORING REPORT (DMR) underlined space in the upper right hand NAME ~2-1~ (17-19~ corner of this page. Example: STW/TXR15 001231 co PERM IN MBER I I DISCHARGE _UMBER I Mail to: TCEO (MC 212) P 0 Box 13087 ADDRESS FACILITY MONITORING PERIOD Austin, TX 78711 -3087 LOCATION YEAR MO DAY YEAR MO DAY 01 01 12 31 D (20-21) (22-23) (24-25) (26-27) (28-29) (30-31) PARAMETER x (3 Card Only) QUANTITY OR LOADING (4 Card Only) QUALITY OR CONCENTRATION FREQUENCY NO. OF SAMPLE (32-37) (46-53) ( 54-61) (38-45) (46-53) (54-61) EX ANALYSIS AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS (62-63) (64-68) Total SAMPLE ....... ....... ....... ······-Suspended MEASUREMENT ....... Solids SAMPLE ....... ........ ........ ....... . ...... 65 mg/I REQUIREMENT Daily Max 1/Year Oil & Grease SAMPLE ........ ....... ....... ... .... MEASUREMENT . ...... SAMPLE ........ 15 mg/I ....... ....... ....... . ...... 1/Year REQUIREMENT Daily Max pH SAMPLE ....... . ...... . ...... ........ . ....... MEASUREMENT SAMPLE ....... ....... ....... ....... . ...... 6.0 -9.0 S.U . 1/Year REQUIREMENT Range SAMPLE MEASUREMENT SAMPLE REQUIREMENT NAME/TITLE PRINCIPAL EXECUTIVE TELEPHONE DATE OFFICER 1 CERIU-Y UNDER P(NAll 't' Of LAW lllA.I INI:, OOCUMCNT ANO All Al IAt.HMfNT!:> WERl PHEPAREO UNUER M't' 01RECllC)N OH SUPERVISION IN ACC..:OkUANLI: WITH A S't'STEM OESIGNEO TU A~~URE lHAT OUALlf-llO PER~ONNEL PROPEHt Y GATtiERANO EVALUATE THE iNfOR""'llON SUHMll TEO SA!:>EOUN MY INQUIRY Of Tt-t( PERSON OR PERSONS WHO tr.t.l\NAGE THE SYSTEM UH T110!:>E PER!:>ONS OIRl:CTL't' RESPONSISLE FOR GA I HERING THE INFORMATION THE 1ml>HMATION SU8MIT1EOI!:>, 10 THE BESTOf SIGNATURE OF PRINCIPAL M'I' 14.NOWl EOOE ANO BELIEf rRue. ACC.::URAIE ANO COMPUTE I AM AWARE THAT lHi;:RE A.PE SK>Nlf.CANTPENAL nESFOR SUBMlnlNG FALSE INrORMATK>N. IHClUOING EXECUTIVE THE POSSIBl.ITY OF flNf ANO IMPRISONMENT FOR KNOWING VtOlATIONS AREA I NUMBER YEAR MO OFFICER OR AUTHORIZED CODE TYPED OR PRINTED AGENT COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here) EPA Form 3320-1 (3-99) Fo1rn Approved OMB No. 2040-004 (REPLACES EPA FORM T-40 WHICH MAY NOT BE USED) Page 34 PAGE OF TYPE (69-70) Grab Grab Grab DAY .. Definitions Commt·m·l'ml'nt ol' Construl'lion -the exposure of soil-. resulting from acti\ ities 'uch as graJ111g. land clearing and e\L'a\ a ting '.\IS-l -municiral scrarate -,torm sc\\ er system, storm drain S) stem ll\\ ned hy county. city Pr other entity :\01 -Notice uf Intent -arplication for rcrmit cmcrage :\OT -NotiL·l· pf Termination -form useJ to terminate co\erage Opt'falor -r cr,on. persons. or company with oreratiullal L'lllltrnJ 0\t'r the Site \Vim needs permit co\'crugc? S1mll ClHlstruction Sites ~·1,.:t1..r t!un I btll Ji...·,, 1iun :" .i,:1l·' ,,, d1-.1111!'nl l.11:d 11h. Lhlc-. ~ l· •. :;11111~. ~i~td 111:;. l.'\1..:.1\ .tt111~, 11 d\:JT111IJ111111 d1'1.." 1111( in..:l ud....: 111uri11l.· nui1!k 'Jl.t!l...\.: ;i. .. :ri ' iri.,_·, Large Construction Sites _, :11.._.1 ... : ... ,\r ~11. .. :;1kT l1f di,ll:1 l1L'd Lt1lll 111p.11l 11f .1 Lir~i..:r L'tlll\111\ II\ 1'l.11l 1 lt di..·\ 1.. f11;i;Jl._l1( l 11' -...1!1 .. .' ~ 1~ .. : ~ 11..!1..·, 1.: k-;11 rn:;. :;1.1J 111~:. 1.,:\1..' .1\:1:1 n:; •. ~r d ... 111t d 1111111 d11._·, 1h1l 11kl11de n1t1Jlfl;,._' 11 :.11111,.::l.!lh.\._. .i..:ll\ 1t1c' .f Rainfall Erosivity \Yaivcr The calculateJ rainfall erosi\ity R factor for the entire pcrioJ of the construction project is less than 5 The 11peratnr suhmits. at lea-.t 2 Jays prior to the start of construction. a signeJ \\ai,er ceniticalion form If the acli\ilies e\tcnJ he::.onJ the \\ai,er pcrioJ. the operator mu~t recakulate the rainfall ernsi\ity R fact11r A'.'\0 re-submit the wai,cr 1.·ertifiL1li<lll OR 11htai11 pt>rmit emer;i:;e as requm:d hy tht> pt>rmit Low Potential for Erosion Permitting Construction acti\ity 01.·c1irs in l'lllllllY li-.tcJ in Appendix A Construction aeti\ity is compkteJ '' ithin listcJ time frames All temporary stahilization is adequately maintained to effectively reJm:c or prnhihit runuff Cnnstruction site notice is sigm:d. posted. anJ a copy provided lo the lucal l\IS-l operator :\ny suppurting asphalt or concrete batch plant has ~eparate ~lorm "at er permit co' erage • ~. Large Construction Sites Pcr1111tting Rcquircmenh Dndup a Sturm \\'ater Pollution Pre\ e111iun !'Ian 1SWl'.>J Submit your Notii.:e of Intent (NOii :inu i.:hei.:k for $100. 2 Jays prior to the start of uinstrui.:tiun Prnviuc a rnpy uf your NOi to the ltii.:al '.\IS.t 11paatur Post a l·upy of the NOi on-site Implement yuur plan prior tu the st.tr! llf n•nstrui.:tiun ....• -~ Large Construction Sites Nntii.:c of T crminatiun Each operator that suhmitteJ a NOI must apply to h:rminate cmerage \\hen the following i.:onJitions ha\ e been meet /in.ti ,Ltl,il11;H111n h;h bl.'L·Jl .h.:hic\t..:J nn Jll r111ti1)1h 111 till.' ,,i..: 1h;i\ 1, 111..: "'f'"il'lh1'11: 1111h.: p..:1111111c-,·. 01{ ;11H1l!J..:1 f)'-'lll ll!kd t'J'1,,."l,llt1f h;h ;h'llll1;.:d ,:1•1'\IJ11l t1\l"f ~ti! ;11,:.h l•I Iii.· '1i.· 1h:11 Ii.th· th•I t,,·,n lin.tlly ,1.il1il11nl. .\:\!) :ill tlllli'~11~11~ "-"'ntlt>[, h~i,1..· l'ith1..r l)L'...:111 ... 1111.'\1..\J ....... .-h"-·duk·J ft'lr IL'll~tH:Ii "' t1:11t,l1...nLd tn a lh .. '\\ 11pi...1 .:l11r If th.it tlJkLllPf h.h '\tltl_:.:hl jll'I \\1111..'t\\ 1,,_L!~1..· Large Construction Sites hnal Stabili1.atiun t\11 soil Jisturhing activities have been cumpleteJ A uniform perennial \·egetatin~ cover with a Jensity of 70'.; of the native had .. grnunJ i.:o\l'r has heen estahlisheJ unp:l\ u..! :th.:;h ~111,,.•;1-.. llPI r...'tl\1;'.l"t.'d fl} JlL°l lll;tll;.'11( :--IILIL"lUh . .' Or equivalent permanent stabilization measures have heen employeJ Large Construction Sites final Stabili1.ation for inJiviJual lots in a resiJential site hy l'ithcr; thL' Jlt 1llll'bt1iJdLT l.'1 'lllf'ld! ll~ lfl( f 111;tJ ...;t;1bJl1 /,ii IP[) .h ~P~l'.il1ed l °70'; h;11.:~~rt1t111d d1.·1h1t: 1 1he IH1r1h.:h11ildl'r l'-.lal,\i,h111g: ll'lllJ'PLir: -.1;1hili1;1lil1Jl pri111 lt1 the Ii Ille ,,f ll.m,f.-r It> 111,· ll\•lll..: bll\lT .. dkr ll<'lil;.in'.! 1h,· hnlll(' hu:1..:r 111 LilL· 11<...·1. .. -'d ldr lin;d ,1;tJu\11:1tr1111 for eonstrui.:tion adi\ itics on agriculture lanJ final -..t;li,ili1aliP1l llU) hL· ;k·L·\)inplhhcd b: 1-.'t11rni11~ 1hi.: di~lll!l' .. :d LinJ l~' it-. J'l!.:1.1..•n,lrt11..:t1l1l1 ;1~1 i-.·ultur.tl t1-.e I' ,. urnnD lfHd••CW1trr.l llO 1101\ ~_..;;s:;:n--~·~-~-- :iii'~~~-...---~1----._ .... ___ , ___ ... -··· -·"'-·l. ... • .. '-V ; c;gg; . .;;;q ;; .. 11 .. !!§II :~~-~-·.-~-~-~---~···~·"·-~:··~··:.; ... ic:...,.,--.. -··-.--- I ~I~~~ ~~~I~~~~!~ ~o~~!~a~~.~~~~!~!~n ; ··------·----------·---·-'~""""" ...... i ~ Subje~t lndn -Water :1-1 1 ~ l iml I ~·A i l!B I i'.J-·- •A....,..,wottte:r_..c~ • rx---mW.,AJNu';.f,O,,Eui • r ..... ~.i"'ll'l...,...,,Pt .. .t:-i••·-""T"P· o TNti, ....... ..., Chai eJC?JMi!U ·!'~~Q!...~ • w .. i., .......... nwmu ... . "- -~ • rw •nM fl"Pff 5 d ""n!WJI ?twn • ff..!!MJ!StomWm p~ •A ......... ~ ..... • £.r·....,P...9:r1L....,..,.HN·k '=srvai(lo.POf S..., .... wt> • ~~11tra!'rr Ip.P:@"O • H .. dcM"""" J.ewi M-init Ee .... , W...,,...U!.cta·1 'l'1....ac.E.jcg;,1M."";ST~.c\} • ,,1c.,tro ,...w .... ooo ..... ~ .. ~!~~-~.!.!~~-~----···-····-·-·-·······················-·--···-··-···-···· 1 ..................... -·-· .. --.-....... -"'"~ -~-- -~ -~ oh'W"f'MkMJ ...... , ··sMl'l!!j ............ ~ ... lPWr>FW. , Cffil!'.icp.&;q'11M?£r9C?!!JW • ~:jn·"";&ff'!Paftrl~ -~ • ...,ut"'•glkJr ?.r'-Kr,..aar' -~ ]'""'' __ ._ ... _____ ._ ---·-... -..... 1'<) -.--- ········1 .,.....JaW • ---:i ~ .;.J ........ ! _I ··········--·~ .. i :::Jt>--·-.. I _j ·- ~ ... ""'." .~ ...... ~ ...... ····· ..... ' ····-····-·--··· ·····-·-···-'----··--··-····--··-··-·· -···-·····--···· ;& ,..;.:~:-.. . ..~.~· j,;;;··~~ ,,_ ••. i)..J ~ <4----(J :t!·~'il ·....,_·je; ...... -....... -... __ _ 1 ~ ~ t.-. 1 ~ j ~ i r..- I ... Construction Storm \\'ater Prrmib w_.c1 ..... ..-~., .. _ .. ~,. .............. ~&P.n.b!o o.c.-F-.-\POA (}ic!f> ... Uiil • -~·~~i........'-!.r..Y·.ir.:O!.:.:'.-.~ ,;-··~u:.-...;:;..,:·:z:-.::.._"-.! • ;·;:~.;:' ·-.~t'i ·.~ .• :.o.l i ~-~· ;;_~:.··~· . . ~'"' .. ~·..:.··,·:;:..,.;;.,., ~,.~: .. .: .. ,.;: ... • ··.·.! .• i«_:.·:.;t, ... •;.:~'.'~.~J. ·!.,.:''"~ • ~..i~~.~::.,.:t,.~ • : ,_"':"•_,., . ·., (; .. : .. ;,r .. ;::"-1!. ..... ,, ..... '!;t~ .. 1.'.r .. 1.,1• •• ir.,:,;;.;,f..i" • \.:.;·"=·:•"·V:;;:.1 ::"'"N.;.;.A,;*:'1"';:..s,it;'::.!' • ::,,..,~_ ... ,.;; ",:('.t:: T?t'E.!c ....... u.o..-.ir--.r-tw ~.-.,._.... .............. _r&Qlft_~,.200) TWTnaoP..._~0.....-S,-(T?CES')pr•••.,...._ Nf.kr,j!"l_..P..._~ .... a..-S,-(ll'P)ES'IP"tr-• ~.-oiT.-.. '.".°.~~.~.' )K•h~~~~ .. ~'*" . .... 4 J ........ =' ! t ;g I ~ .... ~ ,.,_ ...... 4!! •• a I ii ... .,_ .:; . ., .J~ ~-::.;.:.,..;. ~ (J-,j.;;).., ,1 ,_ ... ~ ... .._. , ........ 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J/P"!' ftnt ~ ~").-·p,.uo. r, ............. ;.,,, ·~•Su ~P.iCID2) ·- j I __ ::/ Definitions Tl'l>ES -Texas Pollutalll Discharge Elimination S\ -,km.., lnll's -Best l\lanagemcnt Practices Co111111L·m·t'mt'nt of Construction -the nposurc of soil-.. resulting from acti\ ities ... uch as clearing. grading anJ exca\ating '.\01 -:\oticc of Intent :\OT -Notice of Termination S\\l'J -Storm Water Pollution Pre\'cntion Plan Definitions :\on-Storm \\'alt'r Dbchaq,:rs -water that 1s J1sd1:.1rgc olf--,ite th;it 1s not a result or a rainfall C\ cnt Final Stahilization -all ... oil Ji-,turhing JLt l\ it1es ha\e heen rnmplcteJ and \ egetat1\ e cm er ha' heL'n e'>tahl 1 ... hed Strurtnral Control -a pollution pren.·nt1on pral'lin: that requires the con ... truction or a Jcvice ..... i.e. silt fences. e:.inhen J1J.,.es. drainage ... wales. SL'Jimcnt traps. checJ.,. J:.1111-,. inlet pmtcctil>n and others TL·mporar~· Stahilirntion -a con<lition \\here exposc•J ..,oil... :.m: pro\'ldc·d temporary scc·ding. geotntdcs. mulching or other technique to rc·duce or el11ninatc en1-.11rn 1. Site or Project Description Dc:sc:ription of the: soil or the quality of Jisc:harge .-\ map inJic:ating genc:r;il loc:;itillll ( l'ity/c:mmty I :\ map inJic:ating: Jr.1111;1'.:;t: p;1lk11i-. .. ~ ~IJ'f1J1 1\1111.1ll: ,J1'l't.-... :ii lt:r ~r.1d111~ ~11"1..::h nf ,1,il Ji ... rurban1..\ . .' lt11.,:;1tu 111, if ;111 r11;1j1..1r ':'Ill 111.:ll11 :ii ... :11nlr1 iJ, IP1..·;1ti11n \\h~TL -..LLhil i1.!ttl'll \\ill 111...· u-..1..·J 1111.:.lli111l pf l1lj-,ile lll;lh..'ILtJ 111 l'1!lllJ';Jl..,,'lil -..ltil.i~l'. h11.::1ti{1n 1)t' ;1ll ... u1Ltl l..' ''·1t ... 1 ... h1.,:;1lllHh \\1...'ll.' 'llllll1 \\:1kr \\ill d h ..._11.11::::..: dir.: .. :11} In 't1rJ.11..·e \\,1h..'I -·-,o ..... • • • • 2. Description of Bl\IPs Stabi I i1at iun Practices Stahilization may i11duJe temporary' l'getatiPll. perma11e11t vegetatillll. mulching. geote\tiles. ~llU. & proteetilln of existing trees or \Cgetatiun \\hen pllssihle d..:,1i..·r11'lll'll 111 tllh.ll!ll ;111J Jl1i..TllUlh.'lll "t;1hi111;\{ll)!\ 1i..'1111t1l1I..., d.tk"' \\h ... :n 111;q l1r :~:·:1d1n~ .1 ... :li\ itil:'' oi..> •• :ur d.1r..: ... '' l:,:n 1.·~ 11:-..11lk 1i1 '11 .1 •. :1i' it ii...·.., h.·;11pP1 :11 ti;. 1 'f l'it..'111~.~lh..'!lll: \,.0l'.l'-1i..' \ 11 ;1 1i111 \il1Jl l1f till' 'ilt . .' J.tk'-\\1i._11 ... l:ll1iJ1/;tl i1Hl 11~1.:;t ... lilL'" ~lfL' i11i ti;1h..J \\ .f • ,; . 2. Description of Bl\IPs Stabilization Practiu:s Stabilization must he initiatcJ as soon as practicable when construction activities temporarily or permanently cease h~ lilL' 1-llh tb~ .1111..'r (l)lhlllJL'lll'll Ju, ,..·,::1,ul ;i...; 'lll'll ;h r•1:---..i!,h._· \\hi.;n "t1hi!J1;1tit111 j, ri1..\.:lud1..:d b~ 'Ol'\\ l'I" IJ\t/\.ll ~l"PlliiJ i 11 ;trrd :i 1i..:~1..... ...,L·1ni:u1J a1 ~:;h. l If :11\ .. ~i' 1 If d111;1~ hl \\ ht:t\.'.' ,1;1hil11;11inn i" p1i:d11J.:J h~ tlli: 14 d.1~ .... 1.ii1il111..: ;h 'lll)ll a' l''"''ihle if :tL'll\ iiiL'" ~nc 11.:--..um •. :J '' ithin 21 d:t:-.;,. Jh' ... :.1hili1a1111n h JL'tjlliJL'J 3. Structural Control Practices SeJiment Basins RequireJ for comrmm Jrainage areas that -..ern: I 0 acres of more of Jisturhed land where frasihle dl 'L'..:, J)flf ill(]UdL' \\ atCI' Jj\ U "t('J fn llll l 'f htll' ;111.·;h Or {)ll..;it&: .in:.1' 1h.1l :ir.: 1111di'111rbnl 11r 1111.dl: ,1,1hl11cd If not frasihle -equivalrnt control mea-..ures for all Jnwn s1L1pc hounJaries ;t 'L'li1.,_ llf '!Tl:lll b;1,il1' ,j It f. .. :111...'L'" \<:~c·1:11i' L' buffc-r '!lip' ,~ ·1. J ' • 5. Other Controls [k,cnption of controls that l1111it thl' i,'.l'nCrJtion of Ju\t, ;inJ the nff-,itc trad.ini,'. of ,,·J1llll'llt from \Chides [),·,n1pt1on of con,truction anJ \\ ;1,te matcn;ib np.:ct.:J to he '1oreJ 011-\ite anJ controls to reduce pollutants from thc~c matcri;ib [),.,,Tl[ltion of pollutant ~ourccs from other ;ueas of con ... tructinn anJ control' to rcuucc pollutants from th''"' act1\ 1Lies. D.:.;cription of velocity Jissipation JeYices ;rnJ their loc:Hions 8. Inspection of Controls Lin.:ar (onstruction i 11 ;11"1. .. '~h \\ h1..·1 \.' t hL· i !l'p!.:1...·t H 111 !l '1..:i1 111;1: d hi ti I h ;1r1..·~1' l 1f lt...'lllJh'r.1r: 1)1 pc1n1~t1:Lnl ... 1.d,1l11.1tH111. 11hJ'L1..lH11h 111u-..t bL· Llllldth..:h.·J t.'.\l'I\ !..J. d,I\, llf \\Jl lllrt ~4 lllllJl, ld .l I"~1l1ll.tlJ c'' c·nl .,f O.~ inc-he:, t11 ~1,·:1kr OR h.'[11L,l'l1L!ll\(° llhJ'L1..:l1f~lh m:1: be ('lllhllh.:t....d -(1 11ltl\1! ... llllhl hl' llhJ'1...'t,."l.:d ll.2:' 1uk_-... ;ih1\(." ;111d hl,.'hl\\ lhl' ;i...:...:1."'' r111111t ''111..·11..· :l l1l;1d\\;1:. u;hli:-.tu1h1.:J r1 ~!1l l1I ''-;t:. Pr 11th1..·r -..i1niLir f •. :;JtlJl1...' llllt. . .'1',1..'Lh th .. · 1..'Plhtn11.:ti1111 ''h.' ~uh.I ;di..}\\ ... J1..\.:._-,, (ll Ilic :11ca J i,1111hL·J de1rn1~ '-'''lhtruc'li•'ll OR d1..·\1,:ll'f1 ;1 :--.·li1..:du!...· th;1t r1.:quir..:'-J th1..· ,j1i...· 1\1 !11..· in"pt'1..:h:d l'll1.:t' 1...'\ L'l Y 7 d.l) "\ 8. Inspection of Controls The S\\'1'3 must he moJifieJ haseJ on the inspectmn fi ndinp '' ithin 7 calcnJcr J;t)s Chan gc·s shoulJ take place prior to the ne\t rainfall ;\ rqiurt -.ummari1ing the scope of the in1,pcction -;houlJ he: 111clt1dc·J lT1 )l!llr S\\'1'3 n.tm._· \\. qu.il1lh.:;1li11n 11I tlii: p1..r ... l111 \,:i111dt.1.:t1 11~ th •• : 11hJ'e1..:liPn d.tlc' ,.f Iii<: llh f'<:,lll•ll • '.:::1•;:::1~·::~~:1''.'.~'.',';,.,11 it <'! ll:c i11·1'c'di1>11 • 9. Non-Storm \Vater Discharges ldcnllf) anJ l·nsure the 1mplc·mL'lltat1011 of appropri ate p1illutHHl control pre,entlllll rneastire-, for ~II eligihlc non-storm '' atcr J1scharg.:s Non-storm\\ ater Ji-.charg..-, 111cluJe di..;\.·Juisl'' I r·,,m I i1,; I 1~!11rn~ .h.:11\ ii IL'' lire 1J:d1.1111 ll1hi1 1 11~ \\ ;1ti..:r 11 -..L·J (\) L'llll(;,d d:i,1 p 11l.il'!r: \\;1!1 .. :r ..... 111JT ... t.: ... >1h.·lt:d111; \\~1lt.:rl1 11i.: llthl1111:; ~11r .._·1 11 1dil il1fllfl ~ \.:111:,L:1i--.11,· t11h:t 1111 ~uni11~111.:d ~n 1u111.J \\ :11,:r \el11":le. t·\k111.1l ht11'.J:11;.. .• i:1d ~1.1,1..·1 111.:n1 "'·:-..h1n '.-! ''lil..'1t: d..:t1..·1~~1..·nh nr ,,1~1!'" :11 1..· !l•.1t t1,.._..l .ind \\h.._11,._' 'i~i11, ilJ\1..' n~1t l \('(LJI rLJ anJ \\ llu '-ti'.~ pu1 i'1 ,..,,_: j, {I) 11..·r~ 11 l\.....: r111:J. d11 t. nr du'I Hints & Tips Shan.~ plans when possible Keep your plan up-to-date Conuud inspections according to the schedule you de\ elnped l\laintain your B~lPs DOCU:\IENT. DOCU:\IENT, DOCll :\IE~T!!!! Ill 11 .... • . ~ I~ • ,. I I I 111111111111111111111111111111111111111111111~ I .•.1·.\. Water Enforcement-Co1.11·liance Assurance and Enforcement-South Central Page l of 3 Water Enforcement Clean Water Act Drinking Water Citizen Suits Animal Feed Lots CWA Definitions Offshore Platforms Storm Water Sewer Overflows Water Forms/Docs Water Links 24 Hour Reporting Key Topics Regional Adminstrator About Region 6 Air Brown fields Cleanup Ecosystems Emergencies Employee Directory Employment Enforcement Environmental Justice FOIA Grants/Procurement Laboratory Newsroom Pesticides Superfund Training Waste Water more topics .... U.S. EnvlTonmental Protection Agency Compliance Assurance and Enforcement -Water -South Central Serving Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 66 Tribes Contact Us I Print Version Search: I l!l!J EPA t;om.e >Region 6 >Compliance Assurance and Enforcement> Water > CWA >storm Water> Common Plan of Development or Sale Storm Water -Common Plan of Development or Sale Common Plan of Development or Sale: 40 CFR 122.26(b)(14)(x) requires operators of construction or demolition projects disturbing 5 or more acres of earth, or less than 5 acres if part of a "larger common plan of development or sale" that cumulatively disturbs 5 or more acres to obtain an NPDES permit. Many people inquire as to what constitutes a common plan of development or sa1e ·and is there ever a time when this plan ends. A common plan of development or sale comes into being upon the time when there is documentation showing plans to disturb earth irregardless of how many phases or how long it will take. Common documents used in EPA investigations to confirm such a plan include plats, blue prints, marketing plans, and contracts. Sometimes a new operator will want to perform some earth disturbing activities at facility that originally was a common plan of development or sale, but wants to know if it still is a common plan of development or sale for which they would need to apply for permit coverage even if under 5 acres. EPA Region 6 has used a 2 prong test to determine if a facility is no longer a common plan of development or sale: 1. Was the original plan, including modifications, ever substantially completed with less than 5 acres of the original "common plan of development or sale" remaining (e.g., <5 acres of the "common plan" were not built out at the time)? 2. Is there a clearly identifiable period of time where there is no on-going construction, including meeting the criteria for final stabilization (e.g. couple of years or more)? If the new operator at a facility evaluates his project and determines that the original facility meets the two criteria above, then the original common plan of development or sale has ended and the operator should evaluate only their new construction plans. If the new plans are less than 5 acres and not part of another common plan of development or sale, then they would not need a permit. • Example 1: A residential subdivision was started in the 1980's. 97 of 100 houses were built at that time . A new operator comes along and wants to build the last 3 houses and they are less than 5 acres. Does the builder need a permit? Using the 2 criteria test above, the original purposes was substantially completed (there are less than 5 acres total remaining from the original "common plan"} and there has been a clearly identifiable period of time of no on-going construction. So the new operator would not need a permit. • Example 2: A residential subdivision was started in the early 1980's. Due to bankruptcy, only 40 of the 100 lots were ever completed. There has been no earth disturbin_g since the mid 1980's. Does this facility need a permit if a new operator wants to come build 2 new houses on 0.5 acre lots? Yes, the new operator needs a permit no matter how few of acres he's disturbing because the original common plan of development or sale was never ~ substantially completed. To build out the remaining 60 lots from the original : '~ .. n://www '"' •nv/Ack,nsasl5en/w/sw/hottoocommon.htm l l/7/2001'3 Water Enforcement-Compliance Assurance and Enforcement-South Central Page 2 of 3 • "common plan" would disturb more than 5 acres. • Example 3: A large mall was started last year and finished last month. At the last minute, the developer is able to buy 2 acres of adjacent property and wants to add some additional parking spaces to the new parking lot. He . hires a new general contractor to build this parking lot. Does this new 2 acre parking lot need permit coverage? The original purposes may have been substantially completed, but there is no clearly identifiable time of no on- going construction. So the operators of the new parking lot would need a permit. • Example 4: A large industrial plant covering 15 acres was competed 2 years ago. The company has grown, so the owners have decided to expand the facility and bought 4 acres adjacent to the facility to add a new building, parking, etc. that will disturb 3 of the 4 acres. He hires a new general contractor to build this expansion. Does this facility expansion need permit coverage? The original purposes was substantially completed, there is a clearly identifiable time of no ongoing construction, and the expansion will disturb less than 5 acres. The expansion projects will not need a permit. REMINDER: The same "common plan of development or sale" approach will be used for Phase II when permits for construction projects disturbing 1-5 acres start needing permits March 10, 2003. You will then need to look at the remainder from a "common plan" to see if 1 or more acres would be disturbed. The preamble of the 1998 EPA Construction General Permit includes a description about common plans of development or sale. The following is that description as found at 63 Fed. Reg. No. 128, July 6, 1998, p 36491: My Project Will Disturb Less Than Five Acres, but it May Be Part of a "Larger Common Plan of Development or Sale." How Can I Tell and What Must I do? If your smaller project is part of a larger common plan of development or sale that collectively will disturb five or more acres (e.g., you are building on six half-acre residential lots in a 10-acre development or are putting in a parking lot in a large retail center) you need permit coverage. The "plan" in a common plan of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. You must still meet the definition of operator in order to be required to get permit coverage, regardless of the acreage you personally disturb. As a subcontractor, it is unlikely you would need a permit. For some situations where less than five acres of the original common plan of development remain undeveloped, a permit may not be needed for the construction projects "filling in" the last parts of the common plan of development. A case in which a permit would not be needed is where several empty lots totaling less than five acres remain after the rest of the project had been completed, providing stabilization had also been completed for the entire project. However, if the total area of all the undeveloped lots in the original common plan of development was more than five acres, a permit would be needed. i4 htto://www.eoa.!!ov/ Arkans::i·' '" · ;.,, ·~~~·'!~')ttopcommon.htm 11171200.3 ~ Water Enforcement-Compliance Assurance and Enforcement-South Central , .. • .) . .. When Can You Consider Future Construction on a Separate Plan of Development or Sale? In many cases, a common plan of development or sale consists of many small construction projects that collectively add up to five (5) or more acres of total disturbed land . For example, an original common plan of development for a residential subdivision might lay out the streets, house lots, and areas for parks, schools and commercial development that the developer plans to build or sell to others for development. All these areas would remain part of the common plan of development or sale until the intended construction occurs. After this initial plan is completed for a particular parcel, any subsequent development or redevelopment of that parcel would be regarded as a new plan of development, and would then be subject to the five (5) acre cutoff for storm water permitting. EPA Home I Privacy and Security Notice I Contact Us Last updated on Friday, September 12th, 2003 URL: http://www.epa.gov/Arkansas/6en/w/sw/hottopcommon.htm httn· //www .eoa.gov/ Arkansas/6en/w/sw/hottopcommon.htm Page 3 of 3 i.s 1117/2003 FORMS i> ... • . • • ' TCEQ Office Use Only Notice of Intent (NOi) for Storm Water Discharges· Associated with Construction Activity under the J TPDES Construction General Permit (TXR150000) TPDES Permit Number: TXR15: __ 1_:_· -NO GIN Number: 1-1-1-i-!_!_!_; For help completing this application, read the TXR150000 NOi Instructions (TCEQ-20022-lnstructions). A. Construction Site Operator 0New 0No Change Customer Reference Number: CN ---------Name: ________________________________________ ...;_ _____ _ Mailing Address: _____________________ City: _________ State: __ Zip Code: ____ _ Country Mailing Information (if outside USA) Territory: Country Code: Postal Code: __ _ Phone Number: Extension: Fax Number: ______________ _ E-mail Address:--:=----=----------__. ........ ------------------------- Type of Operator: D Individual D Sole Proprietorship - D.B.A. D Partnership D Corporation D Federal Government D State Government D County Government D City Government D Other:--.,=----.,=----=------------ Independent Operator? 0Yes D No Number of Employees: D 0-20 D 21-100 D 101-250 D 251-500 D 501 or higher Federal Tax ID: State Franchise Tax ID Number: DUNS Number: B. Billing Address Name:-----------------------------------------------Mailing Address: _____________________ City: _________ State: ___ Zip Code: ____ _ Country Mailing Information (if outside USA) Territory: Country Code: Postal Code: C. Project I Site Information 0New DNo Change Regulated Entity Reference Number: RN _________ _ Name:-----------------------------------------------Mailing Address: _____________________ City: _________ State: __ Zip Code: ____ _ Physical Address: _________________ City: _______ County:_-______ Zip Code: ____ _ Location Access Description:--------------------------------------- Latitude: ______ .. N Longitude: __ • __ '_ .. W Degrees(°), Minutes('), and Seconds(") Latitude: Longitude: -Decimal Form Standard Industrial Classification (SIC) code: ___ Also, describe the construction activity at this site (do not repeat the SIC code): Has a storm water pollution prevention plan been prepared as specified in the general permit (TXR150000)? D Yes D No Estimated area of land disturbed (to the nearest acre): Is the project I site located on Indian Country Lands? D Yes D No Does this project I site discharge storm water into a municipal separate storm sewer system (MS4 )? D Yes D No ~~s.pro~de~enamecl~eM~opera~r:-------------------------------- Provide the name or segment number of the water body that receives storm water from this project I site: 0 . Contact -If the TCEQ needs additional information regarding this application, who should be contacted? Name: Title: _____________________ _ Phone Number: Extension: Fax Number: ______________ _ E-mail Address: E. Payment Information -Check I Money Order Number: Name on Check I Money Order: F. Certification I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information , ~e information submitted is, to the best of my knowledge and belief, true, accurate. and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Construction Site Operator: Prefix: _________ First: ________________ Middle: ________________ _ Last: ________________ Suffix: _____ Title: _____________________ _ Signature:---------------------------Date:---------------- If you have questions on how to fill out this form or about the storm water program. please contact us at (512) 239-4671 . Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at (512) 239-3282. • 0-20022 (05103) The completed NOi must be mailed to the following address. Use the attached document to submit the $100 application fee. Please note that the NOi and application fee are submitted separately to different addresses. Texas Commission on Environmental Quality Storm Water & General Permits Team; MC -228 P.O. Box 13087 Austin, Texas 78711-3087 Texas Commission on Environmental Quality Payment Submittal Form The storm water application fee shall be sent under separate cover to the Texas Commission on Environmental Quality. This form must be used to submit your Storm Water Application Fee. Please complete the following information, staple your check in the space provided at the bottom of this document, and mail it to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 P.O. Box 13088 Austin, TX 78711-3088 Fee Code: GPA BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin, TX 78753 Storm Water General Permit: TXR150000 Check I Money Order No: __________ Amount of Check/Money Order: _____ _ Date of Check or Money Order:-------- Name on Check or Money Order:------------------------ Facility I Site Name: ____________________________ _ Facility I Site Physical Address:------------------------- City: _________________ Zip Code: _____________ _ (rC:a-2be22 (os103) f Staple Check In This Space ··~ Completing the Notice of Intent for Storm Water Discharges Associated with Construction Activitv under the TPDES Construction General Permit (TXR150000) A. Construction Site Operator Information Check boxes and Customer Reference Number These boxes designate the operator's status as a TCEQ ·customer"-in other words. an individual or business that is involved in an activity that we regulate. We assign each customer a number that begins with "CN," followed by nine digits. This Is not a permit number, registration number, or license number. In the remainder of this section, we will use "this customer" to mean the operator for Part A of the form. • If this customer has not been assigned a Customer Reference Number or if this number is unknown, check "New" and leave the space for the Customer Reference Number blank. • If this customer has already been assigned this number. enter the operator's Customer Reference Number and: • Check "No Change' if all the remaining customer information is the same as previously reported. However, you must still complete most blanks in this form for this notice of intent to be valid. • If this customer's information has changed since the last time it was reported to the TCEQ, check neither box and complete the remainder of this notice of intent. · • Do not enter a permit number, registration number, or license number In place of the Customer Reference Number. Name Enter the legal name of this customer as authorized to do business in Texas. Include any abbreviations (LLC, Inc., etc.}. Malllng Address Enter a central and general mailing address for this customer to receive mail from the TCEQ. For example, if this customer is a large company, this address might be the corporate or regional headquarters. On the other hand, for a smaller business, this address could be the same as the site address. If this Is a street address, please follow US Postal Service standards. In brief. these standards require this information in this order: • the "house" number-for example, the 1401 in 1401 Main St • if there is a direction before the street name, the one-or two- letter abbreviation of that direction (N, S, E, W , NE, SE, SW, or NW) • the street name (if a numbered street, do not spell out the number-for example, 6th St, not Sixth St) • an appropriate abbreviation of the type of street-for example, St, Ave, Blvd, Fwy, Exwy, Hwy, Cr, Ct, Ln . • if there is a direction after the street name, the one-or two-letter abbreviation of that direction (N, S, E, W , NE, SE, SW, or NW) • if there is a room number, suite number, or company mail code City, State, and ZIP Code Enter the name of the city, the two-letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Country Malllng Information If this address is outside the United States, enter the territory name, country code, and. any non-ZIP mailing codes or other non-U.S. Postal Service features here. If this address is Inside the United States, leave these spaces blank. Phone Number and Extension This number should correspond to this customer's mailing address given earlier. Enter the area code and phone number here. Leave "Extension" blank if this customer's phone system lacks this feature. Fax Number This number should correspond to this customer's mailing address given earlier. Enter the area code and fax number here. E-mail Address As with the mailing address, this should be a general address that is appropriate for e-mail to this customer's central or regional headquarters. if applicable. If "No Change" was checked for this customer, you may skip the rest of the fields In this part of the form and continue to the next part of the NOi. ~ ~c~:~022-lnstructions (05/03) . , .· -~-- Type of Operator Ch k I ec omvonebox. Check ... Individual Sole Proprietorship- O.B.A. Partnership Corporation Federal, state, county, or city government (as appropriate) Other Independent Operator? if this customer ... is a person and has not established a business to do whatever causes them to be regulated by us. is a business that is owned by only one person and has not been incorporated. This business may: • be under the person's name have its own name ("doing business as," or d.b.a.) . have any number of employees is a business that is established as a partnership as defined by the Texas Secretary of State's Office. meets all of these conditions: is a legally incorporated entity under the laws of any state or country is recognized as a corporation by the Texas Secretary of State has proper operating authority to operate in Texas. is either an agency of one of these levels of government or the governmental body itself (If a utility dist~, water district, tribal government, college district, councU of governments, or river authority, check "Other" and write in the specific type of government.) fits none of the above descriptions. Enter a short description of the type of customer in the blank provided. Check ~No" if this customer is a subsidiary or part of a larger company. Otherwise, check "Yes." Number of Employees Check one box to show the number of employees for this customer's entire company, at all locations. This Is not necessarily the number of employees at the site named In this NO/. Federal Tax ID . All businesses, except for some small sole proprietors, should have a federal taxpayer identification number (TIN). Enter this number here. Use no prefixes, dashes, or hyphens. Individuals and sole proprietors do not need to provide a federal tax ID. State Franchise Tax ID Corporations and limited liability companies that operate in Texas are issued a franchise tax identification number. If this customer is a corporation or limited liability company, enter this number here. DUNS Number Most businesses have a DUNS (Data Universal Numbering System} number issued by Dun and Bradstreet Corp. If this customer has one, enter it here. B. Billing Address We will mail the annual fee invoice for this site to the address entered in this section. Name Enter the legal name of the person or business to which we should mail this site's fee invoice each year. Mailing Address Enter the specific mailing address to which we should mail this site's fee invoice each year. If this is a street address, please follow the US Postal Service standards as described under "A. Construction Site Operator Information" on page 1 of these instructions. City, State, and ZIP Code Enter the name of the city, the two-letter USPS abbreviation for the state (for example, TX}, and the ZIP Code. (Enter the full ZIP+4 if you know it.) Country Malling Information If this address is outside the United States, enter the territory name, country code, and any non-ZIP mailing codes or other non-U.S. Postal ···~I Service features here. If this address is inside the United States. leave these spaces blank. C. Project I Site Information Check boxes and Regulated Entity Reference Number These boxes designate this site's status as a TCEQ "regulated entity"-in other words, a location where an activity that we regulate occurs. We assign each regulated entity a number that begins with "RN," followed by nine digits. This is not a permit number, registration number, or license number. • If this site has not been assigned a Regulated Entity Reference Number or if this number is unknown, check "New" and leave the space for the Regulated Entity Reference Number blank. • If this site has already been assigned this number, enter the Regulated Entity Reference Number and: Check "No Change" if all the remaining information is the same as previously reported. However, even if there has been no change, you must complete this section at least through "E-mail Address" for this NOi to be valid. If this site's information has changed since the last time it was reported to the TCEQ, check neither box and complete the remainder of this notice of intent. • Do not enter a permit number, registration number, or license number In place of the Regulated Entity Reference Number. Name Enter the name by which you want this site to be known to the TCEQ. Malling Address Enter the specific mailing address for this site. If this is a street address, please follow the US Postal Service standards as described under "A. Construction Site Operator Information" on page 1 of these instructions. If the project I site's mailing address is the same as what is provided in Section A, you may enter "Same as Section A". City, State, and ZIP Code Enter the name of the city, the two-letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Physical Address Enter the physical address of the site itself. TCEQ staff should be able to use this address to find the site. Please follow the US Postal Service standards as described under "A. Construction Site Operator Information" on page 1 of these instructions. If the project I site does not have a physical address, enter "No Address". City, County, and ZIP Code Enter the name of the city, the county, and the ZIP Code. (Enter the full ZIP+4 if you know it.) This information must be provided even if you have entered "No Address" in the previous field. Location Access Description Enter a physical description of the location of the site based on highway intersections and/or permanent landmarks. Latitude and Longitude Enter the latitude and longitude of the site in either degrees. minutes. and seconds or decimal form. For help obtaining the latitude and longitude, go to: http://www.tnrcc.state.tx.us/gis/drgview.html Standard Industrial Classification (SIC) Code and Activity Description Provide the SIC code that best describes the construction activity being conducted at the site. For help with SIC codes, go to: http://www.osha.gov/oshstats/slcser.html In addition to the SIC code, you must also provide a description of the construction activity being conducted at the site. This may include such descriptions as: "Apartment Building Construction" or "Shopping Center Construction." Storm Water Pollution Prevention Plan This plan identifies the areas and activities that could produce contaminated runoff at your site and then tells how you will ensure that this contamination is mitigated. For example, in describing your mitigation measures, your site's plan might identify the devices that collect and filter storm water, tell how those devices are to be maintained, and tell how frequently that maintenance is to be carried out. You must develop this plan before you complete this NOi. This plan must be available for a TCEQ investigator to , review on request. Specific requirements for the development of the plan . --... . . T~E~20022-lnstructions (05/03) ' can be found in the Texas Pollutant Discharge Elimination System Construction General Permit (TXR 150000). Estimated Area of Land Disturbed Provide the approximate number of acres that the construction site will disturb. It is appropriate to enter a value less than 5, only if the project is part of a larger common plan that disturbs five or more acres. If the acreage is less than 1_. enter 1 .. ~Disturb" means any clearing, grading. excavating, or other s1m1lar acliv1t1es. Is the site located on Indian Country Lands? Check "Yes" only if the site is on a reservation or other areas designated by the federal government as Indian Country Lands. If not, check "No." Destination of Storm Water Discharge The storm water from your site eventually reaches a receiving water body such as a local stream or lake, possibly via a drainage ditch. The discharge may initially be into a municipal separate storm sewer system (MS4). Check the appropriate boxes for whether storm water is discharged into an MS4. If you checked "Yes" to "An MS4?", then enter the name of the entity that operates the storm sewer-often a city, town, or utility district, but possibly another form of government. You must also provide the name of the water body that receives the discharge from the construction site (a local stream or lake). Storm water may be discharged directly to a receiving stream or via a storm sewer system. If known, please include the segment number if the discharge is to a classified water body. For a map that includes segment numbers, go to: . http://www.tnrcc.state.tx.us/water/quality/data/lndex.html D. Contact Give all the relevant information for the person whom TCEQ can contact if there are questions about any of the information on this form-perhaps the same person who completed the form. E. Payment Information Provide the number and account holder name from the check or money order used to pay the $100 application fee. F. Certification The operator must sign and date this statement to validate this NOi. Be sure to enter the full legal name of the person signing the form and the relevant title-for example. "Operator," "Vice-President," or "Partner." Use the "Prefix" blank for such titles as Dr., Mr .. or Ms., as desired . Use the "Suffix" blank for such designations as Ph.D .. Jr., Sr .. lit, or J.D., if applicable. For a corporation, the application shall be signed by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer. or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation: or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. For a municipality, state. federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this application. a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. regional administrator of the United States Environmental Protection Agency). Questions? If you have questions about any of the information on this form, contact our Storm Water Program at 512/239-4671 or look for "Storm Water" on our Web site: www.tceq.state.tx.us ~-u Notice of Termination (NOT) for Storm TCEQ Office Use Only Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) TPDES Permit Number: TXR15 t_J_' __ -NO GIN Number: j_i_!-i-1-1-1-l For help completing this application, read the TXR150000 NOi Instructions (TCEQ-20023-lnstructions). A. TPDES Permit Number: TXR 15 __ _ B. Construction Site Operator Customer Reference Number: CN _____ _ Name:----------------------------------------Mailing Address: ___________________________________ _ City: ________________________ State:_-______ Zip Code: ___ _ Country Mailing Information (if outside USA) Territory: Country Code: Postal Code: __ _ Phone Number: __________ Extension: ______ Fax Number: ___________ _ E-mail Address: ___________________________________ _ C. Project I Site Information Regulated Entity Reference Number: RN _____ _ Name:--------------------------------------~ Physical Address: ___________________________________ _ Location Access Description: _______________________________ _ City: ___________________ County: _-__________ Zip Code: ___ _ D. Contact -If the TCEQ needs additional information regarding this termination, who should be contacted? Name: Title: __________________ _ Phone Number: __________ Extension: ______ Fax Number: ___________ _ E-mail Address: ___________________________________ _ E. Certification ~ I certify under penalty of law that authorization under the TPDES Construction General Permit (TXR150000) is no longer necessary based on the provisions of the general permit. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge storm water assoCiated with construction activity under the general permit TXR 150000, and that discharging pollutants in storm water associated with construction activity to waters of the U.S. is unlawful under the Clean Water Act where the discharge is not authorized by a TPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act. Construction Site Operator Representative: Prefix: _______ First: ______________ Middle: _____________ _ Last:. __________________________ Suffix: ___________ _ Title:---------------------------------------- Signature: ______________________ Date: _____________ _ If you have questions on how to fill out this form or about the storm water program, please contact us at (512) 239-4671 . Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at (512) 239-3282. The completed NOT must be mailed to the following address: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC -228 P.O. Box 13087 Austin, Texas 78711-3087 t Q -2~23 (02/03) .· . • Completing the Notice of Termination for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) Who May File a Notice of Termination (NOT) Form Permittees disturbing 5 acres or more (or part of a larger common plan of development or sale disturbing 5 acres or more) who are presently covered under the Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit must submit a Notice of Termination (NOT) when final stabilization has been achieved on all portions of the site that is the responsibility of the permittee; or another permitted operator has assumed control over all areas of the site that have not been finally stabilized and all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator if the new operator has sought permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. Final Stabilization occurs when either of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or goetextiles) have been employed. (b) For individual lots in a residential construction site by either: (1) the homebuilder completing final stabilization as specified in cond ition (a) above; or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (c) For construction activities on land used for agricultural purposes (e.g. pipelines across crop or range lan.d), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to a surface water and are_as whi?h are not being returned to their preconstruct1on agricultural ~.se must meet the final stabilization conditions of cond1t1on (a) above. A. TPDES Permit Number Provide the TPDES permit number assigned to the operator of the construction site. T~E~-2~23-lnstructions (09/02) ".-·~ .. ; B. Construction Site Operator Information Customer Reference Number This number designates the operator's status as a TCEQ "customer" -in other words, an individual or business that is involved in an activity that we regulate. We assign each customer a number that begins with "CN," followed by nine digits. This is not a permit number, registration number, or license number. In the remainder of this section, we will use "this customer" to mean the operator for Part B of the form. • If this customer has not been assigned a Customer Reference Number, leave the space for the Customer Reference Number blank. • If this customer has already been assigned this number, enter the operator's Customer Reference Number. • Do not enter a permit number, registration number, or license number in place of the Customer Reference Number. Name Enter the legal name of this customer as authorized to do business in Texas. Include any abbreviations (LLC, Inc., etc.). Mailing Address Enter a central and general mailing address for this customer to receive mail from the TCEQ. For example, if this customer is a large company, this address might be the corporate or regional headquarters. On the other hand, for a smaller business, this address could be the same as the sjte address. If this is a street address, please follow US Postal Service standards. In brief, these standards require this information in this order: • the "house" number-for example, the 1401 in 1401 Main St • if there is a direction before the street name, the one-or two-letter abbreviation of that direction (N , S, E, W, NE, SE, SW, or NW) • the street name (if a numbered street, do not spell out the number-for example, 6th St, not Sixth St) • an appropriate abbreviation of the type of street-for example, St, Ave, Blvd, Fwy, Exwy, Hwy, Cr, Ct, Ln • if there is a direction after the street name, the one- or two-letter abbreviation of that direction (N, S, E, W, NE, SE, SW, or NW) • if there is a room number, suite number, or company mail code City, State, and ZIP Code Enter the name of the city, the two-letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Country Mailing Information If th is address is outside the United States, enter the territory name, country code, and any non-ZIP mailing codes or other non-U.S. Postal Service features here. If this address is inside the United States, leave these spaces blank. Phone Number and Extension This number should correspond to this customer's mailing address given earlier. Enter the area code and phone number here. Leave "Extension" blank if this customer's phone system lacks this feature. Fax Number This number should correspond to this customer's mailing address given earlier. Enter the area code and fax number here. E-mail Address As with the mailing address, this should be a general address that is appropriate for e-mail to this customer's central or regional headquarters, if applicable. C. Project I Site Information Regulated Entity Reference Number This number designates this site's status as a TCEQ "regulated entity" -in other words, a location where an activity that we regulate occurs. We assign each regulated entity a number that begins with "RN," followed by nine digits. This is not a permit number, registration number, or license number. • If this site has not been assigned a Regulated Entity Reference Number, leave the space for the Regulated Entity Reference Number blank. • If this site has already been assigned this number, enter the Regulated Entity Reference Number. • Do not enter a permit number, registration number, or license number in place of the Regulated Entity Reference Number. Name Enter the name by which you want this site to be known to the TCEQ. Physical Address Enter the physical address of the site itself. TCEQ staff should be able to use this address to find the site. Location Description Enter a physical description of the location of the site based on highway intersections and/or permanent landmarks. City, County, and ZIP Code Enter the name of the city, the county, and the ZIP Code. (Enter the full ZIP+4 if you know it.) D. Contact Give all the relevant information for the person whom TCEQ can contact if there are questions about any of the information on this form-perhaps the same person who completed the form. "*C!-2"°23-tnstructions (09/02) E. Certification The operator must sign and date this statement to validate this NOi. Be sure to enter the full legal name of the person signing the form and the relevant title-for example, "Operator," "Operator's attorney," or "Senior Site Manager." Use the "Prefix" blank for such titles as Dr., Mr., or Ms., as desired. Use the "Suffix" blank for such designations as Ph.D., Jr., Sr., Ill, or J.D., if applicable. For a corporation, the application shall be signed by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this application, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. regional administrator of the United States Environmental Protection Agency). Questions? If you have questions about any of the information on this form, contact our Storm Water Program at 512/239-4671 or look for "Storm Water" on our Web site: www .tceq.state.tx.us Pa~ TCEQ Office Use Only Q Low Rainfall Erosivity Waiver for Storm -: Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) TPDES Waiver Number: TXRCW l-1-1-1-!-NO GIN Number: 1-1-1-1-1-1-1-1 For help completing this application, read the Low Rainfall Erosivity Waiver Instructions (TCEQ-20064-lnstructions). A. Construction Site Operator D New D No Change Customer Reference Number: CN _________ _ Name: _____________________ _ Mailing Address: _____________________ City: ________ State: __ Zip Code: ____ _ Country Mailing Information (if outside USA) Territory: Country Code: Postal Code: ----Phone Number: ____________ Extension: ________ Fax Number: E-mail Address:-----------------------"""".""-------------------- Type of Operator: D Individual D Sole Proprietorship -D.B.A. D Partnership D Corporation D Federal Government D State Government D County Government D City Government D Other: ____________________ _ Independent Operator? D Yes D No Number of Employees: D 0~20 D 21-100 D 101-250 D 251-500 D 501 or higher Federal Tax ID: State Franchise Tax ID Number: DUNS Number: 8. Project I Site Information D New D No Change Regulated Entity Reference Number. RN _________ _ Name:-----------------------------------------------Mailing Address: _____________________ City: ________ State: __ Zip Code: ____ _ Physical Address: _________________ City: _______ County:_-______ Zip Code: ____ _ Location Access Description:---------------------------------------- Latitude: " N Longitude: ______ .. W Degrees (°), Minutes ('), and Seconds (") Latitude: Longitude: -Decimal Form Standard Industrial Classification (SIC) code: Also, describe the construction activity at this site (do not repeat SIC code): Estimated start date:__ __ _ __ Estimated end date:__ __ _ __ Does the construction site, based on its location and time frame for completion, have an R Factor< 5? D Yes D No If no, this waiver can not be obtained. Will the construction site disturb an area greater than or equal to 5 acres, or is the COf'lstruction site part of a larger common plan of development or sale that would disturb an area greater than or equal to 5 acres? D Yes D No If yes, this waiver can not be obtained. Does this project I site discharge storm water into a municipal separate storm sewer system (MS4 )? D Yes D No If yes, provide the name of the MS4 operator:--------------------------------- Provide the name or segment number of the water body that receives storm water from this project I site: C. Contact -If the TCEQ needs additional information regarding this waiver, who should be contacted? Name: Title: ______________________ _ Phone Number: Extension: Fax Number. ______________ _ E-mail Address: D. Certification I certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization by waiver under the TPDES General Permit TXR 150000. Construction activities at this site shall occur within a time period in which the erosivity factor (R Factor) is less than 5. I understand that if construction activities continue past the end date provided in this form, a new R factor must be calculated based on the initial start date and a new end date. If the R Factor is greater than or equal to 5, all applicable sections of the general permit (TXR150000) must be followed. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Construction Site Operator: Prefix: _________ First: ________________ Middle: ________________ _ Last: ________________ Suffix: ______ Title: _____________________ _ Signature: Date:. _______________ _ If you have questions on how to fill out this form or about the storm water program, please contact us at (512) 239-4671 . Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at (512) 239-3282. TC ~0064 (05103) The completed waiver must be mailed to the followin.g address: Texas Commission on Environmental Quality Storm Water & General Permits Team; MC· 228 P.O. Box 13087 · Austin, Te;:as 78711-3087 Completing the Low Rainfall Erosivity Waiver for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) A. Construction Site Operator Information Check boxes and Customer Reference Number These boxes designate the operator's status as a TCEQ "customer"-in other words, an individual or business that is involved in an activity that we regulate. We assign each customer a number that begins with "CN." followed by nine digits. This is not a permit number, registration number, or license number. In the remainder of this section, we will use "this customer" to mean the operator for Part A of the form. • If this customer has not been assigned a Customer Reference Number or if this number is unknown, check "New" and leave the space for the Customer Reference Number blank. • If this customer has already been assigned this number, enter the operator's Customer Reference Number and: Check "No Change" if all the remaining customer information is the same as previously reported. However, you must still complete most blanks in this form for this notice of intent to be valid. • If this customer's information has changed since the last time it was reported to the TCEQ, check neither box and complete the remainder of this notice of intent. • Do not enter a permit number, registration number, or license number In place of the Customer Reference Number. Name Enter the legal name of this customer as authorized to do business in Texas. Include any abbreviations (LLC, Inc., etc.). Mailing Address Enter a central and general mailing address for this customer to receive mail from the TCEQ. For example, if this customer is a large company, this address might be the corporate or regional headquarters. On the other hand, for a smaller business, this address could be the same as the site address. If this is a street address, please follow US Postal Service standards. In brief, these standards require this information in this order: • the ·house" number-for example, the 1401 in 1401 Main St • if there is a direction before the street name, the one-or two- letter abbreviation of that direction (N, S, E, W, NE, SE, SW, or NW) • the street name (if a numbered street, do not spell out the number-for example, 6th St, not Sixth St) • an appropriate abbreviation of the type of street-for example, St, Ave, Blvd, Fwy, Exwy, Hwy, Cr, Ct, Ln • if there is a direction after the street name, the one-or two-letter abbreviation of that direction (N , S, E, W, NE, SE, SW, or NW) • if there is a room number, suite number, or company mail code City, State, and ZIP Code · Enter the name of the city, the two-letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Country Mailing Information If this address is outside the United States, enter the territory name, country code, and any non-ZIP mailing codes or other non-U.S. Postal Service features here. If this address is inside the United States, leave these spaces blank. Phone Number and Extension This number should correspond to this customer's mailing address given earlier. Enter the area code and phone number here. Leave "Extension" blank if this customer's phone system lacks this feature. Fax Number This number should correspond to this customer's mailing address given earlier. Enter the area code and fax number here. E-mail Address As with the mailing address, this should be a general address that is appropriate for e-mail to this customer's central or regional headquarters, if applicable. • • ~ .f<\0-20064-lnstructions (04/03) ., ' .. If "No Change" was checked for this customer, you may skip the rest of the fields in this part of the form and continue to the next part of the NOi. Type of Operator c heck onlv one box. Check ... If this customer ... Individual is a person and has not established a business to do whatever causes them to be regulated by us. Sole is a business that is owned by only one person and Proprietorship--has not been incorporated. This business may: 0.8.A. • be under the person's name . have its own name {"doing business as," or d.b.a.) . have any number of employees Partnership is a business that is established as a partnership as defined by the Texas Secretary of State's Office. Corporation meets all of these conditions: . is a legally incorporated entity under the laws of any state or country . is recognized as a corporation by the Texas Secretary of State . has proper operating authority to operate in Texas . Federal, state, is either an agency of one of these levels of county, or city government or the governmental body itself (If a utility government (as district, water district, tribal government, college appropriate) district, council of governments, or river authority, check "Other" and write in the specific type of government.) Other fits none of the above descriptions. Enter a short description of the type of customer in the blank provided. Independent Operator? Check "No" if this customer is a subsidiary or part of a larger company. Otherwise, check "Yes." Number of Employees Check one box to show the number of employees for this customer's entire company, at all locations. This is not necessarily the number of employees at the site named In this NOi. Federal Tax ID All businesses, except for some small sole proprietors, should have a federal taxpayer identification number (TIN). Enter this number here. Use no prefixes, dashes, or hyphens. Individuals and sole proprietors do not need to provide a federal tax ID. State Franchise Tax ID Corporations and limited liability companies that operate in Texas are issued a franchise tax identification number. If this customer is a corporation or limited liability company, enter this number here. DUNS Number Most businesses have a DUNS (Data Universal Numbering System) number issued by Dun and Bradstreet Corp. If this customer has one, enter it here. B. Project I Site Information Check boxes and Regulated Entity Reference Number These boxes designate this site's status as a TCEQ ·regulated entity"-in other words, a location where an activity that we regulate occurs. We assign each regulated entity a number that begins with "RN." followed by nine digits. This Is not a permit number, registration number, or license number. • If this site has not been assigned a Regulated Entity Reference Number or if this number is unknown, check "New" and leave the space for the Regulated Entity Reference Number blank. • If this site has already been assigned this number, enter the Regulated Entity Reference Number and: .. ,., • Check "No Change" if all the remaining information is the same as previously reported. However, even if there has been no change, you must complete this section at least through "E-mail Address" for this NOi to be valid. If this site's information has changed since the last time it was reported to the TCEQ, check neither box and complete the remainder of this notice of intent. Do not enter a permit number, registration number, or license number in place of the Regulated Entity Reference Number. Name Enter the name by which you want this site to be known to the TCEQ. Mailing Address Enter the specific mailing address for this site. If this is a street address, please follow the US Postal Service standards as described under "A. Construction Site Operator Information· on page 1 of these instructions. If the project I site's mailing address is the same as what is provided in Section A, you may enter "Same as Section A". City, State, and ZIP Code Enter the name of the city, the two-letter USPS abbreviation for the state (for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.) Physical Address Enter the physical address of the site itself. TCEQ staff should be able to use this address to find the site. Please follow the US Postal Service standards as described under "A. Construction Site Operator Information" on page 1 of these instructions. If the project I site does not have a physical address, enter "No Address·. City, County, and ZIP Code Enter the name of the city, the county, and the ZIP Code. (Enter the full ZIP+4 if you know it.) This information must be provided even if you have entered "No Address· in the previous field. Location Access Description Enter a physical description of the location of the site based on highway intersections and/or permanent landmarks. Latitude and Longitude Enter the latitude and longitude of the site in either degrees, minutes, and seconds or decimal form. For help obtaining the latitude and longitude, go to: http:l/www .tnrcc.state.tx.us/gis/drgview .html Stan.dard Industrial Classification (SIC) Code and Activity Description Provide the SIC code that best describes the construction activity being conducted at the site. For help with SIC codes, go to: http://www.osha.gov/oshstatslsicser .html In addition to the SIC code, you must also provide a description of the construction activity being conducted at the site. This may include such descriptions as: "Apartment Building Construction· or "Shopping Center Construction: Is the site located on Indian Country Lands? Check "Yes" only if the site is on a reservation or other areas designated by the federal government as Indian Country Lands. If not, check "No." Estimated Start and End Date Provide the date in which the construction activity will commence and the projected date in which the construction activity will be completed. The dates provided in this waiver must be used to calculate the R factor for the site. R Factor< 5 Check "Yes" if the calculated R Factor for the construction site is less than 5 .. tf the construction site has an R Factor greater than or equal to 5, this waiver is not attainable and authorization to discharge storm water must be obtained by following the provisions in the Construction General ·Permit (TXR150000). For help with calculating R Factors, go to: http:l/www.epa.gov1npdes/pubs/fact3-1.pdf l TtEcY-20064-lnstructions (04/03) ·~ Construction Disturbance Check "Yes" if the construction activity disturbs 5 acres or more. or the construction. activity is part of a larger common plan of development or sale that would disturb 5 acres or more. Otherwise, check "No." Only constructi~n ac:ivities that disturb less than 5 acres are eligible for this waiver. If Yes 1s selected, this waiver 1s not attainable and authorization to discharge storm water must be obtained by following the provisions in the Construction General Permit (TXR150000). Destination of Storm Water Discharge The storm water from your site eventually reaches a receiving water body such.as.a local .stream or 1.a~e. possibly via a drainage ditch. The discharge may 1nilially. be into a municipal separate storm sewer system (MS4 ). Check the appropriate boxes for whether storm water is discharged into an MS4. If you checked "Yes· to "An MS4?", then enter the name of the entity that operates the storm sewer-often a city, town, or utility district, but possibly another form of government. You must also provide the name of the water body that receives the discharge from the construction site (a local stream or lake). Storm water may be discharged directly to a receiving stream or via a storm sewer system. If known, please include the segment number if the discharge is to a classified water body. For a map that includes segment numbers, go to: http://www.tnrcc.state.tx.us/water/quality/data/index.html C. Contact Give all the relevant information for the person whom TCEQ can contact if there are questions about any of the information on this form-perhaps the same person who completed the form. D. Certification The operator must sign and date this statement to validate this NOi. Be sure to enter the full legal name of the person signing the form and the relevant title-for example, "Operator," "Operator's attorney," or "Senior Site Manager." Use the "Prefix" blank for such titles as Dr., Mr., or Ms., as desired. Use the "Suffix" blank for such designations as Ph.D., Jr., Sr., Ill, or J.D., if applicable. For a corporation, the application shall be signed by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a princip.al business function, or any other person who performs similar policy or dec1s1on-making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 m1lhon (1n second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this application, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. regional administrator of the United States Environmental Protection Agency). Questions? If you have questions about any of the information on this form, contact our Storm Water Program at 512/239-4671 or look for "Storm Water" on our Web site: www .tceq.state.tx.us • ..._ ----.... CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part 11.D.1. of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www. tnrcc. state. tx. us/permitting/waterperm/wwperm/tpdestorm Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized) For Construction Sites Authorized Under Part 11.D.1. the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization by waiver under Part 11.D.l. ofTPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on. _____ _ I understand that if construction activities continue past this period, all storm water runoff must be authorized under a separate provision of this general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature arid Title Date "' --..._ --.. ----.--.... CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part 11.D.2. of the TCEQ General Permit Number TXRl 50000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www. tnrcc. state. tx. us/permitting/waterperm/wwperm/tpdestorm Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized) Location of Storm Water Pollution Prevention Plan : For Construction Sites Authorized Under Part 11.D .2. (Obtaining Authorization to Discharge) the following certification must be completed: ________________ (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part 11.D.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date .f f . t ' .. ,, ~ \ • i = = 12 By Mary Catherine Hager Lot-level approaches to stormwater management are gaining ground. T here's an enthusiastic and growing movement in the United States to- ward managing stormwa- ter through low-impact development (LID) ap- proaches. But what exactly is low-im- pact development, and how does it compare to conventional stormwater management? ls LID a passing trend or a philosophy to be taken seriously? or course, LID proponents support th e lat- ter, descri bing the relatively new ap- proach in ecological and hydrological terms. Says Larry Collman, associate director of Programs and Planning. En- vironmental Resources in Prince George's County, MD, and a national expert on low-impact development. "LID is the culmination of all our thinking about how lo modify th e na- ture of development. so as to maintain natural ecological function." In tradi- tional stormwate r management. waler Stormwater • Janua1y/February 2003 is typically moved off a site as quickly as possible to a centralized fa cility, such as a pond or a local tributary. LID, however, treats rainfall on-site by attempting to integrate control into site and building design in order to main- tain hydrological function. Coffman recogni zes the gap between the tradi- tional mindset of stormwater manage- ment and the LID philosophy. "With LID. we view rainwater as a resource as opposed to a toxic waste product. We begin to see it as a vital part of maintaining the ecosystem." Essential- ly. LID attempts to model nature and match predevelopment hydrology through infiltrating, storing, filtering, evaporating, and detaining runoff. Ne il Weinstein shares Coffm an's passion for LID applications. As execu- tive director of the Low Impact Devel- opment Center in Beltsville, MD, a nonprofit organization that promotes sustainable development, Weinstein strives to make LI[) lechnol< •g.1 "1cl• ·h available. I le describes LI I) a~ ii .. d1,.;- tributed source-control apprnach d<' signed to trl';it and manage rnnoll al the source." In contrast to conventional stormwater management. says \ \·ei 11- stein. LID is based on developing rn11 - trols and strategies for targeted re- sources or regulatory objectives. nol JUSt on modif~·ing llood-control ap- proaches. VVeinstein illustrates th l' neccl il11· the LID approach through an e.\a111plc of stormwater management difficultil's in th e suburban i\larvland and \\.ash- in gton. DC. area. "In this region 11·e·re having prohi1'ms !ll'ilh] ground"·ater recharge lwn wse co11Yentional end-of'- pipe technolng.1· has con1·e1·ed 11·iller off-site and therefore signif'in1111'°' al- tered the hydrologic cycl e ... \\'cin<tl'in beli eves the LID approach pro1·ides the path to maintaining watershed integrity and hydrologic function. LID takes a lot-level approach to stormwater management. treating rain- water where it falls by creating condi- tions that alloll' the ll'alcr to il'':ltrate back into the ground. The int• ,c_: ated management practices applied to ac- complish LI 0 span a diverse range. in- cluding but not limited to: consen1ation and minimization through narrowe r residential streets. reductions in impervious side1rnlk area. additions of porous p<llT'l1e11t or replacement of e.\isting , ;: · ·ment wi th pervious structures. a11<i . ,·c- ation of concave medians and land- scaped traffi c-calm ing features: conveyance through grassed chan- nels and biorctcntion channels. and disconnection of impervious areas to redirect runoff to vegetatrd areas: storage to reduce peak ti;'_; ·:··4p via pedestal sidewalks. raim1<1:. .1ptme and use (rain ba1Tels). green roofs. and yard. curb, or subsurface storage; infiltration through trenches and basins, and exfiltration devices: and landscaping measures such as biore- tention cells. rain gardens. slope re- duction. pl anter boxes. 11· I" l' nrqund cover, and green alley~. Kevin i\lncer. executi1"1· rnrv<"t.11• of' RiverSides \1cwardship Alliance in Toronto, 01\. an organization dedicated to prevention of nonpoint-source pollu - tion. feels particularly strongly about the role of urban forests in LID TrPes in tercept and slow down th<· n .. w of water, help infiltrate large 'Ii;·.• :: "S or water, and contribute to 1,·a11·,. :' .ng through evapotranspiration. www.stormh2o.com Rain Gardens, Rain Barrels, and SmartStorm Coflnian and l'rim·<· C<·orgl''s County ha\"l' played key rol<'s in lhl' dc,·elop- nH "l l of LID in tile S But Collm an , 'i .iains th al i L~ rnoL~ arose in the earl.v t q:--Os fro m othn nations. including Cl'rniany. Franet " and .Japan. "·here citil'~ were inlcn",ted in applying dis- tributed. inlegral!·d management lech- niqt1es lo reducing slormwaler quanlit:-· 10 ;i llevialc probll'ms with combined ,<."t·r o,·erllow (CSO). 1 lydrology man- , in those countries developed the , .:1tc pls in mod<·ls even earlier than that. specilying the causes of hydrology l'hanges in urban a1·eas. Co llman be- li t·1 l'S th al LID te chnology could have wkl'n oil long ago. ''The philosophy and -.<·11·nce have always been there. bul no ·11t·"; really explored them before ... oilman's own experi ence with LID · t11 111 the lat<· 1980s and early [ l)'l()s through his involve111enl with h1t orclcnlion technology. l'roble111s wi th oil grid separators led him to explore filtning waler through "lhe green space that is available al an industrial com- n·ial sill'. .. By about 1988. Coffman l1cgun lo work with forestry ex- h and landscape arch itects lo dcw·l- ''I' a plant-soil microbe filter modeled after a terrestrial forest complex. Such litters had been operating effecti1·cly in Lilt' wastewater-waler fi eld for decades. i)uring 1990-93. Collman de1·eloped narural bioretention. the process of cap- 1u1111g pollutants in bacteri al and plant I 'i"lllass. One or the engineers on the 1>11 •retention project noted that the cl~ l<1n was going to alter runoff on the project site. Intrigued. Coll111an proceed- ed Ln see how much th e nature of rnnoll could be changed by storing wa - in on the site. "\Ve can control it all." 11t· disctll'Ned. "and we don't need a lot • •l ,pan· ... Coffn wn then progrl'sscd i11o111 cha11gi11g !low lo pursuing \\<II'~ or r<'qoring ecological !'unction. .\lso in tlw early 1990s. landscape arl'hilt'd s lwgan incorporating t'n1·irnn- nH·ntally st·nsitll(' ci!'s1g11 1nt11 S(Cl\'111\\il- ler conlrnl !'llorls .loan lv<Ts1111 :\;1s- saucr. prol'essor ol' landscapl' archilL'<'- ture al the Uni versity of f\lichigan. has pursued research and d<·sig11 opponuni- lics dealing with "urban ecosystem managemenl. .. i\assaul'r\ prnjl'cls. l.l'f>i- cally collahoratil'<· <'ilorts with n1u11ici- pal civil engineers and ll'Hlcr 111anage- mcnt personn el. implement rl'I rnlit so- luti ons lo improv!' stonnwail·1· control. She has actively t·111ployed rain gardens. or "rainwater ga rdens ... as additions lo existing properties. Hain gard ens detain or infiltrate rainwater in small depres- sions that are constructed nt·ar ll'herc the rain falls. Thev arc dcsignl'd lo rnl- lecl and soak up rainwater and capture pollutants and lo drain or detain stand- ing water effi ciently. They are grnerally pl anted with native species that arc wet-and dry-to lerant and ol'tcn add to the biodiversity ol' an urban area. In 1995. Nassaucr and co lll'agues launched a demonstration rain gardc11 th l' ra11 1 gard1·11 s t·11t1t1gh of a st1lT<·s~ that is lias incorpora l<'d or plan.., lo in- corporatt· ncarl.1· 250 nwre of them into otllt'r neighborhoods. both 11cw and established. si11 cl' the pilot ,·!Tort. \Jassaucr is pleast•d with thl' contri- bution <>f the rain gardens to !'!'charging ground\\'alcr. 111aintaining natu ral hy- drology. and absorbing and detaining pollutants carried in the slornl\\·ater. "The proj<'cl was in the po tholt · topog- 1·nphy or central l\linn esota ... slH' ex- plains. "and the slormwaler would've gone l'rom this litlle neighborhood di- rectly into a Ink<'. I'm glad we \\'l'rc able to inl'illral<' and detain that water instead ... Clif'I .\ichin ger, city engineer for \ laple\\·oocl. was involved with the origi- nal project and has taken pa1i in th e an- nual r<'l'iews of the gardens· pe1for- 111ance t·1·cr since. "The soils in much of the city arc very pcr111cable and suppori the rain garden approach without hold- ing water for more than a clay or lll'O. "When the stre ets need upgrading or reconstruction, it · s easy to sell the rain gardens to residents rather than expensive curb, gu tter, and storm sewer assessments" project across two blocks ol a rcsid l·n- lial street in l\laplcwood. i\1\. a suburb of l\linneapolis-St. Paul. Hcsidrnh rnl- unteercd lo have small rain gard en~ constructed on appropriate lrwaliPns ol thcfr property and participated in their design. BC'cause the street ll'as <'xpcri- cncing periodic llooding. it had prt·1·i- nusly been slated l'or repm in g and th t' installation of rnrb and gutll·1· storn1wa- t<'r Sl'\\'l'rS. Till' rain gardens t·llt·<·t 11 c·l_1· ..,1, •\\ l'd and infil trated slorrmnlll'I' l'll noll "itl1- 011l additional conlTl'll' inlrn~ll'llrtun" ThC' City of \laplcwood has rnnsid <·n·d Some areas inl'illrale in a maller of hours. The areas where th e rain gardens arc lornted are used lo having so me standing water fo llowing rain l'1·ents. The concept would be much more difli- cull lo sell in areas that arc used to hav- 111g stormwatcr disappear immediate!\' ... 11<· notes that the 1950s-era neighbor- h"orl "·here the first gardens \\·ere con- -.t!'llctcd \\'as c•sscntialh' rnral in dt'si gn "1th 1w c·oncTelt' gutters or c,tonn Sl'\\'- t·rc, "\\hen Lill' slrl'<'h Jll'l'd upgrading 1i1· n·cunsll'llrlion. it is casv to sell the rain gardens to residt•nts ratht:r than cx- pl'nSil'!' rnrb. gutter. and storm <;C\\'l'r Ph I •'. JO,tfl l\l(_•f\\Hl N.l\\,HWI Rain gardens. such as this one in Maplewood. detain or infiltrate rainwater in small depressions constructed on individual lots. ·· ... .:.v ..;· 1rn1t12o :::om • Stormwater 13 :: I l 14 :1 ........ t'"-1"-llllt'l lh.· l\;1111 g;mlt·11s li;J\t' als•> llt 't'll llH'<>rp"- ralt'<I 111to llnlh n •sidt·1111al ;111d ('Ollllllt'r- n;il prnpt>rlit·, Ill St'\ ('rill or Cotlrn;111\ 111ain I.I J) lff"l"ch. StJ11w rsl'i. a JH'\\' r(',i- 11\>nti:1I c01nn11111ih 111 l'ri1w1· C('org(··, Crn111(\'. i11clt1d('S a rain gardC'll Oil t•;1ch or the 1lt'arly :ZOO lols. T lw ll('ighhorhood 1, also d(·,ig11('d with grass.1· open drainage S\\al('s nn !Ill' sidl's or th(' rnads-rnadt' widl'r to allow l'or pcdl'st rian traffic-hut 110 curbs. guttl'rS. s1dcll'alks. o r co11 v(•n- tio11al I~ ti 11' ponds. Collman has worked closely ll'ith Somerset's develope rs tn de- sign and implement tlw LI I) features. :\no the r ma jo r LID component com- 1110n in residentia l development is the rain barrel. designed to retain stormwatcr that washes oil rooftops. Unlike in rain gar- dens. water retained in a rain barrel can be reused for watering lawns, gardens. o r trees. RivcrSides Stewardship Alliance rec- ommends that every house have at least two rain barrels, with a minimum storage capacity o r I m ' ( 1.000 lit.). "Overall we're looking at capturing, at a minimum. the five-year storm, as much of what comes off a roof as possible." Mercer ex- plains that rain barrels serve multiple pur- poses. one being to attenuate first flush o ff Stormwater • Jan urn y ;r ch1 uary 20CJ3 Top: Rain barrels retain stormwater that washes off rooftops. Bottom: Front yard rain barrel till' roof. a ··tripk wha1111m.-· ol l11gh '"I umt'. llll'rmal load. and ci 1111a111111a111s. 1:ach rain barrel installat)()n is rnupl<'d 1 with a soak-away pit or dry ll'dl 11Ja1 ctl11 sists or granular mate rial COl'l'rl'd \\'itlJ a grate that i11liltra{('s rnin hmrt'I on·rll"" into tl1e ground\\'all'r tablt·. 1:ach 111,1<1lla lion not only prt•1·ents sto rm 11011· and provides water e ffi ciency h11t also ach 111 recharge captured rainfall into lilL' ~oil tllercer considers the l{iwrSidl'S nu11 barrel lo be ·'intelligently dcsignl'd ·· "This is a cost-cllcctive engineer-built '"- lution that is vtTtorproof and childpr"o r and large enough lat] 5(i5 liters. or I :10 gallons " Its unique realure is a hl'JJass valve that filters o ut grit and other conta- minants and serves as a bypass. routing overflow to a soak-away pit or a rain gar- den. Mercer calls the RiverSid es rain bar- rel a "perfect solution" for residential properties trying lo maintain the capacity of their lots to rein fi ltrate slormwaler Hain barrels are a n integral part of such major municipal wa ler-quality pro- Photos: R•ve<Sodes Stewa,dsh;p Alhance grams as the City of Ottawa's \ \·ater- C11cle #41 on Reader Service Cwd www .stormh2o.com 18 Links surface-water-quality protection program, which distributed 500 of them, and the City of Toronto's suc- cessful Downspout Disconnection Pro- gram. Mercer believes the rain barrels are an effective lot-level method for cl ean-water protection and personal ac- tion, which he views as "the heart of low-impact development, stormwater capture and reuse, and the reduction of combined sewer overflows." A dramatic use of rain barrels is un - derway in a demonstration project in the Boston, MA, area where, as in many urban areas, reduced groundwa- ter recharge and growing demands for potable water have combined to stress the local watershed. The Charles River Watershed Association (CRWA), led by executive director Robert Zimmerman, is employing its own SmartStorm Rain- water Recovery System to capture rooftop runoff and store water fo r i1Ti- gation and nonpotable uses. In the sum- mer of 2002, 30-40 residents in the Bellingham community were offered the SmartStorm system without cost, a value of $2,000-$3,000 per home. Each homeowner received two rain barrels, installed partially buried near roof drains, capable of storing the equivalent of 1000/o of the runoff from a 2-in. rainstorm off a 2,000-ft.2 roof. Any small amount of overflow from the tanks' dry wells is directed away from homes. Proponents of the SmartStorm system believe it benefits the environ- ment through increased groundwater recharge, decreased runoff volume and peak flows, decreased flooding poten- tial, reduced demand for potable water used for i1Tigation, and improved stormwater quality. Homeowners bene- fit because th e onsite storage reduces dependency on municipal water and supplies water for nonpotable uses, even during town watering bans. The CRWA expects to place the SmartStorm system on the market by this spring. Comparing Costs Stormwater managers and engineers wary of high installation and mainte- nance costs question the affordability of LID practices. But results of completed LID projects indicate that the higher initial landscaping costs of LID might be offset by reductions in the infrastruc- ture and site preparation work associat- Clean Storm Water Fast! : eel with conventional approaches. Esti- mates from pilot proj ects and case stud- ies suggest that LID projects can be compl eted at a cost reduction of 25- 300/o over conventional projects-in de- creased site development. stormwater fees, and residential site maintenance. The Somerset rain gardens enjoyed even greater savings, with an estimated implementation cost of $100,000 com- pared to a cost of $400,000 for the BMP ponds originally planned on the site, not including curbs, sidewalks, and gutters. Though not as dramatic a cost difference, the retrofitted Maplewood rain gardens saved that city about 10% of the cost of completing a conventional stormwater upgrade. LID practitioners in new developments promote its initial cost savings as an incentive for devel- opers, saying it allows them more flexi- bi lity and the opportunity to add other features to the property or even devel- op space that might othe1-wise be dedi- cated to ~ stormwater pond. But beyond construction estimates, even LID proponents recognize the difficulty of directly comparing its maintenance costs against those of conventional stormwater management Naturally reverse the process of water contamination -quickly and easily. Highway Culverts 100% PAM-free, biodegradable, fish safe, and cost effective , Storm-Klear™ Cleans runoff from your construction site so you can get back on schedule. Call us at (425) 861-9499 www.naturalsitesolutions.com natural -~· Simply Clean water solutions Circle #44 on Reader Service Card Stormwater • January /February 2003 • Airport Runway/Parking Lot Golf Course Storm Drains • Industrial Waste Water Applications • Constructed Wetlands • Landfill Drainage • Sewer Sludge Compost Pipe Septic Sewer Drain Pipes Crumpler Plastic Pipe, Inc. Post Office Box 2068 Roseboro, NC 28382 For the Best Quality and Se/Vice Call 800-334-5071 FAX: 910-525-5801 WEB SITE: www.cpp.pipe.com Circle #36 on Reader Service Card www .stormh2o.com practices. Coffman explain_s that some LID site designs cost nothmg, such as maintaining existing sandy soils for their drainage potential. "The biggest factor we've found is disconnection of runoff. Let all th e impervious surfaces drain into some grassy area or conser- vation area. If you can disconnect and distribute your drainage, it reduces your runoff volumes by 30, 40, or 500/o, [and] it doesn't cost anything." Although Coffman estimates that pro- jects designed to minimize infrastruc- ture enjoy substantial cost reduct10ns, he acknowledges that other LID prac- tices do indeed add costs. "When you start adding integrated management 1 practices-like amended soils and ' bioretention and even open drainage systems-you add costs back in." Still, Coffman estimates the overall costs of establishi ng LID practices to be gener- ally equal to or less than those of con- ventional stormwater management. Weinstein believes that costs of tradi- tional and LID stormwater management are very difficult to compare because th e "marginal costs" have not been ef- fectively addressed for either approach. Many LID projects are still in pilot , stages, and therefore their maintenance costs have not been fully assessed. We- • --1 instein asserts that this information is also lacking for conventional stormwater , management. "What's happening now :,.. [with] the first generation of stormwater : facilities-from the '80s or, in Florida, I the late ·7os-[engineers] are starting to see what it actually costs to retrofit them and repair the environmental damage that some of these have done." He elaborates that "lost land costs and long-term community costs, such as re- placing an entire pipe system after 50 or 60 years of leaking pipes," have very ' rarely been estimated for conventional management. Coffman believes that re- ducing the concrete infrastructure of a ' stonmvater management project directly decreases its overall maintenance costs. Both Coffman and Weinstein predict that LID techniques will become less expensive over time as growing num- bers of competing LID practitioners dri- ve down prices and the technology be- comes standard. "We're hoping that as we develop this technology, we'll come up with a simple suite of techniques," says Coffman. He gives as examples rain gardens, open drai nage systems, amended soils, or roof gardens-"four or five techniques that we can [be- come] more efficient in using, which will drive the cost down." www.stormh2o.com Maintenance Issues A frequent criticism of the LID ap- proach is the maintenance responsibility that falls on individual property owners when such features as rain gardens or rain barrels are installed on their lots. Nassauer agrees that this is an issue to be taken seriously. "Local governments that ultimately need to be responsible for stormwater management must be utterly clear about what the mainte- nance plans are for these systems and what entity is responsible." In Nas- sauer's Maplewood rain garden project, ecos ep • Optimally designed For use in point-source and industrial stonnwater applicati ons • High operational reliability o external energy supply needed. No electrical parts, only mechanical and stainless steel components • Up to 50% annual maintenance cost savings Full and easy access to all major components for quick and efficient cleaning and maintenance • Low disposal costs the demonstration gardens were de- signed to be maintained by the city through a single annual cutting. The city found that arrangement impractical for subsequent projects, so those resi- dents currently accepting rain gardens are responsible for their maintenance. Individual property owners are offered a range of garden plans, including some considered virtually maintenance-free. Weinstein points out that large, con- ventional stormwater facilities demand large-scale maintenance not easily man- aged by some smaller communities. The Below Grade Oil/Water Separator Separates light liquids to 5 ppm effluent oil content. ecoSep's automatic shut-off valve (ecoStop) provides maximum protection against unexpected spills or maintenance neglect when maximum oil storage capacity is reached or when a certain liquid level is exceeded. Highly efficient separator ensures that only oil is disposed of. not an oil/water mixture • 5 ppm oil/water separation Tested with future standards in mind ecos top • Optimally designed For use in point-source and industrial stormwater applications • High operational reliability • Watertight to 16 feet Total Dynamic Head • Built to last and easy to install Stainless steel components are housed in a 5000 psi precast concrete structure • Provides the safest and most cost-effective method to meet your SPCC requirements www.royalenterprises.net Full access to all major elements makes ecoSep easy to operate and maintain. Spill Control System A safe and cost-effective method of controlling oil spill contamination. A patented inlet shutoff valve closes off the drainage system when a spill is detected to prevent free oil discharge to municipal sewers or direct discharge outfalls, keeping the spill on-site where it can be addressed. RO al ENVIRONMENTAL I YSTEMS. Inc. A 01vis1on of Royal Enterprises Amonca 30612 Forest Blwl., P.O. ll<ll 119 • Slacy. MN 55079 e-ma i I: sup port@roya I e nterp rises.net 1.800.817 .3240 Circle #26 on Reader Service Card January !February 2003 • Stormwater 21 22 Low Impact Development Center is part- nered with the Friends of the Rappahan- nock in a planning and demonstration project whose goal is to assist th e mral Chesapeake Bay town of Warsaw, VA, in its efforts to effectively manage its natur- al resources in the face of the growth common to the region. The grant-funded project is assisting the town in applying LID techniques, from modifying stom1- water ordinances to providing public ed- ucation through project demonstration. Weinstein explains the appeal of the new approach to a small community: "They are quite behind it because they don't have the staff to maintain a lot of these centralized, big facilities. [They prefer) smaller structures that are easy to main- tain yet still function." Coffman emphasizes that the goal of LID is to replace traditional hard infra- structure of a conveyance-based facility with one that is "living, dynamic, and integrated into the way the site func- tions, with no infrastructure needed at reduced the amount of impervious sur- faces, and more importantly they in- creased the amount of functional sur- faces." Coffman elaborates that with the dozens of techniques available to imple- ment LID, even a loss of 30-400/o of in- stalled rain gardens over time will be offset by the redundancy of the other techniques. "The beauty of LID is that it can't fail for lack of maintenance," he contends. "And you can overdesign. If you think that some of the systems are going to fail because of lack of mainte- nance, then you add more volume stor- age." Coffman and other LID practition- ers believe that the function of these systems can increase over time, as soils mature and vegetation grows. Practices that don't require input or participation by the property owner in- clude recharge areas, drainage courses, buffer zones, infiltration swales, and open drainage systems. LID practition- ers strive to design such ecologically sound practices that over time the sys- This page and opposite: LID efforts are seen in parking lots and other commercial settings. all." His answer to criticism of such practices as rain gardens and rain bar- rels as structures doomed to fail when they are not maintained is that this per- spective doesn't take into account the complexity and "multifunctionality" of the LID approach. Coffman lists many of the techniques integrated into rain gardens that don't involve maintenance. "In the initial layout of the subdivision, [architects, planners, and developers) did conservation, they did distribution and disconnection, [and) they saved in- filtratable soils and amended soils to have more assimilative capacity. They Stormwater • January /February 2003 terns are virtually self-sustaining. "Like a terrestrial forest complex," says Coff- man, "we're trying to mimic the same ideas, the same natural processes, so there's ultimately less maintenance." Most important to the success of LID efforts are site designers knowledgeable in low-maintenance practices as well as in effectively reducing concrete infra- structure, reducing impervious area and disconnecting that which remains, and conserving open space. Educating residents and accurately assessing their needs and attitudes goes hand in hand with property owners' par. 1 ticipation in LID efforts and their willing J ness to provide that portion of mainte-. nance. As a landscape architect heavily involved in academic research, Nassauer has devoted much effort to evaluating and predicting property owners' values and accommodating those in environ- mental designs. She sums up her under- lying philosophy of merging landscape ecology and stmmwater management: "l you design this green infrastructure, or low-impact development, so that people can recognize it from the beginning as something that they like and value, that makes all the difference." assauer cau- tions that underestimating the impor- tance of such perceptions is a certain path to failure. "If we design and imple- ment something that might be extraordi- narily effective from the standpoint of stom1water management or the stand- point of ecology, but people don't get it or don't particularly like it in their neigh borhood or their yard, it's just not going to be there in five or 10 years." But she hardly feels limited by this restiiction. "You can just do so many innovative things with stormwater management within that framework, but l always start with what people like." The redundancy of LID all owed for individual preferences in assauer's Maplewood project. Al- though rain gardens were not accepted and installed by all property owners in the targeted developments, the total area of rainwater gardens installed effectively handled rain and mnoff. Coffman fe els that property owners should take respon· sibility for environmental impacts associated with their lots, an attitude he be lieves is fostered by includ· ing more LID functions inll lot design. But again, 100<\'1 compliance is not expected or required. "Seventy per- cent compliance is good enough, even less, because there are still so many techniques built into the system. With a multisystem approach, if one of the sys- tems begins to falter, you still have all these other backup systems." assauer's LID designs are incorpo· rated primarily into retrofit areas, where the emphasis has to be on resi- dents or business owners with existing expectations about their property and their property value. In contrast, LID incorporated into new development ca www .stormh2o.co· Par be >ron1oted by clt·vt·lopt·r' "' tll l t·11\·1- lin; ronlnicntally s<'11sitiv!' d<'s ig11. a11 addl'cl ··-vaiJJC to prospt·rli\'l' huyl'rS. ly \assat11•r's projt·cls dt·111011slrall' Lha t · 1er Lf!) nit• i ,. "ell <,uit<·d lo rl'lrorit situa- g !JP!l'. \\,·111,it·i11 t•..;plai11s that lh l' Jol- es ll'\•·I apJ'n •uch or Lil) l'llhanct·., its 1-rl'trof'it pote11tial ove r Lhat or co11vt·11- lcr-tional stormwalcr 111anagl'111c11t ht·t·au<,t· >e c,iablishcd urban <·nviro11nwnL'> ar(' ol'- t· ": ten "' Jacking i11 '>pact' co1nparl'd lo ' 1· 11,." dt·\·,·lllpnH·11l. "1.J I) allow., you lo J 1e 1""1 "' ' ·-" '111all -scalc. clisrrl'lt· ar<'a., :h a , : j, ., .:. :1t r1t1i11g things i11 ... he says. hat a<1il i11g tlt al relrof'ill i11g lhrnJJgh LI I) ·au-!l'chnology afford., increased opporlu11 i- tit·s for urban n·nc1\·al. I ILJ I) projecls. or n·building. '\assaucr c>xp<'ric11ccs lhc ile-"cr!'ali \'l' challcngt:s" clc111a11ded hy ur- mli-ht111 n·tr"rit prnJt'ClS subject lo spatial 1[ ('1 •:1·,11 .1, ''· Slw and hn colleagues are :I-.. ·t 11 •11\ oh e·d in the demonslralion l 1t 1 ... 1w111 t>I a particularly chall enging cigh n·tmrit prnJt'Ct for the City or Chicago >mg tltal deal., \1·ith adding rain gardens lo a she nl'ighborhood with lhrec-and-a-half'-slo- 1. r\ walk ups sl'paratecl by :'i-1 () f't. st< 11 " , of Safety and for re cd Ill nts ler velv •{'rl\' i)l)ll - al ·he· lud- llll·) lt)",, ('!'- '11 v~-J; 1..ii1Hro l J Jit N' llllf'a111ili ar 11·1th Or \\'ary of' the I.I I) approach qu<'slion ho"· il com- pan's tu com·cntional approaches in l!Tn1s nf' <;afd1· and vector control. Con- \ <'lll l• '\1<11 '-l• 0r111\\'alr·r ponds are raising I •l JI ' •ii, ·,(lJll(' parts ()f the flatilJfl f.,r ti1, 11 1111[1 ·11ual lo breTd mosquitoes (II pn·.;v11t ,af't •t\· ha1.anls. The son of haskl'thall play<'r Julius J·:n ing died in 2 000 \\hen he drove his car in lo a rc~ idemial storn1\1·all'r pond: the C\'Pnl IC'd tll a la11-.uit against llw st·curity firm :-!Uanl11 1g ti ll' <tl'l'a and the· dt·\·clopl'r re·- 'I >1 1,·i.',· !1" till' pond. J·:11gine·n" 111 I ;:1 ·1.i\ ', "'''' · \ \. h<111· plac1·d <•11 h11lii 1•1 111, 1 .. , .iddi ti o11;tl JH•11d-. and tll't• t'\f1l11rn1g alt1·rnat1\t'' 111 rt ''fH HJst· to 1·t''-Jtit-m< e·111H't'l'lh n·garcl111g \(·r·t11r co11 tn d a1 1d <;<tl1 ·t_1. part1<·1tlarl~ that of' 1·hilcln·11 lirn1 g 1H·ar thl' pontk \\t•JJhll'lll l \jdiUJ!S that tht· till'l'ilt or .·1"'<11111 ,.., · 1 II) p1·;wt1n·' i-. m11H>r lw- tli i\ d I 1' ! .I l I'-l\\jj ', [I• lf•JlJjH•rt1rd\ '-'\"--..[tin .\ ltt':. 1t1il tllfil11 ;.Ht·. -.,11 l1 1t·n · I" it-.... -.. ill p11t1 rn1al li11 l.trg1· 11111111\l·, 11f -.t;1g11i1111 \\-illt•r t11 IPnn thi.ln 111 C<•lt\t·11ti1111;.d q111· H\11 '-. \lth11ugh \\i·11l't<·1111-.1 111a11tm· 111 all\ ' :·!1 ,,1 •lw lt;11:inl-. ol 11 1) J>l'l•Jl'<'t'-. l''l ht· !11 I tlt1. 'll\;111•·1 ~C alj• (11 !Il l_!.!. t!Jl·v lq ..._ 1t·dtll I , I 1a1:m I-. ( .. 11 111t f lllil. 11111).! tl1;.i ti 11 .,, .in· Ill 1111 111 1•t1lil11 II• tltlt .111.J ,,tlt·I I i (';\[ lial11 '' 1°·11 \'.!!I• 1'111\\' 11t 11 111;d WW'.•!, , .. 1q 't11r1 m,·atn 111;111ag1·11Jl·11t titan \\'ilh I .I I) 1.1 J) s1·e·111s to lw gaining popula1·ity 111 se·\'t•ral pt1 rL<, or lh l' ('(llJJllry. Collman Jw li l'\'l'S \'l.'tl'nlll., of' long·tl'rl11 .,tor111watt·r ma11agt·mt·11t to IH' one of' !he groups 111ost in volved \\'i th LID. "In those ar('as wlwn· \1T \'t: used the lcon- \'l'lllio11al l il'clrnology !'or a long. long tirn<'. we·re· beginning to St'<' the fin an- cial and public hl'alth liabilities [and) lo seard1 ror 11ew alte rn ati ves ... Co111111uni- Lil's more· like·ly to explore I.ID options arc lhose wilh special resources to pro- tect. such as the Creal l.akcs region. Photo· low Impact Development Cc"it.:>1 the Pacific t orthwesl. ancl lhe Chesa- peake Bay. In lh c No rthwest. lhl' city of' ~ , : .;,._ .• \' . I ' • • Stormwater 23 ortland has pursued many LID tech- ologies as an integrated approach to SO control, and LID tools have been applied to protection efforts in the Puget Sound, WA, region. The federal government has also tak- en an active interest in LID, especially with the movement toward the greening of government. Weinstein's organization has developed an LID Design Resource Web site ( www.lid-stormwoter.net ~) funded by the US Environmental Pro- tection Agency and is working with the US avy on a manual to offer official guidance with LID efforts on Depart- ment of Defense areas. Although certain stormwater man- www. stormh2o. com agement projects are better suited to LID approaches than others are, LI D proponents consider the philosophy ap- plicable to all situations. Weinstein al- lows that there might be occasions where LID needs some backup from conventional technology, such as ponds in flood-control situations where large volumes of storage are required, but he asserts that LID efforts succeed on their own by controlling runoff pollu tants and volume fo r the majority of storms. The future of LID will certainly de- pend on the success of coll aborative ef- forts among such diverse parties as landscape architects, civil engineers, de- velopers, stormwater managers, and in- dividual property and business owners. LID proj ects to date-including the Maplewood, So merset, and Boston-area efforts described in this article-have in- deed relied upon these types of cooper- ative arrangements. Practitioners of LID realize the leap that municipaliti es facing the challenges of stormwater management must make to consider LID approaches over con- ve ntional ones. Coffman believes that in order for communities and individuals to be willing and able to implement LID technology, they must first understand nature's processes well enough to engi- neer sites that maintain those processes natural ly rather than destroy them. "We really need to wake up and begin to look at this seriously," he urges, "and to understand that mitigation technologies designed to minimize development im- pacts aren't good enough to maintain the integrity of these receiving waters. We really need to get a lot smarter and come up with better technology that mimics natural processes, to save these ecosystems." 0 Mary Catherine Hager is a biologist, writer, and editor in Lafayette, LA. rie~~.~t!J:12002 comprehensivestormwater modeling tools New release of the best selling decision support system for all versions of US-EPA SWMM, including FEMA-approved. (;:\CHI Quality stormwater management W modeling software since 1977 C O M PUTATIO NAL HYDRAULICS INTERNATIONAL WWW.CHI.ON.CA (519)767-0197 Circle # 16 on Reader Service Card January /February 2003 • Stormwater 25 Article 66 Feature article from Watershed Protection Techniques. 3(3): 695-706 Stormwater Strategies for Arid and Semi-Arid Watersheds Water supply and flood control have tradi- tionally dominated watershed planning in arid and semi-arid climates. Until recent years, stonnwater quality has simply not been much of a priority for water resource managers in the west. This situation is changing rapidly, as fast-growing commu- nities are responding to both emerging water quality problems and new federal regulations. In particular, larger cities in the westhave gradually been dealing with stonnwaterqualitytomeettherequirementsofthefust phase ofEP A 's municipal storm water National Pollut- ant Discharge Elimination System (NPDES) program. Soon, thousands more smaller communities will need to develop stormwater quality programs when the second phaseofthisnationalstormwaterregulatoryprogramis rolled out later this year. At first glance, it seems ludicrous to consider managing the quality of stormwater in arid regions where storms are such a rare and generally welcome event-sort oflike selling combs at a bald convention. The urban water resources of the southwest, however, are strongly influenced by storm water runoff and by the watershed development that increases it. Indeed, the flow of many urban streams in the southwest is gener- ated almost entirely by human activity: by urban storm flow, irrigation return flow and wastewater effluent. Thus, the quality ofboth surface water and groundwa- ter in urbanizing areas of arid and semi-arid regions of the southwest is strongly shaped by urbanization. For purposes ofthis article, arid watersheds are defined as those that receive less than 15 inches of rain each year. Semi-arid watersheds get between 15 and 35 inches of rainfall, and have a distinct dry season where evaporation greatly exceeds rainfall. In contrast, humid watersheds are defmed as those that get at least 35 inchesofraineachyear,andoftenmuchmore. Thereare many arid and semi-arid watersheds, most of which are located in fast growing regions of the western United States (Figure 1). Low annual rainfall, extensive droughts, high intensity storms and high evaporation rates are characteristic of these watersheds, and present many challenges to the storm water manager. [Note: in some arid and semi-arid watersheds, most precipitation falls as snow and evaporation rates are much lower. These watersheds are found in portions of Alaska and at higher elevations of the Rocky Mountains and Sierra Nevada. Guidance on stonnwater strategies for these dry but cold watersheds can be found in Caraco and Oaytor(1997)]. Figure 1 · Distribution of Rainfall in the United States 0 Ramlall " 15 1n II Ramfall 15in -35 1n 0 fall > 35 •n 41 42 Table 1 ·The West Is Different -Key Considerations 111 Arid and Semi-And Watersheds Aquatic resources and management objectives are fundamentally different. Rainfall depths are much lower. Evaporation rates are much higher. Pollutant concentrations in stormwater are much greater. Vegetative cover is sparse in the watershed. Sediment movement is great Dry weather flow is rare, unless return flows are present. This article reviews strategies for managing storm- water in regions of scarce water based on an extensive survey of30 storm water managers from arid and semi- arid regions. Next, the article explores how source control, better site design and storm water practices can be adapted to meet the demanding conditions posed by arid and semi-arid climates. It begins by examining the environmental factors that make storm water manage- ment in arid and semi-arid watersheds so unique and challenging. As a consequence, stormwater strategies for the west are often fundamentally different from those originally developed for more humid regions. Some of these differences are explored in the next section and are outlined in Table l . Aquatic Resources and Management Objectives Are Fundamentally Different Theriversofaridregionsaredramaticallydifferent from their humid counterparts. Some idea of these differences can be seen by comparing the dynamics of an arid ri verto ahumid one (see below). The differences are even more profound forthe smaller urban streams in arid watersheds. In fact, it is probably appropriate to refer to them as gullies or arroyos rather than streams, since they rarely have a perennial fl.ow of water. Many of the physical, chemical and biological indicators used to define stream quality inhumid watersheds simply do not apply to the ephemeral washes and arroyos that comprise the bulk of the drainage network of arid watersheds. Without such indicators, it is difficult to define the qualities that merit protection in ephemeral streams. Clearly, the goals and purposes of stream protection need to be reinterpreted for ephemeral stream channels, and cannot be imported from humid regions. In humid watersheds, the first objective of storm- watermanagement is the protection of perennial streams, with goals such as maintaining pre-development fl.ow rates, habitat conditions, water quality and biological diversity. In contrast, the objectives for stormwater management in most arid watersheds are ultimately Table 2: Rainfall Statistics for Ei~ht U.S. Cities (all units in inches) (NOAA. 1997) Rainfall Statistics City Annual Days of 90% Annual Two Year, Ten Year, Rainfall Rain per Rainfall Evaporation 24 Hour 24 Hour Year Event Rate Storm Storm Washington, DC 38 67 Dallas, TX 35 32 Austin, TX 33 49 Denver, CO 15 37 Los Angeles, CA 12 22 Boise, ID 11 48 Phoenix, AZ 7.7 29 Las Vegas, NV 4 10 driven either by flood control or the quality of a distant receiving water, such as a reservoir, estuary, ocean, or an underground aquifer. Witnesssomeoftherecentwaterqualityproblems in arid and semi-arid watersheds for which storm water is suspected to be primarily responsible: beach closures along the Southern California coast, trash and :floatables washed into marinas in Santa Monica, nutrient enrich- ment in recreational reservoirs like Cherry Creek Reser- voir in Denver and Town Lake in Austin, trace metals violations in the estuarine waters of San Francisco Bay, or concerns about the quality and quantity of ground- water recharge in aquifers of San Antonio. More local stormwater concerns include preventing the loss of capacity in irrigation channels or storage reservoirs caused by sedimentation. Groundwaterisparticularlyvaluedinaridandsemi- arid watersheds. Many fast-growing western communi- ties are highly reliant on groundwater resources, and it is becoming a limiting factor for some. On a national basis, groundwater provides 39% of the public water supply. In the arid and semi-arid southwest, however, groundwater sources comprise 5 5% of the water supply (Maddock and Hines, 199 5). Consequently, these com- munities have a strong interest in both the recharge and protection of groundwater on which they depend. Rainfall Depths Are Much Smaller Table 2 compares a series of rainfall statistics for eight arid, semi-arid and humid cities, and documents the fact that it rarely rains in arid watersheds. For example, in the fast growing Las Vegas, Nevada region, 1.2 48 3.2 5.2 1.1 66 4.0 6.5 1.4 80 4.1 7.5 0.7 60 1.2 2.5 1.3 60 2.5 4.0 0.5 53 1.2 1.8 0.8 82 1.4 2.4 0.7 120 1.0 2.0 rainfalls greater than a tenth of an inch occur, on average, less than 10 days a year. Not only does rain seldom fall, not much falls when it does. In arid water- sheds, 90% of all rainfall events in a given year are usually less than 0.50to0.80inches,comparedto I .Oto 1.5 inches in humid watersheds. Consequently, ifa "90% rule" is used in arid re- gions, the water quality storm is roughly half that of most semi-arid and humid watersheds, which greatly reduces the size, land consumption and cost of struc- tural practices that need to be built. In many cases, the entire water quality storm can be disposed of on-site through better site design, without the need for struc- tural practices. It should be noted that there are some significant exceptions to this rule. Los Angeles, for example, experiences higher rainfall depths due to in- tense coastal storms in the winter, especially in el Nino years. While intense storms cause the flash flooding that is so characteristic of the west, it is also important to keep in mind that the depth of rainfall in these storms is smaller than that of semi-arid and humid watersheds (Table2).Forexarnple,therainfalldepthassociatedwith the two-year 24-hour storm in most arid watersheds ranges from 1.0 to l.4 inches, which is roughly equal to the typical water quality storm for a humid watershed. Similarly, therainfalidepthforthe 10-year24-hourstorm in most arid watersheds ranges from two to three inches, which is roughly equivalent to the depth of a two-year storminasemi-aridorhurnidwatershedConsequently, storm water managers in arid regions can fully treat the quality and quantity of storm water with about a third to 43 44 half of the storage needed in hwnid or semi-arid water- sheds, with all other factors being equal. Even though the rainfall depths in arid watersheds are lower, watershed development can greatly increase peak discharge rates during rare flood events. For example, Guay (1996) examined how development changed the frequency of floods in arid watersheds around Riverside, California. Overtwo decades, imper- vious cover increased from 9% to 22% in these fast- growing watersheds. As a direct result, Guay deter- mined that peak flow rate at gauged stations for the two- year storm event had climbed by more than 100%, and that the average annual storm water runoff volume had climbed by ll5%to 1300/o over the same timespan. Evaporation Rates are Greater Highevaporationratesareagreatchallengeinarid and semi-arid watersheds. Low rainfall combined with high evaporation usually means that stored water will be lost water. In Las Vegas, for example, annual rainfall isascantfourinches, while pan evaporation exceeds lO feet (See Table 2). Consequently, it is virtually impos- sible to maintain a pond or wetland in an arid watershed without a supplemental source of water (see Saunders and Gilroy, 1997; article 74). Evaporation also greatly exceeds rainfall for many months of the year in semi-arid Source (2) (3) watersheds, and requires special pond design tech- niques. Pollutant Concentrations in Stormwater Are Often Higher The pollutant concentration of storm water runoff from arid watersheds tends to be higher than that of humid watersheds. This is evident in Table 3, which compares eventmean concentrations (EM Cs) from five aridorsemi-aridcitiestothenationalaverageforseveral common stormwater pollutants. As can be seen, the concentration of suspended sediment, phosphorus, nitrogen, carbon and trace metals in stormwater runoff from arid and semi-arid watersheds consistently ex- ceeds the national average, which is heavily biased toward humid watersheds. In addition, bacteria levels are often an order of magnitude higher in arid regions (Chang, 1999). The higher pollutant concentrations in arid water- sheds can be explained by several factors. First, since rain events are so rare, pollutants have more time to build up on impervious surfaces compared to humid regions. Second, pervious areas produce high sediment and organic carbon concentrations because the sparse vegetative cover does little to prevent soil erosion in uplands and along channels when it does rain. The Texas (4) (5) (6) Rainfall 7.1 inches 12 inches 13 inches 14 inches 28inches No.of 40 15 35 67 32 Samples TSS 227 116. 384 258 663 BOD 109 89 nd 12.3 12 COD 239 261 227 nd 106 Total N 3.26 4.13 4.80 nd 2.70 Total P 0.41 0.75 0.80 0.83# 0.78 Soluble P 0.17 0.47 nd nd nd Copper 47 34 60 58 40 Lead 72 46 250 105 330 Zinc 204 342 350 500 540 References: (1): Smullen end Cave, 1998, (2) Lopes et al, 1995 (3) Kjelstrom, 1995 (canputed) (4) DRC03, 1983, (5) WCC, 1992 (computed) (6) Brush et al, 1995. Notes : nd= no data, # =small sample size * =outfall pipe samples strong effect of upland and channel erosion can be detectedwhenstormwatersamplesaretakenfromchan- nels, but are less pronounced in storm.water outfall pipes. Vegetative Cover Is Sparse in the Watershed Native vegetative cover is relatively sparse in arid and semi-arid watersheds, and offers little protection against soil erosion. Irrigation is required to establish dense and vigorous cover, which may not be sensible or economical given scarce water resources. In addi- tion, high flows released from storm drains frequently accelerate downstream erosion since channels are also sparsely vegetated. Finally ,many storm water practices require dense vegetative cover to perform properly (e.g., grass swales are often not practical in arid water- sheds, given the difficulty of establishing and maintain- ingturf). Sediment Movement Is Greater Stream channels in arid and semi-arid watersheds move a lot of sediment when they flow. For example, Trimble (1997) found that stream channel erosion sup- plied more than two thirds of the annual sediment yield of an urban San Diego Creek. He concluded that the higher flows due to watershed urbanization had greatly accelerated the erosion of arroyos, over and above the increases caused by grazing, climate and riparian man- agement. Channel erosion can be particularly severe along road ditches that experience higher storm water flows, which not only increases sediment erosion but also creates chronic ditch maintenance problems. Dry Weather Flows Are Rare, Unless Supplemented by Return Water Most small streams in arid watersheds are gullies or arroyos that only flow during and shortly after infrequent storm events. As streams urbanize, how- ever, dry weather flow can actually increase. Human sources of dry weather flow include return flows from lawn and landscape watering, car washing, and surface discharges of treated wastewater. For example, Mizell andFrench(1995)foundthatexcesswaterfromresiden- tial and commercial landscape irrigation and construc- tion site dewatering greatly increased rate and duration of dry weather flow in a Las Vegas Creek, and was sufficiently reliable to be the primary irrigation source for a downstream golf course. StormwaterStrategies for Arid and Semi-Arid Watersheds Watershed managers need to carefully choose storm.water practices that can meet the demanding climatic conditions and water resource objectives of arid and semi-arid watersheds. Communities can em- ploy three broad strategies: aggressive source control, better site design, and application of"western" sto.rm- waterpractices. Some of the key trends in each of these areas are described below. Aggressive Source Control The term "source control" encompasses a series of practices to prevent pollutants from getting into the storm drain system in the first place. These practices include pollution prevention, street sweeping, and more frequent storm drain inlet clean-outs. Each practice acts to reduce the accumulation of pollutants on impervious surfaces or within the storm drain system during dry weather, thereby reducing the supply of pollutants that can wash off when it rains. Pollution prevention. Pollution prevention seeks to change behaviors at residential, commercial and industrial sites to reduce exposure of pollutants to rainfall. Almost all arid stormwater managers consider pollution prevention measures to be an integral element of their storm water management program, on par with the use of structural storm.water practices (Caraco, 1997). And certainly, many western communities have pioneered innovative pollution prevention programs. These programs focus on educating homeowners and businesses on how they can reduce or prevent pollut- ants from entering the storm drain system when it's not raining. In recent years, western communities have been targeting their educational message to more specific groups and populations. For example, Los Angeles County has identified seven priority categories for intensive employee training in industrial pollution pre- vention-auto scrap yards, auto repair, metal fabrica- tion, motor freight, chemical manufacturing, car dealers, and gas stations-on the basis of their hotspot poten- tialand their numerical dominance (Swammikannu, 1998). In the Santa Clara Valley of California, the three key priorities for intensive commercial pollution prevention training are car repair, construction, and landscaping services. Targeting is also used to reach homeowners with specific water conservation, carwashing, fertiliza- tion and pesticide messages. Street sweeping. Street sweeping seeks to remove the buildup of pollutants that have been deposited along the street or curb, using vacuum assisted sweeper trucks. While researchers continue to debate whether street sweepers can achieve optimal performance under real-world street conditions, most concede that street sweeping should be more effective in areas that have distinct wet and dry seasons (CDM, 1993), which is a defining characteristic of arid and semi-arid watersheds. Storm drain inlet clean-outs. One of the last lines of defense to prevent pollutants from entering the storm drain system is to remove them in the storm drain inlet. MineartandSingh(1994)reportedthatmonthlyoreven quarterly clean-outs of sediment in storm drain inlets 45 46 could reduce stormwater pollutant loads to the San Francisco Bay by five to 10%. Currently, few communi- ties clean out their storm drain inlets more than once a year, but a more aggressive effort to clean out storm drains prior to the onset of the wet season could be a viable strategy in some communities. Better Site Design Better site design clearly presents great opportuni- ties to reduce impervious cover and storm water impacts in the west, but it has not been widely implemented to date. Indeed, the"California" development sty le, with its wide streets, massive driveways, and huge cul-de-sacs has been copied in many western communities and arguably produces more impervious cover per home or business than any other part of the country (Figure 2). While the popularity of the California development sty le reflects the importance of the car in shaping communi- ties, it is also a strong reaction against the arid and semi- arid landscape. The brown landscape is not green or pastoral, and many residents consider concrete and turf to be a more pleasing and functional land cover than the dirt and shrubs they replace. While better site design techniques were exten- sively profiled in the last issue of Techniques (3 :2), it is worth discussing how these techniques can be adapted for western developments. A key adaptation is to incor- porate the concept of "stormwater harvesting" into residential and commercial development design (COT, 1996). Water harvesting is an ancient concept that in- volves capturing runoff from rooftops and other imper- vious surfaces and using it for drinking water or to irrigate plants (e.g., the cistern). In a more modern ver- sion, rooftop runoff is spread over landscaping areas or the yard, with the goal ofcompletely disposing of runoff on the property for storm events up to the two-year storm (which ranges from one to two inches inmost arid and semi-arid climates). For example, the City of Tucson recommends 5 5 gallons of storage per 300 to 600 square feet of rooftop for residential bioretention areas (COT, 1996). In higher density settings, it may be more prac- tical to store water in a rain barrel or cistern for irrigation use during dry periods. When water harvesting is aggressively pursued, storm water runoff is produced only from the impervious surfaces that are directly connected to the roadway system. Denver has utilized a similar strategy program to disconnect impervious areas and reduce the amount ofstormwaterpollution(DUDFC, 1992).Ausefulguide on these techniques has also been produced for the San Francisco Bay area (BASMAA, 1997). Water harvest- ing may prove to be another useful storm water retrofit- ting strategy, particularly in regions where water con- servation is also a high priority. Better site design techniques also need to be adapted for fire safety in Western communities adjacent to chaparral vegetation that are prone to periodic wild- fires. In some case, vegetation setbacks must be in- creased in these habitats to protect developments from dangerous wildfires (CWP, 1998). Developing WestemStonnwater Practices Given the many challenges and constraints that arid and semi-arid watersheds impose, managers need to adapt and modify stormwater practices that were originallydevelopedinhumidwatersheds.Inourstorm- water managers survey, four recurring principles emerged on how to design "western" storm water prac- tices: 1. Carefully select and adapt stormwater practices for arid watersheds. 2. Minimize irrigation needs for stormwater practices. 3. Protect groundwater resources and encourage recharge. 4. Reduce downstream channel erosion and protect from upland sediment. 1. Carefully select and adapt stormwater practices for arid watersheds. Some stormwater practices developed in humid watersheds are simply not applicable to arid water- sheds, and most others require major modifications to be effective (Table 4). Even in semi-arid watersheds, design criteria for most storm water practices need to be revised to meet performance and maintenance objec- tives. The following section highlights some of the major design and performance differences to consider for major storm water practices. Extended Detention (ED) Dry Ponds. The most widely utilized stormwater practices in arid and semi- arid watersheds were dry ponds, according to the Center's survey (Figure 3). Most were designed exclu- sively for flood control, but can be easily modified to provide greater treatment of stormwater quality. While dry ED ponds are not noted for their ability to remove soluble pollutants, they are reasonably effective in re- moving sediment and other pollutants associated with particulate matter (see article 64). In addition, ED ponds can play a key role in downstream channel protection, if the appropriate design storm is selected, and adequate upstream pretreatment is incorporated. Dry extended detention is the most feasible pond practice in arid watersheds, since they do not require a permanent pool of water. PREFERRED multiple storm ED stable pilot channels dry forebay NOT RECOMMENDED evaporation rates are too high to maintain a normal pool without extensive use of scarce water NOT RECOMMENDED evaporation rates too great to maintain wetland plants PREFERRED requires greater pretreatment ex elude pervious areas MAJOR MODIFICATION no irrigation better pretreatment treat no pervious area xeriscape plants or no plants replace mulch with gravel PREFERRED dry well design for recharge of residential rooftops MAJOR MODIFICATION no recharge for hotspot land uses treat no pervious area multiple pretreatment soil limitations NOT RECOMMENDED not recommended for pollutant removal, but rock benns and grade control needed for open channels to prevent channel erosion ACCEPTABLE dry or wet forebay needed LIMITED USE liners to prevent water loss require water balance analysis design for a variable rather than permanent nonnal pool use water sources such as AC condensate for pool aeration unit to prevent stagnation LIMITED USE require supplemental water submerged gravel wetlands can help reduce water loss PREFERRED refer to C OA, 1994 for design criteria MAJOR MODIFICATION use runoff to supplement irrigation use xeriscaping plants avoid trees replace mulch with gravel PREFERRED recharge rooftop runoff on- site unless the land use is a hotspot MAJOR MODIFICATION no recharge for hotspot land uses treat no pervious area multiple pretreatment LIMITED USE limited use unless irrigated rock berms and grade control essential to prevent erosion in open channels 47 48 Wet Ponds. Wet ponds are often impractical in arid watersheds since it is not possible to maintain a perma- nent pool without supplemental water, and the ponds become stagnant between storms. On the other hand, wet ponds are feasible in some semi-arid watersheds when carefully designed. Performance monitoring studies have demonstrated that wet ponds exhibit greater pollutant removal than other storm water practices in Austin, Texas, atalowercostpervolumetreated(COA, 1998,andarticle 75). In arid and semi-arid climates, wet ponds can require supplemental water to maintain a stable pool elevation. Saunders and Gilroy ( 1997) reported that 2.6 acre-feet per year of supplemental water were needed to maintain a permanent pool of only 0.29 acre-feet. Generally speak- ing, stormwater designers working in semi-arid water- sheds should design for a variable pool level that can have as much as a three-foot draw down during the dry season. The use of wetland plants along the pond's shoreline margin can help conceal the drop in water level, but managers will need to reconcile themselves to chronic algal blooms, high densities of aquatic plants and occa- sional odor problems. The City of Austin has prepared useful wet pond design criteria to address these issues (COA,1997). Stormwater Wetlands. Few communities recom- mendtheuseofstormwaterwetlandsineitheraridorsemi- arid watersheds. Once again, the draw down rates caused by evaporation make itdifficultto impossible to maintain standingwaterthatcansustainemergentwetlandplants, unless copious subsidies of supplemental water are supplied. Oneinterestingexceptionwasagravel-based wetland that treated parking lot runoff in Phoenix, Arizona (Wass and Fox, 1995). While the wetland did require some supplemental water, evaporation was re- duced by the overlying gravel bed, and the wetland achieved relatively high removal rates of oil and grease. Sand Filters. Sand filters continue to be one of the most common practices used to treat the quality of stormwaterin both arid and semi-arid watersheds. Sand filters require no supplemental water and can be used with almost any soil type (Claytor and Schueler, 1997). Still, the basic sand filter design continues to evolve to counter the tough design conditions found in these regions. For example, Urbonas ( 1997) evaluated sand filter performance in Denver, Colorado, and concluded that designs need to be modified to account for the greater sediment buildup inaridregions(seearticle 108). Urbonas found that the test sand filter quickly became clogged with sedimentafterj usta few storms, and recommended that sand filters include a more frequent sediment clean out regime, an increase in the filter bed size, and up- stream detention to provide greater sediment pretreat- ment. Some additional research on the performance and longevity of sand filters in the semi-arid climate of Austin, Texas can be found in article 106. Figure 3. Stormwater Practice Preferences in Arid Cl11nates \CWP. 1997) 1 I I I I I i I Sand Filter Filter Strip 1 I Biofilter/Sw ale 1 I Dry Well i I Porous Pavement 1 I Infiltration Basin 1 I Infiltration Trench 1 I Water Reuse Pond I Wetland I Wet Pond I Dry ED Pond I I I I I 0% 10% 20% 30% 40% 50% 60% 70% Respondents Recommending Bioretention. The use ofbioretention as a storm- water treatment practice is not very common in many western communities at the present time. Clearly, this practice will require extensive modification to work in arid watersheds. This might entail xeriscape plantings, use of gravel instead of mulch as ground cover, and betterpretreatment. Sprinkler irrigation ofbioretention areas should be avoided. Infiltration Practices. While a number of commu- nities allowed the useofinfiltration in aridand semi-arid watersheds, few encouraged its use. Two concerns were frequently cited as the reason for lack of enthusi- asm for structural infiltration. The first concern was that infiltration practices are too susceptible to rapid clog- ging, given the high erosion rates that are customary in arid and semi-arid watersheds. The second concern was that untreated stormwater could potentially contami- nate the aquifers that are used for groundwater re- charge. Swales. The use of grass swales for stormwater treatment was rarely reported for arid watersheds, but wasmuchmore common in semi-arid conditions. Grass swales are widely used as a stormwater practice in residential developments in Boise, Idaho, but the dense turf can only be maintained in these arid conditions through the use of sprinkler irrigation systems. The pollutant removal performance of swales in arid and semi-arid watersheds appears to be mixed. Poor to negative pollutant removal performance was reported inaDenverswalethatwasnotirrigated(Urbonas, 1999 -personal communication). In the semi-arid climate of Austin, Texas, Barret et al. (1998) reported excellent pollutant removal in two highway swales that were vegetated but not irrigated (Table 5). Similar perfor- Parameter TSS 89 COD 68 TP 55 TKN 46 Nitrate 59 Zinc 93 Lead 52 mance was also noted in a non-irrigated swale moni- tored by the City of Austin (COA, 1997). 2. Minimize irrigation needs for stormwater practices In arid climates, all sources of water, including stormwater runoff, need to be viewed as a resource. It seems senseless, therefore, to irrigate a practice with 50 inches of scarce water a year so that it can be ready to treat the storm water runoff produced from 10 inches of rain a year. Still, irrigation of storm water practices was verycommoninoursurveyofaridandserni-aridstorm- watermanagers; in fact, 65%reportedthatirrigation was commonly used to establish and maintain vegetated cover for most storm water practices. Irrigation should be limited to practices that meet some other landscaping or recreational need in a com- m unity and would be irrigated anyway, such as land- scaping islands in commercial areas and road rights of way. Irrigation may also be a useful strategy for dry ED ponds that are designed for dual use, such as facilities that serve as a ballfield or community park during the dry season. Even when irrigation is used, practices should be designed to "harvest" stormwater, and therefore reduce irrigation needs. Landscapers should also con- sider planting native droughtresistant plant material to reduce water consumption. 3. Protect groundwater resources and encourage recharge. In many arid communities, protection of ground- water resources is the primary driving force behind stormwater treatment. Ironically, early efforts to use Mass Load Reduction (%) 87 68 69 33 45 43 54 32 36 (-2) 79 ns 31 ns ns =not sampled. Fecal coliform and fecal strep removals were negative at the 183 and Walnut Creek sites. 49 50 stormwater to recharge groundwater have resulted in some groundwater quality concerns. In Arizona, for example, stormwaterwastraditionally injected into IO to 40 foot deep dry wells to provide for groundwater recharge. Concerns were raised that deep injection could increase the risk oflocalized groundwater contamination, since untreated stormwater can be a source of pollutants, particularly if the proposed land use is classified as a stormwater hotspot. Wilson et al. (1990) evaluated the risk of dry well storm water contamination in Pima County, Arizona, and determined that dry wells had elevated pollutant concen- trations in local groundwater. The build up of pollutant levels that had occurred over several decades tended to be localized. and did not exceed drinking water standards. Still, it is important to keep in mind thatdry wells and other injection recharge methods should only be used to infil- trate relatively "clean" runoff, such as residential roofs. Other surface infiltration practices, such as trenches and basins, can also potentially contaminate groundwater unless they are carefully designed for runoff pretreat- ment, provide a significant soil separation distance to the aquifer, and are not used on "hot spot" runoff sites. 4. Design to reduce channel erosion Above all, a western stormwater practice must be designed to reduce downstream erosion in ephemeral channels, while at the same time protecting itself from sediment deposition from upstream sources. This is a daunting challenge for any engineer, but the following ideas can help. With respect to downstream channel erosion, de- signers will need to clamp down on the storm events that produce active erosion in channels. This might entail the design of ponds or basins that can provide 12 hours of extended detention for the one-year return interval storm event (which is usually no more than an inch or two in most arid and semi-arid watersheds). Local geomorphic assessment will probably be needed to set channel pro- tection criteria, and these hydraulic studies are probably the most critical research priority in both arid and semi- arid watersheds today. Without ED channel protection, designers must rely on clumsy and localized engineering techniques to protect ditches and channels from eroding, such as grade control, rock berms, rip-rap, or even con- crete lined channels. Bioengineering options to stabilize downstream channels in arid watersheds are limited, and often require erosion control blankets to retain moisture and seeds, as well as extensive irrigation. Upstream erosion quickly reduces the capacity of any storm waterpractice inanarid or semi-arid watershed. due to sparse vegetation cover and erosion from up- stream gullies, ditches, or channels. Designers have several options to deal with this problem. The most effective option is to locate the practice so that it can only accept runoff from impervious areas, particularly for infiltration, sand filters and bioretention. Even then, the practice will still be subject to sediment transported by the wind. All storm water practices in arid and semi-arid wa- tersheds reguire ~ter pretreatment than in humid watersheds. Seventy percent of the arid stormwater managers surveyed reported that sediment clogging and deposition problems were a major design and maintenance problem for nearly all of their storm water practices. Even though not all upstream erosion can be pre- vented, designers can compensate for sediment buildup within the storm water practice itself. Pretreatment and over-sizing can prevent the loss of storage or clogging associated with sediment deposition. As noted in article I 06,rock berms or vertical gravel filters are ideally suited as a pretreatment device. Most stormwater managers surveyed indicated that sediment clean-outs need to be more frequent for storm water practices in arid and semi-arid watersheds, withremovalaftermajorstormsandataminimum,once ayear. Stormwatermanagersalsoconsistentlyempha- sized the need for better upland erosion control during construction. A full 65% of the managers reported that upstream erosion and sediment control were a major emphasis of their storm water plan review. Summary It is clear that stormwater managers in arid and semi-arid climates cannot simply import the storm water programs and practices that were originally developed for humid watersheds. Instead, they will need to de- velop stormwater solutions that combine aggressive source control, better site design and stormwater prac- tices in a distinctly western context. Regulators, in turn, need to recognize that western climates, terrain and water resource objectives are different, and be flexible and willing to experiment with new approaches in mu- nicipal storm water programs. Lastly, storm water man- agers from arid and semi-arid watersheds must work more closely together to share experiences about the stormwater solutions that work and fail. It is only through this dialogue that western communities can gradually engineer stormwater practices that are rug- ged enough to withstand the demanding challenges of the arid and semi-arid west. -DSC 20 Article 74 Technical Note #113 from Watershed Protection Techniques. 3(3): 717-720 Performance of Stormwater Ponds in Central Texas I s any more data on stormwater ponds really neces- sary? After all, the performance of nearly 40 storm water ponds has been investigated over the last two decades. However, there are a few good reasons to acquire still more monitoring data on these stormwat.er workhorses. First, most of the stormwaterponds moni- tored in the past were relatively small in size and simple in design. Moreover, these ponds seldom possessed the forebays, aquatic benches, greater volumes, ex- tended detention, pondscaping and oth design.fea- tures now routinely prescribed by many local stormwa- ter agencies. It is thus of more than passing interest whether these new and often expensive features can actually improve the pollutant removal performance of ponds and by how much. Second, most prior pond research has occurred on the coasts, and mostly within humid climates. Because of this, performance monitoring data has been lacking for stormwater ponds built in semi-arid climates that have very hot and dry summers and the accompanying high evaporation rates. Stormwater managers have frequently wondered whether it is possible to maintain a ~nt pool and prevent stagnation in ponds within these regions, and how these factors might influence the pollutant removal capability and mainte- nance requirements of wet ponds. Two recent monitoring studies conducted near Austin, Texas shed some light on both of these issues Sc8'e: No& lo Scale Souru: COA, 19'3 (COA, 1997,andLCRA, 1997).WhiletheCentral Texas region typically gets about 30 to 35 inches ofrainfall each year, itis not unusual forthe area to go many weeks without rain during the summer, when evaporation rates are as high as l 0 inches per month. As a consequence, significant pond draw downs must be factored into the design of stormwater ponds, or else they must be supported with supplemental water. The first stormwater pond, known as St. Elmo's, had a permanent pool of 4.1 acre-feet. The pond served a27.l acrecatchmentthathadmorethan66%impervi- ous cover, most of which was either street orparking lot. The surface area of the pond was 1. 65 acres, with about 400/o devoted to shallow wetlands, and 600/o allocated for deeper pools. The layout and pondscaping plan for St. Elmo's are depicted in Figure I. Forebays were located atthe primary storm water inlets, and berms were used to extend the flow path and prevent runoff from short-circuiting through the pond. The pond also pro- vided extended detention storage above the pool, with a one to three day draw down time after a storm. Combined, the permanent pool and extended detention storage provided about 1.8 watershed-inches of stor- age quality treatment. Overall, the hydraulic retention time in the pond ranged from two to 70 days, with an average ofaboutamonth. Clearly, St. Elmo's wasnotan undersized pond. Wet Pond Figure 1. Layout and Pondscaping Plan for St Elmo's (COA. 1993) To prevent evaporation in the summer, the bottom ofthepondwassealedbyaliner.Still,evaporationmade it difficult to maintain the pool at a constant level. To conceal changes in water levels, shallow areas in the pond were planted with spike rush (Eleoarchis spp. ), Bulrush (Scirpus ), Duck Potato (Saggitaria) and other aquatic plants. The pond was less than two years old whenmonitoringbeganinl994,andmorethan20paired stormwater samples were collected at the inlets and outlet over the next two years. As usual, the monitoring effort and subsequent data analysis followed the exact- ing standards of the City of Austin Drainage Utility (COA, 1997a). Thecomputedpollutantratesforthe St. Elmo's wet pond are provided in Table I. It is evident that the St. Elmo wet pond provided a veryhighrateofpollutantremoval,withmorethan90% removal of total suspended solids and bacteria. Nutri- ent removal was also quite strong, with exceptional removal of total phosphorus (87%) and dissolved phos- phorus (66%). Removal of various forms of nitrogen ranged from 40 to 90%, as well. However, the removal of metals was not as promising, ranging from 30 to 60%. Overall, the St. Elmo pond consistently achieved re- moval rates approximately 20% above the national medianremovalratesforwetponds.Acloseinspection of the outflow from the pond revealed very low concen- trations of most stormwater pollutants, which is an- otherindicatorofahigh level of treatment (see Table I). A third indicator of the high level ofstormwater treatment achieved by the St. Elmo pond was the high pollutant concentrations found in the sediments (Table 2). Despite the fact that the pond was only a few years old, its sediments had trace metal and hydrocarbon levels similar to those found in the sediments of Austin area oil/grit separators. The high level of stormwater treatment achieved at St. Elmo was attributed to its enhanced pond design features and large permanent pool. These resulted in unusually long hydraulic resi- dence times that allowed settling, algal uptake and other pollutant removal processes to operate. The second pond was a micropool extended deten- tion pond monitored by Bruce Melton and Tom Curran ofLCRA(l997). Theponddrainedroughly 12acresof office park and roadway, and utilized a much different design concept than St. Elmo's. Most of the water quality storage provided in the pond (about one water- shed-inch) was devoted to extended detention (ED), with only a small permanent pool located nearthe outlet (about0.29acre-feet). During dry weather, the pool was maintained by draining excess condensation water from the air-conditioning systems of the buildings in the office park. This supplied about 2.6 acre-feet per year of supplemental water needed to sustain the micropool, which had a fringe of wetland plants. The pond had two inlets, each of which had a forebay formed by a rock or gab ion berm to provide pretreatment. Some of the upland drainage was treated with other innova- tive peat sanclfilters. The pond was extensively landscaped with a vari- ety o[drought and/or inundation tolerant lant species planted, depending on their elevation within the pond. Table 1 ·Performance of the St Elmo Wet Pond System Water Quality Parameter Outflow Removal Concentration Efficiency Total Suspended Solids TSS 9 mg/I 93% BOD, five day 2.4 61% COD 23 50% Nitrate-Nitrogen 0.45 40% Total Kjeldahl Nitrogen 0.47 57% Ammonia-Nitrogen 0.03 91% Total Nitrogen 0.92 50% Total Phosphorus 0.04 87% Dissolved Phosphorus 0.03 66% Copper• 4.2 ug/I 58% Lead* 3.9 ug/I 39% Zinc• 59.6 ug/I 27% Fecal Coliform 1324 98% Fecal Strep 1265 96% For comparison purposes, the median removal rates for wet ponds was 77% (TSS), 47% (TP), 30% TN and 45% (Cu), according to CWP National BMP Database (see article 69). Pollutant removal rates for trace metals were computed based on means of instantaneous i1dividual inflow and outflow concentrations. Table 2 Sediment Chemistry of St Elmo Pond Sediment lmean of five sediment samples) Sediment Parameter Units Level Lead mg/kg 21 .5 Zinc mg/kg 471 Copper mg/kg 46.7 Petroleum Hydrocarbons mg/kg 5202 Total Organic Carbon mg/kg 4,414 PAH s (max) ug/kg 10,210 21 22 A clay liner was installed to prevent infiltration losses, which failed initially and was subsequently repaired. Waterlevelsin the pool were fairly stable, but did draw down during extended dry periods (which coincided, naturally, with the onset of the storm water monitoring program). With some persistence, the research team was able to collect 17 paired storm samples at the inlet and outlet over a two-year period. Their estimates of the pollutant removal capability for the pond are provided inTable3. In general, the micropool extended detention pond performedquitewellinremovingmostpollutantsfound in urban stormwater. Overall, the removal rates are generally higherthan the national median removal rates for all stormwater ponds, and are the highest yet re- corded for a pond that devoted most of its treatment volume to extended detention. The micropool ED pond removed roughly half of the total nitrogen and phos- phorus in incoming runoff, and produced very low concentrations of all forms of nutrients in its outflows (seeTable3).Removalofsedimentandtracemetalswas greater than 80% in the pond. Implications for Stormwater Design The strong nutrient removal performance in both ponds was promoted by the long growing season and bright sunshine for which Central Texas is noted. Both ponds were rapidly overgrown with surface and benthic algae, emergent plants and submerged aquatics. As much as 70 to 80% of the surface area of each pond was covered by these aquatic plants, which undoubtedly led to the high removal. At the same time, the high rate of plant growth added to the annual maintenance bur- den, as some form of aquatic plant management or harvesting was needed to keep each pond looking attractive. The role of evaporation, while not directly studied, was thought to be very important in the pollut- ant removal performance of the ponds. Glicket al. ( 1998) noted thatthe monitoring studies clearly demonstrated that wet ponds exhibit greater pollutant removal than other stormwater practices in Austin, Texas, at a lower cost per volume treated than other practices, such as sand filtration. Consequently, the City has developed pew specifications for wet ponds and actively promote their use (COA, 1997b ). In many instances, wet ponds can require supple- mental water to maintain a stable pool elevation during dry periods in Central Texas. Consequently, designers need to explore innovative means of recycling other sources of water_to..maintain pools. Otherwise, design- ers working in semi-arid watersheds should design fgr a variable pool level that can have as much as a three- foot draw down during the dry season. The use of wetland plants along the pond's shoreline margin can help conceal these drops in water level, but managers will need to reconcile themselves to chronic algal blooms, high densities of aquatic plants and the occasional episode of odor problems. Thus, the price for attaining higher pollutant removal in ponds in Central Texas is often supplementary source of water and certainly a greater effort to maintain aquatic vegetation. -TRS Table 3 Performance of the LCRA Office Wet Extended Detention Pond iLCRA 1997) Water Quality Parameter Outflow Concentration (mg/I) Removal Efficiency(%)• Total Suspended Solids 12.0 83 Total Organic Carbon 8.7 45 Total Phosphorus 0.11 52 Ortho-phosphorus 0.034 76 Nitrate-nitrogen 0.06 85 Total Kjeldahl Nitrogen {TKN) 0.69 52 Total Nitrogen 0.77 55 Lead 0.003 90 Zinc 0.030 86 (a) removal computed based on average event mean concentration (EMC) from 17 storms at inlet and outlet of basin. {b) removal for Cadmium and Chromium could not be computed because most samples were below detection limits. References City of Austin (COA). 1997a. Evaluation ofNonpoint Source Controls-An EP AITNRCC Section 319 Grant Report. Drainage Utility Department. Re- port No. COA-ERM-97-04. Austin, TX.130pp. CityofAustin,(COA) 1997b. "WetPondDesignSupple- ment." Section 1.6.6.Cof Environmental Criteria Manual. City of Austin, TX Drainage Utility. Glick,R,G.Chang,andMBarret.1998.Monitoringand Evaluation of Stormwater Quality Control Ba- sins. Water Environment Federation Speciality Con- ference. Proceedings. Watershed Management: moving from theory to implementation. Denver, CO. May 3-6, 1998. Lower Colorado River Authority (LCRA), 1997. Final Report: Innovative NPS Pollution Program for Lake Travis in Central Texas. Prepared for Envi- ronmental Protection Agency and the Texas Natu- ral Resource Conservation Committee. Contract No.1900000019.60pp. Profile of the St. Elmo Wet Pond Showing Landscaping Zones (COA, 1993) IO~E ~ ZOH e C. 5IWJAw ~RI' •f.1 ro • IZ1 ~ON! P PHP WKT!K -n.· 10 -.,.,. 23 ~ Porus Pavement Factsheet Page I of 4 Stormwater Management Fact Sheet: Porus Pavement Description Porous pavement is a permeable pavement surface with an underlying stone reservoir that temporarily stores surface runoff before infiltrating into the subsoil. This porous surface replaces traditional pavement, allowing parking lot runoff to infiltrate directly into the soil and receive water quality treatment. There are several pavement options, including porous asphalt, pervious concrete, and grass pavers. Porous asphalt and pervious concrete appear the same as traditional pavement from the surface, but are manufactured without "fine" materials, and incorporate void spaces to allow infiltration. Grass pavers are concrete interlocking blocks or synthetic fibrous grid systems with open areas designed to allow grass to grow within the void areas. Other alternative paving surfaces can help reduce the runoff from paved areas but do not incorporate the stone trench for temporary storage below the pavement (see the Green Parking Fact Sheet). While porous pavement has the potential to be a highly effective treatment practice, maintenance has been a concern in past applications of the practice. Application The ideal application for porous pavement is to treat a low traffic or overflow parking area. Porous pavement may also have some application on highways, where it is currently used as a surface material to reduce hydroplaning (see the Bridge and Roadway Maintenance Fact Sheet). Regional Applicability Porous pavement can be applied in most regions of the country, but the practice has unique challenges in cold climates. Porous pavement cannot be used where sand is applied to the pavement surface because the sand will clog the surface of the material. Care also needs to be taken when applying salt to a porous pavement surface since chlorides from road salt may migrate into the groundwater. For block pavers such as "grasscrete©." plowing may be challenging because the edge of the snow plow blade can catch the edge of the blocks, damaging the surface. This is not to say that it is impossible to use porous pavement in cold climates. Porous pavement has been used successfully in Norway (Stenmark, 1995), incorporating design features to reduce frost heave. Furthermore, some experience suggests that snow melts faster on a porous surface because of rapid drainage below the snow surface (Cahill Associates, 1993). Another concern in cold climates is that infiltrating runoff below pavement may cause frost heave, although design modifications can reduce this risk. Ultra Urban Areas Ultra urban areas are densely developed urban areas in which little pervious surface exists. Porous pavement is a good option for these areas because they consume no land area. They are not ideal for high traffic areas, however, because of the potential for failure due to clogging (Galli, 1992). Stormwater Hotspots Stormwater hotspots are areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. These areas include: commercial nurseries, auto recycle facilities, commercial parking lots, fueling stations, feet storage areas, industrial rooftops, marinas, outdoor container storage of liquids, outdoor loading/unloading facilities, public works storage areas, hazardous materials generators (if containers are exposed to rainfall), vehicle service and maintenance areas, and vehicle and equipment washing/steam cleaning facilities. Since porous pavement is an infiltration practice, it should not be applied on stormwater hotspots due to the potential for groundwater contamination. Stormwater Retrofit A stormwater retrofit is a stormwater management practice installed after development has occurred, to improve water quality, protect downstream channels, reduce flooding, or meet other watershed restoration objectives. Since porous pavement can only be applied to relatively small sites, use porous pavement as a primary or widespread method for watershed retrofitting would be expensive. The best application of porous pavement for retrofits is on individual sites where a parking lot is being resurfaced. Cold Water (Trout) Streams Porous pavement can help to reduce the increased temperature commonly associated with increased impervious cover. Stormwater runoff ponds on the surface of conventional pavement, and is subsequently heated by the sun and hot pavement surface. By rapidly infiltrating rainfall, porous pavement can reduce the time that stormwater is exposed to the sun and heat. Siting and Design Considerations Siting Considerations . . Porous pavement has site constraints as other infiltration practices (see Infiltration Trench Fact Sheet). A potential porous pavement site needs to meet the following criteria: • Soils need to have a permeability between 0.5 and 3.0 inches per hour. • The bottom of the stone reservoir should be completely flat so that infiltrated runoff will be able to infiltrate through the entire surface. • Porous pavement should be located at least 2 to 5 feet above the seasonally high groundwater table, and at least 100 feet away http://www.stormwatercenter.net/ Assorted%20F act%20Sheets!f ool6 _ Stormwater _Practices/In ti !tr .. ./Porous%20Pavement. ht 01 /29/200 I '" Porus Pavement Factsheet Page 2 of4 from drinking water wells. • Porous pavement should be located only on low traffic or overflow parking areas, which are expected to be not sanded during wintertime conditions. Design Considerations Five basic features should be incorporated into all porous pavement practices: pretreatment, treatment, conveyance, maintenance reduction, and landscaping (for more information see the Manual Builder Category). Pretreatment In most porous pavement designs, the pavement itself acts as pretreatment to the stone reservoir below. Because the surface serves this purpose, frequent maintenance of the pavement surface is critical to prevent clogging. Another pretreatment element is a fine gravel layer above the coarse gravel treatment reservoir. The effectiveness of both of these pretreatment measures are marginal, which is one reason frequent vacuum sweeping is needed to keep the surface clean. One design option incorporates an "overflow edge," which is a trench surrounding the edge of the pavement. The trench connects to the stone reservoir below the surface of the pavement. Although this feature does not in itself reduce maintenance requirements, it acts as a backup in case the surface clogs. If the surface clogs, stormwater will flow over the surface and into the trench, where some infiltration and treatment will occur. Treatment The stone reservoir below the pavement surface should be composed of layers of small stone directly below the pavement surface, and the stone bed below the permeable surface should be sized to attenuate storm flows for the storm event to be treated. Typically, porous pavement is sized to treat a small event, such as the water quality storm (i.e., the storm that will be treated for pollutant removal) which can range from 0.5" to 1.5". Like infiltration trenches, water can only be stored in the void spaces of the stone reservoir. Conveyance Water is conveyed to the stone reservoir through the surface of the pavement, and infiltrates into the ground through the bottom of this stone reservoir. A geosynthetic liner and sand layer should be placed below the stone reservoir to prevent preferential flow paths and to maintain a flat bottom. Designs also need some method to convey larger storms to the storm drain system. One option is to set storm drain inlets slightly above the surface elevation of the pavement. This allows for temporary ponding above the surface if the surface clogs, but bypasses larger flows that are too large to be treated by the system. Maintenance Reduction One non-structural component that can help ensure proper maintenance of porous pavement is the use of a carefully worded maintenance agreement that provides specific guidance to the parking lot, including how to conduct routine maintenance, and how the surface should be repaved. Ideally, signs should be posted on the site identifying porous pavement areas. Landscaping The most important landscaping objective for porous pavements is to ensure that its drainage area is fully stabilized, thereby preventing sediment loads from clogging the pavement. Design Variations Treat Other Sources In one design variation, the stone reservoir below the filter can also treat runoff from other sources such as rooftop runoff. In this design, pipes are connected to the stone reservoir to direct flow throughout the bottom of the storage reservoir (Cahill Associates, 1993; Schueler, 1987). If used to treat off-site runoff, porous pavement should incorporate pretreatment, as with all structural management practices. Regional Adaptations In cold climates, the base of the stone reservoir should extend below the frost line to reduce the risk of frost heave. Limitations In addition to the relatively strict site constraints for porous pavement, a major limitation to the practice is the .poor failure .rate it has experienced in the field . Several studies indicate that, with proper maintenance, porous pavement can retain its permeability (e.g., http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Tool6 _ Stormwater _Practices/I nfi ltr. . ./Porous%20Pavement. ht 0 I /29/200 I • Porus Pavement Factsheet Goforth et al., 1983; Gburek and Urban, 1980; Hossain and Scofield, 1991 ). When porous pavement has been implemented in communities, however, the failure rate has been as high as 75% over two years (Galli, 1992). Maintenance Page 3 of4 Porous pavement requires extensive maintenance compared with other practices. In addition to owners not being aware of porous pavement on a site, not performing these maintenance activities is the chief reason for failure of this practice. Typical requirements follow below: Table 1. Typical Maintenance Activities for Porous Pavement (Source: WMI, 1997) I Activit}'. II Schedule I • Avoid sealing or repaving with non-porous I I materials N/A • Ensure that paving area is clean of debris . Ensure that paving dewaters between storms Monthly . Ensure that the area is clean of sediments . Mow upland and adjacent areas, and seed bare areas . Vacuum Sweep frequently to keep the surface As needed free of sediment • (Typically three to four times per year) • Inspect the surface for deterioration or spalling I Annual I Effectiveness Porous pavement can be used to provide groundwater recharge and to reduce pollutants in stormwater runoff. Some data suggest that as much as 70% to 80% of annual rainfall will go toward groundwater recharge (Gburek and Urban, 1980). These data will vary depending on design characteristics and underlying soils. They both suggest high pollutant removal , although it is difficult to extract these results to all applications of the practice. I Table 2. Pollutant Removal of Porous Pavement{%} Winer {2000} I Pollutant II Pollutant Removal {%}1 I TSS II 95 TP II 65 I TN II 82 I NOx II NA I Metals II 98 -99 I I Bacteria II NA I 11 : Data based on fewer than five data ~oints I Cost Considerations Porous pavement is significantly more expensive than traditional asphalt. While traditional asphalt is approximately 50¢ to $1.00 per square foot, porous pavement can range from $2 to $3 per square foot, depending on the design (CWP, 1998; Schueler, 1987). Subtracting the cost of traditional pavement, this amounts to approximately $45,000 and $100,000 per impervious acre treated, which would be quite expensive. On the other hand, porous pavement can create savings in terms of storm drain costs and land consumption. In addition, the cost of vacuum sweeping may be substantial if a community does not already perform vacuum sweeping operations. References http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Tool6 _ Stormwater _Practices/I nfi ltr .. ./Porous%20Pavement.ht 0 1 /29/200 I • Porus Pavement Factsheet Page 4 of4 Cahill Associates. 1993. Stormwater Management Systems: Porous Pavement with Underground Recharge Beds. West Chester, PA Center for Watershed Protection (CWP). 1998. Better Site Design: A Handbook for Changing Development Rules in Your Community. Center for Watershed Protection, Ellicott City, MD. Center for Watershed Protection (CWP). 1997. Stormwater BMP Design Supplement for Cold Climates. Prepared for: US EPA Office of Wetlands, Oceans and Watersheds. Washington, DC. Galli, .J. 1992. Preliminary Analysis of the Performance and Longevity of Urban BMPs Installed In Prince George's County, Maryland. Prepared for the Department of Natural Resources. Prince George's County, MD. Gburek, W. and J. Urban , 1980. Storm Water Detention and Groundwater Recharge Using Porous Asphalt - Experimental Site. For: USDA-SEA-AR Northeast Watershed Research Center, University Park, PA. International Symposium on Urban Storm Runoff. University of Kentucky. Goforth, G., E. Diniz, and J. Rauhut. Stormwater Hydrological Characteristics of Porous and Conventional Paving Systems. Prepared for: US EPA Office of Research and Development. Cincinnati, OH. Hossain, M. and L. Scofield, 1991. Porous Pavement for Control of Highway Runoff. Arizona Department of Transportation. Phoenix, AZ Schueler, T. 1987. Controlling Urban Runoff: A Practical manual for Planning and Designing Urban BMPs. Metropolitan Washington Council of Governments. Washington, DC Stenmark, C. 1995. An Alternative Road Construction for Stormwater Management. Water Science and Technology, 32(1 ): 79-84. Watershed Management Institute (WM!). 1997. Operation, Maintenance, and Management of Stormwater Management Systems. Prepared for: US EPA Office of Water. Washington, DC. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/I nfi !tr .. ./Porous%20Pavement. ht 0 I /29/200 I .Dry Extended Detention Pond Page I of6 Stormwater Management Fact Sheet: Dry Extended Detention Pond Description Dry extended detention ponds (a.k.a. dry ponds, extended detention basins, detention ponds, extended detention ponds) are basins whose outlets are designed to detain the stormwater runoff from a water quality "storm" for some minimum duration (e.g., 24 hours) which allow sediment particles and associated pollutants to settle out. Unlike wet ponds, dry extended detention ponds do not have a permanent pool. However, dry extended detention ponds are often designed with small pools at the inlet and outlet of the pond, and can also be used to provide flood control by including additional detention storage above the extended detention level. Applicability Dry extended detention ponds are among the most widely applicable stormwater treatment practice. While they may not always be applicable in highly urban watersheds, they have few other restrictions. Regional Applicability Dry extended detention ponds can be applied in all regions of the United States. Some minor design modifications are needed in cold or arid climates or in regions with karst topography, however. Ultra Urban Areas Ultra urban areas are densely developed urban areas in which little pervious surface exists. It is difficult to use dry extended detention ponds in the ultra urban watershed because of the land area each pond consumes. They can, however, be used in these environments if a relatively large area is available downstream of the site. Stormwater Hotspots Stormwater hotspots are land use or activities which generate highly contaminated runoff, that have pollutant concentrations far in excess of those typically found in stormwater. Dry extended detention ponds can accept runoff from stormwater hotspots, but need significant separation from groundwater when used for this purpose. Stormwater Retrofit A stormwater retrofit is a stormwater management practice (usually structural) put into place after development has occurred, to improve water quality, protect downstream channels, reduce flooding, or meet other watershed restoration objectives. Dry extended detention ponds are very useful stormwater retrofits and have two primary applications as a retrofit design. In many communities, detention basins have been designed for flood control in the past. It is possible to modify these basins to incorporate features that encourage water quality control, and/or channel protection. It is also possible to construct new dry extended detention ponds in open areas of a watershed to capture existing drainage, or create them above a road crossing or culvert. Cold Water (Trout) Streams A study in Maryland indicated that dry extended detention ponds can slightly increase stream temperatures (Galli, 1990). Overall, dry extended detention ponds increased temperature by about 5 F in the summer months. In cold water streams, dry extended detention ponds should be designed to detain stormwater for a relatively short time (i.e., less than twelve hours) to minimize the potential amount of stream warming that occurs in the practice. Siting and Design Considerations Siting Considerations While dry extended detention ponds have broad applications, designers need to ensure that they are feasible at an individual site. The following section provides basic guidelines for locating dry extended detention ponds. Draina e Area In general, dry extended detention ponds should be used at sites with a minimum drainage area of ten acres. On smaller sites, it may be difficult to provide channel or water quality control because the orifice diameter at the outlet becomes very small, and is thus prone to clogging. In addition, it is generally more cost-effective to control larger drainage areas due to the economies of scale in pond construction (see Cost Considerations). Dry extended detention ponds can be used on sites with slopes up to about 15%. The local slope needs to be relatively flat, however, in order to maintain reasonably flat side slopes. While there is no minimum slope requirement, enough elevation drop is needed from the pond inlet to the pond outlet to ensure that flow can move through the system. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/Pond/D ry"/o20ED%20Pond.htm 0 I /29/200 I , Dry Extended Detention Pond Page 2 of6 Soils /Topography Extended detention ponds can be used in almost all soils and geology, with minor design adjustments for regions of karst (i.e., limestone) topography or in rapidly percolating soils such as sand. In these areas, extended detention ponds should be designed with an impermeable liner to prevent groundwater contamination or sinkhole formation. Groundwater Except for the case of hotspot runoff, the only consideration regarding groundwater is that the base of the extended detention facility should not intersect the groundwater table. A permanently wet bottom may become a mosquito breeding ground. Research in Southwest Florida demonstrated that intermittently flooded systems, such as dry extended detention ponds, produce more mosquitos than other pond systems (Santana et al., 1994 ), particularly when the facilities remained dry for more than three days following heavy rainfall. Design Considerations Specific pond designs may vary considerably, depending on site constraints or preferences of the designer or community. There are some features, however, that should be incorporated into most dry extended detention pond designs. These design features can be divided into five basic categories: pretreatment, treatment, conveyance, maintenance reduction , and landscaping (for more information see Manual Builder Category for more information). Pretreatment Pretreatment is intended to capture and remove coarse sediment particles before they enter the practice. Maintenance burden of the pond is reducedwhen these particles are removed from runoff before they reach the pool. In ponds, pretreatment is achieved with a sediment fore bay. A sediment fore bay is a small pool (typically about 10% of the volume of water to be treated for pollutant removal). Treatment Treatment features help enhance the ability of a dry extended detention pond to remove pollutants. Designing dry extended detention ponds with a high length to width ratio (i.e., at least 1.5: 1) and incorporating other design features to maximize the flow path effectively increases the detention time in the system by eliminating the potential of flow to short circuit the pond. Designing ponds with relatively flat side slopes can also help to lengthen the effective flow path. Finally, the pond should be sized to detain the volume of runoff to be treated for between 12 and 48 hours. Conveyance Conveyance of stormwater runoff into and through a stormwater treatment practice is a critical component of stormwater design. Stormwater should be conveyed to and from dry extended detention ponds safely and to minimize erosion potential. The outfall of dry extended detention ponds should always be stabilized to prevent scour. In order to convey low flows through the dry extended detention ponds, designers should provide a pilot channel. A pilot channel is a surface channel should be used to convey low flows through the pond. In addition, an emergency spillway should be provided to safely convey large flood events. In order to prevent stream warming, designers should provide shade around the pilot channel and the pond outlet. Maintenance Reduction In addition to regular maintenance activities needed to maintain the function of dry extended detention ponds. Several design features can ease the maintenance burden associated with a practice. In dry extended detention ponds, a "micropool" at the outlet can prevent resuspension of sediment and outlet clogging. A good design also includes maintenance access to the forebay and micropool. Another design feature that can reduce maintenance needs is a non-clogging outlet pipe. Typical examples include a reverse-slope pipe, or a weir outlet with a trash rack. A reverse slope pipe draws from below the permanent pool extending in a reverse angle up to the riser and determines the water elevation of the micropool. Because these outlets draw water from below the level of the permanent pool, they are less likely to be clogged by floating debris. Landscaping Designers should maintain a vegetated buffer around the pond, and should select plants within the extended detention zone (i.e., the portion of the pond up to the elevation where stormwater is detained) that can withstand both wet and dry periods. The side slopes of dry ponds should be relatively flat to reduce safety risks. Design Variations Dry Detention Ponds http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Tool6 _ Stormwater _Practices/Pon d/Dry"/o20ED%20Pond.htm 0 I /29/200 I ,Dry Extended Detention Pond Page 3 of6 Detention ponds are similar in design to extended detention ponds, except that they do not incorporate features to improve water quality. In particular, these practices do not detain stormwater from small flow events. Therefore, detention ponds provide almost no pollutant removal. However, dry ponds can help to meet flood control, and sometimes channel protection, objectives in a watershed . Tank Storage Another variation of the dry detention pond design is the use of tank storage. In these designs, stormwater runoff is conveyed to large storage tanks or vaults underground. This practice is most often used in the ultra urban environment, on small sites where sites since underground storage tends to be expensive. Since drainage areas contributing to tank storage are typically small, the outlet diameter needed to reduce the flow from very small storms tends to be very small. A very small outlet diameter, combined with the tanks being underground, creates the potential for debris being caught in the outlet, and resulting maintenance problems. Regional Variations Arid or Semi-Arid Climates In arid and semi-arid regions, some modifications may be needed to conserve scarce water resources. Any landscaping plans should prescribe drought-tolerant vegetation wherever possible. In addition, the wet forebay may be replaced with an alternative form of pretreatment, such as a dry sediment chamber. In regions which have distinct wet and dry seasons, regional extended detention ponds can be designed to act as a recreation area such as a ball field during the dry season. Cold Climates In cold climates, some additional design features are needed to treat the spring snowmelt. One such modification is to increase the volume available for detention to help treat this relatively large runoff event. In some cases, dry ponds may be an option as a snow storage facility to promote some treatment of plowed snow. If a pond is used to treat road runoff, or is used for snow storage, landscaping should incorporate salt tolerant species. Finally, sediment removal from the forebay may need to be completed more frequently than in warmer climates (see Maintenance Consideration for guidelines) to account for sediment deposited as a result of road sanding. Limitations While dry extended detention ponds are widely applicable, they have some limitations that may make other stormwater management options preferable. Some limitations include: • Dry extended detention ponds may become a nuisance due to mosquito breeding • Habitat destruction may occur during construction, if the practice is designed in-stream or within the stream buffer. • While wet ponds can increase property values, dry ponds can actually detract from the value of a home (see Cost Considerations). Dry extended detention ponds have only moderate pollutant removal when compared to other structural stormwater practices, and are ineffective at removing soluble pollutants (see Effectiveness). Maintenance Considerations In addition to incorporating features into the pond design to minimize maintenance, some regular maintenance and inspection practi ces are needed. The tabl e below outlines some of these practices. Table 1. Typical Maintenance Activities for Dry Ponds (Source: Modified from WMI, 1997) I Activit~ II Schedule I I . Note erosion of pond banks or bottom I Semi-Annual Inspection • Inspect for damage to the embankment • Monitor for sediment accumulation in the facility and forebay . Examine to ensure that inlet and outlet devices are free of debris Annual . Inspection and operational http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _ Practices/Pond/Dry%20 ED%20Pond.htm 0 I /29/200 I ,Dry Extended Detention Pond Page 4 of6 . Repair undercut or eroded areas . Mow side slopes Standard . Pesticide/ Nutrient management Maintenance . Litter/ Debris Removal Seed or sod to restore dead or damaged ground cover . Annual . Maintenance (As needed) I . Removal of sediment form the forebay I 5 to 7 year Maintenance . Monitor sediment accumulations, and remove sediment when the pond volume has been reduced by 25% .. 25 to 50 year Maintenance Effectiveness Structural management practices can be used to achieve four broad resource protection goals. These include: Flood Control, Channel Protection, Groundwater Recharge, and Pollutant Removal (for more information, see Manual Builder Category). Dry extended detention basins can provide flood control, channel protection, and some pollutant removal. Flood Control One objective of stormwater treatment practices can be to reduce the flood hazard associated with large storm events by reducing the peak flow associated with these storms. Dry extended detention basins can easily be designed for flood control, and this is actually the primary purpose of most extended detention ponds in the ground today. Channel Protection One result of urbanization is channel erosion caused by increased stormwater runoff. Traditionally, dry extended detention basins have been designed to provide control of the two-year storm (i.e., the storm that occurs, on average, once every two years). It appears that this design storm has not been effective in preventing channel erosion, and recent research suggests that control of a smaller storm may be more appropriate (MacRae, 1996). Choosing a smaller design storm (one-year) and providing longer detention time (12 to 24 hours) is now thought to be the best method to reduce channel erosion. Pollutant Removal Dry extended detention basins provide moderate pollutant removal, provided that the design features described in the Siting and Design section are incorporated. While they can be effective at removing some pollutants through settling, they are less effective at removing soluble pollutants due to the absence of a permanent pool. A few studies are available on the effectiveness of dry extended detention ponds. Typical removal rates, as reported by Winer (2000) are: Table 2. Pollutant Removal Efficiency of Dry Extended Detention Ponds (Winer, 2000) Pollutant Removal Rate {%} TSS 61 ±321 TP 20±13 TN 31±16 NOx -2±23 Metals 29-54 Bacteria 782 1: ± values represent one standard deviation 12: Data based on Jess than five data points There is considerable variability in the effectiveness of ponds, and it is believed that properly designing and maintaining ponds may help to improve their performance. The siting and design criteria presented in this sheet reflect the best current information and experience to improve the performance of wet ponds. A recent joint project between the American Society of Civil Engineers (ASCE) and the US EPA Office of Water may help to isolate specific design features that can improve performance. The National Stormwater Best Management Practice (BMP) database is a compilation of stormwater practices which includes both design information and performance data for various practices. As the database expands, inferences about the extent to which specific design criteria influence http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/Pond/Dry%20ED%20Pond. htm O I /29/200 I , Dry Extended Detention Pond Page 5 of6 pollutant removal may be made. For more information on this database, access the ASCE web page at http://www.asce.org. Cost Considerations Dry extended detention ponds are the least expensive stormwater treatment practice, on a cost per unit area treated. The construction costs associated with these facilities range considerably. One recent study evaluated the cost of all pond systems (Brown and Schueler, 1997). Adjusting for inflation, the cost of dry extended detention ponds can be estimated with the equation: C = 12.4Vo.760 Where: C =Construction, Design and Permitting Cost V =Volume needed to control the 10-year storm (cubic feet) Using this equation, a typical construction costs are: $ 41 ,600 for a 1 acre-foot pond $ 239,000 for a 10 acre-foot pond $ 1,380,000 for a 100 acre-foot pond Interestingly, these costs are generally slightly higher than the cost of wet ponds on a cost per total volume basis. Dry extended detention ponds are generally less expensive on a given site, however, because they are usually smaller than a wet pond design for the same site. Ponds do not consume a large area compared to the total area treated (typically 2-3% of the contributing drainage area). It is important to note, however, that each pond is generally large. Other practices, such as filters or swales, may be "squeezed in" in relatively unusable land, but ponds need a relatively large continuous area. For ponds, the annual cost of routine maintenance is typically estimated at about 3 to 5% of the construction cost. Alternatively, a community can estimate the cost of the maintenance activities outlined in the maintenance section. Finally, ponds are long-lived facilities (typically longer than 20 years). Thus, the initial investment into ponds systems may be spread over a relatively long time period. Another economic concern associated with dry ponds is that they may slightly detract from the value of adjacent properties. One study found that dry ponds can actually detract from the perceived value of homes adjacent to a dry pond by between three and ten percent (Emmerling-Dinovo, 1995). References Brown, W. and T. Schueler. 1997. The Economics of Stormwater BMPs in the Mid-Atlantic Region. Prepared for: Chesapeake Research Consortium. Edgewater, MD. Center for Watershed Protection. Ellicott City, MD. Center for Watershed Protection (CWP), Environmental Quality Resources and Loiederman Associates. 1997. Maryland Stormwater Design Manual. Draft. Prepared for: Maryland Department of the Environment. Baltimore, MD. Center for Watershed Protection (CWP). 1997. Stormwater BMP Design Supplement for Cold Climates. Prepared for: US EPA Office of Wetlands, Oceans and Watersheds. Washington, DC. Denver Urban Drainage and Flood Control District. 1992. Urban Storm Drainage Criteria Manual; Volume 3 -Best Management Practices. Denver, CO. Emmerling-Dinovo, C. 1995. Stormwater Detention Basins and Residential Locational Decisions. Water Resources Bulletin, 31(3): 515- 521 Galli, J. 1990. Thermal Impacts Associated with Urbanization and Stormwater Management Best Management Practices. Metropolitan Washington Council of Governments. Prepared for: Maryland Department of the Environment. Baltimore, MD. MacRae, C. 1996. Experience from Morphological Research on Canadian Streams: Is Control of the Two-Year Frequency Runoff Event the Best Basis for Stream Channel Protection? IN: Effects of Watershed Development and Management on Aquatic Ecosystems. American Society of Civil Engineers. Edited by L. Roesner. Snowbird, UT. pp. 144-162. Santana, F., J. Wood, R. Parsons, and S. Chamberlain. 1994. Control of Mosquito Breeding in Permitted Stormwater Systems. For: Southwest Florida Water Management District. Brooksville, FL. Schueler, T. 2000. Influence of Groundwater on Performance of Stormwater Ponds in Florida, Article 78 in The Practice of Watershed http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _ Practices/Pond/Dry"/o20ED%20Pond. htm 0 I /29/200 I • Dry Extended Detention Pond Page 6 of6 Protection. Center for Watershed Protection. Ellicott City, MD. US EPA. 1993. Office of Water. Guidance to Specify Management Measures for Sources of Nonpoint Pollution in Coastal Waters. EPA- 840-8-92-002. Washington, DC. Watershed Management Institute (WMI). 1997. Operation, Maintenance, and Management of Stormwater Management Systems. Prepared for: US EPA Office of Water. Washington, DC. Winer, R. 2000. National Pollutant Removal Database for Stormwater Treatment Practices: 2nd Edition. Center for Watershed Protection. Ellicott City, MD. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _ Practices/Pond/Dry°/o20ED%20Pond. htm O I /29/200 I •Wet Pond Page I of7 Stormwater Management Fact Sheet: Wet Pond Description Wet ponds (a.k.a. stormwater ponds, retention ponds, wet extended detention ponds) are constructed basins that have a permanent pool of water throughout the year (or at least throughout the wet season). Ponds treat incoming stormwater runoff by settling and algal uptake. The primary removal mechanism is settling while stormwater runoff resides in the pool. Nutrient uptake also occurs through biological activity in the pond. Wet ponds are among the most cost-effective and widely used stormwater treatment practices. While there are several different versions of the wet pond design, the most common modification is the extended detention wet pond, where storage is provided above the permanent pool in order to detain stormwater runoff in order to provide greater settling. Applicability Wet ponds are a widely applicable stormwater treatment practice. While they may not always be feasible in ultra-urban areas or arid climates, they otherwise have few restrictions on their use. Regional Applicability Wet extended detention ponds can be applied in most regions of the United States, with the exception of arid climates. In arid regions, it is difficult to justify the supplemental water needed to maintain a permanent pool because of the scarcity of water. Even in semi-arid Austin, TX one study found that 2.6 acre-feet per year of supplemental water were needed to maintain a permanent pool of only 0.29 acre-feet (Saunders and Gilroy, 1997). Other modifications and design variations are needed in semi-arid and cold climates, and karst (i.e., limestone) topography (for more information see Stormwater Strategies for Arid and Semiarid Watersheds , Article 66 in the Practice of Watershed Protection and Performance of Stormwater Ponds in Central Texas, Article 7 4 in the Practice of Watershed Protection). Ultra Urban Areas Ultra urban areas are densely developed urban areas in which little pervious surface exists. It is difficult to use wet ponds in ultra urban areas because enough land area may not be available for the pond. Wet ponds can, however, be used in an ultra-urban environment if a relatively large area is available downstream of the site. Stormwater Hotspots Stormwater hotspots are land use or activities that generate highly contaminated runoff that has pollutant concentrations that exceed those typically found in stormwater. A typical example is a gas station or convenience store. Wet ponds can accept runoff from stormwater hotspots, but need significant separation from groundwater if they are used to treat hotspot runoff. Stormwater Retrofit A stormwater retrofit is a stormwater treatment practice (usually structural) put into place after development has occurred, to improve water quality, protect downstream channels, reduce flooding, or meet other watershed restoration objectives. Wet ponds are widely used for stormwater retrofits, and have two primary applications as a retrofit design. In many communities, dry detention ponds have been designed for flood control in the past. It is possible to modify these facilities to develop a permanent wet pool to provide water quality treatment (see "Treatment" under Design Considerationsi. and modify the outlet structure to provide channel protection. Alternatively, new wet ponds may be installed in streams, or in open areas as a part of a comprehensive watershed retrofit inventory. Cold Water (Trout) Streams Wet ponds pose a risk to cold water streams because of their potential to warm streams. When water remains in the permanent pool, it is heated by the sun. A study in Prince Georges County, MD found that wet ponds increased temperatures by about 9 F from the inlet to the outlet (Galli, 1990). Siting and Design Considerations Siting Considerations Designers need to ensure wet ponds are feasible for the site in question. The following section provides basic guidelines for locating wet ponds. Drainage Area Wet ponds need sufficient drainage area to maintain a permanent pool. In humid regions, a drainage area of about twenty-five acres is typically needed, but greater drainage areas are needed in arid and semi-arid regions. Wet ponds can be used on sites with an upstream slope up to about 15%. The local slope within the pond should be relatively shallow, however. While there is no minimum slope requirement, there must be enough elevation drop from the pond inlet to the pond outlet to ensure that water can flow through the system by gravity. http://www. stonnwatercenter. net/ Assorted%20 F act%20Sheetsff oo 16 _ S tonnwater _ Practices/Pond/W et%20 Pond. h tm 01/29/200 1 Wet Pond Page 2 of7 Soils !Topography Wet ponds can be used in almost all soils and geology, with minor design adjustments for regions of karst topography (see Design Considerations). Groundwater Unless they receive hotspot runoff, ponds can often intersect the groundwater table. However, some research suggests that pollutant removal is moderately reduced when groundwater contributes substantially to the pool volume (Schueler, 1997) (for more information, see Influence of Groundwater on Performance of Stormwater Ponds in Florida, Article 78 in The Practice of Watershed Protection. Design Considerations There are some design features that should be incorporated into all wet pond designs (see Figure 1 ). These design features can be divided into five basic categories: pretreatment, treatment, conveyance, maintenance reduction, and landscaping (for more information, see the Manual Builder Category). Pretreatment Pretreatment features are designed to settle out coarse sediment particles before they reach the main pool. By trapping these sediments in the forebay, it is possible to greatly reduce the maintenance burden of the pond. A sediment forebay is a small pool (typically about 10% of the volume of the permanent pool) located near the pond inlet. Coarse sediments are trapped in the fore bay, and these sediments are removed from the smaller pool on a five to seven year cycle. Treatment Treatment design features help enhance the ability of a stormwater treatment practice to remove pollutants. Several features can enhance the ability of wet ponds to remove pollutants from stormwater runoff. The purpose of most of these features is to increase the amount of time that stormwater remains in the pond. One technique to increase pond pollutant removal is to increase the volume of the permanent pool. Typically, ponds are sized to be equal to the water quality volume (i.e .. the volume of water treated for pollutant removal). Designers may consider using a larger volume to meet specific watershed objectives, such as phosphorous removal. Regardless of the pool size, designers need to conduct a water balance analysis to ensure that sufficient inflow is available to sustain a permanent pool. Other design features can increase the amount of time stormwater remains in the pond , and help to eliminate short circuiting. Wet ponds should always be designed with a length to width ratio of at least 1.5: 1. In addition, the design should incorporate features to lengthen the flow path through the pond, such as underwater berms designed to create a longer flow path through the pond. Combining these two measures helps ensure that the entire pond volume is used to treat stormwater. Another feature that can improve treatment is to use multiple ponds in series as part of a "treatment train" approach to pollutant removal. This redundant treatment can also help slow the rate of flow through the system. Conveyance Stormwater should be conveyed to and from all wet ponds safely and to minimize downstream erosion potential. The outfall of pond systems should always be stabilized to prevent scour. In addition, an emergency spillway should be provided to safely convey large flood events. Jn order to prevent warming at the outlet channel, designers should provide shade around the channel at the pond outlet. Maintenance Reduction Several design features can be incorporated to ease the maintenance burden of wet ponds. Maintenance reduction features include techniques to reduce the amount of maintenance needed, as well as techniques to make regular maintenance activities easier. One maintenance concern in wet ponds is potential clogging of the pond outlet. Ponds should be designed with a non-clogging outlet such as a reverse-slope pipe, or a weir outlet with a trash rack. A reverse slope pipe draws from below the permanent pool extending in a reverse angle up to the riser and establishes the water elevation of the permanent pool. Because these outlets draw water from below the level of the permanent pool, they are less likely to be clogged by floating debris. Another general rule is that no low flow orifice should be less than 3" in diameter (smaller orifices are more susceptible to clogging). Direct access is needed to allow maintenance of both the forebay and the main pool of ponds. In addition, ponds should generally have a drain to draw down the pond or forebay to enable periodic sediment clean outs. Landscaping Landscaping of wet ponds can make them an asset to a community, and can also enhance the pollutant removal. A vegetated buffer http://www. stormwatercen ter. net/ Assorted%20 F act%20S heets/Too 16 _ Stormwater _ Practi ces/Pond/W et%20 Pond. htm 0 1/29/2001 Wet Pond Page3of7 should be created around the pond to protect the banks from erosion, and provide some pollutant removal before runoff enters the pond by overland flow. In addition, ponds should incorporate an aquatic bench (a shallow shelf with wetland plants) around the edge of the pond. This feature provides some pollutant uptake, and also helps to stabilize the soil at the edge of the pond and enhance habitat and aesthetic value. Design Variations There are several variations of the wet pond design. Some of these design alternatives are intended to make the practice adaptable to various sites and to account for regional constraints and opportunities. Wet Extended Detention Pond The Wet Extended Detention Pond combines the treatment concepts of the dry extended detention pond (for more information see Dry Extended Detention Pond Fact Sheet) and the wet pond (see Figure 2). In this design, the water quality volume is split between the permanent pool and detention storage provided above the permanent pool. During storm events, water is detained above the permanent pool and released over 12 to 48 hours. This design has similar pollutant removal to a traditional wet pond, and consumes less space. Wet Extended Detention Ponds should be designed to maintain at least half the treatment volume in the permanent pool. In addition, designers need to carefully select vegetation planted in the extended detention zone to ensure that it can withstand both wet and dry periods. Pocket Pond In this design variation, a pond drains a smaller area than a traditional wet pond, and the permanent pool is maintained by intercepting the groundwater. While this design variation achieves less pollutant removal than a traditional wet pond, it may be an acceptable alternative on sites where space is at a premium, or in a retrofit situation. W ater Reuse Pond Some designers have used wet ponds to act as a water source, usually for irrigation. In this case, the water balance should account for the water that will be taken from the pond. One study conducted in Florida estimated that a water reuse pond could provide irrigation for a 100-acre golf course at about one seventh the cost of the market rate of the equivalent amount of water ($40,000 versus $300,000). Regional Adaptations Semi-Arid Climates In arid climates, wet ponds are not a feasible option (see Application), but they may be possible in semi-arid climates if the permanent pool is maintained with a supplemental water source, or if the pool is allowed to vary seasonally. This choice needs to be seriously evaluated, however. Saunders and Gilroy (1997) reported that 2.6 acre-feet per year of supplemental water were needed to maintain a permanent pool of only 0.29 acre-feet in Austin, TX (for more information see Stormwater Strategies for Arid and Semiarid Watersheds, Article 66 in The Practice of Watershed Protection). Cold Climates Cold climates present many challenges to designers of wet ponds. The spring snowmelt may have a high pollutant load, and large volume to be treated. In addition, cold winters may cause freezing of the permanent pool or freezing at inlets and outlets. Also, high salt concentrations in runoff resulting from road salting may impact pond vegetation, and sediment loads from road sanding may quickly reduce pond capacity. One means of effectively dealing with spring snowmelt is to use a seasonally operated pond to capture extra snowmelt during the spring, but retain a smaller permanent pool during warmer seasons. In this option, proposed by Oberts (1994 ), a wet pond has two water quality outlets, both equipped with gate valves. In the summer, the lower outlet is closed. During the fall and throughout the winter, the lower outlet is opened to draw down the permanent pool. As the spring melt begins, the lower outlet is closed to provide detention for the melt event. This method can act as a substitute to using a minimum extended detention storage volume. When wetlands preservation is a downstream objective, seasonal manipulation of pond levels may not be desired (for more information, see Performance of Stormwater Ponds and Wetlands in Winter, Article 71 in The Practice of Watershed Protection). An analysis of the effects on downstream hydrology should be conducted before considering this option. In addition, the manipulation of this system requires some labor and vigilance; a careful maintenance agreement should be confirmed. Several other modifications help to improve the performance of ponds in cold climates. Designers should consider planting the aquatic buffer with salt-tolerant vegetation if the pond receives road runoff. In order to counteract the effects of freezing on inlet and outlet structures, weirs and larger diameter pipes that are resistant to frost can be used. Designing ponds on-line, which create a continuous flow of water through the pond, also helps prevent freezing of outlet structures. Finally, since freezing of the permanent pool can reduce the effectiveness of pond systems, it may be useful to incorporate extended detention into the design to retain usable treatment area above the permanent pool while it is frozen (for more information, see Performance of Stormwater Ponds and Wetlands in Winter, Article 71 in The Practice of Watershed Protection). http://www. stormwatercenter. net/ Assorted %20 F act%20S heets/Too 16 _Storm water_ Practices/Pond/Wet%20 Pond. h tm 01 /29/2001 Wet Pond ~ Karst Topography Page 4 of7 In karst (i.e., limestone) topography, wet ponds should be designed with an impermeable liner to prevent groundwater contamination or sinkhole formation, and to help maintain the permanent pool. Limitations Limitations of wet ponds include: • When improperly located, wet pond construction may cause loss of natural wetlands or high quality forest. • Although wet ponds consume a small amount of space relative to their drainage areas, they are often inappropriate in dense urban areas because each pond is generally quite large. • Use of ponds is restricted in arid and semi-arid regions due to the need to supplement the permanent pool. • In cold water streams, wet ponds are not a feasible due to the potential for stream warming. • Wet ponds may cause some community concerns regarding safety. Maintenance Considerations In addition to incorporating features into the pond design to minimize maintenance, some regular maintenance and inspection practices are needed. The table below outlines these practices. Table 1. Typical Maintenance Activities for Wet Ponds (Source: WMI, 1997) I Activity II Schedule I • Inspect for damage . . Note signs of hydrocarbon build-up, and deal with appropriately . . Monitor for sediment accumulation in the facility and forebay. Annual . Examine to ensure that inlet and outlet devices are free of Inspection debris and operational I . Repair undercut or eroded areas. I As Needed Maintenance . Clean and remove debris form inlet and outlet structures . Mow side slopes . Monthly . Maintenance . Removal of sediment form the forebay 5 to 7 year Maintenance • Monitor sediment accumulations, and remove sediment when the pool volume has become reduced significantly, or the pond 20 to 50 year becomes eutrophic. Maintenance Effectiveness Stormwater treatment practices can be used to achieve four broad resource protection goals. These include: Flood Control, Channel Protection, Groundwater Recharge, and Pollutant Removal (for more information, see the Manual Builder Category.) Wet ponds can generally provide flood control channel protection, and pollutant removal functions. Flood Control One objective of stormwater treatment practices is to reduce the flood hazard associated with large storm events by reducing the peak flow associated with these storms. Wet ponds can easily be designed for flood control, by providing flood storage above the level of the http://www. storrnwatercenter. net/ Assorted%20 F act%20S heets/Too 16 _ S tormwater _ Practices/Pond/W et%20 Pond. h tm 01/29/2001 Wet Pond -' permanent pool. Channel Protection Page 5 of7 One result of urbanization is channel erosion caused by increased stormwater runoff. Traditionally wet ponds have been designed to provide control of the two-year storm . It appears that this design storm has not been effective in preventing channel erosion, and recent research suggests that control of a smaller storm may be more appropriate (MacRae, 1996). Choosing a smaller design storm (one- year) and providing longer detention time (1 2 to 24 hours) is now thought to be the best method to reduce channel erosion. Groundwater Recharge Wet ponds generally cannot provide groundwater recharge, as infiltration is impeded by the accumulation of organic debris on the bottom of the pond. Pollutant Removal Wet ponds are among the most effective stormwater treatment practices at removing stormwater pollutants. A wide range of research is available to estimate the effectiveness of wet ponds. Table 2 provides pollutant removal estimates derived from CWP's National Pollutant Removal Performance Database for Stormwater Treatment Practices: Table 2. Pollutant Removal Efficiency of Stormwater Wet Ponds (Winer, 2000) Pollutant Removal Efficiency {%} TSS 80±271 TP 51±21 TN 33±20 NOx 43±38 Metals 29-73 I Bacteria 70±32 11: ± values reeresent one standard deviation There is considerable variability in the effectiveness of wet ponds, and it is believed that properly designing and maintaining ponds may help to improve their performance. The locational and design criteria presented in this sheet reflect the best current information and experience to improve the performance of wet ponds. A recent joint project between the American Society of Civil Engineers ~CE) and the US EPA Office of Water may help to isolate specific design features that can improve performance. The National Stormwater Best Management Practice (BMP) database 1s a compilation of stormwater practices which includes both design information and performance data for various practices. As the database expands, inferences about the extent to which specific design criteria influence pollutant removal may be made. For more information on this database, access the ASCE web page at http 'iwww . .asce_org. Cost Considerations Wet ponds are relatively inexpensive stormwater practices. The construction costs associated with these facilities range considerably. A recent study (Brown and Schueler, 1997) estimated the cost of a variety of stormwater management practices. The study resulted in the following cost equation, adjusting for inflation: c = 24.5'1°·705 Where: C = Construction, Design and Permitting Cost V =Volume in the Pond to Include the 10-Year Storm (cubic feet) Using this equation, a typical construction costs are: $ 45, 700 for a 1 acre-foot facility $ 232,000 for a 10 acre-foot facility $ 1, 170,000 for a 100 acre-foot facility Ponds do not consume a large area (typically 2-3% of the contributing drainage area). Therefore, the land consumed to design the pond will not be very large. It is important to note, however, that these facilities are generally large. Other practices, such as filters or swales, may be "squeezed" into relatively unusable land , but ponds need a relatively large continuous area. For ponds, the annual cost of routine maintenance is typically estimated at about 3 to 5% of the construction cost. Alternatively, a community can estimate the cost of the maintenance activities outlined in the maintenance section. Ponds are long-lived facilities (typically longer than 20 years). Thus, the initial investment into ponds systems may be spread over a relatively long time period. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheetsffoo16 _ Stormwater _Practices/Pond/W et%20Pond. htm 01 /29/200 1 Wet Pond Page 6 of7 In addition to water resource protection benefits of wet ponds, there is some evidence to suggest that they may provide an economic benefit by increasing property values. The results of one study suggest that "pond front" property can increase the selling price of new properties by about 10% (US EPA, 1995). Another study reported that the perceived value (i.e., the value estimated by residents of a community) of homes was increased by about 15 to 25% when located near a wet pond (Emmerling-Dinovo, 1995). References Brown, W. and T. Schueler. 1997. The Economics of Stormwater BMPs in the Mid-Atlantic Region. Prepared for: Chesapeake Research Consortium. Edgewater, MD. Center for Watershed Protection. Ellicott City, MD. Center for Watershed Protection (CWP), Environmental Quality Resources and Loiederman Associates. 1998. Maryland Stormwater Design Manual. Draft. Prepared for: Maryland Department of the Environment. Baltimore, MD. http://www.mde.slate.md.us/environmenl/wma/stormwalermanual/mdswmanual.html Center for Watershed Protection (CWP). 1997. Stormwater BMP Design Supplement for Cold Climates. Prepared for: US EPA Office of Wetlands, Oceans and Watersheds. Washington, DC. Center for Watershed Protection (CWP). 1995. Stormwater management Pond Design Example for Extended Detention Wet Pond. Ellicott City, MD Denver Urban Drainage and Flood Control District. 1992. Urban Storm Drainage Criteria Manual; Volume 3 -Best Management Practices. Denver, CO. Emmerling-Dinovo, C. 1995. Stormwater Detention Basins and Residential Locational Decisions. Water Resources Bulletin, 31(3): 515- 521 Galli, .J. 1992. Preliminary Analysis of the Performance and Longevity of Urban BMPs Installed In Prince George's County, Maryland. Prepared for the Department of Natural Resources. Prince George's County, MD. Galli, F. 1990. Thermal Impacts Associated with Urbanization and Stormwater Best Management Practices. Metropolitan Council of Governments. Prepared for: Maryland Department of the Environment. Baltimore, MD. MacRae, C. 1996. Experience from Morphological Research on Canadian Streams: Is Control of the Two-Year Frequency Runoff Event the Best Basis for Stream Channel Protection? IN: Effects of Watershed Development and Management on Aquatic Ecosystems. American Society of Civil Engineers. Edited by L. Roesner. Snowbird, UT. pp. 144-162. Minnesota Pollution Control Agency. 1989. Protecting Water Quality in Urban Areas: Best Management Practices. Minneapolis, MN. Oberts, G. 1994. Performance of Stormwater Ponds and Wetlands in Winter, Article 71 in The Practice of Watershed Protection. Center for Wate[shed Protection. Ellicott City, MD. Saunders, G. and M. Gilroy. 1997. Treatment of nonpoint source pollution with wetland/aquatic ecosystem best management practices. Texas Water Development Board. Lower Colorado River Authority. Austin, TX Schueler, T. 2000. Influence of Groundwater on Performance of Stormwater Ponds in Florida, Article 78 in The Practice of W<!tershed Protection. Center for Watershed Protection. Ellicott City, MD. Schueler, T. 2000a. Comparative Pollutant Removal Capability of Urban BMPs: A Reanalysis, Article 64 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. Schueler, T. 2000b. Stormwater Strategies for Arid and Semiarid Watersheds, Article 66 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. Schueler, T. 2000c. Performance of Stormwater Ponds in Central Texas, Article 74 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. US EPA. 1995. Economic Benefits of Runoff Controls. Office of Wetlands, Oceans, and Watersheds. Washington, DC Publ. 8410S-95- 0022. US EPA. 1993. Office of Water. Guidance to Specify Management Measures for Sources of Nonpoint Pollution in Coastal Waters. EPA- 840-B-92-002. Washington, DC. http://www.storrnwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Storrnwater _Practices/Pond/Wet%20Pond. htm 01 /29/2001 Wet Pond Page 7 of7 Watershed Management Institute (WMI). 1997. Operation, Maintenance, and Management of Stormwater Management Systems. Prepared for: US EPA Office of Water. Washington, DC. Winer, R. 2000. National Pollutant Removal Performance Database for Stormwater Treatment Practices: 2nd Edition. Center for Watershed Protection. Ellicott City, MD. http://www. stormwatercenter. net/ Assorted %20 F act%20S heets/Too 16 _ S tormwater _ Practices/Pond/W et%20 Pond. h tm 011291200 1 Stormwater Wetland Page I of 11 Stormwater Management Fact Sheet: Stormwater Wetland Description Stormwater wetlands (a .k.a. constructed wetlands) are structural practices similar to wet ponds (see Wet Ponds Fact Sheet) that incorporate wetland plants in a shallow pool. As stormwater runoff flows through the wetland, pollutant removal is achieved by settling and biological uptake within the practice. Wetlands are among the most effective stormwater practices in terms of pollutant removal, and also offer aesthetic value. While natural wetlands can sometimes be used to treat stormwater runoff that has been properly pretreated, stormwater wetlands are fundamentally different from natural wetland systems. Stormwater wetlands are designed specifically for the purpose of treating stormwater runoff, and typically have less biodLversity than natural wetlands both in terms of plant and animal life. There are several design variations of the stormwater wetland, each design differing in the relative amounts of shallow and deep water, and dry storage above the wetland. Applicability Wetlands are widely applicable stormwater treatment practices. While they have limited applicability in highly urbanized settings, and in arid climates, they have few other restrictions. Regional Applicability Stormwater wetlands can be applied in most regions of the United States, with the exception of arid climates. In arid, and even in semi- arid climates, it is difficult to design any stormwater practice that has a permanent pool. Because wetlands are relatively shallow, water losses due to evaporation can be high which can be critical for the wetland plants. This makes maintaining the permanent pool in wetlands both more challenging and more important than maintaining the pool of a wet pond (see Wet Pond Fact Sheet). Ultra Urban Areas Ultra urban areas are densely developed urban areas in which little pervious surface exists. It is difficult to use wet ponds in the ultra urban watershed because of the land area each wetland consumes. They can, however, be used in these environments if a relatively large area is available downstream of the site. Stormwater Hotspots Stormwater hotspots are areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. A typical example is a gas station. Wetlands can accept runoff from stormwater hotspots, but need significant separation from groundwater if they will be used for this purpose. Caution also needs to be exercised for stormwater wetlands to ensure that pollutants in stormwater runoff do not work their way up the food chain of aquatic organisms living in or near the wetland. Stormwater Retrofit A stormwater retrofit is a stormwater management practice (usually structural) put into place after development has occurred, to improve water quality, protect downstream channels, reduce flooding, or meet other watershed restoration objectives. When retrofitting an entire watershed, stormwater wetlands have the advantage of providing both educational and habitat value. One disadvantage to wetlands, however, is the difficulty storing large amounts of runoff without consuming a large amount of land. It is also possible to incorporate wetland elements into existing practices, such as wetland plantings (see Wet Pond and Dry Extended Detention Pond Fact Sheets). Cold Water (Trout) Streams Wetlands pose a moderate risk to cold water systems because of their potential for stream warming. When water remains in the permanent pool, it is heated by the sun. A study in Prince Georges County, MD investigated the thermal impacts of a wide range of stormwater management practices. (Galli, 1990). In this study, only one wetland was investigated, which was an extended detention wetland (see Design Variations). The practice increased the average temperature of stormwater runoff that flowed through the practice by about 3 F. While this is less than the temperature increase associated with wet ponds (see Wet Ponds Fact Sheet), it cannot be concluded from one study that wetlands necessarily increase temperatures less than wet ponds. In fact, wetlands may have a greater potential to increase temperature because the shallow portions of wetlands can easily be warmed by the sun. Locational and Design Considerations In addition to the broad concerns described above, designers need to consider conditions at the site level. In addition, they need to incorporate design features to improve the longevity and performance of the practice, while minimizing the maintenance burden. Locational Considerations Designers need to ensure that stormwater wetlands are feasible for a site. The following section provides basic guidelines for locating wetlands. Drainage Area Wetlands need sufficient drainage area to maintain a shallow permanent pool. In humid regions, about twenty-five acres of drainage area are needed, but a larger areas may be needed in regions with less rainfall. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/Wetland/Wetland. htm 01/29/2001 Stormwater Wetland Page 2of 11 Wetlands can be used on sites with an upstream slope up to about 15%. The local slope should be relatively shallow, however. While there is no minimum slope requirement, there does need to be enough elevation drop from the inlet to the outlet to ensure that hydraulic conveyance by gravity is feasible (generally about three to five feet). Soils !Topography Wetlands can be used in almost all soils and geology, with minor design adjustments for regions of karst topography. (See Design Considerations). Groundwater Unless they receive hotspot runoff, wetlands can often intersect the groundwater table. Some research suggests that pollutant removal is moderately reduced when groundwater contributes substantially to the pool volume (Schueler, 2000) (for more information see Influence of Groundwater on Performance of Stormwater Ponds in Florida, Article 78 in The Practice of Watershed Protection). It is assumed that wetlands would have a similar response. Design Considerations Specific designs may vary considerably, depending on site constraints or preferences of the designer or community. There are some features, however. that should be incorporated into most wetland designs. Th.ese design features can be divided into five basic categories: pretreatment, treatment, conveyance, maintenance reduction. and landscaping (for more information see the Manual Builder Category). Pretreatment Pretreatment is used to settle out coarse sediment particles prior to entry in the main wetland cell. By removing sediments before they reach the wetland, the maintenance burden of the wetland is reduced. In wetlands, pretreatment is achieved with a sediment forebay. A sediment forebay is a small pool (typically about 10% of the volume of the permanent pool). Coarse particles remain trapped in the forebay, and maintenance is performed on this smaller pool, eliminating the need to dredge or clean out sediments from the entire wetland. Treatment Treatment design features help enhance the ability of a stormwater treatment practice to remove pollutants. Several features can enhance the ability of wetlands to remove pollutants from stormwater runoff. The purpose of most of these features is to increase the amount of time and flowpath that stormwater remains in the wetland. Some typical design features include: • The surface area of wetlands should be at least 1 % of the drainage area to the practice. • Wetlands should have a length to width ratio of at least 1.5:1. Making the wetland longer than it is wide helps prevent "short circuiting" of the practice. • Effective wetland design "complex microtopography". In other words, wetlands should have zones of both very shallow (<6") and moderately shallow (<18") wetlands are incorporated, using underwater earth berms to create the zones. This design will provide a longer flow path through the wetland to encourage settling, and provides two depth zones to encourage plant diversity. Conveyance Conveyance of runoff into and through a stormwater practice is a critical component of any stormwater design. Stormwater should be conveyed to and from practices safely and to minimize erosion potential. The outfall of pond systems should always be stabilized to prevent scour. In addition, an emergency spillway should be provided to safely convey large flood events. In order to prevent warming at the outlet channel, designers should provide shade around the channel at the wetlands outlet. Maintenance Reduction In addition to regular maintenance activities, several design features can be incorporated to ease the maintenance burden of stormwater wetlands. One potential maintenance concern in stormwater wetlands is clogging of the outlet. Wetlands should be designed with a non-clogging outlet such as a reverse-slope pipe, or a weir outlet with a trash rack. A reverse slope pipe draws from below the micropool extending in a reverse angle up to the riser and establishes the water elevation of the micropool. Because these outlets draw water from below the level of the micropool, they are less likely to be clogged by floating debris. Another general rule is that no orifice should be less than 3" in diameter (smaller orifices are generally more susceptible to clogging, without specific design considerations to reduce this problem). http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/Wetland/Wetland. htm 01/29/200 1 Stormwater Wetland Page 3 of 11 Wetlands should incorporate design features that make sediment cleanouts of both the forebay and the shallow pool easier. Wetlands should have direct maintenance access to the forebay, to allow th is relatively routine (five to seven year) sediment cleanouts. In addition, the shallow pool should generally have a drain to draw down the wetland for the more infrequent dredging of the main cell of the wetland. Landscaoing Landscaping of wetlands can make them an asset to a community, and can also enhance their pollutant removal. To ensure the establishment and survival of wetland plants, a landscaping plan should provide detailed information about the plants selected, when they will be planted, and a strategy for maintaining them. The plan should detail wetland plant species, as well as vegetation to be established adjacent to the wetland. A variety of techniques can be used to establish wetland plants. The most effective technique is the use of nursery stock as dormant rhizomes, live potted plants, or bare root stock. A "wetland mulch," soil from a natural wetland or a designed "wetland mix," can be used to supplement wetland plantings or alone to establish wetland vegetation. Wetland mulch carries with it the seed bank from the original wetland, and can help to enhance diversity in the wetland. The least expensive option to establish wetlands is to allow the wetland to colonize itself. One disadvantage to this last technique is that invasive species such as cattails or Phragmites may dominate the wetland (for more information see Nutrient Dynamics and Plant Diversity in Volunteer and Planted Stormwater Wetlands, Article 8Jl_in_ The Practice of Watershed Protection). When developing a plan for wetland planting, care needs to be taken to ensure that plants are established in the proper depth and within the planting season. This season varies regionally, and is generally between two and three months long in the spring to early summer. Plant lists are available for various regions of the United States through wetland nurseries, extension services, or conservation districts. Design Variations There are several variations of the wetland design. The designs differ in the proportion of the volume of the wetland in deep pool, high marsh, low marsh, and whether volume is provided for extended detention above the wetland surface. Other design variations help to make wetland designs practical in cold climates. Shallow Marsh In the shallow marsh design, most of the wetland volume is in the relatively shallow high marsh or low marsh depths. The only deep areas of the shallow wetland design are the forebay at the inlet to the wetland, and the micropool at the outlet. One disadvantage of the shallow marsh design is that the pool is very shallow and a large amount of land is typically needed to store the water quality volume (i.e., the volume of runoff to be treated in the wetland) (see Figure 1 ). ~EMERGENCY SPILLWAY http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/Wetland/Wetland. htm 01/29/2001 References Barret, M., M. Keblin, P. Walsh, J. Malina and R. Charbeneau. 1998.Evaluation of the Performance of Permanent Runoff Controls: Summary and Conclusums. Center for Transportation Research. Texas Deptoffransportation. Universityoffexas. Austin, TX. 3 7 pp. Brush, S,M. Jennings, J. Young, and H. Mcreath. 1995. NPDES Monitoring-Dallas/Fort Worth Texas Area. Pp.115-143. fu.Stonnwater NP DES Monitor- ing Needs. American Society of Civil Engineers. Camp Dresser and McKee (CDM), Larry Walker Asso- ciates, and Uribe and Associates, and Resources Planning Associates. 1993. California Stormwa- ter Best Management Practices Handbook Pre- pared For: California Water Quality Control Board. Sacramento, CA. Caraco, Deb and Rich Claytor. 1997. BMP Supplement for Cold Climates. U.S. Environmental Protection Agency. Center for Watershed Protection. Ellicott City,MD. l l2pp. CenterforWatershedProtection(CWP).1997. Survey of Stormwater Managers in Arid and Semi-arid Climates. Ellicott City, MD. Unpublished Data. City of Austin (COA). 1994. Environmental Criteria Manual: Guidelines for BMP Design. City of Austin Drainage Utility. Austin, TX. City of Austin (COA). 1997. "Wet Ponds." Section l .6.6.c of Environmental Criteria Manual. Drain- age Utility. City of Austin, TX. City of Tucson (COT). Stormwater Quality Program. 1996. WaterHarvestingFactSheets. Tucson,AZ. Claytor,RichandTomSchueler.1997. DesignofStorm- water Filtering Systems. Prepared for: Chesa- peake Research Consortium. Center for Water- shed Protection. Ellicott City, MD. Denver Regional Council of Governments (DRCOG). 1983. UrbanRunoffQuality intheDenver Region. Prepared for US EPA NURP Program. Denver, CO. 240pp. Guay, J. 1996. Effects of Increased Urbanization from 1970s to 1990s on Storm Runoff Characteristics in Perris Valley, California. USGS Water Re- sources Investigations Report. 95-4273. Harris, T., J. Saunders, And. W. Lewis. 1997. 'Urban Rivers in Arid Environments-Unique Ecosys- tems." pp.421-438 inEffectsofWatershedDevel- opment and Management of Aquatic Ecosystems. L.Roesner,Editor.AmericanSocietyofCivilEngi- neers.NewYork,NY. Kjelstrom, L. 1995. Data for and Adjusted Regional Regression Models of Volume and Quality of Ur- ban Stormwater Runoff in Boise and Garden City, Idaho, 1993-94. United States Geological Survey Water Resources "Investigations Report 95-4228. Lopes, T, K. Fossum, J. Phillips and J. Marica!. 1995. Statistical Summary of Selected Physical, Chemi- cal, and Microbial Contaminants and Estimates of Constituent Loads in Urban Stormwater in Maricopa County, Arizona. USGS Water Re- sources "Investigations Report 94-4240. Maddock, T. and W. Hines. 1995. "Meeting Future Public Water Supply Needs: A Southwest Per- spective." Water Resources Bulletin, 31(2): 317- 329 Mizell, S. and R. French. 1995. "Beneficial Use of Dry Weather Flow in the Las Vegas Valley, Nevada." Water Resources Bulletin. 31(3): 447-461. National Oceanographic and Atmospheric Administra- tion (NOAA). 1997. NCDC Summary of the Day Weather Records. Silver Spring, MD. Saunders and Gilroy. 1997. Treatment of Nonpoint Source Pollution with Wetland/Aquatic Ecosys- tem Best Management Practices. Texas Water Development Board. Lower Colorado River Au- thority. Austin, TX. Smullen, J, and K. Cave. 1998. Updating the U S. Na- tionwide Urban Runoff Quality Database. pp202- 218 in Conference Proceedings. Third "International Conference on Diffuse Pollution. "International Association of Water Quality. Edinburgh, Scot- land. 51 Stormwater Wetland l'\IETL.ANPS 111Cil-j MARSH ~ mmrnooo '°""" l~ "? OVERBANKFU>Q:> CCffTRO~ \ I GABION WALL l l.OWIAARSH- Extended Detention Wetland ANTI·S EEP COUAR OI' FIL TE.R DIAPHRAGM PLAN VIEW E~IERGENGY SPILLWAY PROFILE Page 4 of 11 This design is similar to the shallow marsh, but with more storage above the surface of the marsh. Stormwater is temporarily ponded above the surface in the extended detention zone for between twelve and twenty-four hours. This extended detention wetland can treat a greater volume of stormwater in a smaller space than the shallow wetland design. In the extended detention wetland option, plants that can tolerate wet and dry periods should be planted along the shorelines of the wetlands. (See Figure 2). ~EMERGENCY SPl\.LWAY RISERI~ EMBANKMENT http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Tool6 _ Stormwater _Practices/Wet land/Wetl and. htm 01/29/2001 Stormwater Wetland Pond/Wetland S stem I I I LC#IMARSHJ --·-----·-· ______ .,_ --- Page 5 of 11 ~LOW!AARSH (WATER DEPni BETWEE.N e· and 13i PLAN VIEW EMBAl'D<MEITT PROFILE The pond/wetland system combines a wet pond (see Wet Pond Fact Sheet) and a shallow marsh. Stormwater runoff flows through the wet pond and into the shallow marsh. Like the extended detention wetland, this design requires less surface area than the shallow marsh because much of the practice is relatively deep (i.e., six to eight feet) (see Figure 3). t PONO BUFFER (25 FEET MINIMUM) $ ~-EMERGENCY SPlllWAY RISER IN http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Tool6 _ Stormwater _Practices/Wetl and/Wetl and. htm 01/29/2001 Stormwater Wetland PocketW !land S7 E.XTREM: ~LOOO •'.:ONlR{)L S7 OVERBAl'K FLOOD CCNTRCL ANTI-SEEP COLLAR et FILTER DIA~RAGM Page 6 of 11 EMBANKMENT PLAN VIEW PROFILE This design is very similar to the Pocket Pond (see Wet Pond Fact Sheet). In this design , the bottom of the wetland intersects the groundwater, which helps to maintain the permanent pool. Some evidence suggests that groundwater flows may reduce the overall effectiveness of stormwater management practices (Schueler, 2000). This option may be used when there is not significant drainage area to maintain a permanent pool for the stormwater wetland (see Figure 4). I ,\'.='.==~~·---.J-=;-____ ....... _ ............ - http://www.stormwatercenter.net/ Assorted%20Fact%20Sheetsrroo16 _ Stormwater _Practices/Wetland/Wetland. htm 01/29/2001 Stormwater Wetl and LOW MARSH ZONE --< Gravel-Based Wetlands rE~~::::::1:3.~ EMBANKMENT I PLAN VIEW BROAD CRESTED ¥.t:IR PROFILE Page 7of11 In this design, runoff flows through a rock filter with wetland plants at the surface. Pollutants are removed through biological activity on the surface of the rocks, as well as by pollutant uptake of the plants. This practice is fundamentally different from other wetland designs because, while most wetland designs behave like Wet Ponds with differences in grading and landscaping, gravel-based wetlands are more similar to a fi ltering system. A proprietary version of the gravel-based wetland, StormTreat©, operates on a similar principle (for more information see The StormTreat System: A New Technology for Treating Stormwater Runoff, Article 96 in The Practice of Watershed Protection). Regional Variations Cold Climates Cold climates present many challenges to designers of wetlands. During the spring snowmelt, a large volume of runoff occurs in a short time, which carries a relatively high pollutant load. In addition, cold winter temperatures cause freezing of the shallow pool as well as freezing up inlet and outlet structures. Finally, high salt concentrations are spread by road salting which can impact wetland vegetation. Also sediment loads from road sanding can be high, and cause premature loss of treatment capacity. A key problem with stormwater wetlands (particularly shallow marshes), is that the practice has very shallow water depths. Therefore, much of the volume in the wetland can be lost when the surface ices over. One study found that the performance of a wetland system was moderately diminished during the spring snowmelt because the outlet and surface of the wetland had frozen. Sediment and pollutants in snowmelt and rainfall events "skated" over the surface of the wetland, depositing at the outlet of the wetland. When the ice melted , this sediment was washed away by storm events (Oberts, 2000) (for more information see Performance of Stormwater Ponds http://www. stormwatercenter. net/ Assorted %20 F act%20Sheets/T oo 16 _ S tormwater _Practices/Wet land/Wet I and. h tm 0 1/29/2001 Stormwater Wetland Page 8 of 11 and Wetlands in Winter, Article 71 and Pollutant Removal Dynamics of Three Canadian Wet Ponds, Article 75 in The Practice of Watershed Protection). Several design features can help minimize this problem, including: • Design wetlands "on-line," so that flow continuously moves through the system. This can help prevent outlets from freezing. • Design wetlands with multiple cells, and a berm or weir separating each cell. This modification helps to retain storage for treatment above the ice layer during the winter season. • Use outlets that are resistant to freezing. Some examples include weirs, or pipes with large diameters. The salt and sand used to remove ice from roads and parking lots may also create a problem for wetlands in cold climates. When wetlands receive highway runoff, or parking lots, salt tolerant wetland plant species, such as Pickerelweed or Cord Grass should be used. (Contact a local nursery or extension agency for more information in your region). In addition, designers should consider increasing the size of the sediment forebay to capture the increased sediment load from road sanding. Karst Topograohy In karst (i.e., limestone) topography, the bottom of wetlands should incorporate an impermeable liner to prevent groundwater contamination or sinkhole formation, and to help maintain the shallow pool. Limitations Some limitations of stormwater wetlands include: • Wetlands consume a relatively large amount of space, making them an impractical option on many sites where surface land area is constrained or land prices are high. • Although design features can minimize the potential of wetlands to become a breeding area for mosquitoes (Mclean, 2000), there can be public perception that wetlands are a mosquito source (for more information see Mosquitos in Constructed Wetlands -A Management Bugaboo?, Article 100 in The Practice of Watershed Protection). • Wetlands require careful design and planning to ensure that wetland plants survive and flourish after construction. • Some evidence exists that stormwater wetlands can release some nutrients during the non-growing season. • Designers should ensure that wetlands are not built in natural wetlands or high quality forest. Maintenance Considerations Several regular maintenance and inspection practices are needed for stormwater wetlands as outlined below: Table 1. Regular Maintenance Activities for Wetlands (Source: Adapted from WMI, 1997 and CWP, 1998) I Activit~ II Schedule I Replace wetland vegetation to maintain at least 50% surface area One-Time (after K;overage in wetland plants after the second growing season. construction) Inspect for invasive vegetation and remove where possible. Semi-Annual Inspection Inspect for damage to the embankment and inlet/outlet structures. Repair as necessary. Note signs of hydrocarbon build-up, and deal with appropriately. Annual Monitor for sediment accumulation in the facility and forebay. Inspection Examine to ensure that inlet and outlet devices are free of debris and ooerational. !Repair undercut or eroded areas. I As Needed : Maintenance http://www.stormwatercenter.net/ Assorted%20Fact%20Sheetsrroo16 _ Stormwater _Practices/Wetland/Wetland. htm 01/29/200 I Stormwater Wetland Page 9of 11 Clean and remove debris form inlet and outlet structures Frequent (3-4 times/year) Mow side slopes. Maintenance Supplement wetland plants if a significant portion have not Annual established (at least 50% of the surface area). Maintenance Harvest wetland plants that have been "choked out" by sediment (if needed) build-up. !Removal of sediment form the forebay. . Maintenance I 5 to 7 year Monitor sediment accumulations, and remove sediment when the 20 to 50 year pool volume has become reduced significantly, plants are "choked" iwith sediment, or the wetland becomes eutrophic. Maintenance Effectiveness Stormwater treatment practices can be used to achieve four broad resource protection goals. These include: Flood Control, Channel Protection, Groundwater Recharge, and Pollutant Removal (see the Manual Builder Category for more information). Wetlands, however can only meet flood control and channel protection, and pollutant removal goals. Flood Control One objective of stormwater treatment practices can be to reduce the flood hazard associated with large storm events by reducing the peak flow associated with these storms. Wetlands can easily be designed for flood control, by providing flood storage above the level of the wetland surface. Channel Protection One result of urbanization is the channel erosion caused by increased stormwater runoff. When used for channel protection, wetlands have traditionally been designed to control the two-year storm. It appears that this design storm has not been effective in preventing channel erosion, and recent research suggests that control of a smaller storm may be more appropriate (MacRae, 1996). Choosing a smaller design storm (one-year) and providing longer detention time (12 to 24 hours) are thought to be the best methods to reduce channel erosion. Groundwater Recharge Wetlands usually cannot provide groundwater recharge. The build-up of sediment and organic matter debris at the bottom of the wetland prevents the downward movement of water into the subsoil. Pollutant Removal Wetlands are among the most effective practices for removing stormwater pollutants. Over thirty-five research studies have estimated the effectiveness of wetlands. Wetlands have high pollutant removal rates, and are more effective than any other practice at removing nitrate and bacteria. Table 2 provides pollutant removal data derived from the CWP's National Pollutant Removal Database for Stormwater Treatment Practices: I Table 2. T:t~ical Pollutant Removal Rates of Wetlands (%) {Winer, 2000) I II Stormwater Treatment Practice Design Variation I Pollutant II Shallow Marsh II ED Wetland1 II Poni;;:~and II Subr::~l:~~ravel TSS II 83±51 I 69 71±35 83 I TP II 43±40 39 56±35 64 I TN II 26±49 56 19±29 19 I NOx II 73±49 35 II 40±68 81 I Metals II 36 -85 (-80} -63 II 0 -57 21 -83 I I Bacteria II 76 1 NA II NA 78 I 11 :Data based on fewer than five data QOints I There is considerable variability in the effectiveness of wetlands, but it is believed that proper design and maintenance may help to http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/Wetland/Wetland. htm 01/29/2001 Stormwater Wetland Page 10of 11 improve their performance. The siting and design criteria presented in this sheet reflect the best current information and experience to improve the performance of wetlands. Cost Considerations Wetlands are a relatively inexpensive stormwater practice. Construction cost data for wetlands are rare, but one simplifying assumption is that they are typically about 25% more expensive than stormwater ponds of an equivalent volume. Using this assumption, an equation developed by Brown and Schueler (1997) to estimate the cost of Wet Ponds can be modified to estimate the cost of stormwater wetlands using the equation: C = 30.6V0·705 Where: C = Construction, Design and Permitting Cost V =Wetland Volume needed to control the 10-year storm (cubic feet) Using this equation, typical construction costs are: $ 57, 100 for a 1 acre-foot facility $ 289,000 for a 10 acre-foot facility $ 1,470,000 for a 100 acre-foot facility Wetlands consume about 3% to 5% of the land that drains to them, which is relatively high compared with other stormwater management practices. In areas where land value is high, this may make wetlands an infeasible option. For wetlands, the annual cost of routine maintenance is typically estimated at about 3% to 5% of the construction cost. Alternatively, a community can estimate the cost of the maintenance activities outlined in the maintenance section. Wetlands are long-lived facilities (typically longer than 20 years). Thus, the initial investment into these systems may be spread over a relatively long time period. While no studies are available on wetlands in particular, there is some evidence to suggest that wet ponds may provide an economic benefit by increasing property values. The results of one study suggests that "pond frontage" property can increase the selling price of new properties by about 10% (US EPA, 1995). Another study reported that the perceived value (i.e., the value estimated by residents of a community) of homes was increased by about 15 to 25% when located near a wet pond (Emmerling-Dinovo, 1995). It is anticipated that well-designed wetlands, which incorporate additional aesthetic features, would have the same benefit. References Brown, W . and T. Schueler. 1997. The Economics of Stormwater BMPs in the Mid-Atlantic Region. Prepared for: Chesapeake Research Consortium. Edgewater, MD. Center for Watershed Protection. Ellicott City, MD. Center for Watershed Protection (CWP), Environmental Quality Resources and Loiederman Associates. 1998. Maryland Stormwater Design Manual. Prepared for: Maryland Department of the Environment. Baltimore, MD. http://www.mde.state.md.us/environment/wma/stormwatermanual/mdswmanual.html Center for Watershed Protection (CWP). 1997. Stormwater BMP Design Supplement for Cold Climates. Prepared for: US EPA Office of Wetlands, Oceans and Watersheds. Washington, DC. Denver Urban Drainage and Flood Control District. 1992. Urban Storm Drainage Criteria Manual; Volume 3 -Best Management Practices. Denver, CO. Egan, T., S. Burroughs and T. Attaway. 1995. Packed Bed Filter. In: Proceedings Fourth Biennial Stormwaer Research Conference. Clearwater, FL. 320 pp. Emmerling-Dinovo, C. 1995. Stormwater Detention Basins and Residential Locational Decisions. Water Resources Bulletin, 31(3): 515- 521 Galli, F. 1990. Thermal Impacts Associated with Urbanization and Stormwater Best Management Practices. Metropolitan Council of Governments. Prepared for: Maryland Department of the Environment. Baltimore, MD. Horsley, S. 2000. The Storm Treat System - A New Technology for Treating Stormwater Runoff, Article 96 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. MacRae, C. 1996. Experience from Morphological Research on Canadian Streams: Is Control of the Two-Year Frequency Runoff Event the Best Basis for Stream Channel Protection? IN: Effects of Watershed Development and Management on Aquatic Ecosystems. American Society of Civil Engineers. Edited by L. Roesner. Snowbird, UT. pp. 144-162. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _ Practices/Wetland/Wet land. htm 01 /29/2001 • Stormwater Wetland Page 11 of 11 Mclean, J. 2000. Mosquitos in Constructed Wetlands -A Management Bugaboo?, Article 100 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. Mellichamp, T., J. Matthews, and M. Murray. 1996. Selection and Planting Guide for Aquatic and Wetland Plants in the Piedmont Reg ion of North Carolina. University of North Carolina. Charlotte, NC. Minnesota Pollution Control Agency. 1989. Protecting Water Quality in Urban Areas: Best Management Practices. Minneapolis, MN. Oberts, G. 2000. Performance of Stormwater Ponds and Wetlands in Winter, Article 71 in The Practice of Watershed Protection . Center for Watershed Protection. Ellicott City, MD. Reuter, J., T. Djohan and C. Goldman. 1992. The Use of Wetlands for Nutrient removal from Surface Runoff in a Cold-Climate Region of California-Results from a Newly Constructed Wetland at Lake Tahoe. Journal of Environmental Management, 36:35-53. Schueler, 1992. Design of Stormwater Wetland Systems: Guidelines for Creating Diverse and Effective Stormwater Wetlands in the Mid- Atlantic Region. Metropolitan Washington Council of Governments. Washington, DC. Schueler, T. 2000. Comparative Pollutant Removal Capability of Urban Stormwater Treatment Practices: A Reanalysis, Article 64 in The Eractice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. Schueler, T. 2000. Influence of Groundwater on Performance of Stormwater Ponds in Florida, Article 78 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. Thunhorst, G.A. 1993. Wetland Planning Guide for the Northeastern United States Plants for Wetland Creation , Restoration. and Enhancement. Environmental Concern, Inc. St. Michaels, MD. US EPA. 1995. Economic Benefits of Runoff Controls. Office of Wetlands, Oceans, and Watersheds. Washington, DC Publ. 841 OS-95- 0022. US EPA. 1993. Office of Water. Guidance to Specify Management Measures for Sources of Nonpoint Pollution in Coastal Waters. EPA- 840-B-92-002. Washington, DC. Watershed Management Institute (WMI). 1997. Operation, Maintenance, and Management of Stormwater Management Systems. Prepared for: US EPA Office of Water. Washington, DC Winer, R. 2000. National Pollutant Removal Database for Stormwater Treatment Practices: 2nd Edition. Center for Watershed Protection. Ellicott City, MD. http://www. stormwatercenter. net/ Assorted%20 F act%20S heets/Too 16 _ S tormwater _ Practices/Wet I and/Wetland. h tm 01/29/200 1 Infiltration Basin Page I of6 Stormwater Management Fact Sheet: Infiltration Basin Description An infiltration basin is a shallow impoundment that is designed to infiltrate stormwater into the soil. Infiltration basins are believed to have a high pollutant removal efficiency, and can also help recharge the groundwater, thus restoring low flows to stream systems. Infiltration basins can be problematic at many sites because of stringent soils requirements. In addition, some studies have relatively high failure rates compared with other stormwater treatment practices. Applicability Infiltration basins need to be applied very carefully, as their use is often sharply restricted by concerns over groundwater contamination , site feasibility, soils, and clogging at the site. Regional Applicability Infiltration basins can be utilized in most regions of the country, with some design modifications in cold and arid climates. In regions of karst topography, these infiltration basins should not be applied due to concerns of sink hole formation and groundwater contamination. Ultra Urban Areas Ultra urban areas are densely developed urban areas in which little pervious surface exists. In these areas, few stormwater practices can be easily applied due to space limitations. Infiltration basins can rarely be applied in the ultra urban environment. Two features that can restrict their use are the potential of infiltrated water to interfere with existing infrastructure, and the relatively poor infiltration capacity of most urban soils. In addition, while they consume about the amount of space as infiltration trenches, they need a continuous, relatively flat area. Thus, it is more difficult to fit them into small unusable areas on a site. Stormwater Hotspots A stormwater hotspot is an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Infiltration basins should never receive runoff from stormwater hotspots, unless the stormwater has already been fully treated by another stormwater treatment practice. This is due to potential groundwater contamination (see Risk of Groundwater Contamination from Infiltration of Stormwater, Article 104 in the Practice of Watershed Protection). Stormwater Retrofit A stormwater retrofit is a stormwater practice (usually structural) put into place after development has occurred, to improve water quality, protect downstream channels, reduce flooding, or meet other watershed restoration objectives. Infiltration basins have limited application as a stormwater retrofit. Their use is restricted by three factors. First, infiltration basins are generally used to treat small sites (less than five acres). Small site practices, such as infiltration basins, generally are a high cost retrofit option (in terms of construction cost and the maintenance burden) since a large number of practices are needed to fully retrofit a watershed. Second, it is often difficult to find areas where soils are appropriate for infiltration in an already urban or suburban environment. Finally, infiltration basins are best applied to small sites, yet need a flat, relatively continuous area. It is often difficult to find sites in a watershed that meet these criteria. Cold Water (Trout) Streams Infiltration basins are an excellent option for cold water streams because they encourage infiltration of stormwater and maintain dry weather flow. Because stormwater travels underground to the stream, it has little opportunity to increase in temperature. Siting and Design Considerations When designing infiltration basins, designers need to carefully consider both the restrictions on site and design features to improve the long-term performance of the practice (see Figure 1 ). http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/I nfi !tr. . .II nfi ltration%20Basin.ht 0 I /29/200 I Infiltration Basin , Siting Considerations STANDING WATER PROBLEMS ANTI-SEEP COLLAR or__) Fl LTER DIAPtiAAGM Page 2 of6 PLAN VIEW PROFILE Infiltration practices need to be located extremely carefully. In particular. designers need to ensure that the soils on the site are appropriate for infiltration, and that designs minimize the potential for groundwater contamination, and long term maintenance problems. Drainage Area Infiltration basins have been used as regional facilities, providing both water quality and flood control in some communities. This practice may be feasible if the soils are particularly sandy. In most areas of the country, however, infiltration basins experience high rates of failure when used in this manner. In general, the practice is best applied to relatively small drainage areas (i.e., less than ten acres). and exclusively for groundwater recharge and water quality treatment. The bottom of infiltration basins needs to be completely flat to allow infiltration throughout the entire basin bottom. Soils rropography Soils and topography are a strongly limiting factor when locating infiltration practices. Soils must be significantly permeable to ensure that the practice can infiltrate quickly enough to reduce the potential for clogging, and soils that infiltrate too rapidly may not provide sufficient treatment, creating the potential for groundwater contamination. The infiltration rate should range between 0.5 and 3 inches per hour. Detailed soil tests are needed to determine if fragipans, hardpans or other confining layers are present. In addition, the soils should http://www.stonnwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/In fi ltr. . ./In fi ltration%20Basin. ht 0 I /29/200 I Infiltration Basin Page 3 of6 have no greater than 20% clay content, and less than 40% silt/clay content (CWP, 1998). Finally, infiltration basins may not be used in regions of karst topography, due to the potential for sink hole formation , or groundwater contamination. Groundwater Designers always need to provide significant separation distance (2' to 5') from the bottom of the infiltration basin and the seasonally high ground water table, to reduce the risk of contamination. Infiltration practices should also be separated by at least 150 feet from adjacent drinking water wells. Design Considerations Specific designs may vary considerably, depending on site constraints or preferences of the designer or community. There are some features, however, that should be incorporated into most infiltration basin designs. These design features can be divided into five basic categories: pretreatment, treatment, conveyance, maintenance reduction, and landscaping (for more information see Manual Builder Category). Pretreatment Pretreatment refers to design features that provide settling of large particles before runoff reaches a management practice, easing the long-term maintenance burden. Pretreatment is exceptionally important for all infiltration practices. In order to ensure that pretreatment mechanisms are effective, designers should incorporate "multiple pretreatment," using practices such as grass swales, sediment basins, and vegetated filter strips in series. prior to the infiltration basin. Treatment Treatment features enhance the pollutant removal of an infiltration basin. Designers need to stabilize upland soils to ensure that the basin does not become clogged with sediment. In addition, the basin needs to be sized so that the volume of water to be treated infiltrates through the bottom in a given amount of time. Because infiltration basins are designed in this manner, infiltration basins designed on less permeable soils will be significantly larger than those designed on more permeable soils. Conveyance Stormwater needs to be conveyed through stormwater treatment practices safely, and in a way that minimizes erosion. Designers need to be particularly careful in ensuring that channels leading to an infiltration practice are designed to minimize erosion. In general, infiltration basins should be designed to treat only small storms, (i.e., only for water quality). Thus, these practices should be designed "off-line," using a flow separator to divert only small flows to the practice. Maintenance Reduction In addition to regular maintenance activities, designers also need to incorporate features into the design phase to ensure that the maintenance burden of a practice is reduced. These designers can make regular maintenance activities easier or reduce the need to perform maintenance. In infiltration basins, designers need to provide access to the basin and its forebay for regular maintenance activities. Where possible provide a means to drain the basin, such as an underdrain, in case the bottom becomes clogged. This feature allows the basin to be drained and accessed for maintenance in the event that the water has ponded in the bottom of the basin , or the soil is saturated. Landscaping Landscaping can enhance the aesthetic value of stormwater practices, or improve their function. In infiltration basins, the most important purpose of vegetation is to reduce the tendency of the practice to clog. Upland drainage needs to be properly stabilized with a thick layer of vegetation, particularly immediately following construction. In addition, providing a thick turf at the basin bottom helps encourage infiltration and prevent the formation of rills in the basin bottom. Design Variations Some modifications may be needed to ensure the performance of infiltration basins in arid and cold climates. Arid or Semi-Arid Climates In arid regions, infiltration practices are often highly recommended because of the need to recharge the groundwater. In arid regions, designers need to emphasize pretreatment even more strongly to ensure that the practice does not clog, because of the high sediment concentrations associated with stormwater runoff in the arid southwest. In addition, the basin bottom may be planted with drought tolerant species and covered with an alternative material such as sand or gravel. Cold Climates In extremely cold climates (i.e., regions that experience permafrost). infiltration basins may be an infeasible option. In most cold climates, infiltration basins ca n be a feasible practice, but there are some challenges to its use. First, the practice may become http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/I nfi ltr. . ./In fi ltration%20Basin.ht 0 I /29/200 I Infiltration Basin Page 4 of6 ' inoperable during some portions of the year when the surface of the basin becomes frozen. Other design features may also be incorporated to deal with the challenges of cold climates. One such challenge is the volume of runoff associated with the spring snowmelt event. The volume of the infiltration basin may be increased to account for snowmelt. Another option is the use of a seasonably operated facility (Oberts, 1994)(for more information see Performance of Stormwater Ponds and Wetlands in Winter, Article 71 in The Practice of Watershed Pro~ction). A seasonally operated infiltration/detention basin combines several techniques to improve the performance of infiltration practices in cold climates. Two features, the underdrain system and level control valves, are useful in cold climates. These features are used as follows: In the beginning of the winter season, the level control valve is opened and the soil is drained. As the snow begins to melt in the spring, the underdrain and the level control valves are closed. The snowmelt is infiltrated until the capacity of the soil is reached. Then, the facility acts as a detention facility, providing storage for particles to settle. Other design features can help to minimize problems associated with winter conditions, particularly concerns that chlorides from road salting may contaminate groundwater. The basin may be disconnected during the winter to ensure that chlorides do not enter the groundwater in areas where this is a problem, or if the basin is used to treat roadside runoff. Designers may also want to reconsider application of infiltration practices on parking lots or roads where deicing is used, unless it is confirmed that the practice will not cause elevated chloride levels in the groundwater. If the basin is used for snow storage, or to treat roadside or parking lot runoff, basin bottom should be planted with salt tolerant vegetation. Limitations While infiltration basins can be useful practices, they have several major limitations. Infiltration basins are not generally not an attractive practice, particularly when they clog. If they clog, soils become saturated, and the basin can be a source of mosquitoes. In addition, infiltration basins may not be feasible because of concerns over groundwater contamination and sufficient soil infiltration. Finally, maintenance of infiltration practices can be burdensome, as they have the highest rate of failure of any stormwater treatment practice. Maintenance Considerations Regular maintenance is critical to the successful operation of infiltration basins. Historically, infiltration basins have had a poor track record. In one study conducted in Prince George's County, Maryland (Galli, 1992), all of the infiltration basins investigated clogged within two years. This trend may not be the same in soils with high infiltration rates, however. A study of twenty-three infiltration basins in the Pacific Northwest showed somewhat better long-term performance in an area with highly permeable soils (Schueler, 2000). In this study, some infiltration basins continued to fail after 10 years (for more information, see Longevity of Infiltration Basins Assessed in Puget Sound, Artlci.!L102 in Th~ Practice of Watershed PrQtection). Table 1. Typical Maintenance Activities for Infiltration Basins (Source: Modified from WMI, 1997) I Activit~ II Schedule I . Inspect facility for signs of wetness or damage to structures . Note eroded areas . . If dead or dying grass on the bottom is observed, check to ensure that Semi-Annual water percolates 2-3 days following storms. Inspection . Note signs of petroleum hydrocarbon contamination and handle properly. • Mow and remove litter and debris Standard . Stabilization of eroded banks . Maintenance . Repair undercut and eroded areas at inflow and outflow structures . (As Needed) • Disc or otherwise aerate bottom . Dethatch basin bottom . Annual . Maintenance • Scrape bottom and remove sediment. Restore original cross-section and infiltration rate. 5-year Maintenance . Seed or sod to restore ground cover . Effectiveness http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Tool6 _ Stormwater _Practices/I nfi !tr .. .II nfi ltration%20Basin. ht 0 I /29/200 I Infiltration Basin Page 5 of6 • Structural management practices can be used to achieve four broad resource protection goals. These include: Flood Control, Channel Protection, Groundwater Recharge, and Pollutant Removal (see Manual Builder Category for more information). Infiltration basins can provide groundwater recharge and pollutant removal. Groundwater Recharge Infiltration basins recharge the groundwater because runoff is treated for water quality by filtering through the soil and discharging to groundwater. Pollutant Removal Very little data are available regarding the pollutant removal associated with infiltration basins. It is generally assumed that they have very high pollutant removal, because none of the stormwater entering the practice remains on the surface. Schueler (1987) estimated pollutant removal for based on data from land disposal of wastewater. The average pollutant removal, assuming the infiltration basin is sized to treat the runoff from a one inch storm, is as follows: Table 2. Pollutant Removal Efficiency of Infiltration Basins (Schueler, 1987) I Pollutant II Pollutant Removal{%} I TSS I 75 I TP 60 -70 I TN 55 -60 I Metals 85 -90 I Bacteria 90 These removal efficiencies assume that the infiltration basin is well designed and maintained. The information in the Siting and Design Considerations and Maintenance sections represent the best available information on how to properly design these practices. Also consult the design references below. Cost Considerations Infiltration basins are relatively cost-effective practices, because little infrastructure is needed when constructing them One study estimated the total construction cost at about $2 per cubic foot (adjusted for inflation) of storage for a 0.25-acre basin (SWRPC, 1991 ). Infiltration basins typically consume about 2% to 3% of the site draining to them, which is relatively small. Maintenance costs are estimated at approximately 5% to 10% of construction costs. One cost concern associated with infiltration practices is the maintenance burden and longevity. If improperly maintained, infiltration basins have a high failure rate (see Maintenance). Thus, it may be necessary to replace the basin after a relatively short period of time. References Center for Watershed Protection (CWP), Environmental Quality Resources and Loiederman Associates. 1997. Maryland Stormwater Design Manual. Draft Prepared for: Maryland Department of the Environment. Baltimore, MD. http://www.mde.state.md.us/environment/wma/stonnwatermanual/mdswmanual.html Center for Watershed Protection (CWP). 1997. Stormwater BMP Design Supplement for Cold Climates. Prepared for: US EPA Office of Wetlands, Oceans and Watersheds. Washington, DC. Ferguson, B.K., 1994. Stormwater Infiltration. CRC Press. Ann Arbor, Ml. Galli, J. 1992. Analysis of Urban BMP Performance and Longevity in Prince George's County, Maryland. Metropolitan Washington Council of Governments. Washington, DC. Oberts, G. 1994. Performance of Stormwater Ponds and Wetlands in Winter. Article 71 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. Schueler, T. 1987. Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Metropolitan Washington Council of Governments. Washington, DC. Schueler, T. 2000. Longevity of Infiltration Basins Assessed in Puget Sound. Article 102 in The Practice of Watershed Protection. Center for Watershed Protection. Ellicott City, MD. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheetstroo16 _ Stormwater _Practices/In tiltr .. ./I nfi ltration%20Basin. ht O I /29/200 I Infiltration Basin Page 6 of6 • Southeastern Wisconsin Regional Planning Commission (SWRPC). 1991 . Costs of Urban Nonpoint Source Water Pollution Control Measures. Waukesha, WI. US EPA. 1993. Office of Water. Guidance to Specify Management Measures for Sources of Nonpoint Pollution in Coastal Waters. EPA- 840-8-92-002. Washington, DC. Watershed Management Institute (WMI). 1997. Operation, Maintenance, and Management of Stormwater Management Systems. Prepared for: US EPA Office of Water. Washington, DC. http://www.stormwatercenter.net/ Assorted%20Fact%20Sheets/Too16 _ Stormwater _Practices/In fi ltr .. ./I nfi ltration%20Basin.ht 0I1291200 I Huzzards Bay Project Unified Rules and Regulations for Storrnwater Management Page 1 of 14 Unified Rules and Regulations for Stormwater Management for use by Planning Boards, Boards of Health, and Conservation Commissions Developed by the Buzzards Bay Project, MCZM John Rockwell, David S. Janik, Bernadette Taber January 15, 1996 draft final January 15, 1996 Dear Municipal Official, return During the past five years, the Buzzards Bay Projectill has been providing grants and technical assistance to municipalities around Buzzards Bay to remediate existing storrnwater discharges that are contributing to water quality decline and subsequent closure of shellfish beds and swimming areas. At the same time we have also been helping these municipalities prevent any new storrnwater discharges to rivers, ponds, and our bays so that municipalities are not forced to fix these new problems down the road, typically at taxpayer expense. Preventing new direct untreated discharges to surface waters was one of the most important goals in the Buzzards Bay Comprehensive Conservation and Management Plan. It was common sense; it is simply true that an ounce of prevention is worth a pound of cure. But how do communities go about preventing new storrnwater discharge problems? Already many Planning Boards, Conservation Commissions, and Boards of Health have adopted regulations or policies th at address stormwater discharges. However we have found that many of these regulations do not meet the objectives of the town board that has adopted them. For example, many local regulations that now address stormwater, only deal with controlling storrnwater flow rate, and not storrnwater volume or quality. Only if rate, volume and quality are simultaneously addressed can a town expect to prevent new shellfish bed closures or other degradation of water quality. Another problem we have observed is that requirements among a town's boards are not consistent and sometimes even contradictory. More than once we have heard a developer complain "one board asked me to do one thing, and the other board just the opposite!" To address these problems, the Buzzards Bay Project has developed a set of "Unified" regulations to ensure consistency among Planning Boards, Conservation Commissions, and Boards of Health in addressing storrnwater issues in their community. The principal behind these regulations are simple: I) No new construction, whether public or private should create any new direct untreated storrnwater discharges that degrade water quality or living resources. (Justification: it is cheaper to prevent new storrnwater discharge problems than to fix them.) http://www.buzzardsbay.org/strmregs.htrn 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Storrnwater Management Page 2of14 2) Storrnwater must be treated onsite. (Justification: New private development should not discharge storrnwater to public sewer or storrnwater systems that may already overburdened and thereby become the problem of the taxpayer) The attached regulations ("Appendix A") for town boards are consistent because they are identical among the boards. Only the authorizing preamble is different to match the legal authority of the respective boards. At first glance, these model regulations may seem too complex for your board to implement. It is true that the regulations enclosed are technical and specific, but they have a very specific target audience--the applicant's engineer. When a new subdivision is submitted to a town today, an engineer prepares a copy of the subdivision plan including drainage and storrnwater treatment. Regrettably, many of these plans address only one aspect of storrnwater treatment--keeping storrnwater off the roads and peoples properties, not treating that storrnwater to prevent water quality degradation. Even when storrnwater treatments are proposed, the designs may not truly protect water quality. The enclosed regulations will help ensure that the towns environmental protection goals are met. In preparing these regulations, we have used designs standards from state-of-the-art storrnwater Best Management Practices manuals and incorporated the latest concepts in storrnwater design. The Buzzards Bay Project has adopted the standard of treating the "first flush" of runoff from al '!. inch rainfall on the impervious surface within a watershed. It is the first flush that contains the greatest pollutant load contributing to water quality degradation. A rainfall of I'!. inch or greater occurs in the Buzzards Bay area on average every 4 months. It is worth noting that when sizing a storrnwater system, sometimes Yi inch of rain times the entire watershed is used as the rule of thumb. For many watersheds, this comes up with an estimate of volume that is too stringent for rural and light suburban watersheds. How do towns go about adopting these storrnwater regulations? In many cases, a town board need only have a public hearing and vote upon a set of regulations, but the process will vary depending upon what rules and regulations a town may already have upon its books. In some situations town meeting approval may be required for certain bylaw or regulation changes. If your town needs assistance in implementing these storrnwater regulations, please contact the Buzzards Bay Project for free technical assistance. If you have any questions regarding these materials, our would like a copy of these regulations on floppy disk, please do not hesitate to contact Mark Rasmussen at the Buzzards Bay Project office at (508) 748-3600. Sincerely, Joseph E. Costa, PhD Executive Director jed JEC/strmregs {Board of Health} {Example preamble authorization, Appendix A and B should be attached} Board of Health Regulations for Stormwater Quality and Quantity Control in { townname}, Massachusetts II.A. Purpose and Goals: This regulation is intended to require practices that will control storrnwater generated at development sites, while insuring safe vehicular travel and providing treatment to protect groundwater and surface water from degradation. The design and construction of each development shall be done in a manner so as to maintain or reduce the pre-development peak discharge rate of storrnwater runoff as determined by Soil Conservation Service (SCS) TR-55 or TR-20 methodologies. Storrnwater to be treated shall utilize best management practices (BMPs) for pollution attenuation prior to discharge. http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 3of14 II.B. Jurisdiction: Whereas stormwater runoff has been identified as carrying pollution, which has accumulated on impervious surfaces, to the receiving surface waters and groundwaters of the town of { townname}; whereas these pollutants have been associated with water quality degradation which in some cases results in closure of swimming beaches and shellfish areas and causes a source of filth and presents potential causes of sickness; and whereas the construction of new development can result in the flooding of down-gradient properties; The {townname} Board of Health adopts the following regulation to prevent pollution of the surface waters and groundwaters of the town for the protection of the public health. II.C. Applicability: This regulation shall apply to all the following situations: commercial and industrial development on parcels greater than acres, commercial and industrial development with more than square feet of impervious surfaces, and subdivisions or "approval not required" projects greater than lots. II.D. Permits Required: It shall be the responsibility of the applicant to obtain a stormwater discharge permit from the Board of Health prior to the construction of the project. Following construction is shall be the responsibility of the applicant to provide the Board of Health with record drawings of all stormwater control and treatment best management practices required to be constructed or constructed on the site. II.E. Submittal Requirements: The application for a stormwater discharge permit shall consist of submittal of a Stormwater Management Plan to the Board. This Stormwater Management Plan shall contain sufficient information for the Board of Health to evaluate the environmental impact, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts from stormwater. The Stormwater Management Plan shall contain all information listed in Appendix A as applicable as well as any other information requested by the Board of Health to evaluate the Stormwater Management Plan. II.F. Performance Standards and Specifications: Proposed stormwater treatment facilities should be designed and maintained in accordance with the standards and specifications stated in Appendix A. {Planning Boards} {Example preamble authorization, Appendix A and B should be attached} Rules and Regulations Governing the Subdivision of Land in { townname}, Massachusetts F. Stormwater Mana~ement 1. Stormwater management for each development shall accomplish the following: http://www.buzzardsbay.org/strrnregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 4of14 a. reproduce, as nearly as possible the hydrological conditions in the ground and surface waters prior to the development; b. reduce stormwater pollution to the maximum extent possible using Best Management Practices (BMPs); c. have an acceptable future maintenance plan covering method and execution; d. have a beneficial effect on the natural and human environment; e. be appropriate for the site given physical constraints; f. provide a sufficient level of health and environmental protection during the construction phase; and g. provide proper management prior to the discharge of such runoff onto adjacent property owned by others, into the existing storm drainage system, or wetland resources listed in the Wetland Protection Act Regulations, 310 CMR 10.00. 2. Submittal Requirements: It shall be the responsibility of the applicant to submit a Stormwater Management Plan (SMP) detailing the existing environmental and hydrological conditions of the site, proposed alterations of the site, and all proposed components of the drainage system and any measures for the detention, retention, or infiltration of water, for the protection of water quality and protection from flooding. The SMP shall contain sufficient information for the Planning Board to evaluate the effectiveness and acceptability of those measures proposed by the applicant for controlling flooding and pollution from stormwater runoff. The SMP shall contain maps, charts, graphs, tables, photographs, narrative descriptions, calculations, plans showing construction details of all systems and structures, and citations to supporting references, as appropriate, to communicate the information as required by these regulations. [ See Appendix B for a list of information that may be required.] 3. Design Standards: The design, construction, and maintenance of the Best Management Practices (BMPs), and the submittal of information to evaluate the BMPs, shall be consistent with the standards and specifications of Appendix A of the Rules and Regulations Governing the Subdivision of Land in {townname}, Massachusetts. 4. BMP Location: Stormwater basin and/or ponds shall be located only on a common lot used for service and utilities. 5. Inspection: After the stormwater management system has been constructed and before the Performance Guarantee for the development has been released, the applicant shall submit an "as-built" plan detailing the actual stormwater management system as installed. The Consulting Engineer for the Planning Board shall inspect the system to confirm its as-built features. This engineer shall also evaluate the effectiveness of the system in an actual storm. If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the Definitive Plan, it shall be corrected before the performance guarantee is released. Examples of inadequacy shall be limited to: errors in the infiltrative capability, errors in the maximum ground water elevation, failure to properly define or construct flow paths, or erosive discharges from basins. 6. Maintenance: All stormwater management systems shall be maintained in accordance with these regulations and Appendix A. The following are the minimum standards for the maintenance of stormwater management systems: a. Stormwater management systems shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility, b. Biofilters shall be inspected monthly and mowed or replanted as necessary. Clippings are to be removed and properly disposed of. c. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. http://www.buzzardsbay.org/strmregs.htrn 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 5of14 d. The applicant shall post acceptable surety to cover the cost of maintenance of the selected stormwater management system. The cost shall cover anticipated maintenance costs (including full or partial replacement, if necessary) for a design life of twenty (20) years. e. The surety mechanism shall be structured to allow the Town to draw funds as necessary to conduct maintenance activities. {Conservation Commission} {Example preamble authorization, Appendix A and B should be attached} Conservation Commission Regulations for Stormwater Quality and Quantity Control in { townname}, Massachusetts Note: A Conservation Commission could adopt these regulations within a bylaw or as rules and regulations under a bylaw. Please contact the Buzzards Bay Project as to the approach appropriate to your town. APPENDIX A Standards and Specifications for Stormwater Management Systems Control of stormwater runoff shall meet the design criteria for both flood (volume and peak discharge) control and nonpoint source pollution reduction as indicated below. All assumptions, methodologies, and procedures used to design BMPs shall accompany the design. GENERAL REQUIREMENTS for Stormwater Management Plans (SMPs): A.Flooding: The design and construction of each subdivision shall be done in a manner such that post-development runoff will not exacerbate or create flooding conditions, or alter surface water flow paths such as to impact adjacent properties to the site during the 2, I 0, 25 , and I 00-year 24 hour storm events. I .No increase will be allowed in the peak rate of runoff for any of the above design storms. 2.No increase will be allowed in the volume of runoff for the ten (10) year, twenty-four (24) hour design storm. B.Water Quality: The "first flush" of stormwater runoff shall be treated prior to discharge. The treatment system(s) shall be designed to accommodate the first flush from the entire subdivision area. I. Treatment shall be provided to achieve 80% removal of total suspended solids (TSS) from the first flush. 2. Any development in areas sensitive to increased nitrogen loading, watersheds shall incorporate physical treatment processes to remove nitrogen at an efficiency rate of30% or greater. 3. Development in the freshwater ponds watershed shall incorporate phosphorous removal at a design rate of 50% or greater. SUBMITTAL REQUIREMENTS: The existing environmental and hydrological conditions of the site, proposed alterations of the site, and all proposed components of the drainage system and any measures for the detention, retention, or infiltration of water, for the protection of water quality and protection from flooding, shall be described in detail with sufficient information to evaluate the proposed Stormwater Management Plan. I.Site Characteristic Information to be included in the Stormwater Management Plan (SMP) as shown on a site plan: http://www.buzzardsbay.org/stnnregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 6of14 A.Pre-development conditions: I. the location of all surface waters and wetlands, on or adjacent to the site; 2.the delineation of the 100 year flood elevation as indicated on the Federal Emergency Management Act (FEMA) maps. IfFEMA maps do not exist or if the waterbody or watercourse I 00-year flood elevation is not indicated on the map, the elevation shall be calculated utilizing an appropriate methodologies such as SCS TR-55 or TR-20 or HEC2; 3. the topography described at 2 foot intervals, with areas of steep slopes over 15% highlighted; 4. the existing watersheds on the property, as well as upgradient areas contributing runoff to the property; 5. the principal vegetation types sufficient to determine an appropriate runoff curve number; 6. the soil types on the site and the hydrological soil groups based the most current Natural Resource Conservation Service (formerly SCS) soils map of the site (available at the NRCS office in Wareham); 7. the flow path(s); 8. areas of ponding and swamping; 9. design points for each watershed; and I 0 the location of any public or private water supplies within I 00 feet of the property as well as on the property. B. Post-development conditions: I. changes in topography at 2 foot intervals; 2. the proposed watersheds on the property, as well as upgradient areas contributing runoff to the property; 3. areas where vegetation will be cleared or otherwise altered; 4. the proposed development layout including; a. locations of roadways, common parking areas, and undisturbed lands; b. locations of drainage systems and stormwater treatment facilities; 5. areas to be utilized in overland flow, i.e. grass swales and filter strips, showing: a. proposed vegetation; b. the soil susceptibility to erosion (using the NRCS classification); 6. the flow path(s); 7. design point(s) for each watershed; 8. soil logs for each proposed BMP location; a. Soil observation holes shall extend a minimum of four feet below the bottom of any stormwater BMP and be observed by the agent of the Board of Health, and 9. maximum groundwater levels at the proposed BMP locations; http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 7of14 a. The groundwater elevation measurements shall be determined during the time of probable maximum using monitoring wells. b. The time of probable maximum groundwater shall be determined using the Board of Health's policy. c. Groundwater observations made in areas of possible tidal influence shall be done over the three hour window immediately following high tide. II. Water Quantity/Duration/Quality Information to be submitted in the SMP. A. Pre-development conditions in narrative form or calculations: 1. peak discharge rate for the 2-, 10-, 25-, and 100-year 24 hour storm event using NRCS TR-55 or TR-20; 2. volume of the surface runoff for the IO-year storm; and 3. existing state surface water quality classifications found in 314 CMR 4.04. B. Post development conditions in narrative form or calculations [ All calculations, supporting data, and reference materials relating to the design and construction of flood control and pollution reduction BMPs.]: 1. peak discharge rate for the 2-, 10-, 25-, and 100-year 24 hour storm event using NRCS TR-55 or TR-20; 2. volume of the surface runoff for the 10 year storm; 3. detention/retention time, discharge rate, and approximate time of concentration through the BMP for the water quality storm; 4. a description of, and calculations for the proposed outlet structure(s); both the principle outlet and emergency spillway; and 5. a discussion regarding whether the proposed BMPs meet or exceed the performance standards, identified in GENERAL REQUIREMENTS for SMP's, as well as an evaluation of the pollutant removal efficiency of each proposed treatment facility or group of facilities should be included in this narrative. III. Maintenance Information to be included in the SMP. Maintenance plans for each basin including: a maintenance schedule, an outline of responsible parties and owners, and all pertinent agreements to be executed to insure proper maintenance. Note: See MAINTENANCE on page 11 of Appendix A. PERFORMANCE ST AND ARDS AND DESIGN SPECIFICATIONS Control of stormwater runoff shall meet the design criteria for both flood (volume and peak discharge) control and nonpoint source pollution reduction as indicated in the General Requirements for SMP. All assumptions, methodologies, and procedures used to design stormwater BMPs shall accompany the design. Section 1. Stormwater Design Methodology Considerations for Stormwater Management: (a) runoff calculations for flood control shall be done according to the rational formula, the Natural Resource Conservation Service TR- 20, or TR-55, as appropriate for the site. The appropriate methodology shall be determined from the restrictions on each method described in Basic Hydrological Calculations for Conservation Commissioners: Runoff. Land Subject to Flooding, and Flow in Pipes and Channels, (1987). The Rational Method cannot be used to determine volume. (b) the appropriate pre-and post-development worksheets as shown in Basic Hydrological Calculations for Conservation Commissioners: Runoff. Land Subject to Flooding, and Flow in Pipes and Channels, (1987), shall be submitted with the Subdivision Plan. (c) the flow length for pre-development sheet flow to determine the time of concentration (Tc) or travel time (Tt) shall not exceed 50 feet. http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 8of14 (d) The design points shall be at the: i. edge of wetlands; ii. property line; or iii. existing storm drain system. For each pre-development design point there shall be a corresponding post-development design point. Section 2. General Standards and Specifications -The design, construction, and maintenance of Stormwater BMPs shall be consistent with the following: (a) discharging runoff directly into rivers, streams, watercourses, or wetlands, is prohibited; (b) natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized, or otherwise altered; (c) neighboring properties shall not be used in the stormwater management plan unless a recordable easement has been granted for such use, and a copy of the easement has been submitted to the {boardname} as part of the SMP; (d) the site shall be graded so that surface water shall be directed into the stormwater management system; (e) intermittent watercourses such as swales shall be vegetated; (f) prior to discharging any stormwater runoff into a BMP, the following conditions must also be met: (i .) the BMP shall be installed according to applicable standards and specifications of this Appendix; (ii.) all components of the BMP shall be stabilized; and (iii.) all upland areas contributing stormwater runoff to the BMP shall be stabilized (non-erosive); (g) all basins/ponds designed for stormwater runoff control shall: (i .) be designed in accordance with current NRCS standards and specifications unless otherwise indicated in Section 4. Specific Standards and Specifications; (ii.) have a 2 stage design when pollution reduction and flood control are incorporated into one BMP. The upper stage shall provide enough storage to control the post development peak discharge rates for the 2-, 10-, 25-and 100-year, 24 hour storm events to the pre- development levels, the lower stage shall provide enough storage to meet the pollution removal efficiencies as described in Section 4. Specific Standards and Specifications; (iii.) have energy dissipators at the outlets of all inflow and outflow pipes; (iv.) have outflow pipes designed to minimize clogging (i.e. through the use of trash racks); (v.) have an emergency spillway to allow for the passage of water without damage to the water quality structure for storms greater than their largest design capacity; and (vi.) have side slopes at a no greater than a 4: 1 [Side slopes must be stabilized and planted with vegetation to prevent erosion. A ten foot wide bench at 0% slope shall surround any permanent pool.]; (h) all water quality BMPs shall be designed in accordance with the runoff volume indicated in GENERAL REQUIREMENTS for SMPs. Runoff greater than this design criteria shall be controlled using the peak discharge/volume control criteria in GENERAL REQUIREMENTS for SMPs; http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 9of14 (i) Infiltration Basins using redundant sediment removal techniques (i .e. sediment forebay, grassed swale and filter fabric) may be designed and utilized to act as BMPs for both water quality and volume control, provided all other standards and specifications are met; (j) Volume control structures shall not be placed upgradient of any pollution BMP. i. volume control shall be by infiltration; ii. infiltration areas designed and constructed to control the volume of runoff shall be located in areas with a NRCS hydrological soil group of A, B, or C; iii. infiltration for volume control shall not be designed or constructed in areas with less than one (I) foot separation between the bottom of the infiltration area and the maximum high ground water elevation; and iv. the calculations to determine the size of the volume control structure shall assume the surface of the structure to be impervious; and (k) All basin/ponds shall have a sediment forebay. These forebays shall: i. consist of a separate cell formed by an earthen berm gabion, or rip-rap wall; ii. be sized to contain 0.25 inches per impervious acre of contributing drainage; iii. be four to six feet deep; and iv. have nonerosive exit velocities for the 2 year design storm, Section 3. Selecting a Water Quality BMP Four designs for water quality BMPs -Micropool Extended Detention Basins, Wet Extended Detention Ponds, Infiltration Basins and Biofilters are listed in Section 4. One of these BMPs may be appropriate for the site. These four BMP types comply with the requirements of the Subdivision Rules and Regulations, however: I. Micropool Extended Detention Basins (EDB) with a 48 hour detention time will not adequately remove bacteria. No EDB near (within 1000 feet) a sensitive receptor for bacteria shall be approved. In {townname}, these areas are: I. all coastal waters, insert applicable areas; and 2. freshwater swimming areas. 2. Due to the high failure rate of conventional infiltration practices they are not an accepted method of stormwater management unless redundant pretreatment is utilized. 3. Research has shown that Biofilters do not reduce fecal coliform bacteria or nitrogen and may actually increase the loading of these two pollutants. Biofilters should not be utilized in areas sensitive to bacteria and/or nitrogen. 4. Oil/grit separators are not needed for the type of pollutants associated with subdivisions. 5. Other water quality BMPs may be approved provided the pollutant removal rate meets or exceeds the requirements of GENERAL REQUIREMENTS for SMPs: Section 4. Specific Standards and Specifications (a) Micropool Extended Detention Basin (EDB) -In order to provide an estimated removal efficiency of 80% for suspended solids, 30% total phosphorus, and 15% total nitrogen, EDBs shall be designed in accordance with Section 2. Performance Standards and Design Specifications plus the specific criteria stated below [See illustration ofEDB.] The design ofEDBs shall include: (i.) minimum contributing watershed area of I 0 acres; http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page JO of 14 (ii.) a minimum of 48 hour detention time following the storm event for the water quality component; (iii.) a sediment forebay at the inlet; (iv.) a micropool will be located at the inlet to the outlet structure to reduce resuspension of sediments; (v.) a minimum of 3: I length to width ratio with the inlet structure placed a maximum distance from the outlet structure; and (vi.) the establishment and the methodology with which to maintain wetland vegetation on the bottom of the basin. (b) Wet Extended Detention Ponds/Basins (WP) -The minimum design criteria below plus Section 2. Performance Standards and Design Specifications will provide an estimated removal efficiency of 80% for suspended solids, 65% total phosphorus, and 40% total nitrogen. The design ofWPs shall include: (i.) a minimum contributing watershed of 25 acres, or measures to maintain a permanent pool of water; (ii.) a permanent pool volume of 40% of first fl ush; (iii.) a sediment forebay volume of 13 % of the fi rst flush (iv.) an extended detention storage volume of 47% of the first flush (v.) a detention time for the water quality volume of 48 hours; (vi.) a maximum depth of 8 feet, with the average depth not to exceed 4 feet; (vii.) a marsh component to be established along the pond edges; (viii.) a minimum of3: I length to width ratio with the inlet structure placed a maximum distance from the outlet structure; (c) lnfiltration Basin (IB)-The minimum design criteria for IBs below plus Section 2. Performance Standards and Design Specifications will provide an estimated removal efficiency of 80% for suspended solids and 90% for bacteria. The design of IBs shall include: (i.) redundant pretreatment mechanisms (such as a sediment forebay or detention pond) adequate to remove and store 80% of the TSS; (ii.) adequate volume to infiltrate the first flush of runoff; (iii.) compliance with the specifications found in the State of Rhode lsland Stormwater Design & lnstallation Manual, Sept. 1993, when not specified elsewhere in this Section; 1. Section 6.3 (a),(b )(I )(2)( 4) Site suitability utilizing the { Countyname} County (South) Soil Survey, 2. Section 6.4 Infiltration Rates, 3. Section 6.6 (a through i) Design Requirements, 4. Section 6.7 (a)(l-11 ) Separation Distances, (d) Biofilters -The minimum design criteria below plus Section 2. Performance Standards and Design Specifications will provide an estimated removal efficiency of 80% for suspended solids, 45 % total phosphorus, and 25% total nitrogen. The design ofbiofilters shall be in accordance with the standards and specifications stated below: (i.) be designed in accordance with the site suitability, design criteria, and maintenance requirements of Appendix G ofBiofiltration Swale performance Recommendations and Design Considerations, Washington Department of Ecology, Publication #657, October 5, 1992; http://www.buzzardsbay.org/strmregs.htrn 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 11 of 14 (ii.) be designed to carry only the first flush;. (iii.) have a maximum contributing watershed of 5 acres; (iv.) biofilters shall be stabilized (nonerosive) with dense vegetative cover prior to accepting any stormwater runoff; MAINTENANCE: 1. To facilitate maintenance each basin/pond shall be constructed with: (a) direct maintenance access by heavy equipment to the forebay; (b) a hardened bottom in the forebay to make sediment removal easier; and (c) a fixed sediment depth marker installed in the forebay to measure sediment deposition over time. 2. Routine maintenance and inspections shall conform to the following: (a) all BMPs shall be inspected annually; (b) an inspection report shall be submitted to the {boardname} using the BMP Operation and Maintenance Inspection Report (Appendix C); (c) all actions required to maintain the stormwater management system for the purpose it was designed and constructed must be performed immediately following the maintenance inspection; (d) accumulated sediment shall be excavated as needed or at the request of {boardname}; and (e) any vegetation uprooted by sediment removal shall be replaced. 3. To ensure future maintenance and avoid undue costs to the town: (a) the applicant shall secure future maintenance of the stormwater management system by a proper bond, deposit of money, letter of credit, or other form of security, of an amount as determined by the {board name}; (b) such surety must be secured to the satisfaction of the {boardname} prior to the issuance of the project approval; and (c) the amount of financial guarantee shall be sufficient for maintenance and operation for a twenty year life. This shall include the cost of: i. annual inspections for twenty years; ii. periodic maintenance required to maintain the operation of the stormwater management system for the purpose it was designed and constructed, and iii. complete replacement and/or rejuvenation of the system as required over twenty (20) years based on the expected longevity of the system as determined by the {boardname}. 4. In the event that the applicant or his successors do not follow the maintenance procedures and programs as approved by the {board name}, the {board name} shall have the right to use any portion of said security to provide such maintenance. DEFINITIONS Except for the following definitions, terms are defined in the MA Department of Environmental Protection's Nonpoint Source Management ("The Mega-manual"), June 1993. BMP's -Best management practices are structural, non-structural and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce nonpoint source pollution. http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 12 of 14 Extended Detention Pond -an enhanced detention pond that provides both flood control and treatment of the first flush of stormwater runoff. Storage time for the first flush is a minimum of 48 hours. First Flush -the volume generated by the first 1.25 inches of stormwater runoff. This first inch of runoff carries the majority of accumulated pollutants from impervious surfaces. The first flush treatment volume (V) is determined by the following formula: Vt =(1.25 inches)(R)(Site Area) where,~= 0.05 + 0.009(1) I= the% impervious area. Impervious area is defined as any manmade cover that is not vegetated. In residential areas, the% impervious is obtained from the TR-55 table" Runoff Curve Numbers for Urban Areas, Residential District by Average Lot Size." Forebay -a storage area provided near a BMP inlet to trap incoming sediments before they accumulate in a basin/pond BMP. Hydrologic Soil Group -a soil characterization classification system defined by the U.S. Soil Conservation Service. Soils within the same group have the same runoff potential under similar storm and cover conditions. Peak Discharge -the maximum rate of flow during a storm, usually in reference to a specific design storm event (i.e. 2-yr, 5-yr, 10-yr, 25-yr, 100-yr., 24 hour storm event). Soil Mottling -Redoximorphic features. Surface Water Quality Classifications -waters designated for protection under 314 CMR 4.04 (2). TR-20 -a SCS hydrology procedure for complex watersheds. The computer program calculates runoff volumes, peak discharges and hydrographs at various locations in the watershed. Design storms and actual rainfall events can be analyzed. TR-55 -presents simplified hydrology procedures to calculate runoff volumes and peak discharge in small watersheds. It is based on TR-20 hydrology procedures and actual TR-20 computer runs. Appendix B Applicant Check-off for The Submittal of Stormwater Management Plans I. Site Characteristic Information to be included in the Stormwater Management Plan (SMP). A. Pre-development conditions: [ ] 1. the existing watersheds on the property, as well as upgradient areas contributing runoff to the property; [ ] 2. location of all surface waters and wetlands on or adjacent to the site; [] 3. the delineation of the 100 year flood elevation as indicated on the Federal Emergency Management Act (FEMA) maps. IfFEMA maps do not exist or if the waterbody or watercourse I 00-year flood elevation is not indicated on the map, the elevation shall be calculated utilizing an appropriate methodologies such as NRCS TR-55 or TR-20 or HEC2. Note: The floodplain location determined by the FEMA maps are approximate. When a specific elevation is given, the location of the floodplain shalJ correspond to that elevation. [ ] 4. the principal vegetation types sufficient to determine an appropriate curve number; http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 13of14 [] 5. a. the topography described at 1 foot intervals; [ ] b. with areas of steep slopes over 15% highlighted; [ ] 6. the soil types on the site and the hydrological soil groups based the most current Natural Resource Conservation Service soils map of the site (available at the NRCS office in Wareham); [ ) 7. the location of any public or private water supplies within 100 feet of the property as well as on the property; [] 8. the flow path(s); [] 9. design points for each watershed; and [ ] I 0. areas of ponding or swamping. B. Post development conditions: [ ) 1. changes in topography at 1 foot intervals; [ ] 2. areas where vegetation will be cleared or otherwise altered; [] 3. the proposed watersheds on the property, as well as upgradient areas contributing runoff to the property; 4. the proposed development layout including: [)a. locations of roadways, common parking areas, and undisturbed lands; [ ] b. locations of drainage systems and stormwater treatment facilities; 5. areas to be utilized in overland flow, i.e. grass swales and filter strips, showing: [ ] a. proposed vegetation; and [] b. the soil susceptibility to erosion (using the NRCS classification). [] 6. the flow path(s) for the 2-, 10-, 25-, and [ ] 100-year 24 hour storm event [] 7. design points for each watershed; [ ] 8. soil logs for each proposed BMPs control system site (documentation should be for a minimum of 4 feet below the bottom of the BMP and be submitted for both flood control BMPs and pollution reduction BMPs) and [] 9. maximum groundwater levels at the proposed BMPs locations. II. Water Quantity/Duration/Quality Information to be submitted in the SMP. A. Pre-development conditions in narrative form or calculations: [ ] 1. peak discharge rate, based on the 2-, [) 10-, http://www.buzzardsbay.org/strmregs.htm 12/27/2000 Buzzards Bay Project Unified Rules and Regulations for Stormwater Management Page 14 of 14 [] 25-, and [ ] I 00-year 24 hour storm event using NRCS TR-55 or TR-20; and [] 2. volume of the surface runoff for JO-year 24 hour storm event using NRCS TR-55 or TR-20; [] 3. existing state surface water quality classifications found in 314 CMR 4.04. B. Post development conditions: [ ] I. peak discharge rate, based on the 2-, [) I 0-, [] 25-, and [ ] I 00-year 24 hour storm event using NRCS TR-55 or TR-20; and [ ] 2. volume of the surface runoff for the I 0-year 24 hour storm event using NRCS TR-55 or TR-20; [] 3. design point(s) for each watershed. [ ] 4. detention/retention time, discharge rate, and approximate time of concentration through the BMP for the water quality storm; [] 5. a description of and calculations for the proposed outlet structure(s); both the principle outlet and emergency spillway; and [ ] 6. a discussion regarding whether the proposed BMPs meet or exceed the performance standards identified in Section F. Stormwater Management, paragraph 3, as well as an evaluation of the pollutant removal efficiency of each proposed treatment facility or group of facilities; strmregs I. The Buzzards Bay Project, a National Estuary Program and unit of Massachusetts Coastal Zone Management, is often confused with two non-profit corporations: the Buzzards Bay Action Committee (BBA C-a lobbying organization composed of municipal officials}, and the Coalition for Buzzards Bay (a citizens group). The Coalition is most widely recognized for its "Report Card" on Buzzards Bay municipalities, its educational programs, and a citizen-based water quality monitoring program conducted in partnership with the Buzzards Bay Project. All three organizations are working together to implement the Buzzards Bay Comprehensive Conservation and Management Plan. http://www.buzzardsbay.org/strmregs.htm 12/27/2000 \ Storm Water Pollution Prevention Plan (SWPPP) Development Guide A Storm Water Pollution Prevention Plan is required for construction projects that are covered under the NPDES!TPDES Construction General Permit. The purpose of a SWPPP is to identify potential sources of pollution that could reasonably be expected to impact storm water quality from construction sites. The SWPPP should also describe and guarantee the implementation of practices that are to be used to reduce pollutants in construction storm water runoff as well as ensure compliance with all general permit conditions. This document will serve as a development tool for the preparation of a construction Storm Water Pollution Prevention Plan . SWPPP CERTIFICATION The SWPPP must be certified by the owner and/or operator of the construction site stating that the SWPPP was prepared under his or her supervision and that the contents of the SWPPP are, to the best of his or her knowledge, true and accurate (See Section Vl.G.2.d of General Permit). A sample certification statement is attached to this guidance as Appendix A. SWPPP When developing a SWPPP, the following information should be used as a guide. The numbering system is consistent with the General Permit numbering conventions. 1. Site Description Each SWPPP shall provide a description of potential pollutant sources and other information as indicated below: a. A description of the nature of the construction activity b. A description of the intended sequence of major activities that will disturb soils c. Estimated total area of the construction site and estimated total areas that will be disturbed d. Estimated pre and post-construction runoff coefficients, soil descriptions or soil data e. A general location map and a site map that must include the following information, if applicable: • Drainage patterns • Approximate slopes after grading • Areas of soil disturbance • Areas not disturbed • Locations of major structural and non-structural controls • Locations of planned stabilization practices • Locations of equipment storage areas • Locations of storm water discharges to surface waters f. Locations and descriptions of any discharges from industrial areas other than construction g. Name(s) of any receiving water(s) and/or the areal extent and descriptions of any wetlands or special aquatic sites that could receive discharge from the site h. A copy of the permit language (a copy of the General Permit is sufficient) i. Information on whether listed endangered or threatened species, or critical habitat, are found in proximity to the project in accordance with Addendum A of the Construction General Permit. J. Information on whether a property that is listed , proposed to be listed, or eligible for listing on the National Register of Historical Places is found in proximity to the project. 2. Controls a. Each SWPPP shall provide a description of major erosion and sediment controls that are to be implemented on the project. This requirement may be satisfied by referencing the project plans and/or specifications (if adequate information is included in the plans). Plans may be attached to the SWPPP as an Appendix item. (1) Short and Long Term Goals and Criteria a. The construction-phase erosion and sediment controls should be designed to retain sediment to the extent practicable. b. All control measures must be properly selected, installed, and maintained in accordance with manufacturer specifications and good engineering practices. c. If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off- site impacts. d. Sediment must be removed from sediment traps or sedimentation ponds when design capacity has been reduced by 50%. e. Litter, construction debris, and construction chemicals exposed to storm water shall be prevented from becoming a storm water pollutant source. f. Off-site areas including stockpile areas or vehicle staging areas used solely by the permitted project are considered part of the project and require appropriate structural controls, maintenance, and inspection activities. (2) Interim and Permanent Stabilization Practices The SWPPP must include a description of temporary and permanent ti I ---L -I__ :---•----J.--1.&--•L...-____ ,.,.II_ .. ;_"' site and a schedule of when the practices will be implemented. A checklist with a description. schedule. and responsible party may be a helpful tool in addressing this requirement of the General Permit. Sample Checklist: Implementation Interim Practices Schedule _X_ Temporary Seeding As Needed __ Mulching Soil Retention Blankets _X_ Stabilized Construction Exit Prior to Construction __ Vegetated Buffer Zones Other: _____ _ Permanent Practices _X_ Permanent Seeding, Sodding Upon Construction Completion __ Mulching Soil Retention Blankets __ Vegetative Buffer Zones Preservation of Natural Resources _X_ Grassy Swales As needed Other: ------- Description of stabilization practices incorporated: Responsible f!m Contractor Contractor Contractor Contractor Once all interim and permanent stabilization practices have been selected. a written description shall be developed for each practice. Descriptions may be included in this section of the SWPPP. or attached to the SWPPP as an Appendix item and referenced in this section. Sample description: Vegetative Buffer Zone -Areas where native vegetation is preserved to assist in velocity dissipation and storm water runoff filtration . The practice of preserving native vegetation must be adhered to in all feasible situations. Dates to be recorded and maintained as part of the SWPPP: • Dates when major grading activities occur • Dates when construction activities temporarily or permanently cease on a portion of the construction site • Dates when final stabilization measures are initiated This requirement may be addressed by referencing the inspection section of the SWPPP (i.e. The above records shall be indicated on inspection reports that cover the time periods when the above activities occur). Temporary Stabilization General Provisions: Stabilization measures shall be initiated as soon as possible on portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or Exceptions: (a) Where the initiation of stabilization measures by the 14th day after construction activity has ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable. (b) Where construction activity on a portion of the site is ceased, and earth disturbing activities will be resumed within 21 days, temporary stabilization measures do not have to be initiated for that portion of the site. (c) For construction projects in arid or semi-arid regions, where the initiation of stabilization measures by the 14th day after construction activity has ceased , is precluded by drought conditions , stabilization measures shall be initiated as soon as practicable. Local weather patterns and climatic conditions should be examined when considering the above temporary stabilization exceptions (For example: Exception (b) may be the only exception that applies to a particular construction project because of local climatic conditions) (3) Structural Practices The SWPPP must include a description of all structural controls that are to be implemented to divert flows from exposed soils, store flows , or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. A checklist similar to the checklist in Section 2(2) above may be a helpful tool in satisfying this requirement of the General Permit. Sample Checklist: Check All Controls That Apply: X Silt Fence __ Hay Bales X Rock Berms --Diversion , Interceptor, or Perimeter Dikes Paved Flumes -- --Sediment Traps X Diversion, Interceptor, or Perimeter Swales Diversion Dike and Swale ---Combinations __ Pipe Slope Drains Channel Liners --Sediment Basins * --Stone Outlet Structures --Storm Inlet Sediment Trap --Curbs and Gutters Storm Sewers -----Other: ---------Velocity Control Devices -- * Sediment Basins receiving drainage from 10 acres or more of disturbed land shall adhere to conditions in Section IV.D.2 .a.(3).(a) of the General Permit * No structural controls shall be place in a jurisdiction wetland without proper Section 404 permit coverage. Description of structural practices incorporated: Once all structural practices have been selected, a written description shall be developed for each practice. Information on Structural Control Practices and Best Management Practices can be found on the internet from the EPA. universities. and various erosion and •• • -•• I ------=•--' and included in this section or attached to the SWPPP as an Appendix item and referenced in this section. b. Storm Water Management The SWPPP must include a description of measures that will be installed during construction that will be used to minimize pollutants in storm water runoff and reduce, or eliminate, post- construction impacts to the hydrological regime of the receiving water after construction is complete. Post-construction control measure may include, but are not limited to : • Storm wate r detention structures (includ ing wet ponds) • Storm water retention structures • Flow attenuation structures (open vegetated swales) • Constructed Wetlands • Infiltration Systems • Outfall velocity dissipation structures Information on post-construction control measures can be found on the internet from the EPA. universities, and various storm water management organizations. Local topography and site conditions should be considered when developing the Storm Water Management section of the SWPPP. (For example: For construction projects that occur in areas with little or no slope, velocity dissipation devices may be infeasible or unnecessary due to the fact that natural runoff velocities never reach scour rates.) c. Other Controls Additional control measures must be considered in the process of SWPPP development. (1) No solid materials, including building materials, shall be discharged to waters of the United States, except as authorized by a permit issued under Section 404 of the Clean Water Act. A description of how construction and waste materials will be contained on site. and exposure to precipitation minimized. shall be included in this section of the SWPPP (i.e. dumpsters. trash bins. tarpaulins. etc.). (2) Off-site vehicle tracking of sediments and the generation of dust shall be minimized. A description of how off-site accumulations of sediments will be removed shall be included in this section of the SWPPP (i.e. implementation of stabilized construction exits. daily street sweeping or sediment removal, etc.). A description of how dust generation will be minimized from the site shall also be included in this section of the SWPPP (i.e. load covers for dump trucks. watering for dust control. etc.). (3) The SWPPP shall be consistent with applicable State, Tribal, and/or local waste disposal, sanitary sewer, or septic system regulations to the extent these are located within the permitted area. A description of how wastes and sanitary sewage will be stored and removed from the site shall be included in this section of the SWPPP (i.e. Portable sanitary unit waste will be removed by licensed Sanitary Waste Management contractor or facility, etc). Permittees --··· -r-.,_ -' ----''--•---' ···--4.-_,_ .. ___ -"""rl ,.,,...,..,,.,,...,,#!::}/ rart11/!:llinnc (4) The SWPPP shall include a description of pollutant sources from areas other than construction (including storm water discharges from dedicated asphalt or concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. When applicable. a description of how pollutant discharge from areas other than construction will be minimized shall be included in this section of the SWPPP (i.e. Discharges from dedicated concrete plant will be diverted to a sediment basin as indicated on the plans. etc.). (5) The SWPPP shall include a description of measures necessary to protect listed endangered or threatened species, or critical habitat, including any terms or conditions that are imposed under the eligibility requirements of Part l.B.3.e(4) of the General Permit. When applicable. a description of the measures that are to be implemented that are necessary for the protection of listed endangered or threatened species. or critical habitat. shall be included in this section of the SWPPP. A formal or informal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the Endangered Species Act may be necessary. d. Approved State, Tribal , or Local Plans (1) Permittees which discharge storm water associated with construction activities must ensure their SWPPP is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by State, Tribal, or local officials. Permittees must be familiar with any and all State. Tribal. or local site plan requirements for storm water management or erosion and sediment controls. When applicable. a certification of consistency with State. Tribal. or local requirements. shall be included in this section of the SWPPP. (2) SWPPPs must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by State, Tribal , or local officials for which the permittee receives written notice. Permittees must be familiar with any and all State. Tribal. or local site plan requirements for storm water management or erosion and sediment controls. When applicable. any and all changes to the SWPPP required by written notice from State. Tribal. or local officials. shall be included in this section of the SWPPP. 3. Maintenance All erosion and sediment control measures and other protective measure identified in the SWPPP must be maintained in effective operating condition . Outlining construction site maintenance procedures may be a helpful tool in satisfying this requirement of the General Permit. Sample Maintenance Procedures: In order to maintain the continued effectiveness of the identified stabilization practices and structural controls, the following maintenance procedures will be implemented: • All maintenance and repairs, identified in the inspection process, will be conducted within 24 hours of identification (see Section 4 -Inspections) • Where maintenance or repairs cannot be conducted within 24 hours of identification, maintenance or repair activities must be conducted before the next anticipated storm event, or as soon as practicable. • Sediment will be removed from any sediment trap when design capacity has been reduced by 50%. • All maintenance activities performed on structural controls will be performed in accordance with manufacturer specifications. 4. Inspections a. Permittee(s) shall perform, or designate a qualified person or persons to perform, the following inspections: • Disturbed areas and areas used for storage of materials that are exposed to precipitation will be inspected to identify evidence of, or the potential for, pollutants entering the drainage system. • Erosion and sediment control measures identified in the SWPPP will be observed to ensure that they are operating correctly. • Where discharge locations or points are accessible, they will be inspected to determine whether erosion control measures are effective in preventing significant impacts to receiving waters. • Locations where vehicles enter or exit the construction site will be inspected for evidence of off-site sediment tracking. Inspections shall be conducted by the qualified person or persons: • Once every fourteen (14) calendar days; and/or • Within 24 hours of the cessation of a storm event of 0.5 inches or greater. • If an inspection cannot be performed within 24 hours of the cessation of a storm event of 0.5 inches or greater due to site conditions, the inspection should be performed as soon as conditions permit. Inspections shall be conducted once per month on areas of the site that: • Have been temporarily or permanently stabilized • Runoff is unlikely due to winter conditions (e .g. site is covered with snow or frozen ground exists) • Construction is taking place during arid periods in arid regions (annual rainfall from 0-10 inches) and semi-arid regions (annual rainfall from 10-20 inches) When applicable, permittees are eligible for a waiver of monthly inspection requirements until one month before thawing conditions are expected to result in a discharge if all of the following requirements are met: ... Thi:> nrnii:>r-t i~ lnr.;:itP.rl in an area where frozen conditions are anticipated to • Land disturbing activities have been suspended • The beginning and ending dates of the waiver period are documented in the SWPPP Local weather patterns and climatic conditions should be examined when considering monthly inspections and monthly inspection waivers. When applicable. any waiver documentation requirements shall be included in this section of the SWPPP. b. Based on the results of any inspection, the site map and control measures included in the SWPPP will be revised as necessary, but in no case later than seven (7) calendar days following the inspection. All changes made to the SWPPP should be initialed and dated by the permittee so that any changes to the SWPPP may be cross-referenced to inspection reports and vice-versa. c. A report summarizing the scope of the inspection , name(s) and qualifications of person or persons conducting the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance to item "b" above will be made and retained as part of the SWPPP for at least three (3) years from the date the site is finally stabilized . All inspection reports shall be signed in accordance with Part VI. G of the General Permit. A sample Inspection Report Form is attached to this guidance as Appendix B. For all personnel that have been designated by the permittee to perform inspections. a signed designation of signatory responsibility and authorization form that lists each inspectors qualifications. shall be included in this section of the SWPPP. A sample authorization is attached to this guidance as Appendix C. 5. Non-Storm Water Discharges Any sources of non-storm water listed in Part 111.A.2 or 3 of the General Permit that are combined with storm water discharges associated with construction activity must be identified in the SWPPP. The SWPPP shall identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water component(s) of the discharge. Permittees shall be familiar with non-storm water discharges listed in Part Ill.A. 2 or 3 of the General Permit. When applicable. any additional pollution prevention measures incorporated to address these discharges shall be included in this section of the SWPPP. Any additional control measures shall also be indicated on the site map referenced in Section 1.e. of this guidance. Spill Prevention The discharge of hazardous substances or oil in the storm water discharge(s) from a facility shall be prevented or minimized in accordance with the applicable SWPPP for the facility. A description of good housekeeping measures. and spill prevention practices. that are to be incorporated to prevent or reduce discharges of hazardous materials shall be included in this section or attached to the SWPPP as an Appendix item and referenced in this section. Listing good housekeeping measures and spill prevention practices in table form may be a helpful tool in satisfying this requirement of the General Permit. Sample Table: Good Housekeeping Measures and Spill Prevention Practices • An effort will be made to store only enough product required to do the job. • All materials stored on -site will be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. • Products will be kept in their original containers with the original manufacturer's label. • Substances will not be mixed with one another unless recommended by the manufacturer. • Whenever possible, all of a product will be used up before disposing of the container. • Manufacturer's recommendations for proper use and disposal will be followed . • The site superintendent will inspect daily to ensure proper use and disposal of materials on-site material. • Spills of toxic or hazardous material, of reportable quantity, will be reported to the appropriate State or local government agency. • The spill prevention plan will be adjusted, in accordance with Part 111.B.2 of the General Permit, to include measures to prevent this type of spill from reoccurring and how to clean up the spill if there is another one. A description of the spill, circumstances leading to the spill, and the cleanup measures will also be included. ADDITIONAL SWPPP INFORMATION A. Deadlines for Plan Preparation and Compliance The SWPPP shall: 1. Be completed prior to the submittal of a Notice of Intent (NOi) to be covered under the Construction General Permit (except as provided in Parts 11.A.5 and 11.A.6) updated as appropriate; and To obtain a printable copy of a Notice of Intent (NOi) visit the EPA 's website at www. epa. govlnpdes/pubslconnoi.pdf 2. Provide for compliance with the terms and schedule of the SWPPP beginning with the initiation of construction activities. B. Signature, Plan Review, Plan Availability 1. The SWPPP shall be signed in accordance with Part Vl.G, and be retained on-site at the facility which generates the storm water discharge in accordance with Part V (Retention of Records) of the General Permit. 2. The permittee shall post a notice near the main entrance of the construction site with the following information: a. The NPDES permit number for the project or a copy of the NOi if a permit number has not yet been assigned; b. The name and telephone number of a local contact person; c. A brief description of the project; and d. The location of the SWPPP if the site is inactive or does not have an on-site location to store the plan. If posting the above information near a main entrance is not feasible due to safety concerns. the notice shall be posted in a nearby local public building. The Construction General Permit does not provide the public with any right to trespass on a construction site for any reason. including inspection of a site; nor does it require that permittees allow members of the public access to a construction site. A sample notice form is attached to this guidance as Appendix D. 3. The permittee shall make SWPPPs available upon request to the Director, a State, Tribal, or local agency approving any sediment and erosion plans, grading plans, or storm water management plans; local government officials; or the operator of a municipal separate storm sewer receiving discharges from the site. The on-site copy of the SWPPP must be made available to the Director for review at the time of an on-site inspection. 4. The Director may notify the permittee at any time that the SWPPP does not meet one or more of the minimum requirements of Part IV of the General Permit. Such notification shall identify those provisions of the General Permit which are not being met by the SWPPP as well as those requiring modification in order to meet the minimum requirements of Part IV. Within seven (7) calendar days of receipt of such notification from the Director (or as otherwise provided by the Director), the permittee shall submit to the Director a written certification that the requested changes have been made. The Director may take appropriate enforcement action for the period of time the permittee was operating under a SWPPP that did not meet the minimum requirements of the Construction General Permit. C. Keeping the SWPPP Current The permittee must amend the SWPPP whenever: 1. There is a change in design, construction, operation, or maintenance which has a significant effect on the discharge of pollutants to the waters of the United States which has not been addressed in the SWPPP. 2. Inspections or investigations by site operators, local, State, Tribal, or Federal officials indicate the SWPPP is proving ineffective in eliminating or significantly minimizing pollutants from sources identified under Part IV.D.1 of the General Permit, or is otherwise not achieving the general objectives of controlling pollutants in storm water discharges associated with construction activity. D. Termination of Coverage under the Construction General Permit Permittees must submit a completed Notice of Termination (NOT) that is signed in • I • I• --·-.L -: --_I : _ Part l.D.2. (Terminating Coverage) have been met at a construction project. To obtain a printable copy of a Notice of Termination (NOT) visit the EPA 's website at www.epa.gov/npdeslpubslnotform.pdf The NOT shall include the following information : 1. The NPDES permit number for the storm water discharge identified by the NOT. 2. An indication of whether the storm water discharge associated with construction activity have been eliminated or the permittee is no longer an operator at the site. 3. The name, address, and telephone number of the permittee submitting the NOT. 4. The name of the project and street address (or a description of location if no street address is available) of the construction site for which the NOT is submitted . 5. The latitude and longitude of the construction site . 6. A certification of termination identified in Part Vlll.A.6. of the General Permit signed in accordance with Part Vl.G . of the General Permit. A sample termination certification is attached to this guidance as Appendix E. DEFINITIONS For the purposes of this guidance document, the following shall mean: A. Clean Water Act-The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq .), and any subsequent amendments thereto. B. Construction activity -Activities involving clearing, grading, demolition, excavation, filling , or building of above and below ground structures and buildings, support, and auxiliary facilities, transportation facilities , container and containment structures, above and below ground utilities and associated auxiliary facilities, pipelines and conveyances, and similar activities undertaken for public purposes or needs; for preparation of land, structures, or facilities for commercial purposes, use or sale; or for preparation of land, structures, or facilities for industrial purposes, use or sale. C. Construction site -The entire location where any construction or construction related activities occur which are part of a common development or project. D. Control measures -Any best management practices or other methods to prevent or reduce the discharge of pollutants to waters of the United States. E. Hazardous substance -Any substance listed in Table 302.4 of 40 CFR Part ~()? F. Hydrological regime -The natural hydrologic characteristics, including the physical and chemical characteristics, of a body of water. G. Notice of Intent (NOi) -A formal, written notice required by a state or federal agency stating the intent of the submitter of the NOi to utilize a general permit for purposes of permitting a discharge which is authorized by the general permit. H. Notice of Termination (NOT) -A formal, written notice required by a state or federal agency stating the intent of the submitter to discontinue a discharge previously authorized under a general permit. I. NPDES permit -A National Pollutant Discharge Elimination System permit issued by the EPA (or by the State under delegated authority) that authorizes the discharge of pollutants to waters of the United States, irrespective of whether the permit is applicable on an ind ividual, group, or general area-wide basis. J. Oil -Any non-vegetable oil in any form not intended for human consumption or use in the preparation of food , including, but not limited to: petroleum, petroleum-based motor vehicle fluid, fuel oil, crude oil, or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste. K. Operator-The person or persons who, either individually or taken together, (1) have, by virtue of ownership or lease, operational control over the construction specifications (including the ability to make modifications in specifications); (2) have, by virtue of ownership, lease, or contract, the day-to-day operational control over those activities at the construction site sufficient to ensure compliance with pollution prevention requirements and any permit conditions; or (3) have financial control of construction and authority to direct, either directly or indirectly, the construction activities to be undertaken at the site. L. Owner -The person who owns a facility, property on which a facility occurs, part of a facility, or part of the property on which a facility occurs; in the case of a mortgaged facility or property, the person who has a mortgage on the property and who will obtain, upon proper payment to a financial institution, ownership of the property; in the case of a facility or property for which a person has an option to purchase and such person acts, in effect, as an owner. Also, the person who owns a site or facility and who has ultimate financial responsibility for activities conducted at the site or facility. M. Pollutant-Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand , cellar dirt, sediment and industrial, municipal, and agricultural waste discharged into water. The term "pollutant:" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land , pasture land , and farm land. N. Receiving water-Any water of the United States that accepts storm water runoff as overland sheet flow, channelized flow from a man-made or natural drainage channel, or similar structure, and is considered to be the ultimate destination of the storm water. 0 . Runoff coefficient-The fraction of total rainfall that will appear at the conveyance as runoff. P. Scour velocity-The velocity, measured in feet per second, at which water •--~ ..... ~---•----...I --•----... --h,, ,-..nil~ ~n~ r"11nf"'\ff rates. Q. Storm water discharges associated with construction activity-Discharges of pollutants in storm water runoff from areas where soil disturbing activities, or other industrial storm water directly related to the construction process are located. R. TPOES permit-Texas Pollution Discharge Elimination System permit issued by the Texas Commission on Environmental Quality (TCEQ) for the discharge of wastes or storm waters pursuant to authority delegated to the State of Texas by the EPA for issuance of NPDES permits. The same would apply for other states in the U.S. that have been delegated by the EPA to issue such permits. S. Waters of the United States -All waters which are currently used , were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters in which the use, degradation, or destruction would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act. T. Wetland -An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Appendix A: SWPPP Certification Statement STORM WATER POLLUTION PREVENTION PLAN CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designated to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations . Signed : ____________ _ Joe Permittee Title Anywhere County, State Appendix B: Inspection Report Form Appendix C: Designation of Signatory Responsibility and Authority Form DESIGNATION OF SIGNATORY RESPONSIBILITY AND AUTHORITY I hereby formally authorize and assign Joe Inspector of Company Name, Inc. the responsibility of conducting inspections and signing inspection reports for the (Project on) construction site. The above mentioned designated inspector has the following qualifications: XX number of years storm water permitting experience. XX number of years of on-the-job training in the construction industry., etc. Signed: _________ _ Joe Permittee Title Anywhere County, State Appendix D: Construction Site Notice Form NPDES/TPDES CONSTRUCTION GENERAL PERMIT CONSTRUCTION SITE NOTICE FORM A Construction Site Notice Form shall be posted in an accessible area near, or at the entrance of a construction site that is covered under an NPDES or TPDES Construction General Permit. If posting the Notice near the entrance of a construction site is infeasible, the Notice should be posted at a nearby public location. Project Description: NPDES/TPDES Permit Number (A copy of the NOi should be posted along with this Notice if a permit number has not been issued): Contact Person Name and Telephone Number: Location of SWPPP (If SWPPP is not located on-site): Appendix E: Notice of Termination Certification NOTICE OF TERMINATION CERTIFICATION I certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility that authorized by a general permit have been eliminated or that I am no longer the operator of the facility or construction site. I understand that by submitting this notice of termination, I am no longer authorized to discharge storm water associated with industrial activity under this general permit, and that discharging pollutants in storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by a NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any , Signed : ___________ _ Joe Permittee Title Anywhere County, State