SWPPP_ID_CANYON_2,_Riverside_Road_and_Lakeshore_Drive_Rehabilitation.pdf

8 How to Terminate Coverage

8.1 Minimum Information Required in NOT

8.2 Conditions for Terminating CGP Coverage

8.3 How to Submit Your NOT

8.4 Deadline for Submitting the NOT

8.5 Effective Date of Termination of Coverage

9 Permit Conditions Applicable to Specific States, Indian Country Lands, orTerritories

Appendix A: Definitions and Acronyms .............................................................................. A- 1

Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses .................. B-1

Appendix Small Construction Waivers and lnstructions .................................................. C-1

Appendix D: Eligibility Procedures Relating to Threatened and Endangered Species Protection ...................................................................................................... D-1

Appendix E: Historic Property Screening Process ................................................................. E-1

Appendix F: List of Tier 3, Tier 2 and Tier 2.5 Waters ............................................................. F-1

Appendix G: Buffer Requirements ...................................................................................... G-1

Appendix H: 2-Year, 24-HourStorm Frequencies ................................................................ H-1

Appendix I: Standard Permit Conditions .............................................................................. 1-1

Appendix J: Notice of Intent (NOi) Form and Instructions ................................................... J-1

Appendix K: Notice of Termination (NOT) Form and Instructions ........................................ K-1

Appendix L: Suggested Format for Request for Chemical Treatment ................................. L-1

Page ii

General Permit

1.2 TYPES OF DISCHARGES AUTHORIZEDS

1.2.1 The following stormwaterdischarges are authorized under this permit provided that appropriatestormwatercontrolsaredesigned, installed, and maintained (see Part 2):

a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity under 40 CFR l 22.26(b)( 14) or 122.26(b)!l5)!i);

b. Stormwaterdischarges designated by EPA as needing a permit under 40 CFR 122.26( a)( l )( v) or 122.26( b )( l 5)(ii);

c. Stormwater discharges from construction support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided that:

i. The support activity is directly related to the construction site required to have permit coverage for stormwaterdischarges;

ii. The support activity is not a commercial operation, nor does it serve multiple unrelated construction sites;

iii. The support activity does not continue to operate beyond the completion of the construction activity at the site it supports; and

iv. Stormwatercontrols are implemented in accordance with Part 2 and, if applicable, Part 3, for discharges from the support activityareas.

1.2.2 The following non-stormwater discharges associated with your construction activity are authorized under this permit provided that, with the exception of water used to control dust and to irrigate vegetation in stabilized areas, these discharges are not routed to areas of exposed soil on your site and you comply with any applicable requirements for these discharges in Part 2:

a. Discharges from emergency fire-fighting activities;

b. Fire hydrant flushings;

c. Landscapeirrigation;

d. Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

e. Waterusedtocontroldust;

f. Potablewaterincluding uncontaminatedwaterlineflushings;

g. External building washdown, provided soaps, solvents, and detergents are not used, and external surfaces do not contain hazardous substances (e.g., paint or caulk containing PCBs);

s Note: Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CW A section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOi) to be covered by the permit, the SW PPP, or during an inspection.

2017 Construction General Permit

.!l.E~EJ~~~!!.il.s!.!.!...£:.:.lt is EPA 's expectation thot very few sites will be conducting external building washdown activities under the CGP, and that of the few permittees that \Vi!! conduct these activities, most oft he resulting discharges will not contain hazardous substances. EPA also expects that many permit tees needing to conduct external building washdown activities can do so witl1out discharging into a waterbody, by directingwashwaterflow into a pervious or vegetated area for infiltrotion. Thus, EPA assumes that any increase in burden associated with the proposed new condition that such discharges must not contain hazardous substances minimal. EPA requests comment on this proposed new condition, and is interested in receiving feedback on how frequently external building washdown activities are conducted by permit tees covered undertheCGP, and how frequently such discharges are expected to contain hozardous substances (e.g., paint or caulk containing PCBs).

h. Pavement wash waters provided spills or leaks of toxic or hazardous substances have not occurred I unless all spill material has been removed) and where soaps, solvents, and detergents are not used. You are prohibited from directing pavement wash waters directly into any water of the U.S., storm drain inlet, or stormwater conv eya nee, unless the conv eya nee is connected to a sediment basin, sediment trap, or similarly effective control;

i. Uncontaminated air conditioning or compressor condensate;

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

k. Foundation or footing drains where flows are not contaminated with process materials such assolventsorcontaminated ground water; and

I. Constructiondewateringwaterdischarged in accordance with Part 2.4.

1.2.3 Also authorized under this permit are discharges of stormwater listed above in Part l.2. l, or authorized non-stormwaterdischarges listed above in Part l.2.2, commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.3 PROHIBITED DISCHARGES6

1.3.1 Wastewater from washout of concrete;

1.3.2 Wastewater from washout and clea nout of stucco, paint, form release oils, curing compounds, and other construction materials;

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

1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external building washdown; and

1.3.5 Toxic or hazardous substances from a spill or other release.

To prevent the above-listed prohibited non-stormwater discharges, operators are required to comply with the applicable pollution prevent requirements in Part 2.3.

6 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only non-stormwater discharges authorized by this permit are at Pprt 1.2.2. Any unauthorized non-stormwater discharges must be covered under an individual permit or alternative general permit.

Table 1 NO/ Submittal Deadlines and Official Start Date for Permit Coveraae.

Type of Operator NOi Submittal Deadlines Permit Authorization Date9

Operator of a new site (i.e., a At least 14 calendar days 14 calendar days after EPA site where construction prior to commencing notifies you that it has activities commence on or construction activities. received a complete NOi., after February 16, 2017) unless EPA notifies you that

,__O_p_e_r-at_o_r_o_f_a_n_e_x_i_s_tin-g-si-te-{i-. e-.,--+-N-o-la-te_r_t_h_a_n_[_9_0_c_a_le_n_d_a_r _ __, your authorization is delayed a site with2012 CGP coverage days after permit effective or denied.

where construction activities date].

commenced prior to February 16, 2017)

New operator of a new or existing site (i.e., an operator that through transfer of ownership and /or operation replaces the operator of an already permitted construction site)

Operator of an "emergency.

related project" (i.e., a project initiated in response to a public emergency {e.g., mud slides, earthquake, extreme flooding conditions, disruption in essential public services), for which the related work requires immediate authorization to avoid imminent endangerment to human health or the environment, ortoreestablish essential public services)

1.4.3 Modifying your NOi

At least 14 calendar days before the date the transfer to the new operator will take place.

No later than 30 calendar days after commencing construction activities.

You are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14calendar days after EPA notifies you that it has received a complete NOi, unless EPA notifies you that your authorization is delayed or denied.

If after submitting your NOi you need to correct or update any fields, you may do so by submitting a "Change NOl"form using NeT. Waivers from electronic reporting rnciy be granted as specified in Part 1.4.1. If you the EPA Regional Office has granted you approval to submit a paper NOi modification, you may indicate any NOi changes on the same NOi form in AppendixJ.

When there is a change to the site's operator, a new NOi must be submitted by the new operator, and the previous operator must submit a Notice of Termination (NOT) form as specified in Part 8.3.

B if you missed the deadline to submit your NOi, any and all discharges from your construction activities will continue to be unauthorized under the CW A until they are covered by this or a different NP DES permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of construction activ itii:;s and discharge authorization.

9 Discharges are not authorized if your NOi is incomplete or inaccurate or if you are not eligible for permit coverage.

Proposed 2017 Construction General Permit ( CGP)

e. Use chemicals in accordance with good engineering practices and specifications of the chemical provider/supplier. Use treatment chemicals and chemical treatment systems in accord a nee with good engineering pr act ices, and with dosing specifications and sediment removal design specifications provided by the prov id er /supplier oft heap plica ble chemicals, or document in your SW PPP specific departures from these specifications and how they reflect good engineering practice.

f. Ensure proper training. Ensure that all persons who handle and use treatment chemicals at the construction site ore provided with appropriate, product-specific training. Among other things, the training must cover proper dosing requirements.

g. Comply with additional requirements for the approved use of cationic chemicals. If you have been authorized to use cationic chemicals at your site pursuant to Part 1.1.9, and the authorization is conditioned on your compliance with additional requirements necessarytoensure thatthe use of such chemicals will not cause an exceed a nee of water quality standards, you ore required to comply with all such requirements.

2.2.14 Stabilize exposed portions of the site.24 Implement and maintain stabilization measures [e.g., seeding protected by erosion controls until vegetation is established, sodding, mulching, erosion control blankets, hydromulch, gravel) that minimize erosion from exposed portions of the site in accordance with Parts 2.2.14.a and 2.2.14.b.

a. Stabilization Deadlines:2s

i. Initiate the installation of stabilization measures immediate1y26 in any areas of exposed soil where construction activities have ceased and will not resume for 14 or more calendardays;27 and

24 Stabilization is not required if the intended function of a specific area of the site necessitates that it remain disturbed, and only the minimum area needed remains disturbed (e.g., dirt access roads, ulilifypole pods, areas being used for storage of vehicles, equipment, materials).

25 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required under Part 5.3, that the level of sediment discharge on the site makes it necessary to require a faster schedule for completing stabilization. For instance, if sediment discharges from an area of exposed sqil that is required to be stabilized are compromising the performance of existing stormwater controls, EPA may require stabilization to correct this problem.

26 The following types of activities would constitute the immediate initiation of stabilization:

1. Prepping the soil for vegetative or non-vegetative stabilization as long as seeding, planting, and/or installation of non-vegetative stabilization products takes place as soon as practicable, but no later than l day of completing soil preparation;

2. Applying mulch or other non-vegetative product to the exposed area;

3. Seeding or planting the exposed area;

4. Starting any of the activities in # I - 3 on a portion of the entire area that will be stabilized; and

5. Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines for completing stabilization.

21 The requirement to initiate stabilization immediately is triggered as soon as you know that construction work on a portion of the site is temporarily ceased and will not resume for 14 or more days, or as soon as you know that construction work is permanently ceased.

In the context of this provision, "immediately" means as soon as practicable, but no later than the end of the next business day, following the day when the construction activities have temporarily or permanently ceased.

Pagel2 oo~;ea 2017 Construction General Permit

., Discharges to a sediment- or nutrient-impaired water or to a water ihat is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradafion purposes. Complete stabilization as soon as practicable, but no later than 7 calendar days afterstabilization has been in it ia t ed.""""""'-~==""'""'"·'-"""""'"'""""'"""""=·

b. Final Stabilization Criteria (for any areas not covered by permanent structures):

i. V eget at ion must provide a uniform (Le., evenly distributed, without large bare areas) perennial cover with a density of 70 percent or more of the natural background cover; and/or

ii. Permanent non-vegetative stabilization measures3o must be implemented to provide effective cover.

iii. Exceptions:

.. Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). If it is the seasonally dry period or during a period in which drought is occurring, final stabilization is met if the area has been seeded or planted to provide established vegetation that covers 70 percent or more of the natural background cover within 3 years and, tot he extent necessary to prevent erosion on the seeded or planted area, non-vegetative erosion controls have been applied that providecoverforat least three years without active maintenance.

• Disturbed areas on agricultural land ihat are restored to iheir preconstruction agricultural use. The Part 2.2.14.b final stabilization criteria does not apply.

2.3 POLLUTION PREVENTION REQUIREMENTS31

You must implement pollution prevention controls in accordance with the following requirements to minimize the discharge of pollutants instormwaterand to prevent the discharge of pollutants from spilled or leaked materials from construction activities.

2.3.1 For equipment and vehicle fueling and maintenance:

a. Provide an effective means of eliminating the discharge of spilled or leaked chemicals, including fuels and oils, from these activities;32

b. If applicable, comply with the Spill Prevention Control and Countermeasures [SPCC) requirements in 40 CFR 112 and Section 31 l of the CWA;

30 Examples of permanent non-vegetative stabilization measures include riprap, gabions, and geotextiles.

31 Under this permit, you are not required to minimize exposure for any products or materials where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use).

32 Examples of effective means include:

• Locating activities away from waters of the U.S. and stormwater inlets or conveyances so that stormw ater coming into contact with these activities cannot reach waters of the U.S.;

• Providing secondary containment (e.g., spill berms, decks, spill containment pallets) and cover where appropriate; and

• Having a spill kit available on site and ensuring personnel are available to respond expeditiously in the event of a leak or spill.

ii. Clean up spills immediately, using dry clean-up methods where possible, and dispose of used materials properly. You are prohibited from hosing thearea down to clean surfaces or spills. Eliminate the source of the spill to prevent a discharge or a continuation of an ongoing discharge.

d. For hazardous or toxic wastes :35

i. Separate hazardous or toxic waste from construction and domestic waste;

ii. Store waste in sealed containers, which are constructed of suitable materials to prevent leakage and corrosion, and which are labeled in accordance with applicable Resource Conservation and Recovery Act (RCRA) requirements and all other applicable federal, state, tribal, or local requirements;

iii. Store all outside containers within appropriately-sized secondary containment (e.g., spill berms, decks, spill containment pallets) to prevent spills from being discharged, or provide a similarly effective means designed to prevent the discharge of pollutants from these areas (e.g., storing chemicals in covered area, having a spill kit available on site);

iv. Dispose of hazardous ortoxic waste in accordance with the manufacturer's recommended method of disposal and in compliance with federal, state, tribal, and local requirements;

v. Clean up spills immediately, using dry clean-up methods, and dispose of used materials properly. You are prohibited from hosing thearea down to clean surfaces or spills. Eliminate the source of the spill to prevent a discharge or a furtherance of an ongoing discharge; and

vi. Follow all other federal, state, tribal, and local requirements regarding hazardous or toxic waste.

e. For construction and domestic wastes:36

i. Providewastecontainers (e.g., dumpster, trash receptacle) of sufficient size and number to contain construction and domestic wastes;

ii. Keep waste container lids closed when not in use. For waste containers that do not have lids and could leak, provide either ( 1) cover (e.g., a tarp, plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation, or (2) a similarly effective means designed to minimize the discharge of pollutants (e.g., secondary containment);

iii. On business days, clean up and dispose of waste in designated waste containers;

and

iv. Clean up immediately if containers overflow.

f. For demolition of any structt.re with at least l 0,000 square feet of floor space built or renovatedbeforeJanuary l, 1980:

35 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks, sealants, fluorescent light ballasts, solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids.

36 Examples of construction and domestic waste include packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, demolition debris;

and other trash or building materials.

tribal, or local requirements may necessitate additional reporting of spills or discharges to local emergency response, public health, or drinking water supply agencies.

2.4 CONSTRUCTION DEWATERING REQUIREMENTS

Comply with the following requirements to minimize the discharge of pollutants in ground water or accumulated stormwaterthatis removed from excavations, trenches, foundations, vaults, orothersimilar points of accumulation, in accordance with Part 1.2.2.37

2.4.1 Treat dewatering discharges with controls to minimize discharges of pollutants;aa

2.4.2 Do not discharge visible floating solids or foam;

2.4.3 Use an oil-waterseparatororsuitable filtration device {such as a cartridge filter) that is designed to remove oil, grease, or other products if dewatering water is found to contain these materials;

2.4.4 To the extent feasible, utilize vegetated, upland areas of the site to infiltrate dewatering water before discharge. You are prohibited from using waters of the U.S. as part of the treatment area;

2.4.5 At all points where dewatering water is discharged, comply with the velocity dissipation requirements of Part 2.2.11;

2.4.6 With backwash water, either haul it away for disposal or return it to the beginning of the treatment process; and

2.4.7 Replace and clean the filter media used in dewatering devices when the pressure differential equals or exceeds the manufacturer's specifications.

~~~~..!::.!;:!.W..!.!..!.ll'i:..u.L:?.· EPA requests comment on additional controls or requirements EPA should consider to ensure that discharges of pollutants in construction dewatering discharges ore minimized.

3 WATER QUALITY-BASED EFFLUENT LIMITATIONS

3.1 GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS

Discharges must be controlled as necessary to meet applicable water quality standards. Discharges must also comply with any additional state or tribal requirements that are in Part 9.

In the absence of information demonstrating otherwise, EPA expects that compliance with the conditions in this permit will result in stormwater discharges being controlled as necessary to meet applicablewaterqualitystandards. If at anytime you become aware, or EPA determines, that discharges are not being controlled as necessary to meet applicable water quality standards, take corrective action as required in Parts 5.1 and 5.2, and document the corrective actions as required in Part 5.4.

EPA may insist that you impose additional controls (to meet the narrative waterquality based effluent limit above) on a site-specific basis, or require you to obtain coverage

37 Uncontaminated, clear (non-turbid) dewaterlng water can be discharged without being routed to a control.

3s Examples of appropriate controls include sediment basins or sediment traps, sediment socks, dewatering tanks, tube settlers, weir tanks, and filtration systems (e.g., bag or sand filters) that are designed to remove sediment.

Page18 under an individual permit, if information in your NOi or from other sources indicates that your discharges are not controlled as necessary to meet applicable water quality standards. This includes situations where additional controls are necessary to comply with a wasteload allocation in an EPA-established orapprovedTMDL.

If during your coverage under a previous permit, you were required to install and maintain stormwatercontrols specifically to meet the assumptions and requirements of an EPA-approvedorestablishedTMDL {for any parameter) or to otherwise control your discharge to meet water quality standards, you must continue to implement such controls as part of your coverage under this permit.

3.2 DISCHARGE LIMITATIONS FOR SITES DISCHARGING TO SENSITIVE WATERS 39

For any portion of the site that discharges to a sediment or nutrient-impaired water or to a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes, instead of the inspection frequency specified in Part 4.2, you must comply with the frequency specified in 4.3, and instead of the stabilization deadline specified in 2.2. l 4.a.ii, you must comply with the deadline specified in Part 2.2.14.a.iii. 40

See Request for Comment 3 and 5.

If you discharge to a water that is impaired for a parameter otherthan a sediment related parameteror nutrients, EPA will inform you if any additional limits or controls are necessary for your discharge to be cont rolled as necessary to meet water quality standards, including for it to be consistent with the assumptions of any available wasteloadallocationin any applicableTMDL or if coverage under an individual permit is necessary.

In addition, on a case-by-case basis, EPA may notify operators of new sites or operators of existing sites with increased discharges that additional analyses, st ormwa t er controls, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or notify you that an individual permit application is necessary.

39 Sensitive waters include waters that are impaired and Tier 2, Tier 2.5, and Tier 3 waters.

"Impaired waters" are those waters identified by the state, tribe, or EPA as not meeting an applicable water quality standard and (1) requires development of a TMDL (pursuant to section 303(d) of the CWA; or

(2) is addressed by an EPA-approved or established TMDL; or (3) is not in either of the above categories but the waterbody is covered by a pollution control program that meets the requirements of 40 CFR 130.?(b)(l ). Your construction site will be considered to discharge to an impaired water if the first water of the U.S. to which you discharge is an impaired water. For discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system. For assistance in determining whether your site discharges to impaired waters, EPA has developed a tool that is available both within the electronic NOi form in NeT, and at https://water.epa.gov /polwaste/npdes/stormwoter/dischorge.cfm.

Tiers 2, 2.5 and 3 refer tow ate rs either identified by the state as high quality waters or Outstanding National Resource Waters under 40 CFR 131.12(0){2} and (3). For the purposes of this permit, you ore considered to discharge to a lier 2, Tier 2.5, or Tier 3 water ifthe first water of the U.S. to which you discharge is identified by a state, tribe, or EPA as Tier 2, Tier 2.5, or lier 3. For discharges that enter a storm sewer system prior to discharge, the water of the U.S. to which you discharge is the first water of the U.S. that receives the stormwater discharge from the storm sewer system. See list of Tier 2, lier 2.5, and lier 3 waters in Appendix F.

EPA may determine on a case-by-case basis that a site discharges to an impaired water.

40 If you qualify for any of the reduced inspection frequencies in Part 4.4, you may conduct inspections in accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.

4 SITE INSPECTION REQUIREMENTS

4.1 PERSON(S) RESPONSIBLE FOR INSPECTING SITE

The person(s) inspecting your site may be a person on your staff or a third party you hire to conduct such inspections. You are responsible for ensuring that the person who conducts inspections is a "qualified person."41

4.2 FREQUENCY OF INSPECTIONS.42

At a minimum, you must conduct a site inspection in accordance with one of the two schedules listed below, unless you are subject to the Part 4.3site inspection frequency for discharges to sediment or nutrient-impaired waters or qualify for a Part 4.4 reduction in the inspection frequency:

4.2.1 At least once every 7 calendar days; or

4.2.2 Once every 14 calendar days and within 24 hours of the occurrence of a storm event of

0.25 inches or greater, or the occurrence of runoff from snowmelt .43To determine if a storm event of0.25 inches or greater has occurred on your site, you must either keep a properly maintained rain gauge on your site, or obtain the storm event information from a weather station that is representative of your location. For any day of rainfall during normal business hours that measures 0.25 inches or greater, you must record the total rainfall measured for that day in accordance with Part 4.7.1.d.

~~~~l-X~l.!.!..!.E!.!.~ EPA solicits comment on the appropriate inspection frequency.

In particular, EPA solicits comment on modifying the minimum site inspection frequency to once every 7 calendar days and within 24 hours of the occurrence of a storm event of

0.25 inches or greater. U ndert he current 2012 this inspection frequency applies to sites discharging to sensitive waters (i.e., impaired waters and 2, 2.5, or 3 waters). EPA requests comment on the appropriate inspection uency for all sites (except for sites qualifying for a reduction in inspection frequency in Part 4.4 below). Please identify specifically the situations where this frequency would not be reasonable. EPA also requests comment on requiring the inspection frequency to be once every 7 days (without the option of inspection once every 14 calendar days and within 24 hours of a storm event).

ReguestforComment 6: EPA requestscomment on the frequency of inspections that should be required for snowmelt runoff. Where snowmelt discharges occur over multiple days, as many frequently do, EPA is interested in receiving feedback on a recommended inspection frequency for these discharge events.

41 A "qualified person" (as defined in Appendix A) is a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions at the construction site that could impact stormwater quality, and the skills to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit.

42 Inspections are only required during the site's normal working hours.

43 "Within 24 hours of the occurrence of a storm event" means that you are required to conduct an inspection within 24 hours once a storm event has produced 0.25 inches within a 24 hour period, even if the storm event is still continuing. lhus, if you have elected to inspect bi-weekly in accordance with Part 4.2.2 and there is a storm event at your site that continues for multiple days, and each day of the storm produces 0.25 inches or more of rain, you are required to conduct an inspection within 24 hours of the first day of the storm and within 24 hours after the end of the storm.

b. If you are still conducting construction activities during frozen conditions, you may reduce your inspection frequency to once per month if:

i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at your site for at least 3 months based on historic seasonal averages. If unexpected weather conditions (such as above freezing temperatures or rain events) make discharges likely, you must immediately resume your regular inspection frequency as described in Ports 4.2 and 4.3, as applicable; and

ii. Except for areas in which you are actively conducting construction activities, disturbed areas of the site have beenstabilizedin accordance with Part 2.2.14.a.

You must document the beginning and ending dates of this period in your SW PPP.

4.5 AREAS THAT MUST BE INSPECTED

During your site inspection, you must at a minimum inspect the following areas of your site:

4.5.1 All areas that have been cleared, graded, or excavated and that have not yet completed stabilization consistent with Part 2.2.14.a;

4.5.2 All stormwatercontrofs (including pollution prevention controls) installed at the site to comply with this permit;44

4.5.3 Material, waste, borrow, and equipment storage and maintenance areas that are covered by this permit;

4.5.4 A II areas where st ormwater typically flows within the site, including d rainageways designed to divert, convey, and/ortreatstormwater;

4.5.5 All points of discharge from the site; and

4.5.6 All locations where stabilization measures have been implemented.

You are not required to inspect areas that, at the time of the inspection, are considered unsafe to your inspection personnel.

4.6 REQUIREMENTS FOR INSPECTIONS

During your site inspection, you must at a minimum:

4.6.1 Check whether all stormwater controls (i.e., erosion and sediment controls and pollution prevention controls) are properly installed, appear to be operational, and are working as intended to minimize pollutant discharges;

4.6.2 Check for the presence of conditions that could lead to spills, leaks, or other accumulations of pollutants on the site;

4.6.3 Identify any locations where new or modified stormwatercontrols are necessary to meet the requirements of Parts 2 and/or3;

4.6.4 At points of discharge and, if applicable, the banks of any waters of the U.S. flowing within or immediately adjacent tot he site, check for signs of visible erosion and sedimentation (i.e., sediment deposits) that have occurred and are attributable to your discharge;

441his includes the requirement to inspect for sediment that has been tracked out from the site onto paved roads, sidewalks, or other paved areas consistent with Part 2.2.4.

4.6.5 Identify any incidents of noncompliance observed;

4.6.6 If a discharge is occurring during your inspection:

a. Identify all discharge points at the site; and

b. Observe and document the visual quality of the discharge, and take note of the characteristics of the stormwaterdischarge, including color; odor; floating, settled, or suspended solids; foam; oil sheen; and other indicators of stormwater pollutants.

4.6.7 Based on the results of your inspection, complete any necessary maintenance under Part

2.1.4 and corrective action under Part 5.

4.7 INSPECTION REPORT

4.7.1 You must complete an inspection report within 24 hours of completing any site inspection. Each inspection report must include the following:

a. The inspection date;

b. Names and titles of personnel making the inspection;

c. A summary of your inspection findings, covering at a minimum the observations you made in accordance with Part 4.6, including any necessary maintenance or corrective actions;

d. If you are inspecting your site at the frequency specified in Part 4.2.2, Part 4.3.2, or Part 4.4.2, and you conducted an inspection because of rainfall measuring 0.25 inches or greater, you must include the applicable rain gauge or weather station readings that triggered the inspection; and

e. If you determined that it is unsafe to inspect a portion of your site, you must describe the reason you found it to be unsafe and specify the locations to which this condition applies.

4.7.2 Each inspection report must be signed in accordance with Appendix I, Part 1.11 of this permit.

4.7.3 You are required to keep a copy of all inspection reports at the site or at an easily accessible location, so that it can be made available at the time of an on-site inspection or upon request by EPA.

4.7.4 All inspection reports completed fort his Part must be retained for at least 3 years from the date that your permit coverage expires or is terminated.

4.8 INSPECTIONS BY EPA

4.8.1 You must allow EPA, or an authorized representativeof EPA, to conduct the following activities at reasonable times. Tot he extent that you are utilizing shared controls that are not on site to comply with this permit, you must make arrangements for EPA to have access at all reasonable times to those areas where the shared controls are located.

4.8.2 Enter onto all areas oft he site, including any construction support activity areas covered by this permit, any off-site areas where shared controls are utilized to comply with this permit, discharge locations, adjoining waterbodies, and locations where records are kept under the conditions of this permit;

4.8.3 Access and copy any records that must be kept under the conditions of this permit;

4.8.4 Inspect your construction site, including any construction support activity areas covered by this permit Part l le), any stormwatercontrols installed and maintained at the site, and any off-site shared controls utilized to comply with this permit; and

4.8.5 Sample or monitor for the purpose of ensuring compliance.

5 CORRECTIVE ACTIONS

5.1 CONDITIONS TRIGGERING CORRECTIVE ACTION.

You must take corrective action to address any of the following conditions identified at your site:

5.1.1 A stormwatercontrol needs repair or replacement; or

5.1.2 A stormwatercontrol necessary to comply with the requirements of this permit was never installed, or was installed incorrectly; or

5.1.3 Your discharges are causing an exceedanceof applicablewaterqualitystandards; or

5.1.4 A prohibited discharge has occurred (see Part l .3}.

5.2 CORRECTIVE ACTION DEADLINES

For any corrective action triggering conditions in Part 5.1, you must:

5.2.1 Immediately take all reasonable steps to address the condition, including cleaning up any contaminated sutfaces so the material will not discharge in subsequent storm events;

5.2.2 When the problem does not require a new or replacement control or significant repair, the corrective action must be completed by the close of the next business day;

5.2.3 When the problem requires a new or replacement control or significant repair, install the new or modified control and make it operational, or complete the repair, by no later than 7 calendar days from the time of discovery. If it is infeasible to complete the installation or repair within 7 calendar days, you must document in your records why it is infeasible to complete the installation or repair within the 7-daytimeframe and document your schedule for installing the stormwatercontrol(s} and making it operational as soon as feasible after the 7-day timeframe. Where these actions result in changes to any of the stormwatercontrols or procedures documented in your SW PPP, you must modify your SW PPP accordingly within 7 calendar days of completing this work.

5.3 CORRECTIVE ACTION REQUIRED BY EPA

You must comply with any corrective actions required by EPA as a result of permit violations found during an inspection carried out under Part 4.8.

5.4 CORRECTIVE ACTION REPORT

For each corrective action taken in accordance with this Part, you must complete a report in accordance with the following:

5.4.1 Within 24 hours of identifying the corrective action condition, document the specific condition and the date and time it was identified.

• When and how to conduct inspections, record applicable findings, and take corrective actions.

Each member of thestormwaterteammust have easy access to an electronic or paper copy of applicable portions of this permit, the most updated copy of your SW PPP, and other relevant documents or information that must be kept with the SW PPP.

7 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

7 .1 GENERAL REQUIREMENTS

All operators associated with a construction site under this permit must develop a SW PPP consistent with the requirements in Part? prior to their submittal of the NOl. 46 TheSWPPP must be kept up-to-date throughout coverage under this permit.

If a SW PPP was preparedundera previous version of this permit, it must be reviewed and updated to ensure that this permit's requirements are addressed prior to submitting an NOi for coverage under this permit.

7 .2 SWPPP CONTENTS

At a minimum, theSWPPP must include the information specified in this Part and as specified in other parts of this permit.

7.2.1 All Site Operators. Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.

7.2.2 Stormwoter Team. Identify the personnel (by name or position) that are part of the stormwaterteam, as well as their individual responsibilities, including which members are responsible for conducting inspections.

7 .2.3 Nature of Construction Activities. 47 Include the following:

a. A description of the nature of your construction activities, including the age and/or dates of past renovations for structures that are undergoing demolition;

b. The size of the property (in acres);

c. The total area expected to be disturbed by the construction activities (to the nearest quarter acre);

d. A description of any on-site and off-site construction support activity areas covered by this permit (see Part 1.2. lc);

e. The maximum area expected to be disturbed at anyone time, including on-site and off-site construction support activity areas;

46 You have the option of developing a group SW PPP where you are one of several operators who engage in construction activities at your site. For instance, if both the owner and the general contractor of the construction site are permitted, the owner may be the party responsible for SW PPP development, and the general contractor (or any other operator at the site) can choose to use this same SW PPP, as long as the SW PPP addresses the general contractor's (or other operators') scope of construction work and obligations under this permit. See request for comment 1.

47 If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the sequence and estimated dates of construction activities is not meant to "lock in" the operator to meeting these dates. When departures from initial projections are necessary, this should be documented in the SW PPP itself, or in associated records, as appropriate.

2017 Construction

c. Locations of all waters of the U.S. within and one mile downstream of the site. Also identify if any are listed as impaired, or are identified as a Tier 2, Tier 2.5, or Tier 3 water;

d. Areas of federally listed critical habitat within the site and/or at discharge locations;

e. Type and extent of pre-construction cover on the site [e.g. vegetative cover, forest, pasture, pavement, structures);

f. Drainage patterns of stormwaterand authorized non-stormwater before and after major grading activities;

g. Stormwaterand authorized non-stormwaterdischarge locations, including:

i. Locations wherestormwaterand/orauthorized non-stormwaterwill be discharged to storm drain inlets;49 and

ii. Locations where stormwater or authorized non-stormwater will be discharged directlytowaters of the U.S.

h. Locations of all potential pollutant-generating activities identified in Part 7.2.3.g;

i. Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit; and

j. Locations where polymers, flocculants, or other treatment chemicals will be used and stored.

7.2.5 Non-Stormwater Discharges. Identify all authorized non-stormwater discharges in Part

1.2.2 thatwillor may occur.

7 .2.6 Description of Stormwater Controls. for each of the Part 2.2 erosion and sediment control effluent limits, Part 2.3 pollution prevention effluent limits, and Part 2.4 construction dewatering effluent limits, as applicable to your site, you must include the following:

• A description of the specific control(s) to be implemented to meet the effluent limit;

• Any applicable design specifications (including references to any manufacturer specifications and/or erosion and sediment control manuals/ordinances relied upon);so

• Routine maintenance specifications; and

" The projected schedule for its installation/implementation.

You must also include any of the following additional information as applicable.

a. Natural buffers and/or equivalentsedimentcontrols (see Part 2.2.1 and AppendixG).

You must include the following:

i. The compliance alternative to be implemented;

ii. If complying with alternative 2, the width of natural buffer retained;

49 lhe requirement to show storm drain inlets in the immediate vicinity of the site on your site map only applies to those inlets that are easily identifiable from your site or from a publicly accessible area immediately adjacent to your site.

5o Design specifications may be found in manufacturer specifications and/or in applicable erosion and sediment control manuals or ordinances. Any departures from such specifications must reflect good engineering practice and must be explained in the SW PPP.

iii. If complying with alternative 2 or 3, the erosion and sediment control( s) you will use to achieve an equivalent sediment reduction, and any information you relied upon to demonstrate the equivalency;

iv. If complying with alternative 3, a description of why it is infeasible for you to provide and maintain an undisturbed natural buffer of any size;

v. For "linear construction sites" where it is infeasible to implement compliance alternative 1, 2, or 3, a rationale for this determination, and a description of any buffer width retained and/or supplemental erosion and sediment controls installed; and

vi. A description of any disturbances that are exempt under Part 2.2. l that occur within 50 feet of a water of the U.S.

b. Perimeter controls for a "linear construction site" (see Part 2.2.3). For areas where perimeter controls are not feasible, include documentation to support this determination and a description of the other practices that will be implemented to minimize discharges of pollutants in stormwaterassociatedwith construction activities.

Note: Routine maintenance specifications for perimeter controls documented in the SW PPP must include the Part 2.2.3.a requirement that sediment be removed before it has accumulated to one-half of the above-ground height of any perimeter control.

c. Sediment track-out controls (see Parts 2.2.4.b and 2.2.4.c). Document the specific stabilization techniques and/or controls that will be implemented to remove sediment prior to vehicle exit.

d. Sediment basins (see Part 2.2.12). In circumstances where it is infeasible to utilize outlet structuresthatwithdrawwaterfrom the surface, include documentation to support this determination, including the specific conditions or time periods when this exception will apply.

e. Treatment chemicals (see Part 2.2.13), you must include the following:

i. A listing of the soil types that are expected to be exposed during construction in areas of the project that will drain to chemical treatment systems. Also include a listing of soil types expected to be found in fill material to be used in these same areas, to the extent you have this information prior to construction;

ii. A listing of all treatment chemicals to be used at the site and why the selection of these chemicals is suited tot he soil characteristics of your site;

iii. If the applicable EPA Regional Office authorized you to use cationic treatment chemicals for sediment control, include the specific controls and implementation procedures designed to ensure that your use of cationic treatment chemicals will not lead toa violationofwaterqualitystandards;

iv. The dosage of all treatment chemicals to be used at the site or the methodology to be used to determine dosage;

v. Information from any applicable Safety Data Sheet (SOS);

vi. Schematic drawings of any chemically-enhanced stormwater controls or chemical treatment systems to be used for application of the treatment chemicals;

vii. A description of how chemicals will be stored consistent with Part 2.2.13.c;

viii. References to applicable state or local requirements affecting the use of treatment chemicals, and copies of applicable manufacturer's specifications regarding the use of your specific treatment chemicals and/or chemical treatment systems; and

ix. A description of the training that personnel who handle and apply chemicals have received prior to permit coverage, or will receive prior to use of the treatment chemicals at your site.

f. Stabilizatton measures (see Part 2.2.14). You must include the following:

i. The specific vegetative and/or non-vegetative practices that will be used;

ii. If complying with the deadlines for sites in arid, semi-arid, or drought-stricken areas, the beginning and ending dates of the seasonally dry period and the schedule you will follow for initiating and completing vegetative stabilization; and

iii. If complying with deadlines for sites affected by unforeseen circumstances that delay the initiation and/orcompletion of vegetative stabilization, document the circumstances and the schedule for initiating and completing stabilization.

g. Spill preventton and response procedures (see Part 1.3.5 and Part 2.3). You must include the following:

i. Procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and otherreleases. ldentifythe name or position of the employee(s) responsible for detection and response of spills or leaks; and

ii. Procedures for notification of appropriate facility personnel, emergency response agencies, and regulatory agencies where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity consistent with Part 2.3.6and established under either 40 CFR 110, 40 CFR 117, or 40 CFR 302, occurs during a 24-hour period. Contact information must be in locations that are readily accessible and available to all employees.

You may also reference the existence of Spill Prevention Control and Countermeasure (SPCC) plans developed forthe construction activity under Part 311 of the CWA, or spill control programs otherwise required by an NPDES permit for the construction activity, provided that you keep a copy of that other plan on site.s1

h. Waste management procedures (see Part 2.3.3). Describe the procedures you will follow for handling, storing and disposing of all wastes generated at your site consistent with all applicable federal, state, tribal, and local requirements, including clearing and demolition debris, sediment removed from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.

i. Application offerttlizers (see Part 2.3.5). Document any departures from the manufacturer specifications where appropriate.

7.2.7 Procedures for lnspectton, Maintenance, and Corrective Action. Describe the procedures you will follow for maintaining your stormwater controls, conducting site inspections, and, where necessary, taking corrective actions, in accordance with Part 2.1.4, Part 4, and Part 5 of this permit. Also include:

s1 Even if you already have an SPCC or other spill prevention plan in existence, your plans will only be considered adequate if they meet all of the requirements of this Part, either as part of your existing plan or supplemented as part of the SWPPP.

a. The inspection schedule you…