The Environmental Protection Agency (EPA) has embarked on a new and comprehensive regulatory program to control pollutants which enter the "waters of the United States" as a result of storm water runoff. The program will be part of the existing National Pollutant Discharge Elimination System (NPDES) permit program which was established by the Clean Water Act in 1972 to regulate discharges from municipal and industrial sources. Construction activities are included under this new storm water permit program.

The NPDRS program has for the most part been delegated to the individual states to administer. The Federal EPA administers the program for 12 nondelegated states: AR, AK, F1, ID, LA, MA, ME, NH, NM, OY, SD, TX. The other states are free to administer the program as they see fit as long as they meet minimum Federal requirements. As a result, the program will vary from state to state and contractors must become familiar with the specific requirements in the states in which they work.

Generally speaking, all construction activities which disturb five acres or more of land must be covered by a storm water permit. Some states require a permit for construction activities disturbing less than five acres, EPA is under a court order to extend the permit requirements to construction activities disturbing less than five acres. New regulations implementing this requirement have not yet been issued.

The purpose of this manual is to help construction contractors become familiar with storm water permit requirements in the state(s) where they operate.

General Permits

EPA and the states are administering the storm water permit program through the use of a general permit. A general permit can best be described as a "permit by rule." In other words, instead of issuing an individual permit for each specific site, EPA and the states have established generic requirements for sediment and erosion control, storm water management, and other controls.

To be included under a general permit, an applicant submits a Notice of Intent (NOI) indicating an intention to follow the requirements of the general permit. In order to comply with the permit's requirements, a Storm Water Pollution Prevention Plan (SWPPP) must be developed. Requirements will vary from state to state concerning what must be included in the SWPPP and who is responsible for developing the plan. Deadlines for submitting the NOI will also vary.

In most cases, no permit will actually be issued and neither EPA nor the state will approve the SWPPP. Unless contacted by EPA or the state, construction activities can commence after submittal of the NOI by the stipulated deadline. However, some states require SWPPP approval before construction may proceed.

(1) Construction activities in the following states are covered by the EPA general permit: AZ, AK, FL, ID, LA, MA, ME, NH, NM, OV, SD, TX.
(2) Who submits the NOI

In most cases the owner and the contractor will each be required to submit an NOI EPA’s explanation of this issue is that the "operator" of a construction site is required to submit the NOI. The "operator" is defined as the party or parties that 1) have operational control over the site specifications (including the ability to make modifications in specifications); and 2) have day-to-day operational control of those activities at the site necessary to ensure compliance with plan requirements and permit conditions (i.e. are authorized to direct workers at the site to carry out activities identified in the plan). EPA notes that in most circumstances these two control functions will be carried out by separate parties.

EPA points out that the preparation of the SWPPP should be part of the project design phase so that the necessary controls are incorporated into the site design. EPA states that in most competitive bid circumstances the owner will be responsible for developing the SWPPP and submitting an NOI. For these situations, once the contractor is selected, the contractor will also submit an NOI arid become a co-permittee. However, EPA does not require that the owner or designer prepare the SWPPP nor that the owner or designer submit the NOI. Therefore, the contractor may be required by the contract to carry out these functions. Contractors therefore must become familiar with developing a SWPPP.

(3) Deadline for NOI submittal:

The NOI must be submitted 48 hours in advance of the start of construction activities.

(4) Information Required on the NOI (See attached form)

The NOI is essentially an application which contains information about the site including: site location, owner information, operator information, receiving water(s), existing NPDES permit number (if any), an indication of existing quantitative data, a brief description of the project, and a certification that an SWPPP has been developed for the project which meets the general permit requirements and that the plan will be implemented.

(5) Where to submit NOI

NOIs for EPA general permit coverage are to be submitted directly to EPA's central processing center:

Storm Water Notice of Intent
P.O. Box 1215
Newington, VA 22122

(6) Storm Water Pollution Prevention Plan Requirements:

EPA describes the SWPPP as a step-by-step process for ensuring that pollutants are not making their way into the storm water discharges from the construction site. The six major phases identified by EPA are: (A) site evaluation and design development; (B) assessment; (C) control selection and plan design; (D) certification and notification; (E) construction/implementation; and (F) final stabilization/termination.

The SWPPP should be developed by the owner (or the design professional) and the contractor should only be responsible for phases D, E and F. To familiarize the reader with how an SWPPP is developed and with the types of requirements which are likely to be included in SWPPP, the following description is summarized from the EPA guidance publication Storm Water Management for Construction Activities Developing Pollution Prevention Plans and Best Management Practices. A copy of this publication or a summary of this publication can be obtained from the National Technical Information Service by calling 1-800-553-6847 or 1-703-487-4650. The document number is EPA-833-R-92-005. The summary guidance number is EPA 833R-92-001.

A. Site Evaluation and Design Development

The first phrase in preparing the SWPPP for a construction project is to define the characteristics of the site and the type of construction which will be occurring. This includes identifying soil information, runoff water quality and, location of surface waters and receiving waters. Once gathered, this information is used to develop a site plan design which will: disturb the least amount of land, avoid disturbance in sensitive areas, and preserve areas as open space. The site plan should take into consideration the type of construction activities which will occur. All of this information will be used to develop a site map. Information that must be included on the map include: an indication of steepness of slopes after grading, areas where the soil will be disturbed, and water drainage patterns.

B. Assessment

The next phase in the process is to determine the impact the land disturbing activities will have on storm water runoff. To do this the site must be measured to show its total area and to determine the amount of area which will be disturbed. Drainage flows must be identified so that appropriate controls can be developed. Finally an estimate of what portion of the total rainfall will eventually become runoff (the runoff coefficient) must be developed.

C. Control Selection and Plan Design

The following control measures are required by the EPA general permit to be include in the SWTPP:

State Local Requirements

The SWPPP must comply with state and local requirements. Therefore, existing requirements for sediment and erosion site plans, site permits, or storm water management site plans must be incorporated into the overall SWPPP,

Sediment and Erosion Controls

The SWPPP must include a description of the measures to be used for erosion and sediment controls throughout the construction project. These controls include stabilization measures for disturbed areas and structural controls to divert runoff and remove sediment.

Stabilization

Disturbed areas of the construction site that will not be redisturbed for 21 days or more must be stabilized by the 14th day after the last disturbance. Stabilization measures include the following:

• Temporary seeding - Temporary seeding is the planting of fast-growing grasses to hold down the soils in disturbed areas so that they are less apt to be carried offsite by storm water runoff or wind,
• Permanent seeding - Permanent seeding is the use of permanent vegetation (grass, trees, or shrubs) to stabilize the soil by holding soil particles in place,
• Mulching - Mulching is the placement of material such as hay, grass, woodchips, straw, or gravel on the soil surface to cover and hold in place disturbed soils (mulching often accompanies seeding).

Structural control measures

The SWPPP must include structural practices to divert flows away from disturbed areas, to store flows, or to limit the discharge of pollutants from the site.

The following is a list of some of the practices which may be used;

• Earth Dike - An earth dike is a mound of stabilized soil which is constructed to divert runoff. Earth dikes may be used to either divert uncontaminated runoff away from disturbed areas or to divert contaminated runoff into a sediment basin or sediment trap.
• Silt fence - A silt fence is a temporary measure consisting of posts with filter fabric stretched across the posts and sometimes with a wire supporting fence. The fence is installed along the downslope or sideslope perimeter of a disturbed area. Runoff passes through the openings in the fabric, while sediment is trapped on the uphill side.
• Sediment trap - A sediment trap is formed by excavating a pond or by placing an earthen embankment across a low area or drainage swale. It has an outlet or spillway made of large stones or aggregate. The trap retains the runoff long enough to allow the silt to settle alit.
• Sediment basin - A sediment basin is a settling pond with a controlled water release structure, e.g., a riser and pipe outlet with a gravel filter, which slows the release of runoff. The basin detains sediment-laden runoff from larger drainage areas long enough for most of the sediment to settle out.

Where attainable a temporary or permanent sediment basin is to be installed in any drainage location where more than 10 acres in the upstream drainage area are, disturbed at one time. The sediment basin must provide at least 3,600 cubic feet of storage for every acre of land which it drains (flows from upland areas that are undisturbed may be diverted around the basin). For drainage locations with 10 or fewer disturbed acres, sediment traps, filter fences, or equivalent measures must be installed along the downhill boundary of the construction site.

Other Controls

The SWPPP for the project must provide controls to address other potential pollutant sources that may exist on the site. These controls include practices to:

• Ensure proper disposal of construction site waste materials.
• Treat or dispose of sanitary wastes that are generated onsite in accordance with state or local requirements.
• Prevent offsite tracking of sediments and generation of dust. Stabilized construction entrances or vehicle washing racks should be installed at locations where vehicles leave the site. Where dust may be a problem, dust control measures such as irrigation must be implemented,
• Identify and pre-vent contamination of non-storm water discharges. Where non-storm water discharges allowed by the General Permit exist, they must be identified and steps must be taken to prevent contamination of these discharges.

Storm Water Management Controls

The SWFPP must include a description of the measures that will be installed to control pollutants in storm water after construction is completed. These controls may include one or more of the following: retention pond, detention pond, infiltration measures, vegetated swales, and natural depressions.

Indicate the Location of Controls on Site Map

Pollution prevention measures must be shown on a pollution prevention site map, including the location of each measure used for erosion and sediment control, storm water management, and other controls.

Inspection and Maintenance Control Plan

Inspection and maintenance of the protective measures are important requirements of the SVVPPP`. A checklist should be included in the SWPPP detailing the steps that will be taken to inspect and maintain the various control measures which have been incorporated into the job.

Sequence Major Activities

The SWPPP should show the order in which controls will be installed to address earth disturbing activities. The following sequence is recommended:

• Install downslope, and sideslope perimeter controls before the land disturbing activity occurs.

• Do not disturb an area until it is necessary for construction to proceed.

• Cover or stabilize disturbed areas as soon as possible.

• Time construction activities to limit impact from seasonal climate changes or weather events.

• Delay construction of Infiltration measures until the end of the construction project when upstream drainage areas have been stabilized,

• Do not remove temporary perimeter controls until after all upstream areas are finally stabilized.

D. Certification and Notification

Once the SWPPP is prepared it must be certified by the authorized representative of each operator. The certification states that the information in the plan is timely and in compliance with the general permit requirements.

Once the SWPPP is complete and certified, the NOI can be submitted. The contractor should review the SWPPP before certifying it and submitting its own NOL.

E. Construction Implementation

Once the contractor has been selected and construction activities begin, the contractor is responsible for implementing the controls contained in the SWPPP. The controls should be constructed and applied in accordance with state and local specifications. If there are no state or local specifications for control measures, then the controls should be constructed in accordance with good engineering practices. The controls must be constructed in the order indicated in the. sequence of major activities as contained in the SWPPP. Stabilization measures must be applied within the time frame specified in the permit.

Inspection and maintenance requirements in the SWPPP must be implemented as follows:

• Inspection - The EPA General Permit requires inspection every 7 days or within 24 hours of a storm of 0.5 inches or more in depth. All disturbed areas of the site, areas for material storage, locations where vehicles enter or exit the site, and all of the erosion and sediment controls that were identified as part of the plan must be inspected. Controls must be in good operating condition until the area they protect has been completely stabilized and the construction activity is complete. Records of the inspection, including the name of the inspector, date of inspection, and findings should be maintained.
• Maintenance/repairs -The inspector must record any damages or deficiencies in the control measures on an inspection report form provided for this purpose. These reports document the inspection of the pollution prevention measures. These same forms can be used to request maintenance and repair and to prove that inspection and maintenance were performed. The operator should correct damage or deficiencies as soon as practicable after the inspection but in no case later than 7 days after the inspection. Any changes that may be required to correct deficiencies in the SWPPP should also be made as soon as practicable after the inspection but in no case later than 7 days after the inspection.

Maintain Records of Construction Activities

In addition to the inspection and maintenance reports, the operator should keep records of the construction activity on the site. In particular, the operator should keep record of the following information;

• The dates when major grading activities occur in a particular area.
• The dates when construction activities cease in an area, temporarily or permanently.
• The dates when an area is stabilized, temporarily or permanently.

These records can be used to make sure that areas where there is no construction activity will be stabilized within the required time frame.

Update/Change the Plan

For a construction activity to be in full compliance with its NPIDES storm water permit, and for the SWPPP to be effective, the plan must accurately reflect current site features and operations. When it does not, the plan must be changed. The plan must also be changed if the operator observes that it is not effective in minimizing pollutant discharge from the site.

If, at any time during the effective period of the permit, the permitting authority finds that the plan does not meet one or more of the minimum standards established by the General Permit, the permitting authority will notify the permittee of required changes necessary to bring the plan up to standard.

Report Releases of Reportable Quantities

Because construction activities may handle certain hazardous substances over the course of the project, spills of these substances in amounts that equal or exceed Reportable Quantity (RQ) levels are a possibility. EPA has issued regulations that define what reportable quantity levels are for oil and hazardous substances. These regulations are found at 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302. If there is a RQ release during the construction period, then the contractor must take the following steps:

• Notify the National Response Center immediately at (800) 424-8802; in Washington, D.C., call (202) 426-2675.
• Within 14 days, submit a written description of the release to the EPA regional office providing the date and circumstances of the release and the steps to be taken to prevent another release.
• Modify the SWPVP to include the information listed above.

Provide for Plan Location and Access

The General Permit has specific requirements regarding plan location and

• Plan Location - A copy of the SWPPP must be kept at the construction site from the time construction begins until the site is finally stabilized.
• Retention of records - Copies of the SWPPP and all other reports required by the permit, as well as all of the data used to complete the NOI, must be retained for 3 years after the completion of final site stabilization.
• Access - Although plans and associated records are not necessarily required to be submitted to EPA, these documents must be made available upon request by appropriate official.

F. Final Stabilization/Termination

Operators of a construction site must continue to comply with permit conditions until: (1) they no longer meet the definition of an operator of a construction site; or (2) the construction activity is complete, all disturbed soils have been finally stabilized, and temporary erosion and sediment controls have been or will be removed. A permittee should submit a Notice of Termination (NOT) to inform EPA that he/she is no longer an operator of a construction activity.

Final Stabilization - Final stabilization is defined by the EPA General Permit as meaning that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas not covered by permanent structures has been established or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.

Notice of Termination - The NOT is a one-page form which should be completed and submitted to EPA when a site has been finally stabilized or when an operator of a construction activity changes. Information to be included on the NOT includes the location of the construction site; the name, address, and telephone number of the operator terminating coverage; the NPDES general permit number; an indication of why coverage under the permit should be terminated for the operator; and a signed certification statement.

Note that when there is a change in operators of a construction activity, then the new operator must submit an NOI to be covered by the permit at least 2 days before the change in operator.

When a contractor completes its portion of the project a NOT form should be submitted.

NOT's should be mailed to:

Storm Water Notice of Termination
P.O. Box 1185
Newington, VA 22122

Record Retention

Following the termination of construction activities, the permittees must keep a copy of the SWPPP and records of all the data used to complete the Notice of Intent for 3 years following final stabilization. The record retention period may be extended by EPA’s request.