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2012 Storm Water General Permit For Construction Activities(OKR10)

Stakeholder Advisory Committee MeetingDecember 15, 2011

Watershed Planning and Storm Water Permitting

WQD/ODEQ

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2012 Storm Water General PermitFor Construction Activities(OKR10)

AGENDA

1.1.Welcome / IntroductionWelcome / Introduction2.2.Reissue TimelineReissue Timeline3.3.DEQ’s Identified IssuesDEQ’s Identified Issues4.4.Other Potential Issues Other Potential Issues

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Proposed Timeline for Reissuing Proposed Timeline for Reissuing Construction General Permit Construction General Permit

(OKR10) (OKR10)

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12/15/2011 – 1st stakeholder advisory committee meeting;

01/19/ 2012 – Preliminary review of 1st proposed permit and 2nd stakeholder meeting;

02/16/2012 – Review 2nd proposed permit and conduct the final stakeholder meeting;

03/01/2012 - Submit final draft permit to EPA;

06/15/2012 – Release final draft permit for public comment;

09/12/2012 – Issue new 2012 permit.

ODEQ Identified Issues – ODEQ Identified Issues – 1. Reorganized to be clear what 1. Reorganized to be clear what requirements are non-numeric requirements are non-numeric

technology-based effluent limits and technology-based effluent limits and water quality-based effluent limits water quality-based effluent limits

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EPA proposed permit:

1. Effluent Limitation Applicable to All Discharges from Construction Sites;

2. Numeric Turbidity Limit and Sampling Requirements; (no numeric limit for turbidity)

3. Water Quality-Based Effluent Limitations issued.;

4. Inspections;

5. Corrective Actions;

6. Staff Training Requirements.

ODEQ Identified Issues – ODEQ Identified Issues – 2. Including “Corrective Actions” 2. Including “Corrective Actions”

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“Corrective Actions” are any actions you take to:

Repair, modify, or replace any storm water control used at the site;

Clean up and dispose of spills, releases, or other deposits found on the site; and

Remedy a permit violation.

ODEQ Identified Issues – ODEQ Identified Issues – 3. Including numeric effluent limits 3. Including numeric effluent limits for discharges from asphalt batch for discharges from asphalt batch

plants plants

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1. Numeric effluent limits (MSGP Sector D) TSS: 23 mg/l, daily max., 15 mg/l, 30 day avg.; Oil & Grease: 15 mg/l daily max., 10 mg/l, 30 day

avg.; pH: 6.5-9.0 S.U.

2. Addendum E “Monitoring and Reporting Requirements for Asphalt Batch Plants”

ODEQ Identified Issues – ODEQ Identified Issues – 4. Eliminating calls to the USFWS 4. Eliminating calls to the USFWS

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If a proposed construction or land disturbing activity is within the listed sensitive water or watershed, and cannot meet any criteria in Part 1.3.2.E

You must contact ODEQ for alternative requirements;Add Addendum F “Buffer Guidance” to evaluate alternatives.

ODEQ Identified Issues –ODEQ Identified Issues – 5. Adding new provision for “practice 5. Adding new provision for “practice

of engineering”of engineering”

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If any part of the SWP3 involves the “practice of engineering”, then those engineering practices and designs are required to be prepared by a registered professional engineer. Include Definition of “practice of engineering” - the Statutes and Rules of Oklahoma State Board of Licensure for Professional Engineers & Land Surveyors, Section 472.2

ODEQ Identified Issues –ODEQ Identified Issues – 6. Adding new technology-based 6. Adding new technology-based

effluent limits which are proposed by effluent limits which are proposed by the EPA the EPA

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Non-numeric Limitations

1. Minimize sediment discharges from the site by using perimeter control and stabilized entrance (50ft);

2. Provide and maintain natural buffers around surface waters, direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration, unless infeasible.

ODEQ Identified Issues –ODEQ Identified Issues – 7. Including a copy of the inspection 7. Including a copy of the inspection

form form

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Include an inspection form as one of the required elements of the SWP3

ODEQ Identified Issues –ODEQ Identified Issues – 8. Clarifying responsibilities of 8. Clarifying responsibilities of multiple builders and provide multiple builders and provide

examples examples ??????

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Examples provided by Arkansas or Texas permit

Clarify responsibilities where there are multiple operators on one site.

“Primary Operator” vs. “Secondary Operator”

ODEQ Identified Issues –ODEQ Identified Issues – 9. including a reference to the EPA’s 9. including a reference to the EPA’s

BMP list BMP list

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EPA’s website http://cfpub.epa.gov/npdes/stormwater/const.cfm

ODEQ Identified Issues –ODEQ Identified Issues – 10. Adding a new NOI item for project 10. Adding a new NOI item for project

purpose to identify those project purpose to identify those project ODEQ does not have jurisdiction ODEQ does not have jurisdiction

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What type of project will you be constructing on this site?

Enter the appropriate name to indicate the type of project. For example, residential subdivision, commercial building, road and bridge, wind farm, etc

ODEQ Identified Issues –ODEQ Identified Issues – 11. Adding buffer requirements for 11. Adding buffer requirements for

those discharges to Outstanding those discharges to Outstanding Resource Waters Resource Waters

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Illinois River Lee Creek/Little Lee Creek Watersheds Mountain Fork River Watershed

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ODEQ Identified Issues –ODEQ Identified Issues – 12. Adding requirements for the 12. Adding requirements for the application fees and permit feesapplication fees and permit fees

for renewal for renewal

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Application fee $100 Annual permit fee $330 Fee schedule established in OAC 252:606 Located on ODEQ’s website at

http://www.deg.state.ok.us/rules/606.pdf

ODEQ Identified Issues –ODEQ Identified Issues – 13. Adding new sediment basin 13. Adding new sediment basin

requirements for disturbing land of 5 requirements for disturbing land of 5 acres or more within sensitive water acres or more within sensitive water

and watershed and outstand resource and watershed and outstand resource water water

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1. Small sediment basin or any equivalent controls, such as sediment trap, vegetated buffers;

2. Calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage per acre.

ODEQ Identified Issues –ODEQ Identified Issues – 14. Consider reducing 40 acre SWP3 14. Consider reducing 40 acre SWP3

review threshold review threshold

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30 acres ??

20 acres??

ODEQ Identified Issues –ODEQ Identified Issues – 15. Including Alternatives for straw 15. Including Alternatives for straw bales/hay bales as erosion controls bales/hay bales as erosion controls

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Some alternative practices recommended by EPA For Perimeter controls – Silt fence; For Check dams – Rock checks or fiber rolls; For Slope protection – Geotextiles or Compost blankets; For Storm drain inlet protection – Filter

fabric, gravel bags, and other designs For concrete washout structures – Prefabricated

concrete washout containers

ODEQ Identified Issues –ODEQ Identified Issues – 16. Adding new requirements for 16. Adding new requirements for

303(d) sediment listings 303(d) sediment listings ??????

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EPA’s proposed permit: Benchmark monitoring for disturbing 10 acres or

more for turbidity, nitrogen and phosphorus; Recording and reporting Corrective actions; Stabilization – 7 days Site inspection –weekly and daily visual inspection

Other Potential Issues ?

The next meeting will be January 19th at 1:30pm, here at the DEQ office

Thank You!