Appendix I-National Pollutant Discharge Elimination System General Permit-04-01-21.pdf

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Table of Contents

PART I: Coverage Under This General Permit

A. Permit Coverage

B. Eligibility

C. Exempt Discharges

D. Prohibited Discharges……………………………………………………………………………………………………………………….2

PART II: Notice of Intent (NOI) Requirements

A. Deadlines for Notices of Intent

B. Continuation of the Expired General Permit

C. Contents of the Notice of Intent (NOI)

D. Submittal of Documents

E. Additional Permittees (Co-Permittee) Under a Single NOI

F. Authorization to Discharge

PART III: Stormwater Pollution Prevention Requirements

A. Erosion Controls and Sediment Controls

B. Provide Natural Riparian Buffers or Equivalent Sediment Controls

C. Soil Stabilization

D. Pollution Prevention Measures

E. Construction Best Management Practices Plan (CBMPP)

F. Spill Prevention, Control, and Management

G. Training

H. Inspection Requirements

I. Corrective Action

J. Suspension of Monitoring

K. Precipitation Measurement

L. Impaired Waters and Total Maximum Daily Load (TMDL) Waters

PART IV: Standard and General Permit Conditions

A. Duty to Comply

B. Duty to Reapply

C. Need to Halt or Reduce Activity Not a Defense

D. Duty to Mitigate

E. Proper Operation and Maintenance

F. Permit Modification, Revocation and Reissuance, Suspension, and Termination

G. Property Rights

H. Duty to Provide Information

I. Inspection and Entry

J. Noncompliance Notification

K. Retention of Records ii

L. Signatory Requirements

M. Transfers

N. Bypass

O. Upset

P. Severability

Q. Issuance of an Individual Permit

R. Request for Individual Permit by General Permit Holder

S. Termination of Coverage

T. Facility Identification

U. Schedule of Compliance

V. Discharge of Wastewater Generated by Others

W. Compliance with Water Quality Standards and Other Provisions

X. Civil and Criminal Liability

Y. Oil and Hazardous Substance Liability

Z. Availability of Reports

AA. Coastal Zone Management for Baldwin and Mobile Counties

BB. Removed Substances

CC. Compliance with Statutes and Rules

PART V: Definitions

PART I: Coverage Under This General Permit

A. Permit Coverage

This permit authorizes, subject to the conditions of this permit, discharges associated with construction activity that will result in land disturbance equal to or greater than one (1) acre or from construction activities involving less than one (1) acre and which are part of a common plan of development or sale equal to or greater than one (1) acre occurring on or before, and continuing after the effective date of this permit, except for discharges identified under Part I.C. of the permit.

B. Eligibility

1. Allowable Stormwater Discharges

This permit authorizes the following stormwater discharges:

(a) Stormwater associated with construction activities defined in Part I.A. of this permit;

(b) The following stormwater discharges have been determined by the Director to require coverage under this permit:

(i) Sites, irrespective of size, whose stormwater discharges have a reasonable potential to be a significant contributor of pollutants to a water of the State, as determined by the Department;

(ii) Sites, irrespective of size, whose stormwater discharges have a reasonable potential to cause or contribute to a violation of an applicable Alabama water quality standard as determined by the Department.

(c) Discharges from construction support activities provided:

(i) The support activity is solely related to the construction site covered under this permit;

(ii) The support activity is not an operation serving multiple unrelated construction projects and does not operate beyond the completion of the construction activity at the construction project it supports;

(iii) The support activity is located in close proximity (two-mile radius) to the construction site covered under this permit, or as otherwise approved by the Department;

(iv) Stormwater controls are implemented in accordance with Part III for discharges from the support activity area;

and

(v) Pollutant discharges from support activity areas are minimized to the maximum extent practicable and do not pose a reasonable potential to exceed applicable water quality standards.

2. Allowable Non-Stormwater Discharges

This permit authorizes the following non-stormwater discharges provided the non-stormwater component of the discharge is in compliance with Part III.D.:

(a) Discharges from fire-fighting activities;

(b) Fire hydrant flushings;

(c) Water used to wash vehicles and equipment where detergents are not used;

(d) Water used to control dust;

(e) Potable water including uncontaminated water line flushings not associated with hydrostatic testing;

(f) Routine external building wash down associated with construction that does not use detergents;

(g) Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used. The operator is prohibited from directing pavement wash waters directly into any surface water, storm drain inlet, or stormwater conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control;

(h) Uncontaminated air conditioning or compressor condensate associated with temporary office trailers and other similar buildings;

(i) Uncontaminated, non-turbid discharges of ground water or spring water;

(j) Foundation or footing drains where flows are not contaminated with process materials such as solvents; and

(k) Landscape irrigation.

C. Exempt Discharges

1. Coverage under this permit is not required for the following:

(a) Animal feeding operation (AFO) or concentrated animal feeding operation (CAFO) construction activity that has been granted NPDES registration coverage pursuant to Chapter 335-6-7;

(b) Normal agricultural; and

(c) Silvicultural activities.

2. Coverage under this permit is not required for discharges associated with minor land disturbing activities such as the following:

(a) Home gardens or individual home landscaping;

(b) Home repairs and/or maintenance;

(c) Fence installation or maintenance;

(d) Directional boring, hand hole digging; and

(e) Guardrail, shoulder, and minor improvements associated with roadway pavement resurfacing.

D. Prohibited Discharges

The following discharges associated with construction are not authorized by this permit:

1. Stormwater discharges that are mixed with sources of non-stormwater unless such stormwater discharges are:

(a) In compliance with a separate NPDES permit, or

(b) Determined by the Department not to be a contributor of pollutants to waters of the State.

2. Stormwater discharges currently covered under another NPDES permit;

3. Discharges from coal/metallic mining, dry processing, wet processing, and areas associated with these activities;

4. Wastewater from washout of concrete, unless managed by an appropriate control (Wastewater from Concrete Batch Plants are prohibited unless such discharges are authorized by and in compliance with a separate NPDES permit);

5. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;

6. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

7. Soaps or solvents used in vehicle and equipment washing;

8. Discharges from dewatering activities, including discharges of ground water or accumulated stormwater from dewatering of trenches, excavations, foundations, vaults, or other similar points of accumulation, unless managed by appropriate controls;

9. Discharges to surface waters from sediment basins or impoundments, unless an outlet structure that withdraws water from the surface, unless infeasible, is utilized;

10. Discharges where the turbidity of such discharge will cause or contribute to a substantial visible contrast with the natural appearance of the receiving water;

11. Discharges where the turbidity of such discharge will cause or contribute to an increase in the turbidity of the receiving water by more than 50 NTUs above background. For the purposes of determining compliance with this limitation, background will be interpreted as the natural condition of the receiving water without the influence of man-made or man-induced causes. Turbidity levels caused by natural runoff will be included in establishing background levels;

12. Discharges of any pollutant into any water for which a total maximum daily load (TMDL) has been finalized or approved by EPA unless the discharge is consistent with the TMDL;

13. Discharges to waters listed on the most recently approved 303(d) list of impaired streams unless the discharge will not cause or contribute to the listed impairment; and

14. Toxic or hazardous substances from a spill or release.

PART II: Notice of Intent (NOI) Requirements

A. Deadlines for Notices of Intent

Any person wishing to obtain coverage under this general permit shall submit an NOI in accordance with the following schedule:

1. Any person wishing to be permitted to discharge under this general permit shall submit a complete NOI and appropriate fee prior to the initiation of construction activity;

2. Any Permittee authorized to discharge under the 2016 NPDES Construction General Permit, who wishes to continue to discharge upon the expiration of that permit, shall submit a complete NOI to be covered by this reissued General Permit.

Such NOI shall be submitted at least 30 days prior to the expiration date of the 2021 NPDES Construction General Permit;

and

3. Failure of the Permittee to submit a complete NOI for reauthorization under this permit at least 30 days prior to the previous permit’s expiration will void the automatic continuation of the authorization to discharge under that permit as provided by ADEM Admin. Code r. 335-6-6-.06. Should the permit not be reissued for any reason prior to its expiration date, Permittees who failed to meet the 30-day submittal deadline will be illegally discharging without a permit after the expiration date of the 2016 NPDES Construction General Permit.

B. Continuation of the Expired General Permit

If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the ADEM Administrative Code Chapter 335-6-6 and remain in force and in effect if the Permittee submits an updated and complete NOI meeting the requirements of Part II.C. at least 30 days prior to the expiration of this permit. Any Permittee who was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earlier of:

1. Reissuance or replacement of this permit, at which time the Permittee must comply with the Notice of Intent conditions of the new permit to maintain authorization to discharge; or

2. Issuance of an individual permit; or

3. A formal permit decision by the Department not to reissue this general permit, at which time the Permittee must seek coverage under an alternative general permit or an individual permit.

C. Contents of the Notice of Intent (NOI)

1. The NOI shall include:

(a) The correct fee pursuant to ADEM Admin. Code R. 335-1, Fee Schedule D;

(b) A general description of the construction activity for which coverage is desired, which shall be in sufficient detail to allow the Department to determine that the stormwater and non-stormwater discharges are included in the authorized discharges category of this general permit;

(c) The latitude and longitude, to the nearest second, for the entrance to the construction site, each outfall for which coverage under this general permit is desired. For the purposes of this requirement the entrance to the construction site will be identified as the primary point of access by normal vehicle traffic. For linear projects, the latitude and longitude, to the nearest second, should be provided for the starting and ending point of the project boundaries;

(d) Identification of the waterbodies receiving discharges for which coverage under this general permit is desired;

(e) A portion or copy of a recent map or series of maps (e.g., USGS quadrangle map or LIDAR contour map) at an appropriate contour interval, including perennial, intermittent, and ephemeral streams/lakes/springs/wetlands. Several maps/pages may be necessary depending on the size and scope of the project;

(f) The map(s) at a minimum must include the following, which should be clearly identified (please include a key for symbols and a scale) on the map(s):

(i) Site/project boundaries;

(ii) Proposed permit boundaries;

(iii) Property boundaries (non-linear project only);

(iv) Area(s) of disturbance;

(v) One (1) mile radius;

(vi) Entrance(s)/Exit(s);

(vii) Outfall(s);

(viii) Receiving stream(s); and

(ix) Begin and End Project Locations (Linear project only).

(g) A current plat map for subdivisions and/or common plans of development or sale;

(h) A facility contact person, address, and phone number for the site to be covered under the general permit.

(i) For priority construction sites, the NOI must be accompanied by a copy of the CBMPP prepared and certified by a Qualified Credentialed Professional (QCP) as required by Part III.E.

(j) The number of estimated disturbed acres and total site acreage.

(k) The estimated start and completion dates of project.

(l) Provide a list of all treatment chemicals anticipated to be used at the site, including the most recent published Safety Data Sheets (SDS) and the dosage(s) to be used and the location(s) where these materials will be applied. If this information is not known at the time of the NOI submittal, the information shall be submitted to the Department through an information update as timely as possible and update the CBMPP as required by Part III.E.5.

2. The NOI shall be signed by a person meeting the requirements for signatories under ADEM Admin. Code r. 335-6-6-.09, and the person signing the NOI shall make the certification required for submission of documents under ADEM Admin Code r. 335-6-6-.09(4).

3. The NOI shall be signed by a QCP and shall have the following certification statement: “I certify under penalty of law that a comprehensive Construction Best Management Practices Plan (CBMPP) for the prevention and minimization of all sources of pollution in stormwater and authorized related process wastewater runoff has been prepared under my supervision for this site/activity, and associated regulated areas/activities. The CBMPP meets the requirements of this permit and if properly implemented and maintained by the operator, discharges of pollutants in stormwater runoff can reasonably be expected to be effectively minimized to the maximum extent practicable according to the requirements of ADEM Administrative Code r. 335-6-6-.23 and this Permit. The CBMPP describes the erosion and sediment control measures that must be fully implemented and regularly maintained as needed at the permitted site in accordance with sound sediment and erosion control practices to ensure the protection of water quality.”

D. Submittal of Documents

The Permittee must complete and submit the NOI electronically, using the Department’s Alabama Environmental Permitting and Compliance System (AEPACS), unless the Permittee submits in writing valid justification as to why the electronic submittal process cannot be utilized and the Department approves in writing the utilization of hard copy submittals. The AEPACS can be accessed at the following link: http://adem.alabama.gov/AEPACS. Permit requests for initial issuance and modifications of the existing permit should all be submitted through the AEPACS system.

E. Additional Permittees (Co-Permittee) Under a Single NOI

Multiple operators conducting regulated land disturbances in a common plan of development may jointly submit an NOI. An NOI covering multiple operators must include a site plan clearly describing each operator’s areas of operational control.

F. Authorization to Discharge

1. Except as otherwise limited by Part II.F.2 or II.F.3, the operator is authorized to discharge in accordance with the requirements of this permit upon the Department’s receipt of a complete and timely NOI which meets the requirements of this permit and ADEM Admin. Code r. 335-6-6-.23.

2. Coverage under this permit is conditionally granted, and the requirement to submit an NOI is suspended for governmental agencies and utilities for construction activity associated with immediate and effective emergency repairs and response to natural disasters, human health or environmental emergencies, or to avert/avoid imminent, probable, or irreparable harm to the environment or severe property damage. The operator or controlling/participating federal, State, or local government agencies/entities conducting emergency construction activity shall document the emergency condition, ensure compliance with the requirements of this permit to the extent possible, and shall notify the Department as promptly as possible regarding the occurrence of the emergency construction disturbance and measures that have been implemented and are being implemented to protect water quality. Unless the requirement to obtain a permit pursuant to the requirements of this permit are suspended or voided by the Director on a categorical or individual emergency basis, the operator shall submit the appropriate project information, NOI, and the required application fee for construction or reconstruction activity after emergency repairs have been accomplished, according to a schedule acceptable to the Department.

3. For priority construction sites, the operator is authorized to discharge thirty (30) days from the Department’s receipt of a complete and technically adequate NOI and CBMPP meeting the requirements of Parts II.C. and III.E, unless, within thirty

(30) days from the Department’s receipt of the NOI, the Department notifies the operator that additional time is needed to review the NOI and CBMPP. Where the operator receives such notification from the Department, that operator may not discharge until the Department formally acknowledges receipt of a complete and technically adequate NOI and CBMPP.

PART III: Stormwater Pollution Prevention Requirements

The stormwater control requirements in this Part are the technology-based, non-numeric effluent limitations and conditions that apply to all discharges from construction projects eligible for coverage under this permit. These requirements apply the national effluent limitations guidelines and new source performance standards found at 40 CFR Part 450.

Where the requirements in this Part are stricter than any corresponding federal, State, or local requirements, the requirements in this permit take precedence.

A. Erosion Controls and Sediment Controls

The Permittee shall design, install, and maintain effective stormwater controls, erosion controls, and sediment controls appropriate for site conditions. To meet this requirement, the following factors shall be accounted for in designing controls:

1. The nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features;

2. Control stormwater volume and velocity within the site to minimize soil erosion;

3. Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of points of discharge;

4. The soil series and range of soil particle sizes expected to be present on the site;

5. Complete installation of stormwater controls by the time each phase of construction activities has begun;

(a) By the time construction activity in any given portion of the site begins, install and make operational any downgradient sediment controls (e.g., buffers, perimeter controls, storm drain inlet protection, etc.) that control discharges from the initial site clearing, grading, excavating, and other earth-disturbing activities; and

(b) Following the installation of these initial controls, install and make operational all stormwater controls needed to control discharges prior to subsequent earth-disturbing activities.

(c) The requirement to install stormwater controls prior to each phase of construction activities for the site does not apply to the earth disturbance associated with the actual installation of these controls. Operators should take all reasonable actions to minimize the discharges of pollutants during the installation of stormwater controls.

6. Ensure that all stormwater controls are properly implemented, maintained, and remain in effective operating condition during permit coverage and are protected from activities that would reduce their effectiveness;

7. Minimize the amount of soil exposed and the duration of exposure during construction activity through the use of project phasing, sequence of construction, or other appropriate techniques;

8. Provide and maintain a 25-foot natural riparian buffer around surface waters as discussed in detail in Part III.B.;

9. Implement measures or requirements to achieve the pollutant reductions consistent with a TMDL finalized or approved by EPA. Applicable TMDLs are located and/or can be accessed at the following link:

http://adem.alabama.gov/programs/water/approvedTMDLs.htm

10. Minimize the disturbance of steep slopes;

11. Minimize sediment discharges from the site;

12. Minimize the generation of dust through the appropriate application of water or other dust suppression techniques;

13. Minimize all stream crossings;

14. Minimize sediment track-out:

(a) Use appropriate stabilization techniques at all construction entrances and exits onto paved roads;

(b) Restrict vehicle use to properly designated entrances and exits;

(c) Implement and maintain additional track-out controls as necessary to ensure that sediment removal occurs prior to vehicle exit; and

(d) Sediment that has been tracked-out from site onto paved roads, sidewalks, or other paved areas outside of site boundaries should be removed by the end of the same business day and/or normal operating hours. Removal shall be by sweeping, shoveling, or vacuuming the surfaces. Removal by hosing or sweeping tracked out sediment into any stormwater conveyance, storm drain inlet, or water of the State is prohibited.

15. Protect storm drain inlets, where applicable:

(a) Install storm drain inlet protection measures that remove coarse sediment particles from discharges prior to entry into any storm drain inlet that routes stormwater flow from the site and/or to a water of the State to further prevent sediment discharges; and

(b) Clean, remove, and replace protection measures as sediment accumulates as often as is necessary to ensure full effectiveness of protection measures and/or that performance is not compromised.

16. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible;

17. Minimize soil compaction.

18. Preserve and protect topsoil for use in vegetation establishment;

19. Manage stockpiles or land clearing debris composed, in whole or in part, of sediment and/or soil:

(a) Locate the stockpiles outside of any natural buffers established under Part III.B., and away from any stormwater conveyances, storm drain inlets, and areas where stormwater flow is concentrated;

(b) Install a sediment barrier along all downgradient areas;

(c) Stockpiles that will not be used for 13 days or more, provide cover or appropriate temporary stabilization;

20. Sediment basin, impoundments, or detention/retention basins used as a sediment basin during construction shall be installed and stabilized prior to commencement of other construction activities:

(a) Locate the basin or impoundment outside of any water of the State;

(b) Design basin or impoundment to provide appropriate storage for 3,600 cubic feet per acre drained;

(c) Utilize outlet structures that withdraw water from the surface of the sediment basin or impoundment;

(d) Use erosion controls and velocity dissipation devices to prevent erosion at inlets and outlets; and

(e) Remove accumulated sediment to maintain at least one-half of the design capacity and conduct all other appropriate maintenance to ensure basin or impoundment remains in effective operating condition.

21. Treatment chemicals (e.g. polymers, flocculants, coagulants):

(a) Use conventional erosion and sediment controls before and after the application of treatment chemicals. Treatment chemicals may only be applied where treated stormwater is directed to a sediment control practice (e.g., sediment basin, perimeter control) that allows for on-site particle settlement before final discharge;

(b) Select appropriate treatment chemicals. Chemicals must be appropriately suited to the soil likely to be exposed during construction and present in the discharges being treated (i.e., the expected turbidity, pH, and flow rate of the stormwater flowing into the chemical treatment system or area);

(c) Ensure proper chemical storage of all treatment chemicals, such as in leak-proof containers, spill proof pallets, covered storage, or in secondary containment designed and maintained to minimize the potential discharge of treatment chemicals in stormwater or by any other means; and

(d) Use chemicals in accordance with good engineering practices and specification of the chemical provider/supplier. Use treatment chemicals and chemical treatment systems in accordance with dosing specifications and sediment removal design specification provided by the provider/supplier of the applicable chemicals.

22. Additional Design Requirements

(a) Sediment control measures, erosion control measures, and other site management practices must be properly selected based on site-specific conditions and must meet or exceed the technical guidance outlined in the Alabama Handbook and the site-specific CBMPP prepared in accordance with Part III.E;

(b) Unless specified otherwise by the Alabama Handbook, sediment control measures, erosion control measures, and other site management practices shall be designed and maintained to minimize erosion and maximize sediment removal resulting from a 2-year, 24-hour storm event.; and

(c) The Permittee is encouraged to design the site, the erosion prevention measures, sediment control measures, and other site management practices with consideration of minimizing stormwater runoff, both during and following construction, including facilitating the use of low-impact development (LID) and green infrastructure. The Alabama Low Impact Development Handbook for the State of Alabama (LID Handbook) can be found at the following link:

http://adem.alabama.gov/programs/water/waterforms/LIDHandbook.pdf

B. Provide Natural Riparian Buffers or Equivalent Sediment Controls

Natural riparian buffer requirements apply to all waters of the State adjacent to construction sites or contained within their overall project boundary. A 25-foot natural riparian buffer zone adjacent to all waters of the State at the construction site shall be preserved, to the maximum extent practicable, during construction activities at the site. The natural riparian buffer should be preserved between the top of stream bank and the disturbed construction area. The water quality buffer zone aids in the protection of waters of the State (e.g., perennial and intermittent streams, rivers, lakes, wetlands) located within or immediately adjacent to the boundaries of the project. Natural riparian buffers are not primary sediment control measures and should not be relied on as such. The natural riparian buffer requirement applies to new construction sites, or new additional acreage not previously covered by the initial permit.

1. Compliance Alternatives

(a) Provide and maintain a 25-foot undisturbed natural riparian buffer;

(i) If land disturbances are located 25 feet or farther from surface water, then compliance with this alternative has been achieved.

(ii) Rehabilitation and enhancement of a natural riparian buffer is allowed, if necessary, for improvement for its effectiveness of protection of the waters of the State.

(iii) Any preexisting structures (e.g., buildings, parking lots, roadways, utility lines, structures, impervious surfaces) are allowed in the natural riparian buffer; provided the Permittee retains and protects from disturbance any additional natural buffer area contained within the natural riparian buffer but outside the preexisting structures footprint.

(b) Provide and maintain an undisturbed natural riparian buffer that is less than 25 feet and is supplemented by additional erosion and sediment controls, which in combination achieves the sediment load reduction equivalent to a 25-foot undisturbed natural riparian buffer;

(c) If it is infeasible to provide and maintain an undisturbed natural riparian buffer of any size, the Permittee must implement erosion and sediment controls that achieve the sediment load reduction equivalent to a 25-foot undisturbed natural riparian buffer;

(d) All discharges from the area of earth disturbance to the natural riparian buffer must first be treated by erosion and sediment control on the site. Velocity dissipation devices should be used if necessary to prevent erosion caused by stormwater within the natural riparian buffer;

(e) All compliance alternatives must be documented in the CBMPP and comply with all requirements. The natural riparian buffer boundary should be indicated on the site plan;

(f) Compliance alternatives must be maintained throughout the duration of permit coverage; and

(g) All natural riparian buffer areas should be delineated and clearly marked off with flags, tape, or similar marking device.

2. If there is no discharge of stormwater to waters of the State through the areas between the construction site and any waters of the State located within 25 feet of the construction site, compliance with this requirement is achieved;

3. Where no natural riparian buffer exists due to preexisting development disturbances (e.g., buildings, parking lots, roadways, utility lines, structures, impervious surfaces) that occurred prior to the initiation of planning for the current development of the site, the Permittee is not required to comply with the requirements in this section, unless portions of the preexisting development will be removed;

4. Where some natural riparian buffer exists but portions of the area within 25 feet of the waters of the State are occupied by preexisting development disturbances (e.g., buildings, parking lots, roadways, utility lines, structures, and impervious surfaces), the Permittee is required to comply with the requirements in this section. Only the portion of the buffer zone that contains the footprint of the existing “structure” is exempt from the natural riparian buffer. Activities necessary to maintain uses are allowed provided that no additional vegetation is removed from the natural riparian buffer;

5. For “linear construction projects” the Permittee is not required to comply with the requirements in this section if site constraints (e.g., limited right-of-way) prevent the Permittee from meeting any of the compliance alternatives provided that, to the extent practicable, disturbances within 25 feet of the water of the State are limited and/or supplemental erosion and sediment controls to treat stormwater discharges from earth disturbances within 25 feet of the waters of the State are provided. It must be documented in the CBMPP as to why compliance with this section is infeasible and describe any buffer width retained and/or supplemental erosion and sediment controls installed; and

6. The following disturbances within 25 feet of a water of the State are exempt from the requirements in this Part:

(a) Construction approved under a CWA Section 404 permit; or

(b) Construction of a water-dependent structure or water access area (e.g., pier, boat ramp, seawall, bridge, drainage structure, trail, etc.)

C. Soil Stabilization

The Permittee should minimize, as feasible, the area disturbed to maintain the natural soil cover for stability. The Permittee must stabilize the exposed bare soil portions of the site:

1. Implement and maintain stabilization measures (e.g., seeding protected by erosion controls until vegetation is established, sodding, mulching, erosion control blankets, hydromulch, gravel) that minimize erosion from exposed portions of the site.

2. Temporary stabilization of disturbed areas must be initiated immediately whenever work toward project completion and final stabilization of any portion of the site has temporarily ceased on any portion of the site and will not resume for a period exceeding thirteen (13) calendar days.

3. Final stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any portion of the site.

4. The requirement to initiate stabilization immediately is triggered as soon as you know that construction work on a portion of the site is temporarily ceased and will not resume for more than thirteen (13) calendar days, or as soon as you know that construction work has permanently ceased. In the context of this provision, “immediately” means as soon as practicable, but no later than the end of the next business day, following the day when the construction activities have temporarily or permanently ceased.

5. Both temporary and permanent vegetation shall be completed as provided by the guidance in the Alabama Handbook.

D. Pollution Prevention Measures

The Permittee must design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:

1. Provide an effective means of minimizing the discharge of pollutants from equipment and vehicle washing, wheel wash water, concrete washout, washing applicators and/or containers used for stucco, paint, concrete, or other compounds/materials and other wash waters;

(a) Wash waters must be treated in a sediment basin or alternative control (e.g., sediment trap, filtration device, filter bags, or similar effective controls) that provides equivalent or better treatment prior to discharge;

(b) Liquid waste shall not be directly discharged into storm sewers;

(c) Washout and cleanout activities should be located as far away as possible from surface waters, natural buffer areas, stormwater inlets, and conveyances; and

(d) For storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic sheeting or temporary roofs) to minimize exposure of these detergents to precipitation and to stormwater or (2) a similarly effective means designed to minimize the discharge of pollutants from these areas.

2. Provide an effective means of minimizing the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater;

(a) Provide either (1) cover (e.g., plastic sheeting or temporary roofs) to minimize exposure of these detergents to precipitation and to stormwater or (2) a similarly effective means designed to minimize the discharge of pollutants from these areas;

(b) Provide waste containers (e.g., dumpster, trash receptacle) of sufficient size and number to contain construction wastes;

(c) Locate waste containers as far away as possible from waters of the State and stormwater inlets or conveyances so that stormwater coming into contact with these activities cannot reach water of the State;

(d) For sanitary waste, position portable toilets so that they are on level ground and are located as far away as possible from waters of the State and stormwater inlets or conveyances; and

(e) Comply with all application and disposal requirements included on the fertilizer, pesticide, herbicide, or detergent label.

3. Provide an effective means of minimizing the discharge of pollutants caused by spills and leaks from, including but not limited to, vehicles, mechanical equipment, chemical storage, and refueling activities;

(a) Locating activities away from waters of the State and stormwater inlets or conveyances so that stormwater coming into contact with these activities cannot reach water of the State;

(b) Providing secondary containment and cover where appropriate;

(c) Ensure adequate supplies are available at all times to handle spills, leaks, and disposal of used liquids. Have a spill kit available on site and ensure personnel are available and trained to respond expeditiously in the event of a leak or spill;

and

(d) Clean up spills or contaminated surfaces immediately (do not clean contaminated surfaces by hosing the area down) and eliminate the source of the spill to prevent a discharge or a continuation of an ongoing discharge.

4. Apply treatment chemicals at the site only where treated stormwater is directed to a sediment control (e.g., sediment basin, perimeter control) that allows for on-site particle settlement before final discharge.

E. Construction Best Management Practices Plan (CBMPP)

1. Except as provided by Part II.F.2, construction activity may not commence until a CBMPP has been prepared in a format acceptable to the Department and certified by a QCP as adequate to meet the requirements of this permit;

2. The NOI and CBMPP must be prepared in accordance with the requirements of this permit by the QCP prior to commencing construction at a new construction site or prior to continued construction at an existing construction site, or as otherwise required by the Director;

3. The Permittee shall properly implement and regularly maintain the controls, practices, devices, and measures specified in the CBMPP;

4. The CBMPP shall include:

(a) A general description of the construction site activity, including:

(i) The function of the construction site activity (e.g. residential subdivision, shopping mall, highway, etc.); and

(ii) Identification of all known operators of the construction site and the areas of the site over which each operator has control.

(b) A description of the intended sequence of major activities which disturb soils, including but not limited to, grubbing, excavation, and/or grading. The sequence shall be accomplished in a manner which minimizes the area disturbed at any one time and minimizes the duration that the areas are disturbed;

(c) Estimates of the total area expected to be disturbed by grubbing, excavation, and/or grading, including offsite borrow and fill areas (if areas are to be included in permit coverage);

(d) A detailed description (including but not limited to site specific dimensions, storage capacity, and drainage calculations are required for engineered BMPs) of the erosion controls, sediment controls, and management practices to be implemented at the site during each sequence of activity in accordance with Part III.A;

(e) A clear outline and identification of the 25-foot natural riparian buffer for all sites that discharge directly to waters of the State and where a water of the State lies within the boundaries of the project;

(f) A detailed description of controls needed to meet State water quality standards, waste load allocations, or other measures necessary for consistency with applicable TMDLs finalized or approved by EPA;

(i) Provide a calculation based on the control measures to be implemented for the pollutant of concern to confirm the controls as designed in the CBMPP meet the required percent reduction for the applicable TMDL;

(ii) Reduction capabilities shall assume the control measures have been appropriately installed and maintained. See Part III.L.2.

(g) A detailed description of BMPs needed to prevent or eliminate discharges of sediment and other pollutants of concern from priority construction sites;

(h) A description of temporary and permanent stabilization practices, including a schedule and/or sequence for implementation;

(i) A description of energy or flow velocity dissipation devices at discharge locations and along the length of any outfall channel;

(j) Identification of all allowable sources of non-stormwater discharges listed in Part I.B.2, except for flows from firefighting activities that are or may be combined with stormwater discharges associated with construction activity at the site;

(k) A description of the pollution prevention measures used to manage non-stormwater discharges;

(l) A description of the best management practices to be installed during site construction and operated and maintained following final stabilization at sites where the post-construction volumes or velocities of stormwater runoff are significantly different from conditions existing prior to the construction activity;

(m) A listing of all treatment chemicals to be used at the site, including Safety Data Sheets (SDS), the dosage(s) to be used and the location(s) where these materials will be used;

(n) The most recent site topographic map (e.g. USGS quadrangle map or LIDAR contour map) at an appropriate contour interval, clearly showing:

(i) Sufficient detail to identify the location of the construction site;

(ii) Existing topography and drainage patterns and features, existing structures proposed roads, utilities, rights-of-way (ROWs), and waterbodies;

(iii) Drainage patterns and approximate slopes anticipated after major grading activities;

(iv) The external and internal (if subdivided) property boundaries of the project;

(v) Areas to be disturbed by excavation, grading, or other activities;

(vi) Identification of sediment control measures, erosion control measures, planned stabilization measures, and other site management practices;

(vii) Locations of all waters of the State within a one (1) mile radius of the site;

(viii) Locations of wetlands and riparian zones; and

(ix) Locations of all outfalls.

(o) A description of procedures for:

(i) Sweeping or removal and proper disposal or utilization of sediment and other debris that has been tracked from the site or deposited from the site onto streets and other paved surfaces;

(ii) Removal and proper disposal or utilization of sediment or other pollutants that have accumulated in or near any sediment control measures, stormwater conveyance channels, storm drain inlets, or water course conveyance within or immediately outside of the construction site; and

(iii) Removal and proper disposal or utilization of accumulated sediment that has been trapped by sediment control measures at the site, in accordance with applicable maintenance requirements covered under this permit;

(p) A description of the procedures for handling and disposing of wastes generated at the site, including, but not limited to, clearing and demolition debris, sediment removed from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.

5. Maintain an Updated CBMPP

(a) The CBMPP shall be updated as necessary to address changes in the construction activity, site weather patterns, new TMDLs finalized or approved by EPA, new 303(d) listings approved by EPA, or manufacturer specifications for specific control technologies;

(b) The CBMPP shall be amended if inspections or investigations by site staff or by local, state, or federal officials determine that the existing sediment control measures, erosion control measures, or other site management practices are ineffective or do not meet the requirements of this permit. All necessary modifications to the CBMPP shall be made within seven (7) calendar days following notification of the inspection unless granted an extension of time by the Department;

(c) If existing sediment control measures, erosion control measures, or other site management practices prove ineffective in protecting water quality or need to be modified; or if additional sediment control measures, erosion control measures, or other site management practices are necessary to meet the requirements of this permit, implementation shall be completed as soon as possible, but not to exceed five (5) days of the observation or site inspection unless prevented by unsafe weather conditions. If unsafe weather conditions are present, they should be documented. If implementation before the next storm event is impracticable, then new land disturbance activities must cease until the modified or additional controls can be implemented; and

(d) A copy of the CBMPP shall be maintained at the site during normal operating hours as defined by Part V of this permit when regulated land disturbing activities are occurring.

F. Spill Prevention, Control, and Management

1. The Permittee shall prepare, implement, and maintain a Spill Prevention, Control and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 and ADEM Admin Code r.335-6-6-.12(r) for all applicable onsite petroleum storage tanks;

2. The Permittee shall prepare, implement, and maintain a SPCC Plan in accordance with ADEM Admin Code r.335-6-6-.12(r) for any stored pollutant(s) that may, if spilled, be reasonably expected to enter a water of the state or the collection system for a publicly or privately owned treatment works;

(a) The SPCC Plan(s) shall be maintained as a separate document or as part of the CBMPP Plan required in Part III.E.

above;

(b) The Permittee shall implement appropriate structural and/or non-structural spill prevention, control, and/or management sufficient to prevent any spills of pollutants from entering a water of the State or a publicly or privately owned treatment works. The plan(s) must be consistent with the requirements of 40 CFR Part 112 and/or ADEM Admin Code r.335-6-6-.12(r). Any containment system used to implement this requirement shall be constructed of materials compatible with the substance(s) contained and of materials which shall prevent the contamination of groundwater and shall be capable of retaining 110 percent of the volume of the largest container of pollutants for which the containment system is provided;

(c) The Permittee shall maintain onsite or have readily available sufficient oil & grease absorbing material and flotation booms to contain and clean-up fuel or chemical spills and leaks; and

(d) Soil contaminated by paint or chemical spills, oil spills, etc. must be immediately cleaned up, remediated, or be removed and disposed of in a Department approved manner.

3. Discharges of toxic or hazardous substances from a spill to other release or prohibited, consistent with Part I.D.

(a) Where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR 110, 40 CFR 117, or 40 CFR 302 occurs during a 24-hour period, the National Response Center (NRC) must be notified at (800) 424-8802, in accordance with the requirements of 40 CFR 110, 40 CFR 117, or 40 CFR 302 as soon as the Permittee has knowledge of the release; and

(b) Within five (5) calendar days of knowledge of the release, the Permittee must provide a description of the release, the circumstances leading to the release, and the date of the release.

G. Training

Unless the Permittee has employed or contracted with a QCP that performs duties as required by this permit, and the QCP is readily available and able to be present onsite as often as is necessary to ensure full compliance with the requirements of this permit, the Permittee shall ensure that:

1. At least one onsite employee shall be certified as a Qualified Credentialed Inspector (QCI) by completing an initial training and annual refresher training course through an ADEM-approved Qualified Credentialed Inspector Program (QCIP) conducted by a cooperating training entity;

2. The QCIP must be approved by the Department prior to use and provide training in the following areas:

(a) The applicable requirements of the Alabama NPDES rules;

(b) The requirements of this permit;

(c) The evaluation of construction sites to ensure that erosion controls and sediment controls designed and certified by a QCP detailed in a site-specific CBMPP are effectively implemented and maintained;

(d) The evaluation of conveyance structures, receiving waters, and adjacent impacted offsite areas to ensure the protection of water quality and compliance with the requirements of this permit; and

(e) The general operation of a turbidity meter or similar device intended for the measurement of turbidity.

3. Each individual holding a QCI Certification need not be on-site continuously and they may conduct site inspections at multiple sites permitted by them or their employer;

4. Each individual holding QCI certification shall obtain annual certification of satisfactory completion of formal refresher education or training regarding general erosion controls and sediment controls, the requirements of this permit, and the general operation of a turbidity meter or similar device intended for the measurement of turbidity. The refresher training requirements, including but not limited to, appropriate curricula, course content, course length, and any participant testing, shall be subject to acceptance by the Director prior to use.

H. Inspection Requirements

1. Pre-Construction Observations

(a) A pre-construction site inspection shall be conducted prior the placement of any BMPs, or the commencement of land disturbing activities.

(b) Pre-construction site inspection shall consist of a complete and comprehensive inspection of the entire proposed construction site including all proposed areas of land disturbance, proposed areas used for storage of materials that may be exposed to precipitation, affected ditches, and other stormwater conveyances, as well as all proposed outfalls, receiving waters and stream banks to determine if there are pre-existing areas of concern.

(c) Pre-construction inspections shall be conducted by the QCP, or by a qualified person under the direct supervision of a QCP;

(d) The inspection shall be documented and made available to the Department upon request;

(e) Pre-construction inspection shall include dated electronic photographic documentation of all areas described in paragraph (b) above; and

(f) The Permittee shall maintain record of the pre-construction site inspection pursuant to Part IV.K.

2. Daily…