TPDES Construction General Permit Compliance Training

Transcription

TPDES
Construction General Permit
Compliance Training
Presented by:
Darrel Solanik, CPESC, CESSWI
Compliance Resources, Inc.
Version 072814
CRI - Copyright 2014
1
AGENDA

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Regulation Background / History
Introduction to the TPDES regulations
8 – Step Process
TCEQ Inspections
Spill Response
Self Audit
Helpful Websites and Phone Numbers
2
Background / History
All Storm Water Regulations stem from the CLEAN
WATER ACT (1972)
¾ Section 303 – Established Water Quality Standards
¾ Section 401 – Regulates Water Quality Impacts
¾ Section 402 – Established National Pollutant Discharge Elimination
System (NPDES)
¾ Section 404 – Regulates Impacts to U.S. Waters / Wetlands
(USACE – United States Army Corp of Engineers)
NPDES (EPA) delegated to Texas in 1998.
Texas Pollutant Discharge Elimination System
(TPDES - TCEQ) on March 5, 2003
¾ Construction General Permit (CGP) – Renewed March 5, 2008
¾ Construction General Permit (CGP) – Renewed March 5, 2013
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WHAT IS STORM WATER?
Storm Water is water runoff resulting from a storm (rain) or
snowmelt, which can enter surface waters in Texas.
WHY ARE STORM WATER DISCHARGES REGULATED?
Storm water discharges often contain pollutants in amounts
that could reduce water quality. The primary pollutants of
concern from construction activities:
Silt
Sediment
Oils and Grease
Vehicle Fluids
Trash
Debris
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Construction Activity
What is considered “CONSTRUCTION ACTIVITY”?
Clearing
Grading
Excavating
Similar Activities that Disturb / Expose Soil
(Demolition, Cut / Fill areas, Spoils Areas……..)
What is NOT considered “CONSTRUCTION ACTIVITY”?
Routine Maintenance of Conveyances
Routine Grading of Existing Roads
Land Disturbances for Agricultural Activities
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Who Applies for TPDES CGP Coverage?
SWP3 and NOI’s are necessary for:
¾ Operators with “OPERATIONAL CONTROL”
¾ Operators with “DAY-TO-DAY CONTROL”
NOTE – SWP3’s may be combined to cover numerous Operators, but NOI’s are opened
individually for each Operator
Operators may include:
¾
¾
¾
¾
Landowners / Developers
General Contractors
Homebuilders (includes Custom Homebuilders)
Some circumstances may require Subcontractor coverage
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Operator Definition

TPDES definition of “OPERATOR”
¾
Primary Operator – The person or persons associated with a large or
small construction activity that meets either of the following two criteria:
a) having on-site operational control over construction plans and
specifications, including the ability to make modifications; or
b) having day-to-day operational control over those activities necessary
to ensure compliance with the SWP3
¾
Secondary Operator – The person or entity, often the property owner,
whose operation control is limited to:
a) the employment of other operators, such as the general contractor, to
perform or supervise construction activities; or
b) the ability to approve or disapprove changes to plans and specs, but
who does not have day-to-day onsite operational control over
construction activities onsite
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What Else Can the
TPDES CGP Authorize?
Storm water from activities directly supporting a
permitted construction site:
¾
¾
¾
¾
¾
Rock crushing
Concrete batch plants
Asphalt batch plants
Borrow areas / pits
Material storage / disposal area
Supporting activities must be:
¾ Onsite or within one (1) mile of the project site
¾ Only authorized while construction is active
¾ Alternatively, obtain coverage under Multi-Sector General Permit
(MSGP)
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8 - Step Process
1.
Determine the size of your site
2.
Develop a Storm Water Pollution Prevention Plan (SWP3)
3.
Submit NOI or complete Small CSN
4.
Post a copy of the Large CSN or “signed” small CSN onsite
5.
Complete site inspections
(biweekly / >½“ post-rain, weekly, weekly / >½“ post-rain)
6.
Maintain erosion controls and correct problems by the next storm
event if feasible (at least within seven (7) days)…if causing a direct
discharge, it has to be corrected immediately
7.
Submit Notice of Termination (NOT) or finalized Small CSN
8.
Maintain copies of all SWP3 records for three (3) years after project
completion
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# 1 - Determine the Size of Your Site
LARGE Construction Sites (Phase I)
¾ Five (5) acres or more disturbed
¾ Includes smaller construction (under 5 acres) if site is
part of an “active” larger common plan of development
that is disturbing 5 acres or more
SMALL Construction Sites (Phase II)
¾ Greater than or equal to one (1) acre, but less than five
(5) acres disturbed
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# 1 - Requirements for LARGE
Construction Activities

Implement SWP3 prior to start of construction
Submit Notice of Intent (NOI)
Submit NOI Application Fee ($225 or $325)
Send copy of “signed” NOI to MS4
Post onsite a copy of the Large Construction Site Notice
(CSN)
Provisional authorization in 7 days (for paper NOI) or
automatic authorization (for STEERS NOI submittal)
Requires a Notice of Termination (NOT) when project is
complete
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# 1 - Requirements for SMALL
Construction Activities

Implement SWP3 prior to the start of construction
Sign Small Construction Site Notice (CSN)
No Application Fee
Send copy of “signed” Small CSN to the MS4
Post onsite a copy of the “signed” Small CSN
Immediate authorization
Remove small CSN sign posting when construction is
complete
Send copy of the “finalized” Small CSN to the MS4
(does not require a Notice of Termination)
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# 2 - SWP3 Requirements
Site / Project Description:
¾ Nature of construction activity
¾ List of potential pollutants and their sources
¾ Sequence of events / major activities (with estimated start dates &
duration)
¾ Total acreage and disturbed acreage (included any offsite areas)
¾ Soil data or quality of soil discharging from the site
¾ General location map
¾ Detailed site map (see slide 15 for details)
¾ Location and description of any supporting activities (concrete
batch plant, offsite spoil areas, ……)
¾ Receiving Water / Impaired Water / TMDL
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# 2 - SWP3 Requirements (Cont.)
List Best Management Practices (BMP’s)
¾
¾
¾
¾
Non-structural controls
Structural controls
Post-structural controls
Stabilization practices (temporary and permanent)
Locations of all pollutant-generating activities (paving, concrete/paint wash
out, solid waste storage, dewatering operations)

Copy of General Permit TXR150000 (must also abide with local regulations)
Signed Notice of Intent (NOI), Secondary Large CSN, Small CSN
Inspection of BMP’s
BMP Maintenance
If Edwards Aquifer site, a copy of the WPAP / CZP / SCS approval
letter(s) must be included or mentioned in the SWP3
NOTE: If your site is over the Edwards Aquifer, you have to have the Water
Pollution Abatement Plan (WPAP) / Contributing Zone Plan (CZP) / Sewage Collection
System plan (SCS) onsite at ALL times.
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# 2 - Site Map Requirements
Drainage patterns and approximate slopes after major grading
activities
Areas where soil disturbance will occur
Locations of all major structural controls and buffers (planned or inplace)
Locations where temporary or permanent stabilization practices are
expected
Locations of onsite or offsite material, waste, borrow, fill, equipment
storage areas, or support activities
Receiving Water (with Segment ID # and Impaired Water name)
Storm water discharge location(s) from the site (outfalls / outlets)
Designated vehicle wash areas / concrete washout areas
Construction entrance / exit locations
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# 2 - Site Maps
Updated site maps are considered SWP3 revisions
and show the sequence of events onsite - keep ALL
updated site maps
Updating Maps
¾ LARGE map - needs to be updated at least weekly
(daily as changes occur); should state what happened
and initial / date
¾ SMALL maps - need to be updated at least monthly and
kept in SWP3 binder(s)
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# 3 – Large
Construction
Notice of Intent
(NOI)
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# 3 – Large CSN (Primary and Secondary)
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# 3 - Misc. NOI information
Paper NOI
submittal:
Electronic NOI
submittal:
Application Fee - $325
(paid by check or EFT)
Application Fee - $225
(paid by credit card or
EFT)
Provisional Coverage
begins immediately upon
submittal
Provisional Coverage
begins 7 days after
submittal
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# 3 - Electronic Submittals (STEERS)
(State of Texas Environmental Electronic Reporting System)
You can fill out, sign, submit and pay for your construction
general permit applications online through STEERS
¾ Notice of Intent (NOI)
¾ Notice of Termination (NOT)
¾ Notice of Change (NOC)
PRO’s
¾ Immediate acknowledgment of coverage
¾ Lower Application Fee - $225
CON’s
¾ Signature Affidavit form on file with TCEQ
¾ Personal information required for the “Electronic Signature”
(Drivers License # / Audit #, Date of Birth, and SSN #)
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# 3 – Small CSN
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# 3 – Notice of Change (NOC)
No TCEQ fee for NOC’s
An NOC needs to be submitted 14 days before the
change occurs.
If advance notice is not possible, the NOC must be
submitted within 14 days of discovery.
NOC changes can include:
Project description
Increase / decrease in acres disturbed
Operator name (if your tax ID #’s change, an NOC is not
allowed…a new NOI would need to be submitted)
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# 4 – Signage / Posting Requirements
Posting / signage is required for each entity listed
in the SWP3.
Postings are required at main site entrance (can be
posted at job trailer if necessary)
Large site:
Construction Site Notice (primary CSN and signed
secondary CSN)
Small site:
Signed SMALL Construction Site Notice(s)
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# 5 - Inspection Requirements
Inspection frequency options:
¾ Every 14 days and within 24 hours of ½” rainfall or more
¾ Every 7 days
¾ Edwards Aquifer sites - every 7 days and within 24 hours of ½” rainfall or more
¾ Some local regulations may require weekly and within 24 hours of ½” rainfall or
more (City of Austin requires as of April 2009 & Travis County requires as of
August 2012)
¾ Some local regulations may require TPDES inspections to be conducted by a certified
person with a PE, CPESC, CESSWI, or CISEC (City of Austin requires as of April 2009
& Travis County requires as of August 2012)
¾ The inspection frequency must be stated in your SWP3
What to do with inspection reports:
¾
¾
¾
¾
Have them signed by the “corporate signature” or “delegated authority”
Fill-out corrective action(s) taken
Sign-off and date corrective action(s)
File inspection report in designated area (in SWP3 binder or additional binders
kept with the SWP3 binder)
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# 5 - Delegation Letter for Inspection Reports
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# 6 - BMP Maintenance
BMP Maintenance
¾ Maintenance must be performed before the next storm
event or as soon as practicable (at least every 7 days)
¾ If erosion/sedimentation controls have been
intentionally disabled, run-over, removed, or rendered
ineffective, they must be replaced or corrected
immediately upon discovery
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# 7 - Notice of Termination (NOT) Form
The NOT must be submitted
within 30 days after:
¾ Final stabilization (70%
density)
¾ Another permitted
operator has assumed
control
¾ Authorized under an
alternative TPDES permit
¾ Activity never started
onsite
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# 8 – After Project Completion
All records (SWP3, site maps, NOI, NOC,
NOT, inspection reports) must be kept
for three (3) years AFTER the NOT is
submitted to TCEQ.
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TCEQ Inspection Types
Scheduled Visit
¾ Appointment is usually scheduled 2 to 5 days in advance (gives you time to get your
paperwork and site in order)
¾ TCEQ Inspector will review the SWPPP/paperwork, sign postings, and do a field
inspection….all BMP’s and outfall areas will be looked at
¾ Routine visits are picked at random
¾ Verbal exit summary will be given, followed-up by a formal exit summary within 60 days
Non-scheduled Visit
¾ Stems from a complaint call
¾ Initial visit will be done un-announced to view complaint area
¾ Follow-up visit will be scheduled to review SWPPP/paperwork and complaint issue and any
other issues found onsite during initial site visit
¾ Verbal exit summary will be given, followed-up by a formal exit summary within 60 days
¾ NOTE: ALL complaint calls will receive a site visit
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What to do if you are visited by TCEQ?
Do not question their authority
Request a business card or credentials when they show up onsite
Call your supervisor
Call your 3rd party inspector / representative
Wherever they go onsite, you go onsite
Take notes
Take pictures of everything that the regulator takes pictures of
Make sure that the inspector does an exit interview with you
discussing the major issue found onsite and /or leaves you with an
exit interview form
Address issues identified during visit and document work done
Follow-up
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Spill Response

If a spill occurs onsite, you should:
¾ Stop the spill, if possible
¾ Contain the spill, safely
¾ Report the Spill, if necessary
(to your Supervisor and to TCEQ for 25 gallons or more; some local regulatory
agencies require notification as well – City of Austin requires 5 gallons or more
to be reported to their spill response program)
¾ Clean up the spill, properly

The SWP3 needs to be modified within 14 days of the spill; please note the
following:
¾
¾
¾
¾
¾
¾

Spill date
Material spilled
Amount of spill (in gallons)
Circumstances of spill
Corrective actions taken to contain and clean up the spill
Correction date and sign-off
TCEQ Spill Response, 1-800-832-8224
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Self Audit

You can do a self audit by looking at the following:
¾ SIGNAGE
• Is there a sign for every permitted section at each section entrance?
(sections permitted together can have one sign at the main entrance)
• Does it have the Construction Site Notice (CSN) with correct information?
• Does it have a rain gauge?
¾ SWPPP
• Where is the SWPPP located? (trailer, offsite, clearly marked and visible)
• Are the Certification and Delegation pages signed?
• Is there a copy of the signed NOI or Small CSN?
• Is there a copy of the Permit Number and Certificate?
• Is there a construction sequence of events page? Is it being updated?
• Does it have up-to-date site maps?
• Does it have all the signed copies of the inspection reports / corrective actions?
• If there are recurring issues on the reports, is there a plan of action to take care
of them? (sweeping schedules, maintenance schedules, appropriate maintenance
log sheet for the weights of silt removed from E/S controls, etc.)
• Review for special inspection schedules or required inspector certifications
• If Edwards Aquifer site, is there a copy of the WPAP / CZP / SCS and approval letter in the
SWP3? Note: Must be kept with SWPPP at ALL times.
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Helpful Websites
TCEQ – Central Registry
http://www15.tceq.state.tx.us/crpub/
TCEQ - Edwards Aquifer
http://tceq4apmgwebp1.tceq.texas.gov:8080/edwardsAquifer/
TCEQ - Impaired Waters
http://tceq4apmgwebp1.tceq.texas.gov:8080/segments/default.htm
TCEQ – STEERS
TCEQ – TMDL
https://www3.tceq.texas.gov/steers/index.cfm
http://www.tceq.texas.gov/waterquality/tmdl/nav/tmdlsegments
TCEQ - TPDES TXR150000 Regulations (2013)
http://www.tceq.texas.gov/assets/public/permitting/stormwater/TXR150000_CGP.pdf
TCEQ – Water Quality Database
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http://www2.tceq.texas.gov/wq_dpa/index.cfm
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Contact Information
TCEQ
¾ Storm Water NOI / NOT Status
512-245-0130; swpermit@tceq.state.tx.us
¾ Technical Information
512-239-4671; swgp@tceq.state.tx.us
¾ STEERS Support Staff
512-239-6925; steers@tceq.state.tx.us
¾ Darrel Solanik, CRI Central Texas Division Manager
(CPESC, CESSWI)
Office – 512-930-7733, Mobile – 210-559-2488
Email – dsolanik@complianceresourcesinc.com
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EPA – Expedited Settlement Offer (ESO)
Currently, EPA can administratively assess a penalty of up to
$37,500 for Class 1 violations and up to $187,500 for Class 2
violations (PER VIOLATION, PER DAY).
The Expedited Settlement Offer (ESO) was not developed to
replace the current penalties, but to augment them. In order to
be eligible for the ESO the following criteria must be met:
¾ Construction sites that are 50 acres or less
¾ Sites where the penalty calculated via the ESO worksheet is no
more than $15,000
¾ Sites where there is no evidence of significant environmental
impact (e.g. turbidity in the receiving water / offsite discharge)
¾ Sites where the operator is a first-time violator
¾ Sites where there is no evidence of non-allowable storm water
discharges (e.g. process wastewater discharge, such as truck washing
or discharge from a concrete batch plant operation)
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46 possible violations on the
ESO worksheet
¾ 29 paperwork related
¾ 17 field related
If respondent does not wish to
settle the violations through
the ESO process, the
Respondent should arrange a
Show Cause Hearing with EPA
(this meeting is to show how the
Respondent has complied with the
CWA / regulations and why EPA
should not take further enforcement
action against respondent for the
cited violations).
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EPA – past “Consent Decree” recipients
CONSENT DECREE DEFINITION: A legal document
submitted by the Department of Justice on behalf of the
EPA for approval by a federal judge to settle a case. A
Consent Decree can be used to formalize an agreement
reached between EPA and potentially responsible parties
for cleanup at a site or sites.
EPA Consent Decree
Various
Companies / Industries
AT & T Wireless
$$$
$1,375,000
Alcoa
$330,000,000
Honda
$267,000,000
Amtrak
$11,000,000
EPA Consent Decree
Homebuilders
$$$
Beazer Homes (2010 - 50 inspections, 21 states)
$925,000
Centex Homes (2008 - 26 inspections, 9 states)
$1,485,000
John Wieland Homes
(2009 - 25 inspections, 4 states)
$350,000
BP
$867,636,500
CEMEX
$1,400,000
KB Home (2008 - 21 inspections, 6 states)
$1,185,000
Caterpillar
$83,400,000
Pulte Homes (2008 - 38 inspections, 7 states)
$1,485,000
City of Dallas
$3,500,000
Ford Motor Company
$7,800,000
Home Depot (2008)
$1,300,000
Richmond American Homes
(2008 - 21 inspections, 5 states)
$795,000
Ryland Homes (2011 - 278 sites, 14 states)
$625,000
Toll Brothers Homes
(2012 - 378 sites, 23 states)
TOTAL
Kmart
$741,000
$7,591,000
NOTE: Wal‐Mart estimates that the annual cost to implement the Consent Decree changes is ~ $67 million per year
Wal-Mart (2001 – 4
stores)
$1,000,000
Wal-Mart (2005 – 12
stores)
$3,100,000
TOTAL
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$102,422
$1,578,613,922
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Best
Management
Practices
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Outfalls / Headwalls
Concentrated flows leaving the limits of
construction. They may include a pipe, a headwall
(with or without dissipaters), or be at the end of a
drainage channel.
This is the first place the regulators look for offsite
discharges. They also look downstream for
sediment deposition.
All concrete portions of outfalls should be clear of
vegetation, trash, sediment, and debris. There
should be no evidence of offsite discharges.
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Outfalls / Headwalls
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Drainage Channels
Swales and drainage channels are channels lined
with vegetation, riprap/ concrete, etc. that are used
to channel and filter runoff reducing erosion.
Dense vegetation in swales provides filtration to
help improve water quality.
They should be free of trash / debris and sediment;
all headwalls should also be free of sediment,
vegetation and trash / debris.
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Drainage Channels
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Stabilized Construction Exit (SCE)
Used to facilitate the removal of sediment from
construction equipment exiting the construction
site.
Most consist of gravel, crushed stone or other
rock-like material at the main entrance to the site.
Prevent erosion and rutting caused by vehicle
tires while removing sediment and mud from the
vehicle’s tires.
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SCE
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Silt Fence
Silt fences are made of filter fabric or woven plastic
stretched over a wire fence supported by posts
(wood stakes or T-posts) for temporary sediment
and erosion control.
Used to redirect silt from entering drainage ways and
receiving waters.
When silt fencing is used in the J-hook capacity, it
will slow water down and act as a temporary
sedimentation basin, allowing sediment to settle
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Silt Fence
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Silt Fence
Some J-hooks or half-moon sections of silt fence could have
decreased or prevented the amount of sediment that overtopped
this silt fence.
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Rock Berms
Rock berms are small dams of bull rock wrapped in
wire and placed in areas to slow the flow of the
storm water and promote sediment distribution.
They should be placed at the toe of the slope on
each side.
They should be clean and drain properly. Runoff
should not be going around it and they should be
free of sediment, trash, vegetation, and debris.
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Rock Berms
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Inlet Protection
Storm drain inlet protection is a sediment-trapping
filter placed around the inlet or drain.
This control minimizes sediment from entering the
storm drainage structure and keeps downstream
conveyances from silting-in.
Prevents trash and debris from getting in the
storm drain system.
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Inlet Protection
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Inlet Protection
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Tracking / Sediment in the Streets
All interior and adjacent streets should be free of
sediment.
Maintain a regular street sweeping program.
Have sand and/or loam dropped on disturbed areas
or lots (behind E/S controls if possible).
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Tracking /
Sediment in
the Streets
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Tracking /
Sediment in the
Streets
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Ponds
Used to prevent flooding, erosion and pollution of creeks
and lakes. There are four main types of storm water
ponds:
¾Detention pond
¾Water quality pond (Filtration pond / Sedimentation Pond)
¾Retention pond / Irrigation pond
¾Wet pond
Ponds need to be free of trash, debris and excess
vegetation and sediment. Also check for erosion on the
pond slopes and around outlets / outfalls. The sand
portion of water quality pond should be free of sediment
and vegetation to allow for proper storm water treatment.
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Ponds
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Concrete Washout Area (CWO)
Concrete washouts are used to contain concrete and liquids
when the chutes of concrete mixers and hoppers of
concrete pumps are rinsed out after delivery.
Washout wastewater is corrosive and caustic, which can
leach into the ground and contaminate groundwater.
Installing concrete washout facilities not only minimizes
pollution, but also is a matter of good housekeeping on the
construction site.
CRI recommends that all designated concrete washout
areas be lined
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Concrete Washout Area
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Material / Waste Storage & Disposal
No sign of spills around portable toilets,
secondary containment containers, or machinery /
equipment
No evidence of any floatable trash outside of a
trash receptacle / dumpster
No liquids should be placed in dumpsters
No open buckets or containers of fluid where
contact with storm water is possible
Paint should be disposed of properly (at
designated concrete washout area or offsite)
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Portable Toilets
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Containers and Floatable Trash
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Secondary Containment
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Tree Protection
Importance of tree protection (fencing or
planking):
¾ Helps stabilize the soil, which prevents erosion
¾ Allows infiltration of water
¾ Protects against diseases (Oak Wilt)
Some Municipalities require tree protection to be
placed at the drip line of the tree.
Size and species determines whether they will be
protected in most municipalities.
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Tree Protection
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Socks / Wattles

Socks come in various diameters
Can be used where it is hard to install silt
fence
Moveable (pull back & drive-thru)
When done, cut & spread mulch (dispose
of netting properly if not biodegradable)
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Geotextile
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Slope failure
or Geotextile
failure???
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Slope Failures
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Creek (upstream)
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Creek (downstream)
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Contact Information
¾ Darrel Solanik, CRI Central Texas Division
Manager (CPESC, CESSWI)
Office – 512-930-7733, Mobile – 210-559-2488
Email – dsolanik@complianceresourcesinc.com
TCEQ
¾ Storm Water NOI / NOT Status
512-245-0130; swpermit@tceq.state.tx.us
¾ Technical Information
512-239-4671; swgp@tceq.state.tx.us
¾ STEERS Support Staff
512-239-6925; steers@tceq.state.tx.us
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