Attachment 01 - 1999 const permit 99-08-DWQ.pdf

State Water Resources Control Board Division of Water Quality

1001 I Street • Sacramento, California 95814 • (916) 341-5537 Mailing Address: P.O. Box 1977 • Sacramento, California • 95812-1977

FAX (916) 341-5543 • Internet Address: http://www.waterboards.ca.gov/water_issues/programs/stormwater/

Linda S. Adams Secretary for

Environmental Protection

Arnold Schwarzenegger Governor

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR

STORM WATER DISCHARGES ASSOCIATED WITH

CONSTRUCTION ACTIVITY (GENERAL PERMIT)

WATER QUALITY ORDER 99-08-DWQ

TABLE OF CONTENTS

Click on the items below to view Section

1. CHECKLIST FOR SUBMITTING A NOTICE OF INTENT

2. FACT SHEET

3. FACT SHEET AMENDMENTS

APPENDIX A WATER QUALITY OBJECTIVES FOR SUSPENDED

MATERIALS, SETTEABLE MATERIALS, SEDIMENT AND TURBIDITY

4. WASTE DISCHARGE REQUIREMENTS (GENERAL PERMIT)

5. ATTACHMENT 1: SWRCB AND RWQCB CONTACT LIST

6. GENERAL INSTRUCTIONS

7. NOTICE OF INTENT-LINE-BY-LINE INSTRUCTIONS

8. ATTACHMENT 2: NOTICE OF INTENT FORM

9. ATTACHMENT 3: 303d LISTED WATER BODIES FOR SEDIMENTATION

10. ATTACHMENT 4: CHANGE OF INFORMATION (COI) FORM

1001 I Street • Sacramento, California 95814 • (916) 341-5537 Mailing Address: P.O. Box 1977 • Sacramento, California • 95812-1977

FAX (916) 341-5543 • Internet Address: http://www.waterboards.ca.gov/water_issues/programs/stormwater/

Linda S Adams Secretary for

Environmental Protection

Arnold Schwarzenegger Governor

CHECKLIST FOR SUBMITTING A NOTICE OF INTENT

In order for the State Water Resources Control Board to expeditiously process your Notice of Intent (NOI), the following items must be submitted to either of the addresses indicated below:

1._______ NOI (please keep a copy for your files) with all applicable sections completed and original signature of the landowner or signatory agent;

2._______ Check made out to the “State Water Resources Control Board”

See reverse for listing of fees by acre. The fee is based on the “Total Acres to be Disturbed” for the life of the project.

3. _______ Site Map of the facility (see NOI instructions). DO NOT SEND BLUEPRINTS

U.S. Postal Service Address Overnight Mailing Address

State Water Resources Control Board State Water Resources Control Board Division of Water Quality Division Of Water Quality Attn: Storm Water Section Attn: Storm Water, 15th Floor P.O. Box 1977 1001 I Street Sacramento, CA 95812-1977 Sacramento, CA 95814

NOIs are processed in the order they are received. A NOI receipt letter will be mailed to the land owner within approximately two weeks. Incomplete NOI submittals will be returned to the landowner’s address within the same timeframe and will specify the reason(s) for return. If you need a receipt letter by a specific date (for example, to provide to a local agency), we advise that you submit your NOI thirty (30) days prior to the date the receipt letter is needed.

Please do not call us to verify your NOI status. A copy of your NOI receipt letter will be available on our web page within twenty-four (24) hours of processing. Go to:

http://www.waterboards.ca.gov/water_issues/programs/stormwater/databases.shtml to retrieve an electronic copy of your NOI receipt letter. If you have any questions regarding this matter, please contact us at (916) 341-5537.

Construction Annual Fees by Acre Partial Acreage rounded to nearest whole number

Acres Fee 21% Surcharge Total Fee

0 $238 $50 $288 1 $262 $55 $317 2 $286 $60 $346 3 $310 $65 $375 4 $334 $70 $404 5 $358 $75 $433 6 $382 $80 $462 7 $406 $85 $491 8 $430 $90 $520 9 $454 $95 $549 10 $478 $100 $578 11 $502 $105 $607 12 $526 $110 $636 13 $550 $116 $666 14 $574 $121 $695 15 $598 $126 $724 16 $622 $131 $753 17 $646 $136 $782 18 $670 $141 $811 19 $694 $146 $840 20 $718 $151 $869 21 $742 $156 $898 22 $766 $161 $927 23 $790 $166 $956 24 $814 $171 $985 25 $838 $176 $1,014 26 $862 $181 $1,043 27 $886 $186 $1,072 28 $910 $191 $1,101 29 $934 $196 $1,130 30 $958 $201 $1,159 31 $982 $206 $1,188 32 $1,006 $211 $1,217 33 $1,030 $216 $1,246 34 $1,054 $221 $1,275 35 $1,078 $226 $1,304 36 $1,102 $231 $1,333 37 $1,126 $236 $1,362 38 $1,150 $242 $1,392 39 $1,174 $247 $1,421 40 $1,198 $252 $1,450 41 $1,222 $257 $1,479 42 $1,246 $262 $1,508 43 $1,270 $267 $1,537 44 $1,294 $272 $1,566 45 $1,318 $277 $1,595 46 $1,342 $282 $1,624 47 $1,366 $287 $1,653 48 $1,390 $292 $1,682 49 $1,414 $297 $1,711 50 $1,438 $302 $1,740

Acres

Fee

21% Surcharge

Total Fee 51 $1,462 $307 $1,769 52 $1,486 $312 $1,798 53 $1,510 $317 $1,827 54 $1,534 $322 $1,856 55 $1,558 $327 $1,885 56 $1,582 $332 $1,914 57 $1,606 $337 $1,943 58 $1,630 $342 $1,972 59 $1,654 $347 $2,001 60 $1,678 $352 $2,030 61 $1,702 $357 $2,059 62 $1,726 $362 $2,088 63 $1,750 $368 $2,118 64 $1,774 $373 $2,147 65 $1,798 $378 $2,176 66 $1,822 $383 $2,205 67 $1,846 $388 $2,234 68 $1,870 $393 $2,263 69 $1,894 $398 $2,292 70 $1,918 $403 $2,321 71 $1,942 $408 $2,350 72 $1,966 $413 $2,379 73 $1,990 $418 $2,408 74 $2,014 $423 $2,437 75 $2,038 $428 $2,466 76 $2,062 $433 $2,495 77 $2,086 $438 $2,524 78 $2,110 $443 $2,553 79 $2,134 $448 $2,582 80 $2,158 $453 $2,611 81 $2,182 $458 $2,640 82 $2,206 $463 $2,669 83 $2,230 $468 $2,698 84 $2,254 $473 $2,727 85 $2,278 $478 $2,756 86 $2,302 $483 $2,785 87 $2,326 $488 $2,814 88 $2,350 $494 $2,844 89 $2,374 $499 $2,873 90 $2,398 $504 $2,902 91 $2,422 $509 $2,931 92 $2,446 $514 $2,960 93 $2,470 $519 $2,989 94 $2,494 $524 $3,018 95 $2,518 $529 $3,047 96 $2,542 $534 $3,076 97 $2,566 $539 $3,105 98 $2,590 $544 $3,134 99 $2,614 $549 $3,163

>100 $2,618 $550 $3,192

FACT SHEET

FOR

STATE WATER RESOURCES CONTROL BOARD (SWRCB)

901 P STREET, SACRAMENTO, CALIFORNIA 95814

STORM WATER DISCHARGES ASSOCIATED WITH

CONSTRUCTION ACTIVITY (GENERAL PERMIT)

BACKGROUND

In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with an NPDES permit. The 1987 amendments to the CWA added Section 402(p) which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES Program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm water permit application requirements for specified categories of industries. The regulations provide that discharges of storm water to waters of the United States from construction projects that encompass five (5) or more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with an NPDES Permit. Regulations (Phase II Rule) that became final on December 8, 1999 expand the existing NPDES program to address storm water discharges from construction sites that disturb land equal to or greater than one (1) acre and less than five (5) acres (small construction activity).

The regulations require that small construction activity, other than those regulated under an individual or Regional Water Quality Control Board General Permit, must be permitted no later than March 10, 2003.

While federal regulations allow two permitting options for storm water discharges (individual permits and General Permits), the SWRCB has elected to adopt only one statewide General Permit at this time that will apply to all storm water discharges associated with construction activity, except from those on Tribal Lands, in the Lake Tahoe Hydrologic Unit, and those performed by the California Department of Transportation (Caltrans). Construction on Tribal Lands is regulated by an USEPA permit, the Lahontan Regional Water Control Board adopted a separate NPDES permit for the Lake Tahoe Hydrologic Unit, and the SWRCB adopted a separate NPDES permit for Caltrans projects. This General Permit requires all dischargers where construction activity disturbs one acre or more, to:

1. Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters.

2. Eliminate or reduce nonstorm water discharges to storm sewer systems and other waters of the nation.

3. Perform inspections of all BMPs.

This General Permit shall be implemented and enforced by the nine California Regional Water Quality Control Boards (RWQCBs).

The General Permit accompanying this fact sheet regulates storm water runoff from construction sites. Regulating many storm water discharges under one permit will greatly reduce the otherwise overwhelming administrative burden associated with permitting individual storm water discharges. Dischargers shall submit a Notice of Intent (NOI) to obtain coverage under this General Permit. It is expected that as the storm water program develops, the RWQCBs may issue General Permits or individual permits containing more specific permit provisions. When this occurs, those dischargers will no longer be regulated by this General Permit.

On August 19, 1999, the State Water Resources Control Board (SWRCB) reissued the General Construction Storm Water Permit (Water Quality Order 99-08-DWQ referred to as “General Permit”). The San Francisco BayKeeper, Santa Monica BayKeeper, San Diego BayKeeper, and Orange Coast Keeper filed a petition for writ of mandate challenging the General Permit in the Superior Court, County of Sacramento. The Court issued a judgment and writ of mandate on September 15, 2000. The Court directed the SWRCB to modify the provisions of the General Permit to require permittees to implement specific sampling and analytical procedures to determine whether Best Management Practices (BMPs) implemented on a construction site are: (1) preventing further impairment by sediment in storm waters discharged directly into waters listed as impaired for sediment or silt, and (2 ) preventing other pollutants, that are known or should be known by permittees to occur on construction sites and that are not visually detectable in storm water discharges, from causing or contributing to exceedances of water quality objectives. The monitoring provisions in the General Permit have been modified pursuant to the court order.

TYPES OF CONSTRUCTION ACTIVITY COVERED BY THIS GENERAL PERMIT

Construction activity subject to this General Permit includes clearing, grading, disturbances to the ground such as stockpiling, or excavation that results in soil disturbances of at least one acre of total land area. Construction activity that results in soil disturbances of less than one acre is subject to this General Permit if the construction activity is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if there is significant water quality impairment resulting from the activity. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to protect public health and safety. Dischargers should confirm with the local RWQCB whether or not a particular routine maintenance activity is subject to this General Permit.

A construction project which includes a dredge and/or fill discharge to any jurisdictional surface water (e.g., wetland, channel, pond, or marine water) will also need a CWA Section 404 permit from the U.S. Army Corps of Engineers and a CWA Section 401 Water Quality Certification from the RWQCB/SWRCB. Storm water discharges from dredge spoil placement which occurs outside of Corps jurisdiction (upland sites) and are part of construction activity which disturbs one or more acres of land are covered by this general permit. Proponents of construction projects which disturb one or more acres of land within the jurisdictional boundaries of a CWA Section 404 permit should contact the local RWQCB to determine the applicability of this permit to the project.

NOTIFICATION REQUIREMENTS

It is the responsibility of the landowner to obtain coverage under this General Permit prior to commencement of construction activities. To obtain coverage, the landowner must file an NOI with a vicinity map and the appropriate fee with the SWRCB. In addition, coverage under this permit shall not occur until the applicant develops an adequate SWPPP for the project. Section A of the General Permit outlines the required contents of a SWPPP. For proposed construction activity on easements or on nearby property by agreement or permission, the entity responsible for the construction activity shall file an NOI and filing fee and shall be responsible for development of the SWPPP, all of which must occur prior to commencement of construction activities.

A separate NOI shall be submitted to the SWRCB for each construction site. Owners of new construction shall file an NOI prior to the commencement of construction. Owners of an ongoing construction site that is covered under the previous General Construction Permit (WQ Order No.92-08-DWQ) (1) shall continue to implement their existing SWPPP and monitoring program and (2) shall implement any necessary revisions to their SWPPP in a timely manner but in no case later than 90-calender days from adoption of this General Permit in accordance with Section A of this General Permit.

The NOI requirements of the General Permit are intended to establish a mechanism which can be used to clearly identify the responsible parties, locations, and scope of operations of dischargers covered by the General Permit and to document the discharger’s knowledge of the requirements for a SWPPP.

The NOI must be sent to the following address:

Storm Water Permit Unit P.O. Box 1977

Sacramento, CA 95812-1977

The Annual fees are established through regulations adopted by the SWRCB. The total annual fee is the current base fee plus applicable surcharges for all construction sites submitting an NOI .

When construction is complete or ownership has been transferred, dischargers shall file a Notice of Termination with the RWQCB certifying that all State and local requirements have been met in accordance with Special Provisions for Construction Activity, C.7, of the General Permit.

Dischargers who fail to obtain coverage under this General Permit for storm water discharges to surface waters will be in violation of the CWA and the California Water Code.

CONSTRUCTION ACTIVITY NOT COVERED BY THIS GENERAL PERMIT

This General Permit does not apply to storm water discharges from (1) those areas on Tribal Lands; (2) the Lake Tahoe Hydrologic Unit; (3) construction under one acre, unless part of a larger common plan of development or sale; (4) projects covered by an individual NPDES Permit for storm water discharges associated with construction activity; and (5) landfill construction that is subject to the general industrial permit.

Storm water discharges in the Lake Tahoe Hydrologic Unit are regulated by a separate permit(s) adopted by the California Regional Water Quality Control Board, Lahontan Region (LRWQCB).

USEPA regulates storm water discharges on Tribal Lands. Permit applications for storm water discharges that will be conducted in the Lake Tahoe Hydrologic Unit must be submitted directly to the LRWQCB.

DESCRIPTION OF GENERAL PERMIT CONDITIONS

The following is a brief description of the major provisions of the General Permit and the basis for the General Permit.

Prohibitions

This General Permit authorizes the discharge of storm water to surface waters from construction activities that result in the disturbance of one or more acres of land. It prohibits the discharge of materials other than storm water and authorized non-storm water discharges and all discharges which contain a hazardous substance in excess of reportable quantities established at 40 Code of Federal Regulations (CFR) 117.3 or 40 CFR 302.4 unless a separate NPDES Permit has been issued to regulate those discharges. In addition, this General Permit contains provisions that uphold discharge prohibitions contained in water quality control plans, as implemented through the nine RWQCBs.

Effluent Limitations

Permits for storm water discharges associated with construction activity shall meet all applicable provisions of Sections 301 and 402 of the CWA. These provisions require controls of pollutant discharges that utilize best available technology economically achievable (BAT) and best conventional pollutant control technology (BCT) to reduce pollutants and any more stringent controls necessary to meet water quality standards.

It is not feasible at this time for the SWRCB to establish numeric effluent limitations. The reasons why it is not feasible to establish numeric effluent limitations are discussed in detail in SWRCB Order Nos. WQ 91-03 and WQ 91-04. Therefore, the effluent limitations contained in this General Permit are narrative and include the requirement to implement appropriate BMPs.

The BMPs shall primarily emphasize source controls such as erosion control and pollution prevention methods. The discharger shall also install structural controls, as necessary, such as sediment control which will constitute BAT and BCT and will achieve compliance with water quality standards. The narrative effluent limitations constitute compliance with the requirements of the CWA.

Elimination or reduction of nonstorm water discharges is a major goal of this General Permit.

Nonstorm water discharges include a wide variety of sources, including improper dumping, spills, or leakage from storage tanks or transfer areas. Nonstorm water discharges may contribute a significant pollutant load to receiving waters. Measures to control spills, leakage, and dumping and to prevent illicit connections during construction shall be addressed through structural as well as non-structural BMPs.

This General Permit prohibits the discharge of materials other than storm water and authorized nonstorm water discharges. It is recognized that certain nonstorm water discharges may be necessary for the completion of construction projects. Such discharges include, but are not limited to irrigation of vegetative erosion control measures, pipe flushing and testing, street cleaning, and dewatering. Such discharges are allowed by this General Permit provided they are not relied upon to clean up failed or inadequate construction or post-construction BMPs designed to keep materials onsite. These authorized nonstorm water discharges shall (1) be infeasible to eliminate, (2) comply with BMPs as described in the SWPPP, and (3) not cause or contribute to a violation of water quality standards. Additionally, these discharges may be required to be permitted by the local RWQCB (e.g., some RWQCBs have adopted General Permits for dewatering discharges). This General Permit is performance-based to the extent that it prohibits the discharge of storm water that causes or threatens to cause pollution, contamination, or nuisance; but it also allows the owner/developer to determine the most economical, effective, and possibly innovative BMPs.

The requirements of this General Permit are intended to be implemented on a year-round basis, not just during the part of the year when there is a high probability of a precipitation event which results in storm water runoff. The permit should be implemented at the appropriate level and in a proactive manner during all seasons while construction is ongoing.

Weather and storm predictions or weather information concerning the 10-year, 6-hour storm event and mean annual rainfall can be obtained by calling the Western Regional Climate Center at 775-674-7010 or via the internet at www.wrcc.dri.edu/precip.html and/or www.wrcc.dri.edu/pcpnfreq.html.

Receiving Water Limitations Language

The receiving water limitations language is fundamentally different from the language adopted in the SWRCB General Industrial Activities Storm Water Permit on April 17, 1997.

Construction related activities which cause or contribute to an exceedance of water quality standards must be corrected immediately and cannot wait for the RWQCB to approve a plan of action to correct. The dynamic nature of construction activity allows the discharger the ability to more quickly identify and correct the source of the exceedances. Therefore, the owner is required to take immediate corrective action and to provide a report to the appropriate RWQCB within 14-calendar days of the violation describing the corrective action.

Storm Water Pollution Prevention Plan (SWPPP)

This General Permit requires development and implementation of a SWPPP. This document emphasizes the use of appropriately selected, correctly installed and maintained pollution reduction BMPs. This approach provides the flexibility necessary to establish BMPs which can effectively address source control of pollutants during changing construction activities.

All dischargers shall prepare and implement a SWPPP prior to disturbing a site. The SWPPP must be implemented at the appropriate level to protect water quality at all times throughout the life of the project. Nonstorm water BMPs must be implemented year round. The SWPPP shall remain on the site while the site is under construction, commencing with the initial mobilization and ending with the termination of coverage under the permit.

The SWPPP has two major objectives: (1) to help identify the sources of sediment and other pollutants that affect the quality of storm water discharges and (2) to describe and ensure the implementation of BMPs to reduce or eliminate sediment and other pollutants in storm water as well as nonstorm water discharges. The SWPPP shall include BMPs which address source control and, if necessary, shall also include BMPs which address pollutant control.

Required elements of a SWPPP include: (1) site description addressing the elements and characteristics specific to the site, (2) descriptions of BMPs for erosion and sediment controls,

(3) BMPs for construction waste handling and disposal, (4) implementation of approved local plans, (5) proposed post-construction controls, including description of local post-construction erosion and sediment control requirements, and (6) nonstorm water management.

To ensure that the preparation, implementation, and oversight of the SWPPP is sufficient for effective pollution prevention, individuals responsible for creating, revising, overseeing, and implementing the SWPPP should participate in applicable training programs and document such training in the SWPPP.

SWPPPs are reports that are available to the public under Section 308(b) of the CWA and will be made available by the RWQCB upon request.

Monitoring Program

Another major feature of the General Permit is the development and implementation of a monitoring program. All dischargers are required to conduct inspections of the construction site prior to anticipated storm events and after actual storm events. During extended storm events, inspections must be made during each 24-hour period. The goals of these inspections are (1) to identify areas contributing to a storm water discharge; (2) to evaluate whether measures to reduce pollutant loadings identified in the SWPPP are adequate and properly installed and functioning in accordance with the terms of the General Permit; and (3) whether additional control practices or corrective maintenance activities are needed. Equipment, materials, and workers must be available for rapid response to failures and emergencies. All corrective maintenance to BMPs shall be performed as soon as possible, depending upon worker safety.

Each discharger shall certify annually that the construction activities are in compliance with the requirements of this General Permit. Dischargers who cannot certify annual compliance shall notify the appropriate RWQCB. A well-developed monitoring program will provide a good method for checking the effectiveness of the SWPPP.

Retention of Records

The discharger is required to retain records of all monitoring information, copies of all reports required by this General Permit, and records of all data used to complete the NOI for all construction activities to be covered by the General Permit for a period of at least three years from the date generated. This period may be extended by request of the SWRCB and/or RWQCB. With the exception of reporting noncompliance to the appropriate RWQCB, dischargers are not required to submit the records, except upon specific request by the RWQCB.

FACT SHEET

FOR

STATE WATER RESOURCES CONTROL BOARD (SWRCB)

1001 I STREET, SACRAMENTO, CALIFORNIA 95814

STORM WATER DISCHARGES ASSOCIATED WITH

CONSTRUCTION ACTIVITY (GENERAL PERMIT): Sampling and Analysis

Contents

1.0 Introduction

1.1 Organization

1.2 Background

1.2.1 Water Quality Standards or Objectives

1.2.2 Non-Visible Pollutant Sampling

1.2.3 Sediment-Impaired Water Bodies

1.3 Purpose of Sampling and Analysis

2.0 Sampling Program for Pollutants Not Visually Detectable in Storm Water

2.1 What the Permit Says About Sampling

2.2 Deciding When to Sample

2.3 Deciding What Constituents to Sample For: What are Pollutants Which are “Known or Should be Known” to Occur on a Construction Site?

2.4 Deciding Where to Sample

2.5 Types of Test Methods?

2.6 Deciding How Often to Sample

2.7 Identification of Pollutant Sources

2.8 Examples of When Sampling and Analysis for Non-Visible Pollutants is

Not Required

2.9 Examples of When Sampling and Analysis is Required

2.10 Do I need to Sample Storm Water Flows Diverted Around My Project for Non-Visible Pollutants?

2.11 Deciding How to Sample

2.12 How to Use Your Sampling Data

2.12.1 How to Analyze your Data

2.12.2 Coordinating Visual Observations With Sampling Results

2.12.3 What to Do If The Data Show a Potential Problem

2.13 Retention of Data

3.0 Sampling Program for Sedimentation/Siltation

3.1 What the Permit Says About Sampling

3.2 Deciding When to Sample

3.3 Deciding What Constituent(s) Require Sampling

3.4 Deciding Where to Sample

3.5 What are the Applicable Water Quality Standards

3.6 Deciding How to Sample

3.7 How to Use Your Data

3.7.1 How to Analyze Your Data

3.7.2 Sources of Sediment, Silt and Turbidity In a Construction Discharge

3.7.3 What to Do If Your Data Shows a Statistically Significant Increase Downstream of the Discharge

3.8 Retention of Data

4.0 Sampling Procedures

5.0 Definitions

6.0 Sources of Further Assistance

7.0 Explanation of Sampling and Analysis Requirements

7.1 Requirement for Compliance with Water Quality Standards

7.2 Background Contamination

7.3 Parameters to Sample for to Determine the Presence of Non-Visible

Pollutants in Runoff

7.4 The Watershed Approach to Storm Water Permitting

7.5 References and Record for this Guidance Document

Laboratory Requirements for Storm Water Monitoring of Sediment, Siltation and/or Turbidity

List of Figures

1.1 Evaluating Your Site for Sediment Sampling

1.2 Evaluating Your Site for Non-Visible Pollutant Sampling

1.2.1 Evaluating Your Site for Historical Pollutants

1.2.2 Evaluating Your Site for Non-Visible Pollutant Run-on

1.2.3 Evaluating Your Site for Construction Non-Visible Pollutants

4-1 Outline for a Typical Storm Water Sampling and Analysis Plan Appendices

A Water Quality Objectives for Suspended Materials, Setteable Materials, Sediment and Turbidity

1.0 Introduction

This document is an amendment to the Fact Sheet to the State Water Resources Control Board’s (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated With Construction Activity (CGP). This Permit was modified in 2001 by Resolution No. 2001-046, “Modification of Water Quality Order 99-08-DWQ State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit For Storm Water Discharges Associated With Construction Activity (CGP)”. The modifications to the CGP require that a sampling and analysis strategy and sampling schedule for certain discharges from construction activity be developed and kept with the project’s Storm Water Pollution Prevention Plan (SWPPP). The sampling and analysis requirements are found in Section B, paragraphs 7 and 8, of the CGP. Paragraph 7 concerns monitoring for sedimentation/siltation or turbidity and Paragraph 8 concerns monitoring for pollutants that are not visually detectable in storm water. Where required, a sampling and analysis strategy and sampling schedule must be developed regardless of the time of the year that construction occurs.

This document only addresses the modifications and is intended to facilitate the proper implementation of the sampling and analysis requirements. It provides information on when sampling and analysis is required, how to perform sampling and analysis, what conclusions may be drawn from the sampling and analysis results, and it explains the rationale for the required sampling.

SWRCB staff developed this document with consideration of comments from interested persons, including the California Stormwater Quality Association, the Building Industry Legal Defense Foundation, the California Building Industry Association, the San Francisco BayKeeper, the Santa Monica BayKeeper, the San Diego BayKeeper, and the Orange County CoastKeeper. It is based on the CGP, two orders issued by the Sacramento Superior Court in response to a challenge to the CGP, Clean Water Act provisions, regulations, guidance documents and permits issued by the federal Environmental Protection Agency, and other documents submitted by interested persons. A full record has been compiled and is available for inspection or copying upon request. A draft guidance document was circulated for public comment and a hearing was held prior to issuance of this final guidance document.

Although sampling and analysis will be required at many construction sites, it will not be required at all construction sites. It is the responsibility of dischargers to evaluate the construction project and, where required, to develop a site-specific sampling and analysis strategy in compliance with the CGP requirements. For further guidance please contact your local Regional Water Quality Control Board (RWQCB).

The sampling and analysis requirements supplement, but do not replace, the visual monitoring program required by Section B of the CGP. All construction projects must continue the visual monitoring program including inspections before predicted rain events, during extended rain events, and following rain events that produce runoff.

This document provides guidance on complying with the sampling and analysis requirements of the CGP. It does not in any way change these requirements or guarantee compliance with the CGP. The permit has many other requirements such as development of a SWPPP, implementation of Best Management Practices (BMP) programs, and visual monitoring that are not addressed in this document.

1.1 Organization

Section 1: general information and background on the sampling and requirements.

Section 2: non-visible pollutant sampling and analysis.

Section 3: sediment, silt and turbidity sampling and analysis.

Section 4: sampling and analysis procedures.

Section 5: definitions.

Section 6: contact list and additional sources of information.

Section 7: general explanation of and rationale for the sampling and analysis requirements;

citations to other documents that form the basis for the SWRCB’s conclusions.

1.2 Background

The SWRCB adopted the CGP on August 19, 1999. The CGP is an NPDES permit that implements section 402(p)(2)(B) of the federal Clean Water Act. The San Francisco BayKeeper, Santa Monica BayKeeper, San Diego BayKeeper, and Orange County CoastKeeper filed a petition for writ of mandate challenging numerous aspects of the CGP in the Superior Court, County of Sacramento.

On September 15, 2000, the Court issued a judgment and writ of mandate that upheld most provisions of the CGP, but directed the SWRCB to modify the provisions of the CGP to require permittees to implement specific sampling and analytical procedures to determine whether BMPs implemented on a construction site are:

(1) preventing further impairment by sediment in storm waters discharged directly into waters listed as impaired (Clean Water Act Section 303(d) List [303(d) List]) for sediment, silt, or turbidity; and

(2) preventing other pollutants that are known or should be known by permittees to occur on construction sites and that can not be visually observed or detected in storm water discharges, from causing or contributing to exceedances of water quality objectives.

The monitoring, sampling and analysis provisions in the CGP were modified pursuant to the court order and issued as Resolution No. 2001-046, adopted by the SWRCB on April 26, 2001.

On December 27, 2001, the Court issued an Order Enforcing Writ of Mandate. In that order, the Court acknowledged that the permit had been modified, but required further actions by the SWRCB. Issuance of this fact sheet amendment is intended to respond to the Court’s further instructions. In general, the Court expressed concern that certain aspects of the modifications might be ambiguous and might result in misinterpretation by dischargers. This amendment is intended to avoid such potential ambiguities and misinterpretations and to help explain the requirements and provide suggestions for compliance.

1.2.1 Water Quality Standards or Objectives

The Receiving Water Limitations in the CGP require the SWPPP be designed and implemented so that storm water discharges and authorized non-storm water discharges do not cause or contribute to an exceedance of any applicable water quality standard. (CGP, Receiving Water Limitation B.2.) The modifications to the monitoring program require sampling and analysis procedures to help determine whether BMPs installed and maintained in accordance with the SWPPP are preventing pollutants in discharges from the construction site from causing or contributing to exceedance of water quality standards. In making these determinations, it is necessary to understand what are the applicable water quality standards.

Water quality standards consist of the designation of beneficial uses of surface waters and the adoption of ambient criteria necessary to protect those uses. (40 CFR §131.3(i)) When adopted by the SWRCB or a RWQCB, the criteria are termed “water quality objectives.” (Water Code §13241; the terms are used interchangeably here.) If storm water runoff from construction sites contains pollutants, there is a risk that those pollutants could enter surface waters and cause or contribute to exceedance of water quality standards. For that reason, dischargers should be aware of the applicable water quality standards in their receiving waters. (The best method to ensure compliance with receiving water limitations is to implement BMPs that prevent pollutants from contact with storm water or from leaving the construction site in runoff).

In California, water quality standards are published in the Basin Plans adopted by each RWQCB, the California Toxics Rule (CTR), the National Toxics Rule (NTR), and the Ocean Plan. One way to determine the applicable standards for the receiving water for your runoff is to contact staff from the appropriate RWQCB. (See the contact list in Section 6 of this guidance.)

The SWRCB intends in the future to augment its internet site to further facilitate access to water quality standards. In the interim, dischargers can determine the applicable water quality standards by contacting RWQCB staff or from one of the following sources. The actual plans that contain the water quality standards can be viewed at the site of the appropriate RWQCB for Basin Plans (http://www.waterboards.ca.gov/regions.html), the SWRCB site for statewide plans (http://www.waterboards.ca.gov/plnspols/index.html), or the US Environmental Protection Agency (USEPA) regulations for the NTR and CTR (40 CFR Title 131). Basin Plans and statewide plans are also available by mail from the appropriate RWQCB or the SWRCB. The USEPA regulations are available at http://www.epa.gov/. Additional information concerning Water Quality Standards can be accessed through http://www.waterboards.ca.gov/stormwtr/gen_const.html

1.2.2 Non-Visible Pollutant Sampling

The monitoring requirements in the CGP require sampling and analysis for pollutants that are not visually detectable in storm water discharges, which are or should be known to occur on the construction site, and which could cause or contribute to an exceedance of water quality objectives. As is explained below, the situations where non-visible pollutants may occur in runoff from a construction site are limited. Where such non-visible pollutants are known or should be known to be present and have the potential to contact runoff and to contribute to an exceedence of a water quality objective, sampling and analysis is required.

A variety of materials are used in construction or are present on construction sites. Examples of such materials include soil stabilizers, paint, and fluids from vehicles. Any of these materials can end up in the storm water runoff and contain pollutants that pose a threat to water quality.

Some of these potential pollutants will leave a visible trace. For example, sediment turns water brown and oil and grease leave a sheen. Other pollutants will discolor the runoff or leave a residue or film. For pollutants that are visible in runoff, the CGP requires the discharger to perform visual monitoring of the site and does not require sampling and analysis. The sampling and analysis requirements only apply to pollutants that do not leave a visible trace or are not associated with a visible tracer. Examples of such potential non-visible pollutants include increased pH, pesticides, and nutrients such as nitrogen or phosphorus.

The presence or use of a material on the construction site does not always mean that dischargers must sample for it in runoff. The CGP requires sampling and analysis when non-visible pollutants could “cause or contribute to an exceedance of water quality objectives in the receiving water.” The most effective way to avoid the sampling and analysis requirements, and to ensure permit compliance, is to avoid the exposure of construction materials to precipitation and storm water runoff. Materials that are not exposed do not have the potential to enter storm water runoff, and therefore do not need to be sampled for in runoff. Preventing contact between storm water and construction materials is one of the most important BMPs at any construction site. Manage any potential pollutants on the site in such a way that the exposure of the pollutant to rainfall or storm water is minimized or eliminated.

Elimination of exposure of pollutants at construction sites is not always possible. Some materials, such as soil amendments, are designed to be used in a manner that will result in exposure to storm water. In these cases, it is important to make sure that these materials are applied according to the manufacturer’s instructions at a time when they are unlikely to be washed away. Other materials can be exposed when storage, waste disposal or application are not done in a manner protective of water quality or through accidental spillage. For these situations, sampling is required unless there is capture and containment of all storm water that has been exposed to pollutants. In cases where construction materials may be exposed to storm water but the storm water is contained, and is not allowed to run off the site, then sampling only needs to occur when inspections show the containment failed or is breached and there is potential for exposure or discharge.

Many common good housekeeping BMPs already limit exposure to most materials. Improving these practices to prevent exposure is a better approach to preventing pollution of runoff and will limit the amount of sampling and analysis. Improved BMPs may be less costly than an ongoing sampling and analysis program.

The first step in managing potential pollutants at a construction site is the implementation of well thought out BMP programs that are designed to minimize the mobilization of pollutants such as sediment and to minimize the exposure of storm water to pollutants. The next important step is an aggressive program of inspections both on a regular basis and before and after storms.

The inspection program must also be accompanied by an equally aggressive BMP maintenance program. The receiving water is protected when appropriate BMPs are implemented, inspected and maintained. The role of sampling is to support the visual inspection of the site when necessary.

1.2.3 Sediment-Impaired Water Bodies

Certain lakes, streams, rivers, creeks and other bodies of water in California have been determined by the SWRCB to be impaired by one or more pollutants. (This listing is required by Clean Water Act section 303(d).) One of the pollutants that can trigger a listing is sediment, termed variously as sedimentation, siltation, sediment, or turbidity. The water bodies listed for sediment in California are included in Attachment 3 to the CGP. Additional discharges of sediment to a sediment-impaired water body could contribute to the exceedance of a water quality standard for that pollutant. Following listing of impaired waters, RWQCBs adopt total maximum daily loads (TMDLs) that may include waste load allocations for the impairing pollutant. Effluent limitations in NPDES permits must be consistent with the assumptions and requirements of waste load allocations (40 CFR section 122.44(d)(1)(vii)(B)), and adoption of TMDLs could result in specific requirements in the CGP or an individual or watershed-wide construction permit. Pending completion of TMDLs for sediment-impaired waters, it is necessary to ensure that sediment discharges from construction sites do not cause or contribute to exceedances of water quality. To that end, the modifications require sampling and analysis of discharges from construction activity that directly enters a water body listed in Attachment 3 to the CGP as impaired for sediment. This requirement is generally only applicable to a handful of construction projects each year.

To obtain the latest list of 303(d) water bodies, visit the SWRCB’s Web site at http://www.waterboards.ca.gov/.

1.3 Purpose of Sampling and Analysis

The primary method of determining compliance with the CGP is visual inspections. The permit requires regular inspections as well as pre-storm and post-storm inspections to determine if there are areas where storm water can be or has been exposed to pollutants. It is possible to see if there is erosion and movement of soil, or if construction materials, chemicals and waste are exposed. This is the best way to determine if the site is in compliance. In some cases, verification of this compliance through sampling and analysis is appropriate. The purpose of the sampling and analysis requirements is to support the visual observation program and to provide information that can be used to help determine whether the BMPs employed on a construction site are effective in preventing construction site pollutants from causing or contributing to exceedances of water quality objectives in the receiving waters. The modifications to the CGP contain two categories of sampling and analysis requirements, which are illustrated in Figures 1- 1 and 1.2.1-4:

Monitoring for non-visible pollutants at any site where the relevant triggering conditions occur.

This monitoring is required at any site where there is exposure and where a discharge can cause or contribute to exceedence of a water quality objective, not just those that discharge to water bodies that are listed for a particular pollutant; and

Monitoring for sediment in storm water discharged directly to water bodies listed as impaired for sediment/siltation, sediment, or turbidity on the SWRCB’s 303(d) list of water bodies.

The sampling and analysis results are not conclusive proof of compliance or non compliance with the permit. Specifically, Receiving Water Limitations in the CGP provide that the SWPPP must be designed and implemented so that storm water discharges shall not cause or contribute to exceedance of any applicable water quality standards. These provisions also require implementation of corrective measures, and revision of the SWPPP and monitoring requirements if storm water discharges do cause or contribute to an exceedance of an applicable water quality standard. USEPA has pointed out the difficulties and limitations of using sampling in storm water permits as a measure of compliance. (57 Fed. Reg. 11394, 11402) While sampling and analysis, as required by the CGP, may be a useful tool in pointing to areas of concern, it is of limited use in the storm water context and must be used as a diagnostic tool rather than as conclusive evidence of compliance or non-compliance with the CGP.

Evaluate Site

Does the Construction Project

Discharge Directly to a

W ater Body

No

Is the W ater Body 303(d) Listed for

Sediment, Siltation, or Turbidity

Is the Discharge to a Storm Drain that Flows Directly to a W ater Body W ithout Comingling W ith Other Sources

Perform Sampling & Analysis for

Sediment, Silt, or Turbidity

Yes

Yes

No

Yes

Figure 1.1

Not Required to Sample for

Sediment, Silt, or Turbidity

Not Required to Sample for

Sediment, Silt, or Turbidity

Go To

Determine if You Must Perform Sampling and Analysis for Sediment, Silt, or Turbidity

No Go To

Go To

Contact the Local Regional W ater Quality Control

Board

And

"A" Evaluate for Non-Visible Pollutants

"A" Evaluate for Non-Visible Pollutants

"A" E valuate fo r N on-V is ib le P o llu tan ts

These 3 E valuations fo r N on -V is ib les P o llu tan ts

M u st B e P erfo rm ed

E valuate S ite For N on-V is ib le

P o llu tan ts F rom C onstructio n

M ateria ls

E va luate S ite F or N on-V is ib le P o llu tan ts

F rom R un-O n

E valuate S ite For P re-E x isting N on-V is ib le P o llu tan ts

G o To G o To

"B " P re-E x isting

"C " C onstructio n

M ateria ls

G o To

"D " R un-O n

E va luate S ite fo r N on-V is ib le P o llu tan ts and D eterm ine if You M ust P erform

S am pling & Analys is fo r N on-V is ib le P o llu tan ts

F igure 1 .2

"B" Pre-Existing

Evaluate Site Information for Pre-Existing

Non-Visible Pollutants

Are There Pre-Existing

Non-Visible Pollutants That Can Cause or Contribute

To An Exceedance of A W ater Quality

Objective?

If Appropriate Perform S & A for

Pre-Existing Non-Visible Pollutants

Contact the Local Regional W ater Quality Control

Board

Yes

Go To

Do Not Need to Perform S&A for

Pre-Existing Non-Visible Pollutants

No

Ensure That the 2 Remaining Evaluations

Have Been Conducted

And

Determine If You Must Perform Sampling and Analysis (S&A) for Pre-Existing Non-Visible Pollutants

And

Also

Figure 1.2.1

"C " C o n s tru c tio n

M a te ria ls

E v a lu a te S ite F o r N o n -V is ib le

P o llu ta n ts F ro m C o n s tru c tio n

M a te ria ls

If Ap p ro p ria te P e rfo rm S & A fo r N o n -V is ib le P o llu ta n ts

F ro m C o n s tru c tio n M a te ria ls

H a v e Are a s o f M a te ria l C o n ta in m e n t

B e e n B re a c h e d ?

H a v e T h e re B e e n

An y L e a k s o r S p ills ?

H a v e T h e y B e e n F u lly C le a n e d a n d / o r

C o n ta in e d ?

H a s T h e re B e e n o r is T h e re th e P o s s ib ility o f E x p o s u re to R a in o r S to rm W a te r?

C a n S to re d M a te ria l C o m e in C o n ta c t W ith R a in o r S to rm W a te r?

Y e s

Y e s

N o

Y e s

N o

Y e s N o

N o

N o

C o n ta c t th e L o c a l R e g io n a l W a te r Q u a lity C o n tro l

B o a rd

An d

G o T o

D e te rm in e If Y o u M u s t P e rfo rm S a m p lin g a n d A n a lys is (S & A ) fo r N o n -V is ib le P o llu ta n ts

F ro m C o n s tru c tio n M a te ria l

D o N o t N e e d to P e rfo rm S & A fo r

N o n -V is ib le P o llu ta n ts F ro m

C o n s tr. M a tls .

Y e s

E n s u re T h a t th e 2 R e m a in in g E v a lu a tio n s

H a v e B e e n C o n d u c te d An d

Als o

F ig u re 1 .2 .2

"D" Run-On

Evaluate Site for Run-On That May Contain Non-Visible Pollutants

Is The Run-On Suspect of Containing Non-Visible Pollutants

That Can Cause or Contribute To An Exceedance of A

W ater Quality Objective?

If Appropriate Perform S & A of Run-On for

Non-Visible Pollutants

Contact the Local Regional W ater Quality Control

Board

Yes

Do Not Need to Perform S&A for

Pre-Existing Non-Visible Pollutants

No

Ensure That the 2 Remaining Evaluations

Have Been Conducted

And

And

Also

Determine If You Must Perform Sampling and Analysis (S&A) for Non-Visible Pollutants

From Run-On

Figure 1.2.3

2.0 Sampling Program for Pollutants Not Visually Detectable in Storm Water

The CGP requires sampling and analysis for pollutants not visually detectable in runoff, but which could cause or contribute to an exceedance of water quality objectives in the receiving water. Sample for a constituent if there is reason to expect that it may be in the discharge, regardless of whether or not it is causing or contributing to an exceedence of a water quality objective. First attempt to eliminate the exposure of construction materials to prevent pollution of storm water and thus to limit the requirement for sampling and analysis. Many construction materials, including soil amendments, fertilizers, pesticides, and even things like fencing and wood products, are intended for use outdoors. For such materials, minimize pollutant discharge through implementation of appropriate BMPs. If exposure to these products can contribute pollutants to the runoff at levels that could cause or contribute to exceedance of a water quality objective, then sampling is still required, even if they are used correctly.

2.1 What the Permit Says about Sampling

The CGP requires that a sampling and analysis program be developed and conducted for pollutants which:

• Are not visually detectable in storm water discharges,

• Are known or should be known to occur on the construction site, and

• Could cause or contribute to an exceedance of water quality objectives in the receiving water.

Include all pollutants identified in this way in this sampling and analysis strategy and identify them in the SWPPP (as required by Sections A. 5. b. and A. 5. c.