SWPPP_Herman_Leirer_Road _AK_NPS_KEFJ_10(4)_Kenia_Peninsula_Borough _Alaska.pdf

2016 CGP Permit No. AKR100000

TABLE OF CONTENTS

1.0 COVERAGE UNDER THIS PERMIT

1.1 Introduction

1.2 Person(s) Responsible for Obtaining Authorization under this Permit

1.3 Permit Area

1.4 Eligibility

Allowable Storm Water Discharges

Authorized Non-Storm Water Discharges

Limitations on Coverage

Emergency Repairs or Reconstruction of a Facility

1.5 Waivers for Certain Small Construction Activities

2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT

2.1 Submittal Requirements Prior to Construction

Projects Using Active Treatment Systems

Projects that Discharge to an Outstanding Natural Resource Water

2.2 How to Obtain Authorization

2.3 How to Submit an Notice of Intent (NOI)

2.4 Submission Deadlines

New Projects

Permitted Ongoing Projects

Change of Permittee for a Permitted Ongoing Project

Unpermitted Ongoing Project

2.5 Date of Authorization to Begin Discharge

2.6 Continuation of Expired General Permit

2.7 Submittal of a Modification to Original NOI

2.8 Alternative Permits

DEC Requiring Authorization under an Alternative Permit

Operator Requesting Authorization under an Alternative Permit

3.0 COMPLIANCE WITH STANDARDS AND LIMITS

3.1 Requirements for all Projects

3.2 Discharge to Impaired Water Body

Discharging into a Receiving Water Body with an Approved or Established TMDL

(Category 4a or 4b) (e.g., Turbidity or Sediment)

3.3 Protection of Endangered Species

4.0 CONTROL MEASURES

4.1 Control Measure Selection and Design Considerations

4.2 Erosion Control Measures

Delineation of Site

Minimize the Amount of Soil Exposed during Construction Activity

Maintain Natural Buffer Areas

Clearing Vegetation

Control Storm Water Discharges and Flow Rates

Protect Steep Slopes

4.3 Sediment Control Measures

Storm Water Inlet Protection Measures

Water Body Protection Measures

Down-Slope Sediment Controls

Stabilized Construction Vehicle Access and Exit Points

Dust Generation and Track-Out from Vehicles

Soil Stockpiles

Authorized Non-Storm Water Discharges

Sediment Basins

4.4 Dewatering

4.5 Soil Stabilization

Minimum Requirements for Soil Stabilization o Deadline to Initiate Stabilization o Deadline to Complete Temporary Stabilization Activities o Exceptions to the Deadlines for Initiating and Completing Stabilization o Deadline to Complete Final Stabilization

Stabilization Requirements for Terminating Permit Authorization

4.6 Treatment Chemicals

Selection of Treatment Chemicals

Use of Treatment Chemicals

Application of Treatment Chemicals o Land Application o Water Application o Active Treatment Systems

4.7 Prohibited Discharge

4.8 Good Housekeeping Measures

Washing of Equipment and Vehicles and Wheel Wash-Down

Fueling and Maintenance Areas

Staging and Material Storage Areas

Washout of Applicators/Containers used for Paint, Concrete, and Other Materials

Fertilizer or Pesticide Use

Storage, Handling, and Disposal of Construction Waste

4.9 Spill Notification

4.10 Projects near a Public Water System (PWS)

4.11 Permanent Storm Water Management Control

4.12 Winter Considerations

Winter Shutdown

Winter Construction

4.13 Maintenance of Control Measures

4.14 Storm Water Lead and Training of Employees

4.15 Applicable Federal, State, Tribal, or Local Requirements

5.0 STORM WATER POLLUTION PREVENTION PLAN

5.1 Storm Water Pollution Prevention Plan (SWPPP)

5.2 Deadlines for SWPPP Preparation

5.3 SWPPP Contents

Permittee

Storm Water Contact(s)

Project Site-Specific Conditions

Nature of Construction Activity

Site Map(s)

Control Measures

Construction and Waste Materials

Locations of Other Industrial Storm Water Discharges

Non-Storm Water Discharges

5.4 Inspections

5.5 Monitoring Plan (if applicable)

5.6 Documentation of Permit Eligibility Related to a Total Maximum Daily Load

5.7 Documentation of Permit Eligibility Related to Endangered Species

5.8 Post-Authorization Records

Copy of Permit Requirements

Additional Documentation Requirements

5.9 Maintaining an Updated SWPPP

SWPPP Modifications

Log of SWPPP Modifications

Deadlines for SWPPP Modifications

5.10 Additional SWPPP Requirements

Retention of the SWPPP

Main Entrance Signage

Availability of SWPPP

Signature and Certification

5.11 Requirements for Different Types of Operators

6.0 INSPECTIONS

6.1 Inspection Frequency

6.2 Case-by-Case Reductions in Inspection Frequency

6.3 Qualified Person

6.4 Site Inspection

Location of Inspections

Scope of Inspection

6.5 Linear Project Inspections

6.6 Inspections by DEC or Applicable Government Authority

6.7 Inspection Report

7.0 MONITORING

7.1 General Requirements

7.2 Qualified Person

7.3 Discharge Monitoring Requirements

Sampling Parameter

Sampling Frequency

Sampling Locations

Representative Discharge Point for a Linear Project

Commingled Discharges

Sample Type

Sampling and Analysis Methods

Rainfall Monitoring

Recording Monitoring Data

Reporting Monitoring Results

7.4 Visual Monitoring for a Linear Project

Visual Monitoring Frequency

Visual Monitoring Locations

Visual Monitoring Parameters

Recording Visual Monitoring Data

8.0 CORRECTIVE ACTIONS

8.1 Corrective Action Conditions

8.2 Deadlines for Corrective Actions

8.3 Corrective Action Log

8.4 Corrective Action Report

8.5 Substantially Identical Outfalls

9.0 REPORTING AND RECORDKEEPING

9.1 Annual Report

9.2 Corrective Action Report

9.3 Spill of Hazardous Substances Report

9.4 Retention of Records

9.5 Request for Submittal of Records

10.0 TERMINATION OF PERMIT AUTHORIZATION

10.1 Submitting a Notice of Termination (NOT)

10.2 When to Submit a Notice of Termination

10.3 Submitting a Notice of Termination

11.0 PERMIT REOPENER CLAUSE

11.1 Procedures for Modification or Revocation

11.2 Water Quality Protection

11.3 Timing of Permit Modification

Appendix A Standard Permit Conditions

Appendix B Acronyms

Appendix C Definitions

Appendix D Small Construction Waivers and Instructions

Appendix E Forms

Notice of Intent (NOI)

Notice of Termination (NOT)

Notice of Intent Modification

Low Erosivity Waiver

Annual Report

TABLES

Table 1: Schedule of Submissions

Table 2: Summary of Permit Required On-Site Documentation

Table 3: SWPPP Submittal within Municipality of Anchorage MS4 area

Table 4: Recommended Experience or Required Training for Specific Roles ..................................... C-12

SCHEDULE OF SUBMISSIONS

The Schedule of Submissions (Table 1) summarizes the required submissions and activities the permittee must complete and/or submit to the Alaska Department of Environmental Conservation (DEC or the Department) during the terms of this permit. The operator is responsible for all submissions and activities even if they are not summarized below.

Table 1: Schedule of Submissions

Permit

Part Type of Project

Submittal

Requirement Frequency Due Date Submit to 1

Prior to Construction

1.4.4.7, 2.1.1, and 2.1.2

Projects that will construct Permanent

Storm Water

Management Controls

Engineering

Plans

Once At least 30 calendar days before the start of construction or as required by the MS4

Operator

Permitting

Program or

MS4

Operator

1.5 Small construction

activities that use a waiver in lieu of CGP authorization

Waiver

Certification

Once At least five business days before proposed start of construction

Permitting

Program

2.1.3 Projects that disturb

greater than or equal to

5 acres of land and are outside an MS4 area

SWPPP 2 Once With NOI Permitting

Program

2.1.4 Projects inside an MS4

area

SWPPP Once Depends on requirements of

MS4 operator

MS4

Operator

2.1.5 and

4.6.3.3

Project that use an

Active Treatment

System

Engineering

Plans and

Project Details

Once At least 14 calendar days before use of the system

Permitting

Program

2.1.6 Projects that discharge

to an Outstanding

Natural Resource Water

Site-Specific

Antidegradation

Analysis

Once At least 14 calendar days before filing

NOI

Permitting

Program

2.3 Projects that disturb

greater than or equal to

1 acre of land

Notice of Intent Once At least five business days before the start of construction

Permitting

Program

Table 1: Schedule of Submissions

Permit

Part Type of Project

Submittal

Requirement Frequency Due Date Submit to 1

During Construction

2.4.2

2.6

For an authorized permittee if the permittee intends to continue operations and discharges beyond the term of this permit

Submit a complete and accurate new

NOI according to Part 2.3

Once Within 90 calendar days of the effective date of this permit

Permitting

Program

2.7 To update or correct

information on the original NOI

NOI

Modification

As needed As needed Permitting

Program

3.2, 8.4, and

9.2

If the difference between upstream and downstream samples exceed WQS for turbidity

Corrective

Action Report

As necessary

At least 14 calendar days after receiving monitoring results

Compliance

Program

9.1 Projects that disturb

greater than or equal to

20 acres of land

Annual Report As needed for sites meeting

Part 3.2

By December

31st or with

NOT

Compliance

Program

9.5 All projects with an

active NOI

Request for

Submittal of

Records

As requested by DEC

At least 30 calendar days after receipt of request

As requested by

DEC

Post Construction

10.2 All projects with an

active NOI

Notice of

Termination

(NOT)

Once Within 30 calendar days of completion of the project

Permitting

Program

Note:

1 See Appendix A, Part 1.1 for Permitting and Compliance Program contact information and addresses

2 All projects that require an NOI must prepare a SWPPP. However, only operators who are developing projects that disturb greater than or equal to five (5) acres of land and are outside an MS4 area are required to submit a SWPPP to DEC.

REQUIRED ON-SITE DOCUMENTATION

The Summary of Required On-Site Documentation (Table 2) lists the documents the permittee must have available at the project site or the project management office.

Table 2: Summary of Permit Required On-Site Documentation

Permit

Part Document Frequency Purpose of Document

2.3 NOI Once at start of project Applicant request for authorization to discharge under permit coverage

2.5 DEC NOI Reply Letter Once at start of project To provide permittee with DEC project tracking number indicating project is covered by CGP

2.7 NOI Modification As needed To modify the original NOI if

project conditions or personnel change

5.0 SWPPP Developed prior to

submitting the NOI.

Updated as necessary.

To describe the project and the control measures to minimize the discharge of pollutants into waters of the U.S.

5.4; 6.7 Inspection Reports Conducted at frequency specified in

SWPPP

To monitor compliance with SWPPP and CGP

5.5; 7.0 Monitoring Plan

(if required)

As needed To describe monitoring of storm water discharge for those projects that disturb more than threshold requirement

5.6 Permit Eligibility related

to Total Maximum Daily

Load (TMDL)

Once at start of project To document compliance with

TMDL requirements

5.7 Permit Eligibility related

to Endangered Species Act

(ESA)

Once at start of project To document compliance with ESA requirements

5.8.1 Copy of this permit Once at start of project To include in SWPPP

5.8.2 Additional Documentation

in the SWPPP

Updated as necessary To maintain summaries of various specific activities at the site to document they were accomplished.

8.3 Corrective Action Log (if

necessary)

Updated as necessary To list the corrective actions taken at a site

8.4; 9.2 Corrective Action Report

(if necessary)

As needed To report exceeding the turbidity requirement and describe

9.1 Annual Report (if

required)

Annually or at NOT To report result of discharge monitoring

9.4 Records As needed To maintain project records

10.2 NOT Once at completion of

project

To notify DEC that the permittee is terminating permit coverage

1.0 COVERAGE UNDER THIS PERMIT

1.1 Introduction

The Alaska Construction General Permit (CGP) authorizes storm water discharges from large and small construction-related activities that result in a total land disturbance of equal to or greater than one acre and where those discharges enter waters of the U.S. (directly or through a storm water conveyance system) or a municipal separate storm sewer system (MS4) leading to waters of the U.S. subject to the conditions set forth in this permit. This permit also authorizes storm water discharges from certain construction support activities and some non-storm water discharges commonly associated with construction sites.

The goal of this permit is to minimize erosion and reduce or eliminate the discharge of pollutants, such as sediment carried in storm water runoff from construction sites through implementation of appropriate control measures. Polluted storm water runoff can adversely affect fish, animals, plants, and humans. In order to ensure protection of water quality and human health, this permit describes control measures that must be used to manage storm water runoff during construction activities. This permit replaces the CGP that became effective July 1, 2011, and expired on January 31, 2016.

1.2 Person(s) Responsible for Obtaining Authorization under this Permit

1.2.1 All operators of large or small construction activities that meet the conditions in Part 1.4 must obtain authorization under this permit. For the purposes of this permit, an “operator” is any party associated with a construction project that meets either of the following two criteria:

1.2.1.1 The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

1.2.1.2 The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit).

Note: Subcontractors generally are not considered operators for the purposes of this permit.

Note: Where there are multiple operators associated with the same project, all operators are required to obtain permit authorization. The following applies in these situations:

If one operator has control over plans and specifications and a different operator has control over activities at the project site, they may divide responsibility for compliance with the terms of this permit as long as they develop a group storm water pollution prevention plan

(SWPPP) (see Part 5.1), which documents which operator has responsibility for each requirement of the permit.

If an operator only has operational control over a portion of a larger project (e.g., one of four homebuilders in a subdivision), the operator is responsible for compliance with all applicable effluent limits, terms, and conditions of this permit as it relates to the activities on their portion of the construction site, including protection of endangered species, critical habitat, and historic properties, and implementation of control measures described in the

SWPPP in the areas under their control.

An operator must ensure either directly or through coordination with other permittees, that their activities do not render another permittee’s pollutant discharge controls ineffective.

1.3 Permit Area

This general permit covers the State of Alaska, except lands within the Metlakatla Indian

Reservation and the Denali National Park and Preserve.

1.4 Eligibility

1.4.1 Eligibility Requirements. To be authorized under this permit, the project must meet the following conditions or be notified by DEC that the site is eligible for permit coverage.

1.4.1.1 The project will disturb one or more acres of land, or will disturb less than one acre of land but is part of a common plan of development or sale that will ultimately disturb one or more acres of land;

1.4.1.2 The site will discharge storm water to waters of the U.S. (directly or through a storm water conveyance system) or a MS4 leading to a waters of the U.S.;

1.4.1.3 The project area is located in an area where DEC is the permitting authority;

1.4.1.4 The project is not already covered under a different APDES permit;

1.4.1.5 The project does not discharge to an impaired waterway with an EPA-approved or established Total Maximum Daily Load (TMDL) that specifically precludes such discharges; and

1.4.1.6 The project is not likely to jeopardize the continued existence or cause a take of any threatened or endangered species protected under the Endangered Species Act (ESA) or their designated critical habitat.

1.4.2 Authorized Storm Water Discharges. Subject to compliance with the terms and conditions of this permit, the following discharges are authorized under this permit:

1.4.2.1 Storm water discharges associated with large and small construction activities, including those that are part of a common plan of development or sale that will ultimately disturb one or more acres of land.

1.4.2.2 Storm water discharges designated by DEC as needing a storm water permit under

40 CFR §122.26(a)(1)(v) or §122.26(b)(15)(ii).

1.4.2.3 Storm water discharges from support activities (such as concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) (as defined in Appendix C), whether on-site, adjacent to, or off-site, provided:

1.4.2.3.1 The support activity is directly related to the construction site required to have permit authorization for discharges of storm water associated with construction activity under this permit:

1.4.2.3.2 The support activity is not a commercial operation serving multiple unrelated construction projects by different permittees;

1.4.2.3.3 The support activity does not operate beyond the completion of the construction activity at the project it supports; and

1.4.2.3.4 Appropriate control measures are identified in the Storm Water Pollution

Prevention Plan (SWPPP) and pollutant discharges are minimized in compliance with Parts 3.0 and 4.0 of the permit.

1.4.2.4 Discharges composed of allowable discharges listed in Parts 1.4.2 and 1.4.3 commingled with a discharge authorized by a different APDES permit and/or a discharge that does not require APDES permit authorization.

http://www.ecfr.gov/cgi-bin/text-idx?SID=cd32add828dfbfd32ccadd72afd59a58&mc=true&node=se40.22.122_126&rgn=div8 http://www.ecfr.gov/cgi-bin/text-idx?SID=cd32add828dfbfd32ccadd72afd59a58&mc=true&node=se40.22.122_126&rgn=div8

1.4.3 Authorized Non-Storm Water Discharges. Subject to compliance with the terms and conditions of this permit, the following non-storm water discharges are authorized under this general permit, provided the non-storm water component of that the discharge is in compliance with the SWPPP requirements in Part 5.3.9:

1.4.3.1 Discharges from fire-fighting activities;

1.4.3.2 Fire hydrant flushings;

1.4.3.3 Waters used to wash vehicles where detergents are not used;

1.4.3.4 Water used to control dust;

1.4.3.5 Potable water including uncontaminated water line flushings;

1.4.3.6 Routine external building wash down where detergents are not used;

1.4.3.7 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;

1.4.3.8 Uncontaminated air conditioning or compressor condensate;

1.4.3.9 Uncontaminated, non-turbid discharges of ground water or spring water;

1.4.3.10 Foundation or footing drains where flows are not contaminated with process materials such as solvents or contaminated groundwater;

1.4.3.11 Construction dewatering waters that are treated by an appropriate control measure in compliance with Part 4.4.2, or have been treated with treatment chemicals in compliance with Part 4.6; and

1.4.3.12 Landscape irrigation.

1.4.4 Limitations on Coverage. The following discharges are not authorized under this permit:

1.4.4.1 Post-Construction Discharges. Discharges that originate from the project after construction activities have ceased and a Notice of Termination (NOT) has been submitted in accordance to Part 10.0, including any temporary support activity.

1.4.4.2 Discharges that May Exceed Water Quality Standards. Discharges that DEC, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard

(WQS). Where such a determination is made prior to authorization, DEC may notify the applicant that an individual permit application is necessary in accordance with Part

2.8. However, DEC may provide permit authorization after the applicant has included appropriate controls and implementation procedures designed to bring the discharge into compliance with WQS’s in accordance with Part 3.1.

1.4.4.3 Discharges to Water Quality Impaired Waters. Discharges into receiving waters that are listed as impaired waters in the report Alaska’s Final 2010 Integrated Water

Quality Monitoring and Assessment Report, dated July 15, 2010 (or the most current

EPA-approved version), or with an approved or established TMDL analysis, unless the discharges are in accordance with Part 3.2.

1.4.4.4 Comingled Discharges. Discharges that are mixed with non-storm water, unless they are listed as allowable non-storm water discharges in Part 1.4.3.

1.4.4.5 Discharges Currently or Previously Covered by another Permit. Unless the permittee received written notification from DEC specifically allowing these discharges to be authorized under this permit, the permittee is not eligible for coverage under this permit for any of the following:

http://dec.alaska.gov/water/wqsar/waterbody/integratedreport.htm http://dec.alaska.gov/water/wqsar/waterbody/integratedreport.htm http://dec.alaska.gov/water/wqsar/Docs/Impairedwaters.pdf

1.4.4.5.1 Storm water discharges associated with construction activity that have been covered under an individual permit, an alternative APDES general permit, or are required to obtain authorization under an alternative general permit in accordance with Part 2.8.

1.4.4.5.2 Discharges from sites where any APDES permit has been or is in the process of being denied, terminated, or revoked by DEC (this does not apply to the routine reissuance of permits every five years).

1.4.4.6 Discharges of Dredged or Fill Material. Discharges of dredged or fill material into waters of the U.S. requiring federal authorization through the U.S Army Corps of

Engineers CWA Section 404 Regulatory Program.

1.4.4.7 Discharges from Nondomestic Treatment Works. Discharges of storm water to the land or groundwater from a nondomestic wastewater treatment works (as defined in

18 AAC 72) using permanent storm water management controls unless they are in compliance with 18 AAC 72.600 and EPA Underground Injection Control regulations1.

1.4.5 Emergency Repairs or Reconstruction of a Facility

1.4.5.1 Discharges from construction activities conducted in response to a disaster (as defined in Alaska Statute 26.23.900) are conditionally authorized, provided that the operator does the following:

1.4.5.1.1 Submits a Notice of Intent (NOI) and SWPPP (if project disturbs five or more acres in accordance with Part 2.1) to the Department in accordance with Part 2.3 and 2.4 within 30 calendar days of initiating construction activities.

1.4.5.1.2 Implements appropriate control measures as soon as possible after initiating construction activities. For discharges occurring during the initial 30 day period, the permittee must demonstrate compliance with the terms and conditions of this permit to the extent practicable depending on the disaster.

1.5 Waivers for Certain Small Construction Activities

1.5.1 Waiver Criteria. An operator of a small construction activity may qualify for a waiver in lieu of obtaining authorization under this permit if one of the following three criteria are met. Details of the three waiver options and procedures for requesting a waiver are provided in Appendix D:

1.5.1.1 The project has a low rainfall erosivity factor;

1.5.1.2 DEC or EPA has established or approved a TMDL that addresses the pollutant(s) of concern and has determined storm water control measures are not needed to protect water quality;

1.5.1.3 The operator develops an equivalent analysis that determined allocations for pollutant(s) of concern are not needed to protect water quality. This waiver is only available for non-impaired waters.

1 For additional information refer to DEC’s Engineered Wastewater Disposal System web page at https://dec.alaska.gov/Water/wwdp/onsite/ww_planreview-cklist.htm and EPA’s Underground Injection Control web page at http://www.epa.gov/uic/underground-injection-control-region-10-ak-id-or-and-wa https://dec.alaska.gov/commish/regulations/pdfs/18%20AAC%2072.pdf#page=78 https://dec.alaska.gov/commish/regulations/pdfs/18%20AAC%2072.pdf#page=57 http://www.legis.state.ak.us/basis/statutes.asp#26.23.900 https://dec.alaska.gov/Water/wwdp/onsite/ww_planreview-cklist.htm http://www.epa.gov/uic/underground-injection-control-region-10-ak-id-or-and-wa

2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT

2.1 Submittal Requirements Prior to Construction Depending on the type and location of the project, the operator may be required to submit information to the DEC and/or an MS4 operator for review prior to filing the NOI and commencement of construction activities. The following is a summary of the information to be submitted to each agency by project type and area of jurisdiction.

2.1.1 Permanent Storm Water Management Controls (Outside MS4). An operator installing permanent storm water management controls in accordance with Part 4.11 and where the project is located outside of an APDES permitted MS4, must submit information required by the DEC in Part 4.11 at least thirty (30) calendar days prior to filing the NOI for the project. The operator must receive the DEC’s written reply prior to the commencement of construction activities.

2.1.2 Permanent Storm Water Management Controls (Inside MS4). An operator installing permanent storm water management controls in accordance with Part 4.11 and where the project is located inside the area of an APDES permitted MS4 must submit information required by the MS4 operator for the project and must receive the MS4 operator’s approval prior to the commencement of construction activities. Check with the respective MS4 operator for their particular submittal requirements. (See http://dec.alaska.gov/water/ wnpspc/stormwater/SWPPPSubmittalRqmts.htm for further MS4 operator contact information.)

2.1.2.1 Operators of construction activity within the Municipality of Anchorage (with the exception of ADOT&PF, see 2.1.2.2) shall submit information to:

Municipality of Anchorage

Public Works Department

4700 South Elmore Rd.

P.O. Box 196650

Anchorage, AK 99519-6650

2.1.2.2 Operators of construction activities for Alaska Department of Transportation & Public

Facilities (ADOT&PF) construction projects within the Municipality of Anchorage shall submit information to:

ADOT&PF

Construction and Operations, Central Region

4111 Aviation Ave.

P.O. Box 196900

Anchorage, AK 99519

2.1.2.3 Operators of construction activity within the Fairbanks North Star Borough shall submit information to:

Fairbanks North Star Borough

Department of Public Works

P.O. Box 71267

Fairbanks, AK 99707 http://dec.alaska.gov/water/wnpspc/stormwater/SWPPPSubmittalRqmts.htm

2.1.2.4 Operators of construction activity within the City of Fairbanks shall submit information to:

City of Fairbanks

Engineering Division

800 Cushman St.

Fairbanks, AK 99701

2.1.2.5 Operators of construction activity within the City of North Pole shall submit information to:

City of North Pole

Department of Public Works

125 Snowman Lane

North Pole, AK 99705

2.1.2.6 Operators of construction activity within the Joint Base Elmendorf-Richardson shall submit information to:

Storm Water Lead

673rd CES/CEIEC

724 Quartermaster Drive

Joint Base Elmendorf-Richardson

2.1.2.7 Operators of construction activity within the Port of Anchorage shall submit information to:

Port of Anchorage

Operations and Maintenance

2000 Anchorage Port Road

Anchorage, AK 99501

2.1.3 SWPPP Submittal to DEC. An operator developing a project that disturbs five or more acres of land must submit a copy of the SWPPP to the DEC (Appendix A, Part 1.1.1) at the time the NOI is filed (electronic attachments to the eNOI are preferred).

2.1.4 SWPPP Submittal to MS4. An operator developing a project that is located inside the area of an APDES permitted MS4 must submit a copy of the SWPPP to the respective

MS4 operator. Check with the respective MS4 operator for their particular submittal requirements. (See http://dec.alaska.gov/water/wnpspc/stormwater/SWPPPSubmittalRqmts

.htm for further MS4 operator contact information.)

2.1.4.1 Within the Municipality of Anchorage

2.1.4.1.1 An operator of construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to either DEC or the Municipality based on the project type and operator as shown in the following table.

Table 3: SWPPP Submittal within Municipality of Anchorage MS4 area.

Project Type Submit SWPPP to

Government (Federal, state, or Port of Anchorage) road projects and other government sponsored transportation projects such as ports, railroads, or airports

DEC

Government (municipal) road projects and other government transportation projects Municipality

Public or private utility projects when the utility is initiating the work Municipality

Work that requires a building permit Municipality

Non-publicly funded transportation projects Municipality

2.1.4.1.2 Submittal of the SWPPP to the Municipality shall be made according to the most recent Municipality requirements and be submitted to the address given in Part

2.1.2.1

2.1.4.1.3 Submittal of the SWPPP to the DEC shall be to the address in Appendix A, Part

1.1.1.

2.1.4.2 Within the road service areas of the Fairbanks North Star Borough, check with the

Borough for the latest SWPPP submittal requirements at the address given in Part

2.1.2.3. An operator of a publicly-funded project disturbing one or more acres of land shall submit a copy of the SWPPP to the DEC for review at the address in Appendix

A, Part 1.1.1.

2.1.4.3 Within the City of Fairbanks, check with the City for the latest SWPPP submittal requirements at the address given in Part 2.1.2.4. An operator of a public-funded project disturbing one or more acres of land shall submit a copy of the SWPPP to the

DEC for review at the address in Appendix A, Part 1.1.1.

2.1.4.4 Within the City of North Pole, check with the City for the latest SWPPP submittal requirements at the address given in Part 2.1.2.5. An operator of a public-funded project disturbing one or more acres of land shall submit a copy of the SWPPP to the

DEC for review at the address in Appendix A, Part 1.1.1.

2.1.4.5 Within the Joint Base Elmendorf-Richardson, check with the latest SWPPP submittal requirements at the address given in Part 2.1.2.6.

2.1.4.6 Within the Port of Anchorage, check with the latest SWPPP submittal requirements at the address given in Part 2.1.2.7.

2.1.5 Projects Using Active Treatment Systems. Submit engineering plans and projects details listed in Part 4.6.3.3 to DEC (Appendix A, Part 1.1.1) at least 14 calendar days prior to use of the active treatment system at the construction site.

2.1.6 Projects that Discharge to an Outstanding Natural Resource Water. Contact DEC at least 30 calendar days prior to commencement of construction activities that may discharge to a high quality water that constitutes an outstanding national resource, such as a water of a national or state park or wildlife refuge or a water of “exceptional recreational or ecological significance” (as described in Appendix C), to discuss the need to conduct a site-specific antidegradation analysis. If an antidegradation analysis is required, it must be submitted at least 14 calendar days prior to filing the NOI. Before beginning construction activities, operators must receive a written approval of the analysis from the DEC.

Note: No Outstanding Natural Resource Waters are designated in Alaska as of the date of this permit issuance.

2.2 How to Obtain Authorization

2.2.1 To obtain authorization under this permit, an operator must:

2.2.1.1 Be responsible for a project located in the area where DEC is the permitting authority;

2.2.1.2 Meet the eligibility requirements of Part 1.4;

2.2.1.3 Develop a SWPPP according to the requirements in Part 5.0 prior to filing for an NOI and submit a copy of the SWPPP as specified in Part 2.1;

2.2.1.4 Select, design, install, and implement control measures in accordance with Part 4.0 to meet non-numeric effluent limits;

2.2.1.5 Submit a complete and accurate NOI either using DEC’s electronic system or using a paper form in accordance with Part 2.3 prior to commencing construction activities;

2.2.1.6 Pay the general permit authorization fees in accordance with 18 AAC 72.956;

2.2.1.7 Submit any additional information requested by the DEC or MS4 Operator (if applicable); and

2.2.1.8 Be granted authorization to discharge by the DEC.

2.2.2 Submission of the NOI demonstrates the operator’s intent to be covered by this permit; it is not a determination by DEC that the operator meets the eligibility requirements for the permit. A discharge is not authorized if:

2.2.2.1 The operator’s NOI is incomplete or inaccurate;

2.2.2.2 DEC requires the operator to obtain authorization under an individual permit or an alternative general permit; or

2.2.2.3 The discharge does not meet the eligibility requirements under Part 1.4.

2.2.3 If the information on the NOI is incorrect or is missing, the NOI will be deemed incomplete and permit authorization will not be granted. A complete NOI shall include the following information:

2.2.3.1 Operator: organization name, contact person and title, complete mailing address, telephone number and fax number and email address;

2.2.3.2 Billing Contact: organization name, contact person and title, complete mailing address, telephone number and fax number and email address. If the billing contact information is the same as the operator information, check the box on the NOI indicating that it is the same;

2.2.3.3 Project/site: project/site name, a physical location, the nearest city and zip code, the borough, latitude and longitude, how the latitude and longitude were determined, and estimated project start date and completion date, and an estimate of the area to be disturbed;

2.2.3.4 SWPPP: acknowledgement of whether a SWPPP has been prepared in advance of filing the NOI, the location of the SWPPP – either with the operator, the project/site, or other location, SWPPP contact if different than the operator contact;

2.2.3.5 Discharge: the name(s) of the waterbody to which the project discharges, identification if the project/site discharges to a waterbody that is impaired or has a

TMDL, if so, confirmation that the discharge is consistent with the assumptions and requirements of the TMDL;

2.2.3.6 Treatment Chemicals: information for those projects that use treatment chemicals includes: the name(s) of the polymers, flocculants, or other treatment chemicals used;

and

2.2.3.7 Signatory information in compliance with Appendix A, Part 1.12.

2.3 How to Submit an Notice of Intent (NOI)

2.3.1 Submittal Options. Each operator must submit an NOI to be authorized to discharge under this permit at least five business days prior to commencement of construction activities. DEC may need additional time for manual processing of NOIs. The complete and accurate NOI can be submitted either:

http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=%5bJUMP:'18+aac+72!2E956'%5d/doc/%7b@1%7d/hits_only?firsthit

2.3.1.1 Electronically (strongly encouraged): Go to DEC’s Water Online Application System

(OPA) web page at http://dec.alaska.gov/water/oasys/index.html to prepare and submit electronic NOI (eNOI). Note the eNOI will likely be processed more quickly and result in faster receipt of an authorization to discharge.

2.3.1.2 Paper NOI Form: Complete the CGP NOI form on DEC’s APDES Storm Water

Forms web page at http://dec.alaska.gov/water/wnpspc/stormwater/2016CGPForms.htm. Once the form is complete, scan and email the entire form (5 pages) to the permitting email address in

Appendix A, Section 1.1.1 or submit a paper copy to DEC at the address listed in

Appendix A, Section 1.1.1.

2.3.1.3 Applicants must pay the general permit authorization fee (in accordance with 18 AAC

72.956) before their NOI is considered complete.

2.4 Submission Deadlines

2.4.1 New Projects. The operator must submit a complete and accurate NOI and SWPPP (if project disturbs five or more acres in accordance with Part 2.1) prior to commencement of construction activities consistent with Parts 2.2.1 and 2.3 to obtain authorization under this permit.

2.4.2 Permitted Ongoing Projects.

2.4.2.1 An ongoing permitted project is one that commenced construction activities prior to the effective date of this permit and where the discharges from that project were authorized under the 2011 CGP (AKR100000). To continue coverage, a permittee must:

2.4.2.1.1 Continue to comply with the terms and conditions of the 2011 CGP until the permittee has been granted authorization under this permit or an alternative

APDES permit, or submits a NOT;

2.4.2.1.2 Update the existing SWPPP as necessary to comply with the requirements of Part

3.0, Part 4.0 and Part 5.0 before submitting a new NOI, as described in Part

2.4.2.1.3; and

2.4.2.1.3 Submit a complete and accurate new NOI within 90 calendar days of the effective date of this permit according to Part 2.3.

2.4.2.2 If the permittee is eligible to submit a NOT (e.g., construction is finished and final stabilization has been achieved) before the 90th day, a new NOI is not required to be submitted provided a NOT is submitted within 90 calendar days after the effective date of this permit.

2.4.3 Change of Permittee for an Authorized Ongoing Project.

2.4.3.1 A permittee who submitted a complete and accurate new NOI consistent with Part

2.4.2 for a permitted project must file an NOI modification form consistent with Part

2.7 if there is a change in the permittee after filing the updated new NOI.

2.4.3.2 A permittee of an ongoing project who transfers ownership of the project, or a portion thereof, to a different operator, that operator will be required to submit a complete and accurate new NOI for a new project in accordance with Part 2.3.1

2.4.4 Unpermitted Ongoing Project/Late Notification.

An operator who commences construction activities without authorization to discharge for a project that requires submission of a NOI consistent with Part 2.2 must develop and/or update a project-specific SWPPP and submit a complete and accurate NOI consistent with http://dec.alaska.gov/water/oasys/index.html http://dec.alaska.gov/water/wnpspc/stormwater/2016CGPForms.htm http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=%5bjump!3A!2718+aac+72!2E956!27%5d/doc/%7bt81252%7d/pageitems=%7bbody%7d?

http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=%5bjump!3A!2718+aac+72!2E956!27%5d/doc/%7bt81252%7d/pageitems=%7bbody%7d?

Part 2.3 as soon as practicable. The applicant is authorized to discharge in accordance with

Part 2.5. The DEC reserves the right to take enforcement action for any unpermitted discharges or permit non-compliance that occurs between the commencement of construction and discharge authorization.

2.5 Date of Authorization to Begin Discharge

Authorization to discharge under this general permit requires the operator seeking authorization to submit to DEC a complete and accurate NOI and payment of fee. If the project disturbs five or more acres, a copy of the SWPPP must be submitted in accordance with Part 2.1 prior to commencement of construction activities consistent with Parts 2.2.1 and 2.3.. The operator must receive written notification of authorization from DEC that coverage has been granted, and that a specific authorization number has been assigned prior to construction activities.

A permittee is authorized to discharge storm water from construction activities under the terms and conditions of this general permit upon the date specified in the issuance of the

DEC authorization letter, which is posted on DEC’s water permit search website

(http://dec.alaska.gov/Applications/Water/WaterPermitSearch/Search.aspx.

2.6 Continuation of Expired General Permit

If this permit is not reissued prior to the expiration date, it will be administratively continued in accordance with 18 AAC 83.155(c) and remain in force and effect for discharges that were covered prior to expiration.

2.6.1 The permittee is required to abide by all limitations, monitoring, and reporting included herein if the permit enters administrative extension until such time a permit is reissued authorizing the discharge or an NOT is submitted by the permittee.

2.6.2 A permittee who is authorized to discharge under this permit prior to the expiration date, any discharges authorized will automatically remain covered by this permit until the earliest of:

2.6.2.1 Authorization for coverage under a reissued permit or replacement of this permit following a permittee’s timely and appropriate submittal of a complete NOI requesting authorization to discharge under the new permit and compliance with the requirements of the new permit;

2.6.2.1.1 If a permittee fails to submit a timely NOI for coverage under the reissued or replacement permit, the permittee’s coverage will expire at midnight on the date that the NOI is due.

2.6.2.2 Submittal of a NOT;

2.6.2.3 Issuance of an individual permit for the project’s discharges; or

2.6.2.4 A formal permit decision by DEC to not reissue this general permit or not cover a particular discharger previously covered by the general permit, at which time DEC will identify a reasonable time period for covered dischargers to seek coverage under an alternative general permit or an individual permit. Coverage under this permit will cease at the end of this time period.

2.7 Submittal of a Modification to Original NOI

2.7.1 Modification. A permittee must file an NOI modification form to DEC (see Part 2.3) to update or correct the following information on the original NOI within 30 calendar days of the change:

http://dec.alaska.gov/Applications/Water/WaterPermitSearch/Search.aspx http://www.legis.state.ak.us/basis/aac.asp#18.83.155

2.7.1.1 Owner/Operator address and contact information;

2.7.1.2 Site information;

2.7.1.3 Estimated start or end dates;

2.7.1.4 Number of acres to be disturbed;

2.7.1.5 Change in decision to use or not use treatment chemicals; or

2.7.1.6 SWPPP location and contact information.

2.7.1.7 Continuation of expired permit in accordance with Part 2.6.

2.7.2 If the original project disturbance was between one and less than five acres, and will now disturb five acres or more, a SWPPP must be submitted with the NOI modification.

2.7.3 No general permit authorization fee is required when submitting an NOI modification.

2.7.4 NOT Instead of Modification.The permittee must submit a NOT instead of an NOI modification form to DEC within 30 calendar days when the operator has changed. The new owner/operator must file a new NOI to obtain coverage under the CGP. Coverage is not transferrable.

2.8 Alternative Permits

2.8.1 DEC Requiring Authorization under an Alternative Permit

DEC may terminate or revoke a permittee’s authorization under this permit and may require a permittee to apply for and/or obtain authorization to discharge under an alternative permit (i.e., an APDES individual permit or an alternative APDES general permit in accordance with 40 CFR §122.64 and §124.5). If DEC requires a permittee to apply for an alternative permit, DEC will notify the permittee in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision, alternative permit application requirements, and an application form. In addition, the notice will set a deadline to file the application, and will include a statement that on the effective date of issuance or denial of the APDES individual permit, or the effective date of authorization or denial of authorization under the alternative general permit as it applies to the permittee, authorization under this general permit will automatically terminate. An application must be submitted to DEC at the address in

Appendix A, Section 1.1.1. DEC may grant additional time to submit the application upon a written request by the permittee provided the request is received prior to expiration of the deadline. If the permittee is covered under this permit and fails to submit an alternative permit application in a timely manner as required by DEC, then the authorization under this permit will automatically terminate at the end of the day specified by DEC as the deadline for application submittal. The DEC may take appropriate enforcement action for any unpermitted discharge.

2.8.2 Operator Requesting Authorization under an Alternative Permit

An operator may request to be excluded from coverage under this general permit by applying for an individual permit. The operator must submit an individual permit application in accordance with 18 AAC 83.305 – 83.385 to DEC no later than ninety (90) days after publication of the general permit to the address in Appendix A, Part 1.1.1. DEC may grant the request by issuing an individual permit or authorization under an alternative general permit if DEC deems that the reasons cited are adequate to support the request.

http://www.gpo.gov/fdsys/pkg/CFR-2012-title40-vol23/pdf/CFR-2012-title40-vol23-sec122-64.pdf http://www.gpo.gov/fdsys/pkg/CFR-2012-title40-vol23/pdf/CFR-2012-title40-vol23-sec124-5.pdf

2.8.3 When a permittee is issued an APDES individual permit or is authorized to discharge under an alternative APDES general permit, the authorization under this permit is automatically terminated on the effective date of the individual permit or the date of authorization under the alternative general permit, whichever the case may be. If the permittee is denied an APDES individual permit or an alternative APDES general permit, the authorization under this permit is automatically terminated on the date of such denial, unless otherwise specified by DEC.

3.0 COMPLIANCE WITH STANDARDS AND LIMITS

3.1 Requirements for all Projects

3.1.1 A permittee must select, install, implement, and maintain control measures (described in

Part 4.0) at the construction site to minimize the discharge of pollutants as necessary to meet WQS’s (18 AAC 70). A permittee must comply with all permit conditions with respect to installation and maintenance of control measures, inspections, monitoring (if necessary), corrective actions, reporting and recordkeeping.

3.1.2 In general, except in situations explained in Part 3.1.3, the storm water controls planned, developed, implemented, maintained, and updated by the permittee that are consistent with the provisions of Parts 3.0 through 9.0 are considered to meet the stringent requirements of this permit to ensure that the discharges do not cause or contribute to an excursion above any WQS (18 AAC 70).

3.1.3 At any time after authorization, DEC may determine that the permittee’s storm water discharges will cause, have reasonable potential to cause, or contribute to an excursion above any applicable WQS. If such a determination is made, DEC may require the permittee to:

3.1.3.1 Take corrective actions and modify storm water controls in accordance with Part 8.0 to adequately address the identified water quality concerns;

3.1.3.2 Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining WQSs; or

3.1.3.3 Minimize discharges of storm water from the construction project and submit an individual permit application in accordance with Part 2.8.

3.1.4 All written responses required under this part must include a signed certification consistent with Appendix A, Part 1.12.

3.2 Discharge to Impaired Water Body

If the permittee is discharging into a water body with an EPA-established or approved

TMDL, the permittee must implement measures to ensure that the discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including ensuring that the discharge does not exceed specific wasteload or load allocation that has been established that would apply to the discharge. The permittee must also evaluate the recommendation in the Implementation Section of the TMDL and incorporate applicable measures into the operation.

3.2.1 Discharging to an Impaired Water Body for Turbidity or Sediment (Category 5)

3.2.1.1 Permittees who (1) discharge into a water body that is listed on Alaska’s 303(d) List of

Impaired Waters (Category 5) for turbidity or sediment

(http://dec.alaska.gov/water/wqsar/Docs/Impairedwaters.pdf) and (2) disturbs 20 or more acres of land at one time (including non-contiguous land disturbances that take place at the same time and are part of a larger common plan of development or sale) that drains to an impaired water must:

3.2.1.1.1 Develop, implement, and modify as necessary a written site-specific monitoring plan consistent with Part 7.0 that specifies the sampling frequency and location.

3.2.1.1.2 Conduct turbidity sampling at the following locations to evaluate compliance with the WQS for turbidity;

3.2.1.1.2.1 Upstream turbidity in the impaired water at a representative location

(upgradient) from the point of storm water discharge into the impaired water or outside the area of influence of the storm water discharge; and

3.2.1.1.2.2 Downstream turbidity at a representative location downstream from the point of discharge into the impaired water, inside the area of influence of the storm water discharge. Alternatively, the discharge turbidity may be measured at the point where the storm water discharge leaves the construction site, rather than when it is in the receiving water body.

3.2.1.1.3 Based on the sampling (as described in Part 3.2.1.1.2), the resulting water quality must meet the state WQS for turbidity, as follows:

3.2.1.1.3.1 The downstream sample may not exceed 5 nephelometric turbidity units

(NTU) above the upstream sample when the upstream turbidity is 50 NTU or less; and

3.2.1.1.3.2 The downstream sample may not have more than 10% increase in turbidity when the upstream turbidity is more than 50 NTU, not to exceed a maximum increase of 25 NTU.

3.2.1.1.4 If the difference between the…